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HomeMy Public PortalAbout413CITY OF MEDINA ORDINANCE NO.413 An Ordinance Related to Home Occupations and Cemeteries; Amending Section 826.98, Subdivision 2 (c) and (d). The city council of the city of Medina ordains as follows: SECTION I. Medina Code Section 826.98, subdivision 2 (c) and (d) is amended by deleting the Gtricken material and adding the underlined material as follows: Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and Residential Districts. Subd. 2. Specific Standards. (c) home occupation (N.B. Thesc standards are already contained in section 825.07, subd. 49 i .,a . it be oa her-e f r ,. isterc-y-): Ordinance No. 413 September 5, 2006 (i) not more than one person not residing in the dwelling may be employed on -site in the home occupation, regardless of the number of hours worked by the individual; (ii) no sales may occur which involve delivery of goods at the site no over-the-counter retail sales; (iii) only such signs as are permitted under section 815.09 of this ordinance; (iv) no outside storage; (v) the home occupation must be conducted solely within the principal structure; (vi) limited customer, client, patient or student visits to the site in connection with the home occupation limited by conditional use pen:nit; (vii) there must be adequate off-street parking for the anticipated number of persons on the site at any one time and the parking area must be screened from view from adjacent properties or rights -of - way; (viii) limited deliveries associated with the home occupation in commercial vehicles over one ton capacity limited by conditional use permit; 1 (ix) no equipment or devices not customarily used in residential dwellings may be used in connection with the home occupation; (x) entrance to the space used for the home occupation must be within the dwelling; (xi) no interior or exterior alterations may be made to the dwelling to accommodate the home occupation except as may be customarily found in a dwelling; (xii) any vehicle displaying the name of the home occupation must be parked in an enclosed garage or in an area screened from view from adjacent properties or rights -of -way; (xiii) the home occupation may not produce any light, glare, noise or vibration perceptible beyond the boundaries of the property which is not customarily associated with residential use; (xiv) no exterior bells or loudspeakers; (xv) (xiv) hours of business activity may be limited by the city council to protect the public health, safety and welfare; (xvi) (xv) the home occupation must be operated in compliance with all other applicable federal, state and local statutes, ordinances, codes and regulations; and xvl (d) cemeteries: Ordinance No. 413 September 5, 2006 the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. (i) minimum lot area of ten acres; (ii) located with direct access to a collector or arterial roadway as identified in the comprehensive plan; (iii) all roadways within the cemetery must be paved and 20 feet wide unless the city determines that a wider road is necessary for public safety; (iv) direct views from all adjoining residential parcels must be screened by appropriate means; 2 Ordinance No. 413 September 5, 2006 (v) buildings, parking areas, mausoleums, columbariums and upright grave markers that exceed 24 inches in height must be set back a minimum of 50 feet from all property lines; (vi) all improvements, including grave sites, must be set back a minimum of 50 feet from all wetlands; (vii) established and operated in compliance with the requirements of Minnesota Statutes, Chapters 306 and or 307, as amended; and (viii) sufficient maintenance and perpetual care funds as required by Minnesota Statutes Chapters 306 or 307 shall be established; (ix) an underground sprinkler system that has the capability to water all vegetation within the cemetery shall be required; Osj monuments or markers within a cemetery shall be placed as shown on the cemetery's master plan or as directed by the city; (xi) mausoleums shall not exceed 30 feet in height and monuments shall not exceed 10 feet in height, with height measured as it is for buildings; (xii) monuments and markers shall be constructed of natural stone, but no monument or marker shall be constructed of limestone, sandstone or any other type of stone that will not maintain relative permanency; (xiii) monuments and markers shall be structurally sound and be placed upon foundations of solid masonry at a depth and size so as to assure no settling or movement of the marker or monument; (xiv) concrete aprons at least four inches in width that are level with the ground shall be placed around monuments and be affixed to them so as to prevent grass, weeds or other vegetation from growing in between the monuments and aprons; (xv) a site plan acceptable to the city council must be submitted and reviewed under the city's site plan ordinance; (xvi) a master plan for the build -out of the property which includes the number and location of all burial lots; the phasing of selling/filling the burial lots; the assigned numbers for the burial lots; descriptions and locations of any other improvements to be located on the property; and a description of the cemetery's records 3 retention system must be submitted and approved by the city council; (xvii) ground water tests shall be performed prior to city council approval in order to determine high water tables and any springs located on the site; (xviii) the city council may require a transportation plan that includes traffic management for burials, funerals and burial site visits; (xix) the city council may require an environmental assessment of the proposed use; (xx) in addition to the requirements set forth in this provision, the city council may require compliance with any other conditions, restrictions or limitations regarding the type, location, size, material, number, the manner of placement and installation, and removal of monuments, markers, mausoleums, columbariums and plantings that are permitted within the cemetery it deems to be reasonably necessary to protect the residential character of the neighborhood. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this 5th day of September, 2006. City of Medina ruce D. Workman, Mayor Attest: i,,‘v, Chad M. Adams, City Administrator -Clerk Published in the South Crow River News on the 11 th day of September, 2006. Ordinance No. 413 September 5, 2006 4