HomeMy WebLinkAbout3. Review of Proposed Revisions to Zoning Ordinance . � � � � �
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TO: CITY COUNCIL
FRO141: MICHAEG Wt�7,NfAK, A1('P, CiTY PI,ANNF,R '
�ATE: MAY 9, 1989
SUBd: MAY 11, 1989 - SPECIAL C(lUNCIL MEETING REVIEW
PROPUSEU ZONING ORDINANCE - REVIEW & DISCUSSION SESSION
This meeting is the fourth in a series of Special Counci) Meeting set up io
revie�v the Proposed Zoning Ordinance. At this point Ehere has been �ne
additionat meeting scheduled for May 23rd at 6:30 p.m. At meetings on Apri1
12th and April 3Uth the Couneil rec•iewed and discussed a list af questions which
had been generated by Council Members. The purpose of this meeting is to
complete review and discussian of that list of questions.
With this review is enclosed another copy of lhe enlire 1'rst of questions (A}�ril
lith Review}. I have indicated an the list o[ questions that Council had
reviewe�i thraugh Ehe question �ertainin� t� Page 43. on page 4 af che April` t lth
Review. In the le£t haad margin on the list of questions I have indicated if any
chan�es have been made in the Proposed Zoning prdinance text based on
ciiscussian by the CounciL
Alsp included with this review is a package of repiacement sheets r��hich have
the ehanges whieh were ap�roveci by Cauncil at the previous review sessions.
CQuncil members shauld replace the appropriate pages in their .capy of the
Froposed �rdinance wiEh these amended sheets.
The Council shou(d keep in mind that when discussion of the Qrdinanee was
initiatec! at the March 30th S�ecial Gouncit Meeting, Staff identified seven malor
ehanges or issues which shnuld be evaluaEed. Enclosed with ihis review is a
copy of a re�sort dated March 3Oth, enlitied: AROPO5ED ZOMNf� ORDINANC'�-
MAJC)R f;HANGES/ISSUES. ()f the issueis or concerns idenlified Council has ncat
yet reached a conse»sus on lhe fc�lic�iving:
i. CR�ATIQN OF NEW UISTRICT DESIGNATION:
Lat Standards for RL District.
2. LANI)FILLS: Currcnt versican c�f Pro�osed Oxdisiance does nol per�ttit
landfills in any districl.
3. PItOVISIQNS PERTAiNtNG TU TNE REE;ULATIUN f)F BUILI)tNG
AESTHETICS/MATER[ALS: Tt has been questi�ned as Eo whether the
standards in the Prc�}��s�cl Urdina�nce are aclequate.
7. FERMITTEDUSESWITfiiNTHEC-INEIGHB()Rt�()(}i)CQAIMERCIAI�
DISTRiCT: C�uncit should reach a co►�sensus on just what uses
should be altowed in the G1 District.
�
There are i6 mare questions from the list to diseuss. The �rimary purpose of
this meeting is to discuss and draw conclusion on these questions. A secondaxy
purpose of the meeting is to further discuss questions which were discussed at
previous meetings but not resolved. -Lastly, Council shonid engage in discussion �
of the Major ChangeslIssues cited above. 1 and 3 from above are eavered in
the list of questions, but, 2 and 7 will require addtional discussion by Councit.
� �; . . . � � . . . � . . � � . . � � � . �
�ra: ci�rY eour�c�L
FR4M: MICHAEL WOZNIAK, CITY PLANNER, AtCP
UATF.: APRIL 7, 19$9
SUBJ: APRIL 11, 1989 - SPECIAL CUUNCiL MEETiNG REViEW
RROPOSED ZONING ORUtNANCF; REVIEW ANU t)ISGU55ION
The ('ity C:ouncil held its first Special (:ouncil Mceting tc� initiatc fvrmal revie�v �f
, the Pr�posed 2oning Ordinance on Fcbruary ]4, t989. At lhat meeting there was no ,
consensus af Council Members present as to what would he a logical time period (i.e.
number of ineetings) to adequately review the ordinance and reach a consensus.
Several of the items outlined in the Planner's Review for that meeting were
discussed at the meeting in general with no fina( conclusions being drawn. At Ehe
meeting Staff recommended lhat tlie City Counci) submit in writing for the nexk
reuiew session, questions and comrnents regarding any specific sections of the
ordinance where it is perceived there rnay he a problem, I have received tists of
questions, comments, and recommendatior�s from several Council Members and have
decided that it would be znost appropriate to spend this work session discussing
questions and comments which were sul�mitted by Council Members.
The remainder o[ this review includes a listing of questions regarding the Proposed
Zoning Ordinance which were generated by Council Members followed by answers �r
recommendations from City Staff.
Alsa t�eing copied to Councit is a review entitled PROPOSEn ZONING ORDTNANCE-
MAJOR CHANGES/ISSUES, which was previously distributed for the first review
session. Discussion of the issues addressed in this review was not campleted at the
Febrvary 14th raeeting and will be reinitiated by Staff.
COUNCIL QUEST[ONS & COMMENTS:
Page l, Section 2.1: Why axe we prornating transition fram rural to urban?
��� � '�`f � Staf[ comment; To acec�mmodate logical expansion of the originat viliage
Pur��St. 0� at comparable densrty; to accommodate residenliat developmenE eomparable
, PfoA1���y SQ�G to other third rin� metro communitics. Tc� acc�mm�d�itc po}aulatiqn growth
E �� J while maintaining an adequate level of pubtic services inctuding prvvision
iC�er�t
, �dEJ��'ha.� : of public water and sewer. For exampie: restricting development to only
P � Rural Residential development is not environmentally sound (promotes
1ft�'1�C�$E' ��r�V�q�1;%e,� g�'ound water contamination} and is also not efficient from the persp�ctive
��5�� of initial eapital im�r�vements ex�enditures and long-term maintenancc of
public improvements.
Page 12.' Section 4.2 A.2: ()Id lan�uage required cambinatic�n if land is undcr same
ownership adjacent to lot in question - why nok kee�a that language?
�� Staff comment; If tot was legally divided a court would likely decide that
�hQ��� uniess there was environmental concerns which would }�reclude deveiopment
without endangering the pubtic health safety and welfare that demanding
}ot combination would be a taking of the prc�perty.
. , Proposed Zoning Ordinance - REVIEW & DISCUSS[QN
Special Council Meeting Review
April 1 i, 1989
Pa�e 13. Section 4.4: Item C from an ear[ier draft had been eliminated - "At(
Single-family Attached Develo}�ments which ha�=e condaminium ownership
�y tO ����� shail be permitted only by PUD. Why not keep that language? '
tV
Staff comment: City Atlorney advised lhis as k�eing unnecessary and
defeating the purpose ot having a distinct z4ning district far attached
housing (R-2 Single Famity Attached Residence District).
Page 13. Section 4.9 C: OIc1 language limited outdoor slorage to 2 Recreatic�nal
qddsd pfo,,,s,,,, �ehicles - why was this changed? Could we restrict �utdoor storage to
Q/1�t1 Q f����� Agriculture District?
✓
/Q'� ,L"'{0�'1� �,r ��, Staff Comment: The Planning Cummissic�n conctuded that many
h�meowncrs havc severat RV� (snawmobite, boat, ea�nper) �nd that it may
�s� �s����� not be acceptable tQ the }�ublic to limit ou[dor�r st�rage of RVs. Therc is
QA PI�„"M�SC�'� �aBiC to limiting oukd�c�r starage af RVs tc� rec��uce the a�pearance of
clutter in the resiciential disiricls. This matter warrants discussic�n by
City �ounciL
Page 14. Seetion 5.1: Should we use a di f ferent name o"r number for RE Distriet?
���t� � /�l.
fdW ,(�q�� ��,�4 jt Staff Comment: Staff recommends that the RE Residential Executive
���� �������,,C � Dislrict be renamed to the R-1 Low Density Sin&te Family Residential
� District.
Page lb. Section 4.I4: Shou(d any provisions be made for eampers of short stay?
�Q Cl�G ` Staff Comment: Staff is in agreemen[ thak it is not appropriate to atlow
� tents, RVs or any other type of temporary dwelling to be used in any
district unless other than in a developed campground.
Page 19. Section 6.1 B: Kennels and kee�ing of t�urbearing animals shou(d require
/+_��C�� more acreage (i.e., 20 acres).
