HomeMy WebLinkAbout1968-10 06-03 CCO CITY OF BROOKLYN CENTER
ORDINANCE NO. 68 -10
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
BY REPEALING THE AMENDED 1957 VERSION OF THE "ZONING ORDINANCE"
AND BY ADDING THE 1968 VERSION OF THE "ZONING ORDINANCE"
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 35 of the City Ordinances is hereby amended by the
repeal of the following:
(AN ORDINANCE AMENDING CHAPTER 35 OF THE ORDINANCES OF THE
VILLAGE OF BROOKLYN CENTER, SAID CHAPTER BEING KNOWN AS THE
ZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER)
( Section 35 -101. PURPOSE. This ordinance is being enacted in order to
protect and promote the public health, safety, and general welfare of the people
of Brooklyn Center. Specifically, the provisions are designed to achieve the
following objectives:
1. Adequate light, air and safety from fire for occupants of structures.
2. Conservation of the value of land and buildings.
3. A balanced tax base as between residential, commercial and
industrial uses.
4. Avoidance of business failures through improper location.
5. A minimum of congestion in the public streets.
6. Compatibility between different land uses.
7. Reasonable standards to which structures and uses shall conform.)
(Section 35 -110. LAND USES. Except as provided for in Section 35 -120,
no building or premises may hereafter be used or occupied within a given land
use district unless it is a permitted use in that district, or unless it is authorized
as a special use. Sections 35 -310, 315, 320, 325, 330, 340 and 350 give the
various permitted and special uses. Permitted uses are those which are more or
less compatible with each other in a given land use district. Special uses are
those which may be desirable for the public welfare in a given district, but which
have a potential incompatibility with the permitted uses.
Before a building or premise is devoted to any use classified as a special use by
this ordinance, a Special Use Permit must be granted by the Village Council.
Procedure for requesting a Special Use Permit is given in Section 35 -230.)
( Section 35 -111. VARIANCES. Where there are practical difficulties or
unnecessary hardships in the way of carrying out the strict letter of this ordinance,
the Council shall have the power to vary the requirements of this ordinance in
harmony with the general purpose and intent thereof so that the public health,
safety and general welfare may be secured and substantial justice done. Such
a variance does not constitute any change in the Zoning Ordinance or in a zoning
classification. It represents an exception to a specific provision of the
ordinance. Procedure for requesting a Variance is given in Section 35 -220.)
( Section 35 -120. NON - CONFORMING USES. The lawful use of any land
or building existing at the time of the adoption of this ordinance may be continued,
even if such use does not conform to the regulations of this ordinance, provided:
Section 35 -120 (continued)
1. No such non - conforming use of land shall be enlarged or
increased or occupy a greater area of land than that occupied
by such use at the time of the adoption of this ordinance.
2. Such non - conforming use shall not be moved to any other
part of the parcel of land upon which the same was conducted
at the time of the adoption of this ordinance.
3. A non - conforming use of a building existing at the time of
the adoption of this ordinance may be extended throughout
the building provided no structural alterations except those
required by ordinance, law or other regulations are made therein.
4. If such non - conforming use consists of a substantial building
and ceases for a continuous period of two years, any subse-
quent use of said building shall be in conformity to the use
regulations specified by this ordinance for the district in
which such building is located.
5. Any building which does not conform to the use in which it is
located shall not be rebuilt or reconstructed to its former
use and physical dimensions if damaged 60% or more by fire,
wind, earthquake or explosion according to the estimate of
the Building Inspector and approved by the Council.
6. Where there is a non - conforming use of land on a parcel
with no structure or where there is a non - conforming use
of land adjacent to a conforming structure (such as storage
of equipment and supplies), such use shall be terminated
within two years following adoption of this ordinance. )
( Section 35 -150. CERTIFICATE OF OCCUPANCY
1. RESIDENTIAL OCCUPANCY. No dwelling hereafter erected
or altered shall be occupied or used in whole or in part for any purpose what-
soever until a certificate shall have been issued by the Building Inspector
stating that the building complies with all the dwelling and health laws and
ordinances, and with the provisions of these regulations. No change of use
shall be made in any dwelling or part thereof now or hereafter erected or
altered, without a permit having been issued by the Building Inspector; and no
permit shall be issued to make such changes unless it is in conformity with
the provisions of this ordinance or amendments thereto hereafter duly enacted.
Nothing in this article shall prevent the continuance of the present lawful
occupancy or use of any existing dwelling except as may be necessary for
safety of life and property.
