HomeMy Public PortalAbout476CITY OF MEDINA
ORDINANCE NO.476
AN ORDINANCE AMENDING THE REGULATIONS OF THE
RURAL COMMERCIAL HOLDING (RCH) ZONING DISTRICT AND
CREATING THE RURAL BUSINESS HOLDING (RBH) ZONING DISTRICT;
AMENDING SECTION 835.
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION I. Section 835 of the Medina code of ordinances is amended to add the
underlined language and delete the stfuelk-th.Feugh language as follows:
835 - ZONING — RURAL COMMERCIAL HOLDING DISTRICT
Section 835.01. Purpose -The purpose of this district is to provide a zoning district which is
consistent with the area guided for commercial reserve in the city's comprehensive plan. The
rural commercial holding zone includes areas of the community lying outside of the area in
which urban services are currently available to commercial uses but which will be added to the
urban service area in the future. Development within the rural commercial holding district shall
be limited in scale until municipal utility services are available and shall be designed in a way to
efficiently accommodate additional development in the future and also designed to protect and
enhance the natural environment.
Section 835.02. Permitted Uses. Within the Rural Commercial Holding District the following
uses shall be permitted, subject to site plan approval, the sanitary sewer usage limitations set
forth herein, and other applicable provisions of the ity code:
(1) Permitted uses of the Commercial -Highway zoning district, as described in Section
838.1.02 of the city code, except the following shall not be permitted uses:
(a) Car washes or auto detailing
(b) Day care facilities
itals and inpatient services
(d) Hotels/Motels
(e) On -sale liquor establishments
(f) Restaurants
(g) Sports, health, and physical fitness clubs
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Ordinance No. 476 1
February 16, 2010
(2) Agricultural Uses. The animal unit density standards as described in Subd. 8 of Section
826 25 shall ay to the production of livestock and the keeping of animals.
(3) Contractor services typically delivered off -site such as, building contractors, lawn care,
electrical, plumbing, locksmiths and extermination or pest control.
(1) Park and Open Space
(2) Office
(5) Medical Offices
(7) Dance Studio
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(10) Post Office
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(e) Food and Beverage Stores
(f) Vidco Store
(g) Health and Personal Care Stores
(h) Clothing and Clothing Accessories Stores
(j) Hair, Nail, and Skin Care Services
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(o) Department Stores
(q) Florists
(r) Office Supplies, Stationery, and Gift Stores
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(t) Pet Supply Stores
(u) Art Dealers
(v) Tobacco Stores
Ordinance No. 476 2
February 16, 2010
Section 835.03. Conditional Uses. ,
..., The
following shall be permitted within the RCH district, ubject to conditional use permit
approval, the specific requirements established in Section 838.5.08, the sanitary sewer usage
limitations set forth herein, and other applicable provisions of the city code:
(1) Conditional uses of the Commercial -Highway zoning district, as described in Section
838.1.03 of the city code, except the followin l shall not be allowed conditional uses:
(a) Car washes or auto detailing
(b) Day care facilities
(c)_Hospitals and inpatient services
(d) Hotels/Motels
(e) On -sale liquor establishments
(f) Restaurants
(g) Sports, health, and physical fitness clubs
(2) Outdoor recreational facilities su h as golf courses driving ranges, etc.