W
�S Staff Commentc As City Pianner, 1 woald tend to agree that kee�ing of
I'')0't' _t furbearing animals should require more than five acres of land; however,
/�GQl.���[ hecause kennels are much more� prevalent an�fi since there is a gre��ter
N9 C�14��� demand far them, it may k�e unreasanable lc� reyuire a minimum of 2t? acres
for kenneis. Council sh�uld �iscuss lhis issue ancl reach a consensus.
V�t `
Page 31). Section 6.3 8.3. Shoul�l vcicri��ary clinics, k�n»cls and keeE�in� oC
[urbearing animal� hc atlt�wcci in thc Rural i2csidcncc Dislrict?
Staff Comment: As cilecl in eaxlier yuestic�n --- this should be cliscussecl
by CounciL
Page 24. Sectjon 6.7 A: Deletr (ast thre� �vc�rds in ��aragraph (end paragr<���h �vith ,
"c�p}�ortuitilics"j.
Pr°�°t� '
_t Staff Comment: Good iciea! We should nUt assume what the neeas of a
C.:/14''���' �'!4,{ contemporary family are.
�en n'l od4,
2
, , Proposed Zoning Ordinanee - REVIEW & DiSCUSSIt)N
Special Council Meeting Review
Aprtt 11, 1989
� Page 2S. Seetion 6.8 B: Langua�e from an earlier draft made reference to same
�����E� uses as R-3 District. Why was that language dropped? ShQuld there be
'� ����� � �G� � language placing conditions on RV storage similar la R-3 DistricE?
t�c.�, odc��d
��"iM (o,'� � St�ff Cc►mment: inctude 4, 6, 7, 9 and lt) from Section 6.7 B.
.
Page 3f3. Sectipn ?.l: Lot sizes for RE District should be larger --- 22,000 square
, foot minimum. Lot sizes for R-I District should also be targer -- 12,0(}Q-
�l /,� gt�CS�t,� 15,000 square foot minimurr►.
h4� h��' �eti� Staff Comment: Based upon prohihilive construclion cc�cts for
impravements, it woulcl not be }�racti-cal to require larger than 22,(10O
r�s�1���•- square foot minimum lot size in the RE Districi, It is at the discre[i�n of
� Council to raise the minimum lc�t size fram 18,000 to 22,OQO square feet in
�`4 �,��� the RE District. It would reduce maximum density and probabty help to
better meef the intent af the �istrict. The proposed iQ,000 square foot
. iot size minimum for t$e R-1 District matches our current standard and is
comparable ta requirements }'ound in mpst ather metro suburbs similar in
character to Rosemoun[. Raising mitt'rmqm lat size in the R-1 Distriet to
12,Q00 or 1S,OOp square feet could make it difficult for develo�ers in
Rosemount ta compele kvith developers in other eo�nmunities and would
raise the cast of housing in that Distriet. It is up to City Council to
evaluat� these irnplications.
/ Page 39. Section 7.2: The ordinance needs extra provisions tor "Gentral Business
Ul�/'lSeitVtd District" (i.e., plain rack faced block is inot aecegtable).
/ �l
/'�`(,� L.�4�lq� Staff Comment: Council �hould discuss this issue and give staff an
✓ indication of whaE is acceptable so that new pravisions c4uld be drafted.
Page 39. Section 7.2: Standards for accessvey buildings should be less stringent
��n��� ��lL east of Akron Avenue for buildings not for agricultural use. Maximum
square footage east of Akron Avenue - 2,400. Maximum square footage
�SGL �tW west of Akron Avenue - 1,2(?0.
p�� 7Q���• Staff Comment: This stanciard is rcastanahic �nci coulc� bc sct t�� with a
special overla� district.
Page 40. Seetion 7.2 A.S: Should first sentence regarding �refabricated metat '
��Q�� storage buildings also include RR District?
�adC, Staff Comment: Yes.
Page 41. Seetion ?.2 5.b: Remave b. -- use as bargaining chip as we currently do.
Remove d. -- does "clQsely matches" mean same color?
Cha+�c. �adt.
s,�� �f„ Staff Commentc Counci( should discuss whether or nc�t metal roofs present
a problem on accessory fi�ui(dings. The term "cic�sely ma[ches" refers to
�3�G�7C style, not color.
��r'�-�►lr �Q �ot
GPP� eart a� ,�kri� �+lC,,
.3
Proposed Zoning Ordinance - REVIEW & U[SCUSSION
. • Special Council Meeting Review
April 1 i, 19$9
Page 42. SeMion 7.2 A.5. (footnnte #l)r pocs this incan the total floc�r area nf aii
the aceessory buildings c�mhined? Is the c�m�arison t� ihe main f}�or
����� area of the principa! bnilding onty?
�Ej�` � Staff Comment: This fo�tnote is no longer needed because of language in
9�'t� �5,� Section 7.2 A.S. (�age 40) which places restrictions on square fo�ta�e af
accessory bnil�ings.
st�►p�o�cd .....-- ...�..�. .....,.. ,_,�„ ..�.., ,�..�., _,�, ,,_._, ,._.�„ ,�.,_., ._
l�s� � � �'
Pa e 43. Section 7.2 C.l,d: D��cs this allcyw ciccks tc� c�ncrc�.tch intc� y��rcl sclhacks?
Wh y?
Staft' Comment: I �tm unecrt.tin I�c�w tl�csc �rovisic>ns originatcd, i�ut �vill
have an answer at the mec�tin�.
Page 44. Section 7.2 C.l.f: H�w docs a l�alcony differ frU�n a deck?
Staff Comment: A balcony is generally canlileuered t'rom the wall �f a
structure without support uncierneath and is usuat#y smaller than a deck.
Page 47. Sect€on 8.1 H: Is the minimum parking required for a senior high school -
adequate?
Staff Comment: It is the intention oC staff lo consult with Inde�endent
School District 19b in order to better deEermine what the parking needs
for a high sehool are.
Page 51. Section 8.1 L.6: Should the rninimum of 3-112 feet be hi$her?
Staff Comment: The standard of 3-1f2 feet is based upan the height
needed to screen headlights from vehicles. Unless Council is interested in -
totally screening the view of vehicles it is not necessary to go higher.
For safety reasons it may be unwise to totally screen parking areas.
Fage 53. Section 8.3 B: Are minirnum plantings adequate?
Staff Comment: Proposed standards are comparabte to those used in n�any
other comraunities. However, some comrnunities have sophisticated
standards for type (species), size and placement of �andscape materials. If
it is the desire of Council, staff could draft a more detailed section
regarding tandscaping requirements.
Page 57. Section 9.1 C: For Natural Environment Waters, why did lot area
requirements �o frQm 40,OU0l20,OOQ to 1�3,00011$,�OO?
Staff Comment: The standaecl for minimum lot size (sewered) in the
Shore}and Overiay Regulatians i'or Natural Development Waters was
ckanged to 18,000 to canform to our Standard for the RE Diskrict. The
1$,000 square foot minimum was used for both water Cront lots and other
lots. If Couneil sees the need, this minirnum can be raised.
4
, , Proposed Zoning Ordinance - REYIEW & 1)ISCUSSION "
Special Councit Meeting Review
April ll, 19$9
Page 59. Section 9.1 F.S: Langua�e firc�m ' pre��ious draft required lhat al[
applications be suhmiltecl to DNR --- nc�v language only talks at�out
hearings. Why?
Stafi Comment; This language conforms with DNR - Sh�re}and
Regulations. The City has en forcement respc�nsibility for state deSignated
"Public Waters."
Page 67. Section i0.3 B.3: Adc1 ". . . . . al the discretion of C;ity Council.
Staff Corament: Enforcement responsibilities generally rest with City
Staff, however Councii may certainly remove this autharity from staff, if
desired.
t'siqc ?7, Serti�n 14.5 B: tihriulcl w� reqtiire �i�rmilti 1�� ptini�► :� tic�ilic I;�nk7
Staft' Camment: i wit) ctiscu�;s tl�is yucstion at ll�c mcciing.
Page 85. Section 15: Does this section allow for the City Council to have final say
in all matters?
StaCf Comment: Y�s.
Page 85. Section 15.2 G For Public Hearing notil'ication, distance sh�uld be
increased from 35Q feet to 1/4 mile in AG and RR Districts.
Staf€ Comment: This idea makes sense and should be considered by
Council.
Page 87. Seetion 16.2 G [s this in our otd c�rdinance?
Staff Commeat: Yes.
Pa�e ti7. Sectian 16.2 E: Why not a simpic majc�ri[y tt� approve r�ning change?
Staff Comment: Because of lhe potential significance of a zaning -
amendment, requiring a 2/3 vc�te tc� ap�rove is a safcguard to ensure tl�at
a clear consensus has been reached.