Certificates for residential occupancy and compliance shall be
applied for coincident with the application for a building permit and shall be
issued within ten days after the erection or alteration of such buildings shall
have been completed. A record of all certificates shall be kept on file in the
office of the Village Clerk and copies shall be furnished on request to any
I
11 3..111 -
Section 35-150 (continued)
1 .
person having a proprietary or tenancy interest in the building affected. A fee
of two dollars shall be charged for each original certificate and one dollar for
each copy thereof, which fees shall be collected by the Building Inspector and
by him paid over to the Village Clerk. No permit for excavation for the
erection of any building shall be issued before application has been made for
certificate of occupancy and compliance. No building or premises-may be occu-
pied until such certificate shall have been issued.
2. BUSINESS AND INDUSTRIAL OCCUPANCY. No person shall
enter upon or engage in any business activity in or upon any building, structure,,
or premises without first applying for and obtaining from the Building Inspector
an occupancy permit as hereinafter provided. Said application shall set forth
the applicant's name, address, position or capacity in the business, and the
exact location of the building or premises wherein said business is to be carried
on. The Application shall state with particularity the scope, nature, type and
extent of the business activity which the permit holder will engage in. No
permit shall be issued to any person for any business operation which would
violate the zoning, fire; health or other ordinances of the Village, or which
would violate arty State Law. The permit fee shall be ten dollars. The occupancy
permit shall be posted in a conspicuous place in the building structure, or
premises, and shall not be removed except by permission from the Building
Inspector. Upon the cessation of business activities by the holder of any
occupancy permit, said person shall imm6diately notify the Building Inspector of
such fact. A temporary occupancy permit may be issued by the Building Inspector
for the termporary occupancy and use of any building, structure, or premi"s, or
part thereof, prior to the completion of same and issuance of any occupancy
permit, provided such occupancy of use does not violate the zoning, fire,
health and other ordinances of the Village of Brooklyn Center. An occupancy
permit is non-transferable, and shall be valid only for the business, persOn,
building, premises, or structure named therein. All persons operating businesses
existing and doing business as of the effective date of this ordinance shall
obtain an occupancy permit within ninety days of said date. No fee shall be
required of persons applying for an occupancy permit for uses existing at the
time this ordinance was adopted. )
ADMINISTRATION AND PROCEDURE
(Section 35-201. PLANNING COMMISSION ESTABLISHED. A com-
mission shall be formed immediately after the adoption of this ordinance, to be
known as the Planning Commission of Brooklyn Center, to be composed of seven
members appointed by the Mayor of the Village and confirmed by a majority
vote of the Council. Each member must be a citizen and resident of Brooklyn
Center. The seven members shall be appointed as follows: Three members
shall be appointed at the beginning of 1954 to serve a term of two years or
until a successor is appointed. Four members shall be appointed at the beginning
of 1955 to serve a term of two years or until a successor is appointed. There-
after as the incumbents' terms expire, members shall be appointed for a term of
two years or until a successor is appointed. Additional appointments shall be
made at the beginning of 1954 so as to constitute a total of seven on the Planning
Re ift"s 6i
Section 35 -201 (continued)
Commission but these appointments shall expire so as to conform to the terms
hereinbefore set forth. The members of the board shall take the usual oath of
office, and the board shall appoint its own chairman and secretary, and may
provide its own rules of procedure, determine regular dates and time of meetings
to be held at lease once a month, and call public hearings. No member of the
board shall pass upon any question in which he is directly or indirectly inter-
ested. A member may be removed for cause by the Village Council upon written
charge and after a public hearing. Vacancies shall be filled by appointment, as
above provided, or until a successor is appointed.)
i
(Section 35 -202. DUTIES OF THE PLANNING COMMISSION.
1. APPEAL. The Planning Commission shall hear and review all
appeals from the ruling of the Building Inspector or other administrative office,
where an error in any order, regulation, decision or determination made by such
officer in enforcing this ordinance is alleged by any officer, department, board
or commission of Brooklyn Center, or any person or party affected.
2. PETITION FOR REZONING, VARIANCE OR SPECIAL USE PERMIT.
The Planning Commission shall hear and review all petitions to obtain rezoning,
a variance from the requirements of the ordinance, or a special land use permit,
and report its recommendation to the Village Council for action. - *e -tt-Et
3. FUTURE PLANNING AND DEVELOPMENTS. The Planning Commis.;;-
sion shall prepare and maintain comprehensive plans and maps for the future
development of the Village and make recommendations from time to time of such
changes as it deems necessary. Nothing herein shall prevent the Village Council
from initiating any proposal concerning comprehensive planning, zoning, platting,
and matters of general planning nature, provided, however, that any proposal
shall first be referred to the Planning Commission for public hearings and
recommendations. 't o- 23
4. REPORTS. The Planning Commission shall prepare all such
reports as the Council shall direct.)