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(2) Animal Hospital (Veterinary Clinic)
(1) Tire and Battery Shops
(5) Clubs and Lodges
(6) Parcel Delivery
(7) Transit Station
(9) Drive In and Drive Thru (other)
(11) Day Nursery and Day Carc
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(- c) Wholes i o busit e s
(17) Television and Radio Station
(18) Off Sale Liquor Store
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(20) Essential Services
(23) Towing
Ordinance No. 476 3
February 16, 2010
(26) Driving Ranges
(27) Golf Courses
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(r) Mattresses
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Section 835.04. Accessory Uses. Within-ther-e alal'•oklinb Dist" t the ell -•
accessory uses shall be allowed The following accessory uses shall be permitted within the Rai
district subject to applicable provisions of the city code and provided such use is subordinate to
and associated with a permitted or conditional use:
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Ordinance No. 476
February 16, 2010
4
(1) Accessory Uses of the Commercial -Highway zoning district, as described in Section
838.1.04 of the city code, except the following shall not be an allowed accessory use:
(a) Outdoor dining and/or drinking areas
Section 835.05. Interim Uses. Within the RCH district, the following interim uses, if existing
prior to the effective date of this ordinance, shall be allowed without obtaining an interim use
permit until such time as the property is redeveloped. If an interim use is damaged or destroyed
b fire storm, or other hazard it may be reconstructed without obtaining an interim use permit, if
a building permit is applied for within 180 days of the event causing the damage. Expansion of
the use or improvement of the property in an amount greater than 50 percent of its current value
shall be permitted only by interim use permit.
�1) Single Family Detached Dwellings
Section 835.05-06. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage
Rate. The following minimum requirements shall be observed, subject to additional
requirements, exceptions and modifications set forth in other sections of this ordinance.
Subd. 1. Lot of Record: A lot of record, which existed on or before December 31, 1999
and has one or more of the following shall be considered buildable without requiring a
variance provided all other provisions of the ordinance are met.
(a) less than the required lot size, but more than 1 acre
(b) less than the required lot width
(c) less than the required lot depth
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Subd. 2 Minimum Lot Area: 20 acres. Additionally, each lot must contain 5 acres of
contiguous soils suitable for a standard individual on -site sewage disposal system as
defined in section 820.29 subd. 4(a) and subd. 5 in compliance with section 720
Individual Sewage Treatment Systems.
Subd. 3. Minimum Lot Width: 1 10 200 feet.
Subd. 4. Minimum Lot Depth: 200 feet.
Subd. 5. Minimum Front Yard Setback: 50 feet but at leas* ''- f et frem eside itia
di�rte�.
Ordinance No. 476 5
February 16, 2010
Subd. 6. Minimum Side Yard Setback: 20 feet, but at least 75 feet from any residential
Wit. If the lot is part of an integrated development, the interior side yard setback may
be reduced to 15 feet in order to accommodate shared use of loading dock circulation, fire
lanes or other site improvements, or to configure buildings in a way to screen loading
docks.
Subd. 7. Minimum Rear Yard Setback: /10 feet, but at least 75 feet from any residential
district. 30 feet.
Subd. 8. Corner Lots: Corner Lots shall have a front yard setback adjacent to all abutting
streets.
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Subd. 9. Commercial Setback from Residential: 100 feet, except as described in (b)
below.
(a) A required yard setback adjacent to or across a street from a residential zoning
district shall be increased to 100 feet and a landscape buffer which is 50 percent
opaque shall be required within the setback.
(b) This required yard setback may be reduced to 75 feet if a landscape buffer which is
70 percent opaque is planted within the setback.
Subd. 10. Commercial to Commercial Parking Lot Setback:
(a) Front Yard: Parking is allowed to encroach into the front yard setback except for the
25 feet adjacent to the front lot line.
(b) Side and Rear Yards: Parking is allowed to encroach into the side and rear yard
setbacks except for the first five 20 feet adjacent to the lot line.
(c) To accommodate shared or joint use of a parking lot which straddles a common lot
line between adjoining properties, the owners of such lots may submit a parking
plan to construct a shared parking area. In such instance, the adjoining yard
setback requirements may be waived if the parking lot otherwise meets the
requirements of the ordinance.
Subd. 11. Commercial to Residential Parking Lot Setback:
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fesideriees,75 feet, except as follows:
(1) This required yard setback may be reduced to 50 feet if a landscape buffer which is 70
percent opaque is planted within the setback.
(2) Fire lanes which are not utilized for traffic circulation on the parcel may encroach
within this yard setback.
Ordinance No. 476 6
February 16, 2010
Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard and
wetland setback or other required setbacks shall be used for building, or other use. No
impervious surface shall be located in any required setback except for approved
driveways, parking lot, walks, and trails approved by the City. When setback provisions
overlap, the most restrictive provision of both setbacks applies.