Could there be a tirne limit on new rezoning? If a developer has zoning
changed and then the projeet dies, eould the land then revert baek to the
zoning that it had before the developer asked [or the change? A time
limit might be set at two or three years. If no action on a project has
occurred, then the land would be rezoned back to it's original zoning.
StaEf Comment: Zoning changes cannot be conditional; however, t'c�unci!
may elect to apprave projects hy PUD which would include a deadline for
eonstruction staxt after w�hich the appxoval would no ionger be binding.
5
. � Proposed Zoning Ordinance - REVIEW & I)ISCUSSION
Special Council Meeting Review
April 11, 1989
Could there be an aulomalic waiting period on the rezaning of land that
wouid end when the developer actually eomes in with grading plans and
request permits to start a project?
St�ff Camment: Ycs. Cc>uncil could wilhhc�lcl rcix�ning un[i1 cc�nstrueti�n
is reacly tc� bcgin. This is a vcry good ictca, espccially for c�mmcrcial
projects or large residenlial prc�jccts.
Could there be signs posted on the land that was to be rezoned, notifying
anyone that saw them that the land was to be rezoned, and then listed
about when the rezoning hearing would be held? This would also mean
that a waiting period of up to thirty, sixty or more days before rezaning.
Staff Comment: Rezonings could be handled in this manner as is done in
other communities. This would slow the process and be more costly to the
developer. Council should discuss this n�ti�n and reach a consensus.
� .
i . � • � . . � . � - � . . . . . . . .. �
SECTION 1 NAME
Section l.l This cfrciin<<iicc shsill h� k�i�i�vn as: ('ity nl' RosNm�►tint
Zaning OrdinRnce excc�l �5 referreci t�► hertin as "this orciin�nce."
SECTIQN 2 PURP�SE
SECTION 2.1
It is the }�ur}��se of this c�rdinance to protect and promote puh}ic
healEh, safety anc# �encral wrlfarc, which m,�y hr mck thr«ti�;h tl�c
fo(lowing objeclivcs:
- To assist in the implementation �f the C'ity of Rosemount
Comprehensive Guide Plan u�on which this �rdinance is based.
- To promate the orderly developmeni and compatibility of residential,
commercial, industriai, agriculturat, recreatic�na( and pu(�lic uses.
- To promote the orderiy transition of rural lo urhan uses.
- To prevent the premature extension of City utilities and services.
-., To prevent overcrowding of the land and stsuctures.
� - To prevent congestion in public rights-of-way.
- To protect natural resourees in the City and promote reforestation
and the replacement of other replenishable resources.
- To promote agrieultural }�reservation.
- To promote a safe, effective pedestrian and vehicular circulatian
system.
SECTIQN 3 INTERPRETATION
SECTIDN 3.1 RULES OF CONSTRUCTIC?N
Clarification on the provisions of this ordinance or questions on the
procedures or applicability of this ordinance shonld be directed to the
Comrnunity Deuelopment Department or other City departments as may
be appropriate. Further clarification or intecpretation of this
ordinance shaU be accompiished according to the procedures set forth
in Seetion 8.2, �oard of Ap,geals and Adjnstments.
For addilional clarity and consistency in the understanding anci
application of this ordinance the foltowin� shall apply:
- Use of the masculine gender inclucies the feminine and neuler
genders unless otherwise specifically noted.
- Grammatical use or references made in the singular shalt include the
plural and the pluraf shall include the singu}ar, un}ess such use or
reference is otherwise speci[ically stated.
- Sentence eonstruction or phraseotogy in the present tenses, and
similarity, references in the future tense may inciude the preseat.
- The word "shall" is used to mean mandatory; whereas, the word
"may" is permissive and does not imply obligation.
- VVhenever in any zoning district a use is neither specifically all�wecl
nor specifically prohibitecl, the use shall be cansidered prohil�ited
untess the City Councii deterrnines that the �rc�posed ase is verv
similar to an alloweci use in which case the �ropc�sed use shal) Me
deemed allowed.
1
� HQme Occupation A gaimful oecupation cc>nductcd in a resideniiat
building whick is clearly secondary and incidental tc7 the prineipal
residential use of said building and generates no appreciable increase
in tra[fic at any time over that customarily assc�cialecl with a
residential nse, This occupation shall be carried on only by the
dwe}ling's accupants. there sha}I be no stock in trade stored Qn the
premises or over-the-counter retail sales.
�iomeowners As�ciation A community association, other than a
condominiurn association, which is organized in a developmeni in which
individual owners share common interesls in open space c�r facilities.
Hote! A building containing eight (8) or more guest rooms irr which
iadging is provided wiih or without meals for cornpensation and which
is open to transient or permanent guests or b�th, and where nc�
provision is made for cookin� in any guest rc�om, and in which ingress
and egress to and from ail rooms is made through an inside lahtay c�r
office supervised by a person in charge.
RecyelieQ�( peration An area where used, waste, discarded, or
saivaged materials are bought, sold, exchanged, stored, baled, cleaned,
paeked, disassembled or handled, including but not limited to scrap
iron, and other metals, paper, rags, bottles and lumber.
Junk�_V„ghiele The term "junked vehicie" means any vehicle, as
defined in this section, which does not have lawfutly affixed ar
attached thereEo am unexpired state registration ox license plat or
plates, or the condition of which is wrecked, dismantled, partially
dismantled, inoperative, abandoned or discarded.
Kennel Any lot or premises far the sale, boarding or breeding nf
dogs, cats ox other household pets. Kennel sha(1 mean three (3) or �
more animals over six (6} months of age.
Lot A separate parcel, tract, or area of land undivided by any pubiic
street or approved private xoad, which has been established by plat,
metes and bounds subdivision, or as otherwise perrnitted by law, an�l
which is accupied by oc intended to be developed for and ocCupied hy
a principal building or group of such bui}dings and accessory buildings,
or utilized for a prineipal use and uses accessory thereto, including
such open spaces and yards as are designed and arranged c�r re9uirec�
by this Ordinance for such building, use or development.
Lot Area The area of a horizontal ptane bounded by the frant, sicie
or rear lot lines, but not including any area occapied by ihe waters of
lakes or r�vers or by street rights-of-way. ,
Lo�, �,grner A lot which has at least two (2) contiguous sides
abutting upon a street for their full length.
Lot ,�,Qverase The percent of the tot covered �vith structures, paved
and ather impervious surfaces.
6
B. Single-family Attached Dwe!lin� without common open space or
shared facilities shall have FHA Party Wall, Maintenance or
comparable a�reements consistent with State StaiUtes.
SECTION d.5 ROqF-TOP MECHANICAI. SYST�MS
All oukside rooftop mechanical systems shall be completely screened
from public streets and "R" Districts.
' SECTION 4.6 REQUIRED YARDS AND OPEN SPACE
A. Rednction No yard or other open space shall be reduced in area
or dimension so as to make such yard or other open space less
than the minimum required by this ordinance. If the existing yard
or other open spaee as existing is less than the minimum required,
it shall not be further reduced, :
$, Relative ta ther�uildings No required yard or other open s}�ace
allocated to a building or dwelling group shall be used to satisfy
yard, other open space or minimum lot area requirements for any
other building.
SECTION 4.'7 STREET ACCESS REQUIRED
Every buiiding hereafter erected shall be located on a lot having
frontage on a publie street as defined herein.
SECTION 4.8 FRIVATE STREETS ANU UTILITIE:�
Alt streets and utilities not lacateci within a pul�lic right-oC-way must
be maintained by the owner.
SECTION 4.9 OUTDQUR STORAGE
Except as specifically authorized by this ordinance, all equipment,
merchandise, materials, supplies, unlicensed v�hicles, junk vehicles,
trash and junk, and fin.ished and semi-finished products shall be stored
within structnres as defined herein. This provision does not apply to
clothes line poles, lawn furniture, picnic tables and playground
eQuipment as associaEed with resideniial use.
}:�
A. �torin�;�r Parking ,lunked Vehiele Prohibited It is unlawful for
any person to park, store or leave any junked motor 'vehicie,
whether attended or not, upon any public or private property
within the City, or for any person, as an owner of or an oGcupant
having control of private property within the City to permit the
parking, storing or leaving of any junked vehicle upon such
private property, unless such junked vehicle is within an enclosed
building or structure lawfully situated upon private �raperty or is
so parked, stored or left upon private property lawfully zoned and
ap�rated as a junkyard.