(Section 35 -210. REZONING. The procedure for obtaining a change
in the zoning classification of specific properties shall be as follows;
1. The property owner proposing rezoning of his property, or
his authorized agent, shall fill out and submit to the
Village Clerk a "Zoning Form", copies of which are
available at the Village Hall, together with a fee of
$25.00 to be used for costs of processing the petition. is 6 &- �
2. The Village Clerk shall refer the petition to the Planning
Commission.8- �'3-6�
3. The petition shall be on the agenda of the Planning Commission
at its next regular meeting, but not earlier than ten days. This
meeting shall serve as the hearing on the petition.
i Section 35 -210 (continued)
4. Not less than seven days prior to date of the hearing, mailed
notice of such hearing shall be sent to the petitioner and to
property owners within 250 feet of the property in question.
S. The Planning Commission shall make its recommendations to
the Council not later than the next regular meeting of the
Planning Commission, following the date of the hearing.
6. The petition and report shall be placed on the agenda of the
Council at its next regular meeting following referral by
the Planning Commission.
7. The Council must take action on the petition within 30 days.
8. Notification shall be made of the Council's action.
9. All other amendments to the text of the Zoning Ordinance shall
be in accordance with State Statutes.)
(Section 35 -220. VARIANCES. The procedure for obtaining a variance
from the requirements of this ordinance shall be as follows: .
1. Petitioner shall fill out and submit to the Building Department
a "Zoning Form ", copies of which are available at the Village
Hall, together with a fee of $5.00.
2. The Building Department shall refer the petition to the Planning
Commission, together with its comments therein.
3. Notice of such hearing shall be mailed at least seven days in
advance of the hearing to the petitioner and the property owners
or occupants of all property within 150 feet (including streets)
of the property in question. Failure of any property owner or
occupants to receive such notice shall not invalidate the
proceedings hereunder.
4. The Planning Commission shall consider the petition at its next
regular meeting, but not earlier than seven days.
S. The petitioner or his representative shall appear before the
Planning Commission at the time and place stated in such
notice, in order to answer questions concerning the proposed
variance.
6. The petition and report of the Planning Commission shall be placed
on the agenda of the Council at its next regular meeting following
referral from the Planning Commission.
Section 35 -220 (Continued)
7. The Council must take action on the petition within 60 days
after receiving the reports of the Planning Commission. If
it grants the variance, the Council may impose conditions it
considers necessary to protect the public health, safety, and
welfare . )
I`
( Section 35 -221. STANDARDS FOR VARIANCES.. The Village Council
may vary the regulations of this ordinance when supporting evidence in each
specific case indicates that:
1. Because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land
involved, a particular hardship to the owner would result,
as distinguished from a mere inconvenience, if the strict
letter of the regulations were to be carried out;
2. The conditions upon which the petition for a variance is based
are unique to the parcel of land for which the variance is
sought and one not applicable, generally, to other property
within the same zoning classification;
3. The purpose of the variation is not based exclusively upon
a desire to increase the value or income potential of the
parcel of land;
4. The alleged difficulty or hardship is caused by the provisions
of this ordinance and has not been created by any persons
presently or o
P Y formerly havi an interest in the p arcel of land;
Y g P ,
5. The granting of the variation will not be detrimental to the
public welfare or injurious to other land or improvements in
the neighborhood in which the parcel of land is located; and
6. The proposed variance will not impair an adequate supply of
light and air to adjacent property, or substantially increase
the congestion of the public streets, or increase the danger
of fire, or endanger the public safety, or substantially, diminish
or impair property values within the neighborhood.
The Village Council may impose such restrictions and conditions upon the
premises benefited by a variance as may be. necessary to comply with the
standards established by this ordinance, to reduce or minimize the effect
of such variance upon other properties in the neighborhood, and to better
cant' out the intent of the variance.) - i3 5-2-
( Section 35 -230. SPECIAL USE PERMITS. Before a building or premises
is devoted to any use classified as a "Special Use" by this ordinance, a
Special Use Permit must be granted by the Village Council. The procedure
for obtaining a Special Use Permit for special land uses listed under Section
35 -310, 315, 320, 325, 330, 340, and 350 shall be as follows:
1. The petitioner shall fill out and submit to the Building Department
a "Zoning Form ", copies of which are available at the Village
Hall, together with a fee of $5.00.