Subd. 13. Building Height: No building shall exceed 2 'h stories or 30 feet in height.
Subd. 14. Sanitary Sewer Usage Rate: No use may exceed a sanitary sewer usage rate of
100 gallons per day per net acre of land. For purposes of this subdivision, net acres
equals the total area of the lot, minus wetlands and open water. Not more than 50 percent
of the soils suitable for a standard on -site sewage disposal system on any site may be
disturbed or covered by hard surfaces. For purposes of this subdivision, a hard surface
includes any non -natural surface which is impervious to water, including but not limited
to buildings and paved or gravel -surfaced drives, walks and parking areas. The City may
require such documentation and testing as it deems appropriate in order to ensure
compliance with these standards, including requiring the installation and maintenance of a
water meter to measure daily maximum use.
Section 835.04 fr. Connection to Municinal Utilities When Available.
Property within the Rural Commercial Holding District is intended to for eventually inelusion
withif rho area served by municipal urban services. When municipal utility services become
available, All lots served by an individual on -site sewage disposal system and lots served by a
private well shall be required to
properly abandoned these systems and connect to municipal utility
services as described below.
Subd. 1. Single family dwellings and agricultural uses shall be required to connect to the
sanitary sewer system if there is failure of the individual on -site sewage disposal system.
Upon a change in the use of the property, the new use shall be required to connect to the
municipal utility service(s) available.
Subd. 2, Any use not described in Subd. 1 above shall be required to connect to the
municipal tility servi e( ) available when there is a change in the use of the property, a
failure of the individual on -site sewage disposal system or within one year of the date
municipal sanitary sewer or water service becomes available to the lot, whichever occurs
first.
Section 835.0- ka. Design and Development Standards.
Subd. 1. Generally. Design and development standards are established for this district to
achieve a high standard of development by providing assurance that land uses, buildings,
and functions are compatible within the district3 with the guided development to occur
within the district when municipal utilities are available, and with adjacent districts. The
plans and the proposed use of a property shall conform to the design and development
Ordinance No. 476 7
February 16, 2010
standards prior to approval of any permit. The applicant or owner shall supply data
necessary to demonstrate such conformance.
Subd. 2. The design and development standards for the Rural Commercial Holding District
are the same as those specified for the commercial districts, as described in Section 838.5
of the City Code. Urban Commercial District in Section 831.07 of the Code of
us listed in sections 835.02, 835.03 and 835.04.
Subd. 3. Property within the Rural Commercial Holding District has been identified for
more intensive development when municipal utilities are available in the future. As a
result, property shall be arranged and sites shall be designed so as to most efficiently
accommodate additional future development. The City Council shall have the right to
place conditions on any proposed development or deny a request within the RCH to
ensure consistency with this requirement.
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Ordinance No. 476 8
February 16, 2010
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Ordinance No. 476 9
February 16, 2010
SECTION II. The Medina code of ordinances is amended to add new section 835.2 et seq.
as follows:
835.2 - ZONING — RURAL BUSINESS HOLDING DISTRICT
Section 835.2.01. Purpose. The purpose of this district is to provide a zoning district which is
consistent with the area guided for business reserve in the city's comprehensive plan. The rural
business holding zone includes areas of the community lying outside of the area in which urban
services are currently available to business uses but which will be added to the urban service area
in the future. Development within the rural commercial holding district shall be limited in scale
until municipal utility services are available and shall be designed in a way to efficiently
accommodate additional development in the future and also designed to protect and enhance the
natural environment.
Section 835.2.02. Permitted Uses. Within the Rural Business Holding District the following
uses shall be permitted, subject to site plan approval, the sanitary sewer usage limitations set
forth herein, and other applicable provisions of the city code:
(1) Permitted uses of the Business Park zoning district, as described in Section 832.1.02 of
the city code, except the following shall not be permitted uses:
(a) Day care facilities
(b) Educational facilities
(c) Hospitals and inpatient services
(d) Hotels/Motels
(e) Laboratories
(f) Nursing homes, assisted living facilities, and similar uses
(g) Licensed residential facilities
(h) Religious institutions, conference halls, lodges, places of assembly, and other
similar uses
(i) Physical fitness clubs
(2) Agricultural Uses. The animal unit density standards as described in Subd. 8 of Section
826.25 shall apply to the production of livestock and the keeping of animals.