B. Wao�,,,,dniies Wopdpil�s shall t�e mainkained in a neat, safe and
ordtrty fashion. They shall not be stored in the fr�nt yard or
nearer the front lot line than the prdncipal building or less than
five (S) feet from a lot line.
C. Recreation Vehicles RVs shal( not be stored outdoars in any but
the "AG" and "R" Uistricts. Within "R" Districls RVs shall not be
stored in the front yard or nearer the front tot iine than the
principa) building or less than five (5) feec frc�m a t�t line. RV
storage is limited to RVs owned by those residing on the premises.
D. Trash And Junk A11 solid waste material, dehris, refuse, garbage,
junk or similar material shatl be kept within tightly closed
containers designed for such purpose. The containers shall be
kept in an enclosed area between days of scheduled pickup.
SECTiON 4.10 ANIMALS
A. Kee�ng Ani�,nals The following animals may bc kepi in the City:
1, Domestic animals are an allowed use in all aoning districts.
2. Horses are an allowed use in all zoning districts provided:
a) The minimum Ic�t si-r,c is f'rvc (5) cares.
b) The number of horses does noi exeeed one (1) per two (2)
acres.
3. Farm anitnals are an allowecl use on �II farm property. Farn�
animals may n�t be confined in a �en, fce�l Ic�t or fiuildi���*
within one hundred (lOQ) feet of any residential dwelJing nat
owned or leased by the farmer.
4. Animals being kept as part of the Minnesota Zoological
Garden's or St. Paul Como �oo docent programs are an
alIowed use in all zoning districts. Befc�re suGh animals are
allowed, however, the participant in the pro�ram must notify
the City Clerk in writing of their partieipation in the program
and identi€y the animal being kept.
5. With the excepEion of animals all�wed by 4.3(? 1, 4.1� 2, 4.10 3
' and 4.10 4, no other animals are allowed. �
14
SECTION 5 ZONIN(; DISTRtCTS
SECTipN S.1 ESTABLISHMENT QF Ut5TRIGTS
Fac the purpose of this ordinanee, the City c>f R�semount, Minnesota,
is hereby divided into Ehe following zoning districts:
AG AGRICU[.TURAL Q1STRiCTS
AG•P AGRICUI.TURAL PRESERVE [?ISTRICTS
RR RURAL RESIDENTfAL DISTRICTS
RL LfJW DENSITY SINGLE FAMILY RESII?ENTIAL nISTRICTS
' R-1 SINGtE-FAMILY DETACHED RESIflENCE T11STRtCTS
R-2 SINGL�-FAMILY ATTACHED RESIIjENCE I)ISTRICT�
8^3 MUI.TIPLE-FAMILY RESIDENCE n[STRICTS
R-4 MU�TIPLE-FAMILY RESIDENCE DISTRICTS
C-1 NEIGHBURNQOI3 COMMERCIAL DISTRtCTS
C-2 CQMMUNITY CUMMERCIAL DISTRI�TS
C-3 HIGHWAY SERVtCE COMMERCIAL UISTRICTS
C-4 GENERAL COMMERCIAL DISTRICTS
IP INUUSTRIAL PARK �ISTRICTS
IG GENERAL iNllUSTRIAL DISTRICTS
P PUBLtC AND INSTITUTIONA[, DISTRIGTS
FW FLQOQWAY DISTR[CTS '
SECTION 5.2 ZUNiNG DISTRICTS MAP
The boundaries of these districts are hereby ciefined and established on
a map entitled "Zoning Map City of Rosemount, Minnesata," dated
o� , 198$, which map and alt ex�lanatory matter therean is
hereby rnade a part of ihis ordinance.
�ECTtON 5.3 [NTEitPRETATION OF ZnNtNC t)iSTRICTS MAP
Where uncertainty exists with respect to the boundaries of any
a�sc���cs ;na;�a��a on the Zoning Map, the faflc�wing rules shatt appty:
A. Boundaries indieated as a�praximately following the center tine of
streets or hig6ways shall he construed as fottowing the center
iines of said streets or highways.
B. Boundaries indicated as approximately f�llowing lot lines shall t�e
construed as following such lat lines.
C. Boundaries indicated as approximately following City boundary
lines shall be consirued as following such 6oundaries.
D. Boundaries indicated as approximately fatlowing railroad lines shall
be construed to be midway between the main tracks.
E. Boundaries indicatcd as �}�proximately �aralicl tc> the center lines
of streets nr highways shail be construecl as heing pardile) lherelo
and at such distance [herefrom as indicated an the official Zoning
Map. If no distance is given, such dimensian shatl be determined
by the use of the scale shown on the officiai Zoning Ma�.
17
B. Uses Permitted By Ri�hts Ali uses }�ermitted in Seclion fi.l B.
subject tb subject tt� sile climensional standards eslablished hv
Section 7.1 and ihe City's minimum requirement for on-site sewer
systems
SEt;Ttt)N b.3 fiR ltU1tAL ItF.511)EN7'lAL 1►1STIt1(;.f'
A. Purpose And Intent It is the �urpose of this district to �rovide
[or a large !ot rural residential lifestyle which is separate from
and not in conflict with commercial agricultural activities. Within
these districts, public sewer and water systems are n�t availahlc
and on-site systems shalt meet thr City's minimum requirements.
B. Uses Permitted Bv R�ghts
L in 1 -f mil dc aehed dwellin s ancl accessc�ry slructures.
2. Pubiic and institutic�nal uses required by the residenl
popnlation.
3. Veterinary clinics kennels and the keepin� of horses and
� furbearing animals subject to the restrictions established in
. Section 6,1 BS above. ,
4. C mmercial horse stables on not less than twenty (20) acres
provided a!1 structures shall be located a minimum of seventy-
five (?5) feet from all residential property lines.
S. $�g�ers The leasing of rooms ta not more thaa two roomers
provided no signs are displayed, the rooms are noE equipped
with kitchen facilities of any kind and one on-site parking
space is provided for each roomer in addition to the minimurn
number required i'or the residence.
6. Private Non-�ammercial Recreation customarily associated with
a residence and including such uses as tennis courts, swimming
pools and cabanas provided they are located no nearer the
front lot line than the principal structure and are not less
than ten {lU) feet from a property line. Swimming pools shall
comply wi#h Section 5-3-] 01' thc Rosemc�unt City Code.
7. Home occu„� i nc subject to requirements estabIished in
Section 4.16 of this Ordinance.
SECTION 6.4 RL LOW DENSITY SINGLE FAMILY RESIDENTIAL
DISTRiCT
E1• P,�,r ose And In�ent The purpose of this district is to allow low
density residential deueloprnent within the Metropolitan Urban
Serviee Area while minirnizing negative environmental impacts on
areas with greatest physical amenities (rolling topography, forest,
water bodies). The 18,000 square foot minimun� tvt size will
accommodate larger homes than the R-1 (10,00Q square faot lc�t
si�e) District, will mandate inereased strueture separation and will
allow for more seleciive siting of hornes. �
20
6) f'rivatety owned utilities shall bc designecl and
c�nstrucicci in mc�ct il�c minimurn S�icriCic��lir�n5 ��f thc
Minncst�t.� UcF�artntent ��I' hc��lll� anc� tt�c MinncscNa
I'c>tl��tioa� ('untrul A�cney.
7) Private strecls shall &c con�tructcd tc� meet minirnum
City specifications and sha(1 be paved to a minimum
width of thirty-two (32) feei where on-street parking
is permitted. Where parking is permitted on one side
only and signs are posted, the minimum street width
shall be twenty-four (24) feet.
8) The City Council shall determine whether streets and
utilities in conciominium style manufactured home parks
may be publicly owned and maintained.
9) Alt manufactured home parks shall be designed with a
minimum of two (2) access points on �ublic
thoroughfares, providirrg fult ingress and egress at each
location.
lp) Each manufactured home park shall provide a storm
• shelter or shelters of sufficienk capaciEy t� safely �
protecl atl of the residents of the park in case of a
storm emergency. In lieu thereof, the Planning
Cornmission may approve basement shelters within each
unit provided the minimum standards for safety arc
assured.
Il) The autd�or stor�gc of rccrcatic�n vehicles shal) nc�t t�c
permitted except as provided for in the R-3 District.
Refer to Section 6.7 B1.0.
SECTION 6.7 R-3 MULTIPLE-FAMILY RESIUENCE DISTRICT
A. Purpose And Intent This is a medium to high density residential
district which is intended to be lacated within car near the
Rosemount Central Business District (CBA} where streets and
utilities are suffieient in capacity to accommodate higher density
development and where sh�pping and recreationai facilities are
av,ailable within close walking or driving distance. Housing types
include such as apartments, eondorniniums and tpwnhouses. It is
intended that this Disirict provicle a blend of housing, recreation
and open spaee opportunities.