2. The Building Department shall refer the petition to the Planning
Commission, together with Its commextts herein.
Section 35 -230 (continued)
3. Notice of such hearing shall be mailed at least seven days in
advance of the hearing to the petitioner and the property owners
or occupants of all property within 150 feet (including streets)
of the property in question. Failure of any property owner or
occupants to receive such notice shall not invalidate the pro-
ceedings hereunder.
4. The planning Commission shallconsider the.petition at'its
next regular meeting, but not earlier than seven days.
5. The petitioner or his representative shall appear before the
Planning Commission at the time and place stated in such
notice, in order to answer questions concerning the proposed
!. %variancer:
6. The petition and report of the Planning Commission shall be
placed on the agenda of the Council at its next regular meeting
following referral from the Planning Commission.
7. The Council must take action on the petition within 60 days
after receiving the reports of the Planning Commission. If
it grants the special use permit, the Council may impose con-
ditions it considers necessary to protect the public health,
safety, and welfare.)
• (Section 35 -231. STANDARDS FOR SPECIAL USE PERMITS. A special
use permit may be granted by the Village Council when recommended by the
Planning Commission after demonstration by evidence that:
1. The establishment, maintenance, or operation of the special
use will not be detrimental to or endanger the public health,
safety, morals, comfort, or general welfare;
2. The special use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes
already permitted, nor substantially diminish and impair property
values within the neighborhood;
3. The establishment of the special use will not impede the
normal and orderly development and improvement of sur-
rounding property for uses permitted in the district;
4. Adequate utilities, access roads, drainage and necessary
facilities have been or will be provided;
5. Adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the
public streets; and
Section 35 -231 (continued)
6. The special use shall, in all other respects, conform
to the applicable regulations of the district in which
it is located.
The Planning Commission may recommend, and the Village Council may
stipulate such conditions and restrictions upon the establishment, location,
construction, maintenance, and operation of the special use as deemed
necessary for the protection of the public interest and to secure compliance
with the requirements specified in this ordinance. In all cases in which
special uses are granted, the Village Council shall require such evidence
and guarantees as it may deem necessary as part of the conditions stipulated
in connection therewith as are being and will be complied with. )
(Section 35 -232. EFFECT OF A DENTAL OF A SPECIAL USE. No
application for a special use which has been denied wholly or in part by the
Village Council shall be resubmitted for a period of six months from the date
of such action, except on grounds of new evidence or proof of change of
conditions found to be valid by the Planning Commission and the Village
Council. )
(Section 35 -233. REVOCATION OF SPECIAL USE PERMITS. Where a
special use permit has been issued pursuant to the provisions of this ordinancc-
• such permit shall become null and void without further action by the Planning
Commission or the Village Council unless work thereon commenced within one
(1) year of the date of granting such special use. All special use permits
authorized prior to the adoption of this amendment shall become null and void
one (1) year after date of such adoption unless the special use is substantially
under way by that time. A special use permit shall be deemed to authorize
only one particular use and shall expire if that use shall cease for more than
twelve (12) consecutive months.)
(Section 35 -234. REVOCATION OF A ZONING CLASSIFICATION. 'Where
property has been rezoned for a less restrictive land use upon petition of
the owner or his agent pursuant to provisions of this ordinance and where
no structural work thereon has commenced within two years of the date of
the rezoning action by the Village Council, the rezoning shall be reviewed by
the Planning Commission.
The Village Council, after hearing recommendations from the Planning
Commission, shallreaffirm the rezoning action or rezone the property for
some other land use, including more restrictive uses, if this will in its
Judgment promote the public health, safety, and general welfare as described
in Section 35 -101. The Council may establish time limitations on reaffirmatiom
of rezoning action, after which time it shall again be reviewed by the Planning
Commission.
This is not intended to preclude in any way the right of the Planning Commissi(
or Village Council to review any land use or charge any zoning classification
to the extent permitted by the Statutes of the State of Minnesota.)