Section 835.2.03. Conditional Uses. The following shall be permitted within the RBH
district, subject to conditional use permit approval, the specific requirements established in
Section 832.3.09, the sanitary sewer usage limitations set forth herein, and other applicable
provisions of the city code:
(1) Conditional uses of the Business Park zoning district, as described in Section 832.1.03
of the city code, except the following shall not be allowed conditional uses:
(a) Day care facilities
Ordinance No. 476 10
February 16, 2010
(b) Educational facilities
(c) Hospitals and inpatient services
(d) Hotels/Motels
(e) Laboratories
(f) Nursing homes, assisted living facilities, and similar uses
(g) Licensed residential facilities
(h) Religious institutions, conference halls, lodges, places of assembly, and other
similar uses
(i) Physical fitness clubs
(2) Outdoor recreational facilities such as golf courses, driving ranges, etc.
Section 835.2.04. Accessory Uses. The following accessory uses shall be permitted within the
RBH district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(1) Accessory Uses of the Business Park zoning district, as described in Section 832.1.04
of the city code, except the following shall not be allowed accessory uses:
(a) Food service for employees and their guests
(b) Residential uses
Section 835.2.05. Interim Uses. Within the RBH district, the following interim uses, if existing
prior to the effective date of this ordinance, shall be allowed without obtaining an interim use
permit until such time as the property is redeveloped. If an interim use is damaged or destroyed
by fire, storm, or other hazard, it may be reconstructed without obtaining an interim use permit, if
a building permit is applied for within 180 days of the event causing the damage. Expansion of
the use or improvement of the property in an amount greater than 50 percent of its current value
shall be permitted only by interim use permit.
(1) Single Family Detached Dwellings
Section 835.2.06. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage
Rate. The following minimum requirements shall be observed, subject to additional
requirements, exceptions and modifications set forth in other sections of this ordinance.
Subd. 1. Lot of Record: A lot of record, which existed on or before December 31, 1999
and has one or more of the following shall be considered buildable without requiring a
variance provided all other provisions of the ordinance are met.
(a) less than the required lot size, but more than 1 acre
(b) less than the required lot width
(c) less than the required lot depth
Ordinance No. 476 11
February 16, 2010
Subd. 2 Minimum Lot Area: 20 acres. Additionally, each lot must contain 5 acres of
contiguous soils suitable for a standard individual on -site sewage disposal system as
defined in section 820.29 subd. 4(a) and subd. 5 in compliance with section 720
Individual Sewage Treatment Systems.
Subd. 3. Minimum Lot Width: 200 feet.
Subd. 4. Minimum Lot Depth: 200 feet.
Subd. 5. Minimum Front Yard Setback: 50 feet:
Subd. 6. Minimum Side Yard Setback: 30 feet.- If the lot is part of an integrated
development, the interior side yard setback may be reduced to 15 feet in order to
accommodate shared use of loading dock circulation, fire lanes or other site
improvements, or to configure buildings in a way to screen loading docks.
Subd. 7. Minimum Rear Yard Setback: 30 feet.
Subd. 8. Corner Lots: Corner Lots shall have a front yard setback adjacent to all abutting
streets.
Subd. 9. Commercial Setback from Residential: 100 feet, except as described in (b)
below.
(a) A required yard setback adjacent to or across a street from a residential zoning district
shall be increased to 100 feet and a landscape buffer which is 50 percent opaque
shall be required within the setback.
(b) This required yard setback may be reduced to 75 feet if a landscape buffer which is 70
percent opaque is planted within the setback.