B. URes Perraitted Bv Ri�ht
1. Two-Family Dwellin��c, and accessory uses.
2. Multinle Family Dwelling;� Ataartments and accessory uses.
3. Pubtie an¢ Institutional Uses required by the resident
population.
4. Da -Care Centers Nvrsery �nd M4ntessc�,ri Schoals lieensed by
the State of Minnesota.
5. Residential Faciliti� licensed by the 5tate c�f Minnesota for
sixteen (16) or fewer persons.
6. N rsin�, Retir�.ment and Boardin� Hom,�s. �
24
4, Residential Faeilities licensed by the Staie of Minnesata far
sixteen (16) or fewer persons.
5. Nursing Retirement and Boardin�Home�.
6. Private Non-Commerciat Recrea�ian customarily associated with
a multiple-family and including such uses as swimming pools,
tennis courts, cabanas, community recreation buildings, etc.,
pravided they are located no nearer the front lot line than
the principa( s[ructure and are set ba�ck from lot lines the
distance r�quired far aecessory struetures (refer tc� Seetion 7.2
A). Swimming pools shall comply with Section 5-3-1 of the
• Rosemount City Cade.
SECTION 6.9 C-1 NEIGHBORNQOD COMMERCIAL DISTRICT
A. Purp�►se_And Intent Neighhorhood Centers are intended to be
smal! highly specialized retail eenters which provide canvenience
retail shopping goods and personal services to a su#�-area of the
community. Uses are generally those neec�ed by families on a day-
to-day basis or at intervals of a week or less.
B. Uses Perrnftt Bv R�ht '
1. c'anvenience Retail Esta lishments inclu�ing ases such as small
food, drug and har�iware stores but exeluc�ing videa and game
machines.
2. �onvenience Personal Service Establishrnents including Goin-
operated laundry, beauty and barber shops, but excluding
eating and drinking estahiishmen[s.
�. I?av-Care Ce�,s„�r�nd Nursery an� Montessg,ri Schoc�lc.
4. ��ie and Ine ;r ��,Znal tices an,� Se,�,yice,� required by the
resident and working papulation.
5. Agcg� rv Apartment� within the principal building pr4videc�
one parking space per unit is provid"ed in addition to the
parking required for the principal use.
6. Laund�,y Services provided such establishments shail have a
retail outlet on the premises.
7. �e1f-Service �t�line and Fuel St�,,ions Conv�nience S ore
Motor Fuel S��t,'�,�n including accessc�ry car washes subjeet l�
the following restrictic�ns:
a. Except for gas pum�s, all o�erations shall be conducted
within the principal building.
b. Where abutting an "R" District, a screen walt or fence
five (5} feet in height and having 90% opacity shall be
required along the common property line between the
uses. Said fence shall be properly maintained by the
owner or lessee.
e. Parking and maneuvering areas shall be paved and curbs
six (6) inches above grade shall be �rovided n� less than
26 �
\!�lfl�r�• �Jir� �lcJ /;�c7` /tiyrv'✓i ��cf%rt. )f 1 LC.•�
�
B. Uses Permitted By Ri�ht
1, Asnhalt. Cemen� and Concrete Prodpctign.
2. Ma�nufacturin�, Warehousin„g. Wh lo esaling Distribution
�'rocessin�, Fackagin� Asseml�l,y, Cora„�ounding and Acce�.,,s,Qrv
�� ,
3. Motor Freight Terminals.
4. Public an� Institulion� Uses and Servic� rcquired by the
resident and working population.
5. Refinerv and SEora.ge of crude oit, refined oil, alcahol and
other liquids and including fertilizer storage.
6. Related and Supnort Office and Commercial Uses provided they
are located within the same structure as the principai use.
7. Minerat Extraction. Su6ject to requirements of Seetian 14.8.
$, Rec}L�l�,g�,�grations. Subject ta requirements of 14.9,
C. t S Per��tt �Y PLip All uses required to use PUD by Section
b.12 C.
SECTION 6.15 P PUBLIC AND INSTITUT[fJNAL t)[STRICT
� A. �urnose And Intent This district is prirnarily intended to -
accommodate major pubtic and institutional uses of a
governmental, educational, cultural, re�reational, public service and
health care nature that serve the entire community. Where
avaitable, structures shall be serviced by 'the public sewer and
water systems.
B• Uses Permitte� $� Rieht All public and institutional uses,
facilities and structures.
SECTIQN 6,16 FW FL�t)1)WAY 1)1STRICT
A. era,�..�r�visions
i. Lands to which this Sectian Applies This section shalt apply
to all lands within the jurisdiction of Ra�emount shown c�n the
C?fficial Zoning Map as being located within the boundaries of
[he Floc�dway Districts.
33
SECTION 7.2 SUPPLEMENTARY REGULATIONS
A. Buildi�l�.�'vR.� sad Gon�t�� tion:
1. General Provi�ions
a. No galvanized or un€inished steel, galvalutn or unfinished
aluminum buildings (watis or roc�fs), except those
specifically intended to have a corrosive designed finish
snch as eorten steel shall be permitted in any zoning
district, except in association with farniing activities.
b. Buildings in all zoning districts shall maintain a high
standard of architectarai and aesthetie compat�biliEy with
surrounding properties to insure that they will not
adversely impact the property values of the abuttin�
properties or adversely impact the community's public
healEh, safety and generai welfare.
c. Exterior building finishes shatl c�nsisk of materials
comparable in grade and qualitv to the following:
1) Brick
2j Naturai stone
3) Deeorative conerete block - "Rock-face", "Break-away"
ar other types of decorative black
4) Cast in place concrete or �reeast cc�ncre�e panels
5} Wood, pravided the surfaces are finished f�r exterior
use and wood of proven exterior durability is used,
such as ced�r, redwc�c�d, cypress.
b) Curtain wall panels of steet, [i(�erglasss and aluminum
(nonstructural, nonload bearing), proviaed such panels
are factory fabricated and finished with a durable
nonfade surface and their fasteners are of a corrosion
resistant design.
7} Glass curtain wall panels
8) Stuceo
2. Commer�ial Di�Cric�„�� 1 C 2 �'�, � 41 In Commercial
Districts all buildings wit�► exieric�r finish of curtain wall
' panels of finished ste�ef, aluminum or fiberglass shall be
required to be faced with brick, decorative t�lock, woc�d, st�ne, �
architeetural c�ncrete cast in place or preca�t concrete panels
on one hundred {1Q�) percent of wall surfaces abutting a
public right-of-way, residential uses or public areas. The
required wall surface treatment on the remaining watls may
allow a maximum af fifty (50) percent of the metal or
fiberglass watl to r�emain exposed if it is coordinated into the
architectural design. Any meial finish used in the building
shall be a minimum of twenty-six {2b) guage steeL
3. I�di�strial Park District � PRK,� In the Industrial Park
District all buildings with an exterior finish of curtain wall
panels of finished steel, aluminum or fibergtass shall be
required to faee «ith briek, decorative block; ��ood, stone,
39
architectural concrete cast in place or precast c�ncrete panels
on at least fifty (5�) percent c►f ail wa{1 surfaces. Any metat
finish used in the building shall be a minimum of twenty-six
{26) guage sEeel.
4. General Industrial Distriet It is aknowledged ihat the usc�
permitted in the General industria( District suggest larger and
more extensive uses than in other districts. In the General
Industrial District ali building up to 100,OQ0 square feet of
floor area in size c�nstructed with exterior finish of curtain
wall panels of finisheci sleel, aluminum or [iberglass sha(t be
reyvired to �ie fifty (SO) }�ercent faced with brick, decorative
block, wood, sE�ne, architectural ec�ncrete cast in place or
precast concrete panels on wali surfaees abutting a public
right-of-way, residential uses or public areas. The required
wall surface treatment on the remaining walls may allow a
maximum oE seventy-five (75) percent of the metal or
fiberglass wall to remain exposed. Buildings nver tt}Q,�OO
sc�uare t'cct r�f flc�c►r arr.� sh.tlf he revicwrd ��ncicr 1'lanncc) tlnil
l�eve(npn�enl (PL)D) rec�uircmcnts. Any met�l t�sec) in the
builclin� shall #�r a mini�aium vf lwcnty-six (2G) �;ua�c stccl.