Ordinance No. 68 -10
( Section 35 -301. LAND USE DISTRICTS. For the purpose of this
ordinance, the Village of Brooklyn Center is hereby organized into the following
land use districts:
Residence:
R -1 Single Family Residence District
R -2 One and Two Family Detached Residence District
R -3 Multiple Family Residence District (Town House- Garden Apartments)
R -5 Multiple Family Residence District (Walk -up 2 -1/2 story)
R -7 Multiple Family Residence District (High Rise)
Business:
R -B Residence - Business District
B -1 Local Business District
B -2 Regional Business District
B -3 General Business District
Open Space:
0-1 Open Space District
0-2 Open Space District
Industrial:
I -1 Limited Industrial District
• I -2 Industrial Park District
The location and boundaries of the districts established by this ordinance are
set forth in Section 35 -810, 815, 816, 817, 818, 820, 830, 840, 850, 851,
860 and 861.
Unless otherwise indicated, in relation to established lines, points, or features,
the district boundary lines are the center lines of streets, alleys or railroad right -
of -way existing or extended.)
( Section 35 -310. SINGLE FAMILY RESIDENCE DISTRICT (R -1)
1. PERMITTED USES
a. Single family dwellings.
b. Churches and public and private elementary and secondary
schools, except vocational trade schools, provided that
any principal building shall be located 30 feet or more from
an other lot i -1
y n an R district.
c. Roadside stands not exceeding one story in height or 1,000
square feet in floor area, on premises devoted primarily to
nurseries, greenhouses, and truck gardening, for the sale
of trees, shrubs, plants, flowers, vegetables, fruits and
other farm produce grown on said premises.
d. Home occupations.
e. Public uses, including public recreational activities, on
property owned by the Village of Brooklyn Center or other
units of government.
35 -310 (continued)
Ordinance No. 68 -10
f. Private garages used in connection with single dwelling
units and not for commercial purposes, containing not more
than 660 square feet of floor area.
g. The renting of rooms by a resident family for lodging
purposes only, and for the accommodation of not more than
two roomers in a single family dwelling.
2. ACCESSORY USES
a. Conservatories for plants and flowers, not including any
business, trade or industry.
b. Separate living quarters for domestic servants employed
on the premises when said premises contain 15, 000 square
feet or more of land area.
c. Unlighted nameplates not exceeding one .square foot in area,
with a 24 -inch maximum for any dimension, bearing the name
of the occupant of a residence; and bulletin boards for churches
and identifying signs for schools or other public or semi - public
institutions not exceeding 30 square feet in area with a seven -
foot maximum for any dimension.
d. Unlighted real estate "For Sale" or "For Rent" signs not
exceeding two square feet in area, with a 24 -inch maximum
for any dimension.
e. Off - street parking and off - street loading.
3. SPECIAL USES
a. Nurseries and greenhouses, provided that any heating plant is
located 50 feet or more from any other lot in an R -1 district
and all incidental equipment is enclosed.
b. Public and private colleges, and vocational trade schools.
c. Hospitals, rest homes and sanitoriums, except animal hospitals.
d. Public utility facilities, such as electric sub - stations, water
pumping stations, telephone stations, and the like, provided
that the facility is required in order to serve the adjacent area
and that it is not possible to serve such areas with an existing
facility or to locate the facility in a less restricted land use district.
e. Cemeteries.
f. Duplexes and multiple dwellings.
g. Temporary sales offices, provided a time limitation is specified
in the special use permit and that at the end of such period all
structures shall be removed or made to conform to the requirements
of an R -1 district.
h. Unlighted ball parks not operated for profit.
i . Special home occupations.
j. Other non - commercial uses compatible with the permitted uses in
an R -1 district.
k. Public and private golf courses.)
Ordinance No. 68 -10
(Section 35 -311. ONE AND TWO FAMILY DETACHED RESIDENCE
DISTRICT (R-2
1. PERMITTED USES
a. One family detached dwellings.
b. Two family dwellings.
c. Public parks, playgrounds, unlighted athletic fields and other
recreational uses of a non - commercial nature.
d. Chapels, churches, temples and synagogues.
e. Public and private elementary and secondary schools havthg_a
regular course of study accredited by the Minnesota Department
of Education.
f. Essential service structures in easements or in rights -of -way
of public streets or alleys as authorized by Village franchise
and as required by State law.
g. Accessory uses incidential to the foregoing principal uses when
located an the same lot with the use to which it is acessory
but not including any business or industrial use. Such accessory
uses to include but not be restricted to the following:
(1) Off - street parking and off - street loading.
(2) The renting of not more than two indoor parking spaces.
(3) Private garages, carports, screen houses, conservatories, etc.
(4) Public recreational buildings in parks, playgrounds and
• athletic fields.
(5) Playground equipment and installations, including private
swimming pools and tennis courts.