Subd. 10. Commercial to Commercial Parking Lot Setback:
(a) Front Yard: Parking is allowed to encroach into the front yard setback except for the
35 feet adjacent to the front lot line.
(b) Side and Rear Yards: Parking is allowed to encroach into the side and rear yard
setbacks except for the first 20 feet adjacent to the lot line.
(c) To accommodate shared or joint use of a parking lot which straddles a common lot
line between adjoining properties, the owners of such lots may submit a parking
plan to construct a shared parking area. In such instance, the adjoining yard
setback requirements may be waived if the parking lot otherwise meets the
requirements of the ordinance.
Subd. 11. Commercial to Residential Parking Lot Setback: 75 feet, except as follows:
(a) This required yard setback may be reduced to 50 feet if a landscape buffer which is 70
percent opaque is planted within the setback.
Ordinance No. 476 12
February 16, 2010
(b) Fire lanes which are not utilized for traffic circulation on the parcel may encroach
within this yard setback.
Subd. 12. Limitations on Setbacks: No required front yard, side yard, rear yard and
wetland setback or other required setbacks shall be used for building, or other use. No
impervious surface shall be located in any required setback except for approved
driveways, parking lot, walks, and trails approved by the City. When setback provisions
overlap, the most restrictive provision of both setbacks applies.
Subd. 13. Building Height: No building shall exceed 2 '/2 stories or 30 feet in height.
Subd. 14. Sanitary Sewer Usage Rate: No use may exceed a sanitary sewer usage rate of
100 gallons per day per net acre of land. For purposes of this subdivision, net acres
equals the total area of the lot, minus wetlands and open water. Not more than 50 percent
of the soils suitable for a standard on -site sewage disposal system on any site may be
disturbed or covered by hard surfaces. For purposes of this subdivision, a hard surface
includes any non -natural surface which is impervious to water, including but not limited
to buildings and paved or gravel -surfaced drives, walks and parking areas. The City may
require such documentation and testing as it deems appropriate in order to ensure
compliance with these standards, including requiring the installation and maintenance of a
water meter to measure daily maximum use.
Section 835.2.07. Connection to Municipal Utilities When Available. Property within the
Rural Business Holding District is intended to eventually be served by municipal urban services.
When municipal utility services become available, lots served by an individual on -site sewage
disposal system and lots served by a private well shall be required to properly abandoned these
systems and connect to municipal utility services as described below.
Subd. 1. Single family dwellings and agricultural uses shall be required to connect to the
sanitary sewer system if there is failure of the individual on -site sewage disposal system.
Upon a change in the use of the property, the new use shall be required to connect to the
municipal utility service(s) available.
Subd. 2. Any use not described in Subd. 1 above shall be required to connect to the
municipal utility service(s) available when there is a change in the use of the property, a
failure of the individual on -site sewage disposal system or within one year of the date
municipal sanitary sewer or water service becomes available to the lot, whichever occurs
first.
Section 835.2.08. Design and Development Standards.
Subd. 1. Generally. Design and development standards are established for this district to
achieve a high standard of development by providing assurance that land uses, buildings,
and functions are compatible within the district, with the guided development to occur
within the district when municipal utilities are available, and with adjacent districts. The
Ordinance No. 476 13
February 16, 2010
plans and the proposed use of a property shall conform to the design and development
standards prior to approval of any permit. The applicant or owner shall supply data
necessary to demonstrate such conformance.
Subd. 2. The design and development standards for the Rural Business Holding District are
the same as those specified for the business districts, as described in Section 832.3 of the
City Code.
Subd. 3. Property within the Rural Business Holding District has been identified for more
intensive development when municipal utilities are available in the future. As a result,
property shall be arranged and sites shall be designed so as to most efficiently
accommodate additional future development. The City Council shall have the right to
place conditions on any proposed development or deny a request within the RBH to
ensure consistency with this requirement.
SECTION III. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 16th day of February, 2010.
T.M. Crosby, Jr., Mayor
ATTEST:
(t w i'/,-tA.t.,.
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 19t day of February, 2010.
Ordinance No. 476 14
February 16, 2010