5. Sin¢le €amily Dwellin� Requirements All single famity
detached dwellings shall be constructed according to the
following minimnm standards.
a. All dwellings shall have a minimum widtfi of twenty-four
(24} feet.
b. All dwellings shall have a frost-free foundation as defined
by the applicable building code. Split level, sptit entry
and earth sheltered hornes shall be considered to comply
with this requirement.
c. Main roofs shall have a minimum pitch of 3:12 p�r
definition of the applicable buitding code.
d. Roofs shail be shingled with asphalt, wc�od, tiles, sod or
other comparah(e materials as approved by the applieatsle
bnilding co�le.
e. Metal sic�ing, r�vith exposed panels exceeding sixteen {16)
inches in width, shall not be permitted.
T. Earth sheltered homes wilt be permitted on the basis of
site conditions, which are conduciue to such housing, or
in areas where changes tc� exisiin�; site c�nditions arc
complimentary to the site and adjacent properties and the
existing character of property and structures in khe axea.
6. Accessorv Buildin�� Maximum area permilted for prefabricated
metal storage builc�ings in R-1., R-2 , RL, RR and AG (under
20 acres and or for non agricuitural use/west of Akron
Avenue) Dis#ricts is 120 square feeE. Maximum agregate tota[
for any accessory buitding(s) in R-i, R-2 and RL Districts is
1,000 square feet excluding attached garage footing; and in
the RR or A (under 20 acres and/c�r f�3r n�n agricuitural
use/west o€ Aicron Avenuej Districts is 1,2Q0 square feet,
40
excluding attached garage footage. Any accessory building in
R-1, R-2, RL, RR or AU (under 20 acres and/or Eor non
agricultural use/west �f Akron Avenue) Districts over 150
square feet must be constructed of materials camparable with
. and complimentary to .principal structure. Comparable
' treatrnent includes the following requirements: �
a. A minimum 3:i2 roo€ pitch.
b. Roofs shati be shingle�i with as�halt, w��ci Qr tile tc�
match the home.
c. Adequate nurnher of winc�ows shal) be provided to break
up the sotid plane or exterior walls ta simulate the
character of the home.
d. Siding which is identical or closely matches the home
shalt be incor�orated in the design of the accessory
buiiding.
Accessory buildings to be eonstructed in the A (Agricuiture or
AG-P (Agricultural Preserves) Districts east of Akron Avenue
are limited Co a maximum aggregate t�tal of 2�U0 square feet
of area for properties under 20 acres in size or if the building
is (or non agricultural use.
41
DIMENSIC)NAL STANDARDS �
F4 R
ACC°ESSORY BUILDINGS
AND
SURFACE FARKING
Accessc�ry Build�ngst Surface Parking
i4�inimam YardsfFt ) Max.Bldg. Minimum Yards,�FtJ
�_!�'� Fron ,�i,�g Rear Ht. ft Frant S�„ide Rear
AG 50 30 30 75 503 34 54
AG-P 50 30 30 75 503 54 54
RR 44 30� 30 35 403 54 S4
RE 30 15 15/306 18 303 54 54
R-1 302 10� 5/306 18 3p3 ip4 lp`�
R-2(2F) 302 10� S/306 18 303 54 54
(3+F) 302 10� 10 18 34 10 10
R-3 3flZ lU7 10 18 30 24 14
R-4 S0�` 10� 10 18 30 10 10
C-� 18 ?0 10 10
C'� 18 N/A N/A N/A
C-3 SAME 25 20 10 10
�'4 AS ?5 20 1� 14
IP Fi)R 40 20 15 15
jG FRINCIPAL 7S 4p 25 Sp
p BUtLt�l�GS 40 �Q 20 ?0
F� i+1/A N/A N/A N7A
lOr thc Required Front Yard as may be prescribed by
Section 7.2G,Estabtished Front Yards,
2Except parking may oecur within a narmal driveway
that crpsses a required yard.
3Driveways shall comply with yard requirements fvr
surface parking.
425-foot minimum where a garage faces and is entered
diractiy from a street.
SUnder 120 square foot R-1. R-2 5-foot seEhack: RE 15-
foot setback; except doubie frontage or carner lots.
34-foot setback. Over 150 square feet - 30-foot
setb�ck.
6See Section 7.? C2a and 7.2 C2b.
42
B. Suuqlementary Heisht Re�ulations
1. Permitted Exce�, �ons. The [ottowing structural appurtenances
shall be permiited to a height not tv exceed twenty-five (25)
feet in addition to the maximum height permitted for Lhe
district provided they do nc�t impair the solar ae�ess of
buildings on adjaining properties and are not used for human
oceupancy or commercial enterprise.
a. lrnamentation such as church spires, k�elfries, bell towers,
cupatas, domes, monuments and Flagpoles.
b. �biecha�ic,��Al2tt�!'1�.1'�� sueh as 5c�lar cc�Ilecf�r5,
chimneys, smoke stacks, etevator and stairwell penthouses,
' �ntennas, tran&mission towers ��nd other necessary
structures.
C. �up�l�mentary Yard lte�ulation�
1. Permitted Yard Encroachments. No yard or required ca�cn
spaee shall be so reduced in area or dimension so as to make
any such area or dimension less than required by this
ordinance. If already less than the minimum required, a yard
shall not be further reduced. The following encroachments
int4 required yaxds shall be perrnitted:
a, Special Structural Etemen#s attached to lhe principal
building such as ehimneys, solar cotlectors, flues, belt
courses, sills, pilasters, lintets, ornamental features,
cornices, eaves and gutters provided they do not extend
more than 2-i<2 feet into a yard.
b. Xard Li�hts in "R" Districts not closer ihan five {5) feet '
to the front lot line and lights in ail distriets for
illuminating parking areas, loading areas or yards for
safety and security purposes provided the direct source of
light is not visible from the public righ[-.of-way or
adjaecnt residcntia) �roperty.
c. Plantine and ��rna�tenka! ianclsc.��ic fc.atures.
ci. Tcreaccs, steps decks,^ uncc�ucrcc� .��orche� and natic>s
wi[hin side and rear yards and one-6alf of the front yard
at the same level as the height of the ground itoor level
of the principat building provided as f411ows:
1} The highest elevation shall not exceed a height c>i'
three (3} feet a6�ve the ground at the grc�und flcac�r
tevel.
2) No portion of the decked or paved area is clQser than
two (5) feet to any lot line. .
43
F. lnspeetions The City may ins�ect all excavatiun siles where an
extsactian permit has been issued. The aperated or owner of any
excavation operation found in violalion �t' fhe requirements of this
ordinance or its extractian }�ermit shall remedy such violations
with�n the time specified by written notice from the City.
G. �pration of Extra��,g�Perm� The excavation license shall run
from January 1 through Decemt�er 31 nf the same year or for a
lesser period of time as the Couneit may specify at the time of
issuance of ihe extraetion permit. If lhe exlracti�n permit is tc�
rnn for tess than a fu(l year, the fee, st�all be prorated as
determined by the CounciL
H. Extractip�;Pe�mit k'ee The applicant or owner af lhe premises an
which the excavatiQn operation is located shall annuatly submit to
the Councit written estimates of:
1. The total area of the mineral extraction operation (expressed
in acres) to k�e actively mined during Ehe F�rthcc�ming year;
and
2. The total area for which an extractian permit permitting
minerat extraction operations has been gxanted (expressed in
acres) which wiii not be actively mined in the farthcoming
year.
The Council shall, by Resalution, establish an annual per acre permit
fee.
I. Surety Bond The C�uncil shall require the appticant �r c�wner ot
the premises on which the excavation ��erati�n is iocated to pc�st
a surety bond with �� surcty acceplabtc t� the City, cash cscrow
or letEer o[ credit ("security") in an amc�unt determined t�y thc
City Couneil, runnin� to khe City, conditioned to pay the City the
extraordinary cost and expense of repairing any streets where
sueh repair work is rnade necessary by the special hurden resulting
!'ram hauling and travel, and removin� material frc�m any pit c�r
excavation, and conducting rec�uired rehahiTit�tion anci c�nditi�ned
further to comply with all the requirements �f this orciinance anci
the parlicular extraction permit, and tc> }��iy any expcntc ll�c C`ity
may incur by reason of doing anything required to be done t�y any
applicant ta whom a permit is issued. The seeurity shall remain
in full force and effect for a minirnum period of one (1) year
after expiration of the extraction permit to guarantee the required
rehabilitation as well as the other requirements herein pravided.
SECTION 14.9 RE�CYCLING UPERATIQNS
A. Permit Receuired It shall be unlawfut for any person, firm vr
corporation to establish or expand, in any way, a recycling
operation without [irst receiving a permit from the City. Such
�ermit may only t�e issued in a zoning district where such use is
listed as a permiteed use.
83
B. Permet Aoplication Requirements Appiication [or a �ermit shali he -
made in writing in the form specified hy lhe City and shall
coatain th� following infc�rmalion:
i. The correc[ legal ciescription of ihe land.
2. The name and address of the applicanl and the awner of lhe
land if different from the applieant.
3. Maps, photographs and surveys illustrating the relationship of
the site to Ehe community and surronnding properties and
existing site conditions ineluding vegetation, surface waters
.. and topography.
4. A description r�f the operation as regarcis the saies of parts
and the use of cutting, cpmpressing and packaging equipment. _
5. A site plan, ta scale, showing the Iocation and intended nse of
al} structures, storage areas, ciriveways, }�arking and
equipment.
C. Devetopmenf an 1 Qperatin�Stan ards
l. The site shall be a minirnum of five (5) acres in size.
2. A solid wall or fence at least eight (8) feet in height shall be
provided around the entire perimeter of the site to screen
said site from public sEreets and surrounding property. Such
fence shatl be of sound construction and shatt be properly
maintained.
3. All activities shall be con fined within the feneed-in area.
There shall be no staeking of matexial above the height of the
fence or wall except that equipment used an the siee may
exceed the wall or fence height. No equipment, material,
signs or lighting shalt be used or stored outside the fenced
area. There shall be no storage af materials within semi-
trailer units or other vehicles which would extend above the
height of the fence. _
4. All equipment used in industrial processes, inctuding that useci
for cutting, compressing or packaging, shali be within a
completely enclosed build'rng.
5. The feneed atea shall be set back at least two hundred (200}
feet from any street and the area within front or street side
yards shall be planted with trees, grass and shrubs in
accordance with Section 8.3.
6. Whenever fhe operation abuts an "R" District, a tra�nsition
strip of at least twa hundred (200) feet in width shall be
provided between the fenced area and the "R" District
boundary. Said transition strip shail be landscaped as
prescribed in 5. above,
D. Additional Reauirements The Ci[y may altach such additi�nat
conditions as may be reqnired to insure compliance with this
ordinance.
84
- . �rl�4RcN 3�, �f�d�
PROPOSEt) Z�NING QRDINANCE
MAJOR CHANGESlISSUES
Note: Misprint has shawn page 5 repeated on page 6 (nothing is missing)
L CREATION O�' NEW 1)iSTRi(;T DESIGNATIONS: The Pr�posed Zc�ning
�rdinance includes the following new Zoning District Designatic�ns:
RE Residential Executive I)istrict
R-Z Singte Famlly Attached Residenee District
R-3 Multiple•Farnity Residence Qistrict
R-4 Multipte.Family Residence District
C-4 General Commereiat District
Council Members sh�uld refer tc� Sec�ion 6 (pagcs 29-27) for compiete
descriptions of the new Zoning District Designations incor��rated into the
Proposed Zoning Ordinance.
RE RESIDENTIAL EXECUTtVE: As the description of purpose and intent of this
distriet (p.20) sug�ests, it is being praposed as a rneans of accommodating a
somewhat reduced density (approxirnately 2 units/acre} of sewered single family
residential devetoprnent. Th� inlent is te� capitalize on Rosemount's limited areas
of rolling topogra�hy and woaa�a iandsca�e by Iimiting the negalive impacts
eaused by development including tree caver loss and major earth moving which is
required far higher densiky development. It is recognized ihat lower density
develapment allowed under requirements of this district would not tQtally
mikigate the enuironmental impact o[ developrnent but would help ta rednce some
of the negatives. Another consideration is that the less dense development
provided for in the district would help promote the }�etcieved "small tc�wn"
character which has been expressed as being important to many citizens in
Rosemount, If Council Members refer to the dimensional ehart on page 38, the
lot size, setback and frontage requirements are indicated. The contrc�versy
associated with addition of this district to the Zoning Qrdinance is associated
with the fact that a prospective subdivider of i��a �ouia be limited to less
building iots than would be ali�wed on the same size parcel in the R-1 Singlc
Family Residential District which ha� a 1O,0�0 square fc�ot l�t siTe minimum with
an $Q' minimum frontage rcyuiremrnl. The RE District cucaulcl have an 1�3,t10O
square foot minimum lot size and }tU minimum frontage rec�uirement. Minimum
side yard setbacks would be 15' for the RE District to 10' for the R-1 District.
Atthough the difference in loi size and width standards is nat dramatic it does `
have im}�ortant implicatic�ns. Lots within the RE District would he ahlc tc�
accotnmc}ciale larger homes �n c��mes wilh thrce car garages; also, the larger !c>t
si�e wc�uld allow mc�re flcxibility in tl�r cxael litin�; c�f a hc�ntr on thc 1c�C. Tbe
tower ciensity wouid increasc devclapment ccrsts hrcause ol' the highcr
eonstruction costs per lot (m�re lincar feet of streets and utilities) and theref�re
would �uggest a higher setling �rice for lots. A consensus of the Planning
Commission agr�ed that Rosemoun! has accommQdate�i a high percenta�e a[
entry-Icvel (modestly priced) sin�le family housing in tl�e past and is continuiin�
to do so. It was agreed that ii is im��rtant to pr�mote alternative styles c�r
�rice ranges of housing [o accvmmociate the needs and ciesires c�f residents �r
prospective residenEs of dif[erent income brackets. In �articular it was noted
that littie has been offered in Rosemounf in the way of a step-up (moderately
prieed housing), A key aspeet of evaluating the use of the RE District will be
. 1. . . . . . . . � . . . . - � . �. . . .
deciding specifically which areas in Rosemnunt this Distriet sliould be uti}iTed.
In a separate action �rom the Zoning Ordinance review City Council would be
reqaired to autharize use o� this District in s}�eci fic areas which would be
specificaily designated in the City of Rosemvunt Comprehensive Guide Plan.
R-2 SiNGLE FAMILY-ATTACHED RESIDENCE DISTRIGT: In the current Zoning
Ordinance atl attached residential units (townhouses, twinhc�mes, apartment�,
condiminiums) must be deveioped within a sin�le district lhe RM Resi�icntial
Multigle Uistrict, The new ordinance creates a hierarachy a[ districts ta
aecommodate attached or multiple residential development. This hierarchy
inciudes the R=2, R-3, and R-4 Districts.
The R-2 District as defined on p. 22, allows attached single family dwellings at a
densiEy a up to six units per acre. Also recognized as an allowed use in this
district are manufactured home parks by Planned Unit �evelopment see Secti�n
6.6. The intent of this district is to allow slightly higher density residential use
as a transition between single family residential and high traffic volume streets
or higher intensity uses (commerciat or high density residential).
R-3 MULTIPLE-FAMILY RESIDENCE DISTRICT: As indicated on page 24, the
intent of this distrie# is ta accommodate higher density multiple residentiat
hausing in areas elose to shagping and recreational facili[ies. Housing ty�es
include apartments, condominiums, and tawnhouses.
R-4 MUGTIPLE-FAMILY REStDENCE DISTRICT: This exclusively high density
residential district is primarily intendec� to accommodale high risc apartments and
condos and senior cit'izens housing. It is the intent of the ordinanee that this
District be wi[hin or adjacent to th� Rosemount CBL3 to provide for maximum
convenience and accessiblity f�r residents. Density �f up to 40 units/acre is
allowed.
The City Council shoald remember that crealing this new hierarchy of Multi�le
ResidenEial Districts does not in and of it self open up new areas for Muttipie
Housing. It will taken separate action related to a speeific proposat for Council
to rezone specific parcels of prQperty.
C-4 GENERAL COMMERCIAL nISTRICT: Detailed in Seeii�n f.12 (�ages 29-30),
this district is inlendecl t� acc�mm�clate a t�road range U[ reEail goods and
services which serve the entire community. Though not exclusively, businesses
in this district are expected to be retatively free standing and Eending to oecupy
independent building sites. They would depend on good accessibility, high
visibility and re}atively large vvtumes of traffic and would therefore be f�und
along major streets. Currently South R�se Park is z�ned C-3 Highway Serviee
Commercial, since it is expeclec� that mucl� of this suhdivisic�n will be developcd '
for retail use there exists ihe potentiai fc�r incompatibility between the highway
and automobile oriented use ailowed in that dislrict ar�d the retail uses which
are being proposed. The purpose of creating the C-4 Commercial District is to
avoid this problem in the future by having a means of accommodating
[reestanding commercial uses which cannot practically be located within the
downtown ar�a (G2 Community Commercial pistrict), howeuer, which might n�t
$e ap}�ro�riately loeated within the C-3 DisFrict.
2. LANDFILLS: Because of ihe recenl �ro�osal for a [ndustrial Containment
Faciliiy from USPCI, the manner in which the City addresses the regulation
�f sanitary landfills has become an issue. The current draft nf the Propnsed
Zoning Ordinance which preciates any cantact with the City fr�m USFCI d�es
����t inciucic l�niifi#fs as :i �>�rrnillrcl tisr in thc Induslri�il �ittricts. I,ancifilJti
w�rc cxcludcc) as a �cr�nit[ed uti� in Ihc Indtislrial Dislricts fctr ntany rca�;pns
inclucling envirc�nm�nlal ec�tacerns an�l }yc�t�ntial impaets on pruperty ��alue:ti
and on the abiliEy to attract rnorc desirable uses. Because the Gity Cauncil
has approved a six month mc�ratorium on permitting �f landfi(Is and dicected
the City Planner to research the matter I will defer diseussing this matter at
length untit having researched appropriate measures for regulating such uses. �
Prior to acting on the F'rc�pcfsed Zoning Ordinance it will be important fc�r
Cily Council tc� examinc all issucs ��crlaining to whcthcr c�r not thc C.ily
shc�uld ehc�c>se to alte>w I.�r�clfitts c�r ��iecifir ty��e:� e?!' landfills (i.c. In�us(rial
(;c�ntainment Facilities).
3. PRQytSIONS PERTAINING TU THE REGULATION OF BUILDING
AESTHETIClMATE�2IALS: -
An important and somewhat controversial addition to the Proposed Zoning
Ordinace is found on pages 39-41 (Section 7.2 Supptementary Regutations), This
' section in general addresses building skandards regarding construction and
exterior materials for all districts and specifically places some new requirements
on buiidings constructed in the Commercial and Industrial Districts.
The (ieneral Provisions of this secti�n indicates that beyond t�eing required to
meet ali agplicable Buiiding Code requirements that the City requires a high
standard o€ architectural and aesthetic com�atibility fc�r huildings cc�nstructed in
all districts within the Cily. A lisl of acceptable materiats for exterior finishes
for buildings is provided.
Specific standards regarding the use of exteri�r ma[erials f�r huildings in
Commercial and Industrial Districls have been included (Section 72.2, 7.2.3, 7.2.4,
on page 39 & 40). The intent of these provisions is to preclude t}�e construction
of entirely metai or fibergtass sided buildings in these districts. In an effort t�
promote property values and improve aesthetic qualities o[ the City's Commercial
and Inctustrial areas it ha5 t�een C'ity pc�ticy, estahlished by precedent, not to
allow completely metal/fiberglass sided buildings. The purpc�se o€ these
provisions is to forrnalize this policy by translating it into defined and
enforceable standards. These provisions have been m�deled after similar
provisions in the City of Lakevil[e Zaning Ordinance hased upon recommendation
of the City Attorney. Although these provisions are rudimentary and do not
speci€ically address design ma[ters such as architectural style {ie historie period
or design details) they do pravide a basic frarnework to guarantee that a mix of
acceptable building materials will be used to face the exteri�r of commercial and
industria( buildings. The City Council andlor the Planning Commission depending
on the action required retain dicretion over the spec'rfic axehitectural details of
a project. -
Many prospective developers and building coniractors have argued the case for
the city to allow compfetely metal sided pre-engineered buildings. The
arguernents usuaily center around the idea that they re}�resent a eost effective
way tc� build low maintenance, energy efficients comrt�ercial or industriat
buildings. The City has consistently held t� the �olicy that using a mix of
exterior materials or alternative construetion techniques (i.e. }�reeast concrete
panets crr masonry) ean be accoita�3ished in a cost effeetive manner and
cantritautes greatly to the a�pearance �f new structures as well as setting a
standard which promotes c�rn�arabte consiruction on abutting properties.
4. SIGN PROVISIQNS:
Section lU of the Proposed 2,oning nrdinance (pages fi0-67) which delai}s
provisions regulating the use a[ s+gns generated considerable discussion by the
p]ann�ng Commission. Although it contains more detailed provisions the eontent
of fhis section remains very similar to the current zoning ordinance in intent.
A very important issu� is that the si�e and use of Bil}baards (off-premise
advertising signs) is tightly restricted. The largest signs $flowed under th�
ardinanee are 10Q square feet (l�' x 1ti'). The Planning C:ommission when
reuiewing these provisions allawed repxesentatives of Na��e1e Advertising tcf
present an arguement on behalf o[ allowing hillboards in Rosernount.
Representatives failed to convinee Ehe Planning Commission o[ the merits of
allowing billboar�is. I would note that there is a national movement to restrict
the use of billboards and even havens for of f-premise advertising signs such as
Hauston, TX, have chosen to ban or severely restrict their ,�se.
Anather impartant issue addressed in Section 10 is that the use c�f portable si�ns
(temporary) signs is restricted to a max�mum �°,ilow(, ort blecsignsd(someSwith
Councit is probabiy aware we have nume o y P
fiashing light�) being utilized within our commercial disiricts. These portabfe
si�ns are unsightly and I betieve significantly detraet from the appearance of the
City's �ommercial areas. The provisions o� the new ordinance will provide the
iegal means to cause most of these portable signs to be removed.
5. MI1'+TERAL EXTRACTICIN:
Section 14.8 (pages 78-83) of the Pro�osed Zoning Ordinance (Minerat Extraction)
provides much more detailed provisions regarding the regulatian of sand & gravel
mining.
' Two very imp�rtant aspects of the City's palicy regarding mining expresseci in
, this proposed ordinance are;
1. Sand and Gravet Mining is rr�hihited wcst of Akr�n Avenuc tc�
avc�id er�nflict with urhan develc�nment activities.
2. Sand & t`�ravei Minin�; is ��Nc>wcc) :�s a permiliccl usc bY pcnnit
only within the General Industrial District ralher than in ali
Induslriat Uistricis anJ lhe Agriculture Di~trict as is nc�w the
ease.
The Ptanning Commission recagni�ed that Sand and Gravel Mining is a difficutt
use to regulate and has the potential lo cause signficant disruption to the
landscape both in terms of environmental and aesthetie impact. The intenE of
l�miting where or under what circumstances Sand and Gravel Mining rr►ay occur is
considered a means of reducing the potential for environmental problems such as
soit erosion and sedimentation as well as avoiding what can be a major zoning
enforcement problem. The Planning Commission has recognized that within the
City lhere are currently three long term Sand and Gra�el Mining Operations
whieh encompass a total of 180 acees; also, the Ciry is currently considering a
proposat for another long-term �nining operation for an SQ acre site (BMt). It
was further reeognized by the Planning Commissian that if the need for local
sources of sand and gravel cannot be mex that the City always has the option of
changing this policy and atlowing mining to oceur in areas zoned Agriculture.
_ _ _ � _ _ _ _ ,
building which would not have the high overhead assac�ated ��ith development of
a new si[e. Another issue to consider is that there is currently one se}f-serve
gas/convenience store in the downt�wn (A�cc�) and two within South Rose Park
(Holiday & Tom Thumb). There is certainly nc� need fc�r aciditivnal devetopmenl
of this use in these areas. If a demand daes exist or wilt exist in the future it
will be in other areas of the City in high visibiiity, high traffic areas which are
canducive to serving our newly develo�ing neighborhoods. In cc�nsidering the
� Proposed Ordinance City C�uneil rnust consider the merits of including the means
of allowing self-serve gas/convenicnce stares in lhe C-1 District keeping in mind
that Council wouid still have to rezone new areas to accommodaEe develop of
this use.
Although it has not yet been addressed in the Proposed 2oning Ordinance, an
issue for Cauncil to consider is whether the faet that a variety of other
commercial uses beside self-serve gas/convenienee stores are allowed in the C-1
District eould lead to undesired competition with the Downtown {C-2 District)
and South Rose Park (C-3 District). As shawn in the Proposed Zoning nrdinance
the C-1 District is modeled closety after the provision of the current zoning
ordinance. I suggest that Council Members examin� the list of permitted uses in
the C-1 District (p. 26) and consider if it wo�ld be desirable to furiher limit the
types of c4mmercial uses which would be allowed in the C-1 District.