(6) Home occupations not to include special home occupations as
defined in Section 35 -880.
(7) Signs, as permitted in the Brooklyn Center Sign Ordinance.
(8) Temporary real estate tract office for the purpose of
selling: lots on the tract upon which it is located.
(9) The renting of not more than two sleeping rooms by a
resident family, provided adequate off - street parking
is provided.
2. SPECIAL USES
a. Special home occupations as defined in Section 35 -880.
b. Rooming houses and boarding houses.
c. Tents, stands and other temporary structures for church charities,
carnivals, revival meetings and similar purposes when these are
not detrimental to the health, safety, morals, comfort or general
welfare. In this case, review by the Planning Commission is waived
view of Council's review. The Council may impose such restrictions
and conditions as are necessary to minimize the adverse effects of
such temporary use with respect to abutting and adjacent properties.
d. Golf courses and accessory buildings essential to the operation
of a course, but not including driving ranges.
Ordinance No. 68 -10
e. Nursing homes and rest homes.
f. Cemeteries
g. Public utility structures not in easements or in rights -of -way
of public streets or alleys.)
(Section 3 5- 315. RESIDE NCE-BUSINESS DISTRICT (R -B).
1. PERMITTED USES.
a. Uses listed as permitted uses in an R -1 district.
b. Private, non - profit clubs or lodges.
c. Office buildings.
d. Medical and dental clinical services, but not including treatment
of animals.
e. The compounding, dispensing, or sale (at retail) of drugs,
prescription items, patent or proprietary medicines, sick room
supplies, prosthetic devices or items relating to any of the
foregoing when conducted in a building occupied primarily by
physicians or dentists.
f. Duplexes and multiple dwellings.
g. Hospitals, rest homes, and sanitoriums, except animal hospitals.
2. ACESSORY USES.
• .a. Accessory uses permitted in the R -1 district.
3. SPECIAL USES.
a. Special uses allowed in R -1 districts.
b. Mortuary.)
(Section 35 -316. MULTIPLE FAMILY RESIDENCE DISTRICT(TOWN HOUSES
AND GARDEN APRTMENTS (R -3).
1. PERMITTED USES.
a. Town houses or garden apsrtmerts as defined in Section 35 -880.
b. Public parks and playgrounds.
c. Essential service structures as permitted in the R -1 district.
d. Accessory uses as permitted in the R -1 district with the exception
that no restriction is placed upon the renting of indoor parking spaces.
2. SPECIAL USES.
a. None)
(Section 35 -317. MULTIPLE FAMILY RESIDENCE DISTRICT (WALK -UP
2 1/2 STORY) (R- 5)
Ordinance No. 68 -10
1. PERMITTED USES.
a. Multiple family dwellings not exceeding two and one -half stories
in heights.
b. Acessory uses as permitted in the R -1 district with the exception
that no restrictions be placed upon the renting of sleeping rooms
and indoor parking spaces.
c. Essential service structures as permitted in an R -1 district.)
(Section 35 -318. MULTIPLE FAMILY RESIDENCE DISTRICT (HIGH RISE) (R -7)
1. PERMITTED USES.
a. Multiple family dwellings at no less than six stories in height.
b. Retail food shops, dry cleaning pick -up stations and valet shops
in multiple family dwellings containing thirty or more dwelling units.
Such shops to be accessible to the public through: a lobby, and no
advertising or display to be visible from outside of building.
c. Essential service structures as permitted in the R -1 district.
d. Accessory uses as permitted in the R -1 district with the exception
that no restriction is placed upon the renting of sleeping rooms or
indoor parking spaces.
2. SPECIAL USES.
a. None)
I
( Section 35 -320. LOCAL BUSINESS DISTRICT (B -1)
1. PERMITTED USES
a. Uses listed as permitted uses in an R -B district
b. Barber shops and beauty shops, including related personal
services customarily carried on in such shops
c. Retail food, drug, clothing, and hardware stores, including
items normally carried in such stores
d. Retailing of incidental items compatible with items carried in
food, drug, clothing, and hardware stores providing that such
uses do not ,occupy in aggregate more than ten per cent (10 %)
of the total gross area. Items listed under special uses in a
B -1 district shall be considered incidental
e. Specialty stores handling items which are a part of the stock
normally carried in a retail food, drug, clothing, or hardware
store, but not including items listed under special uses in a
B -1 district
f. Dry cleaning and laundry self - service and receiving stations,
processing to be permitted relative only to the same receiving
station
g. Bakeries producing goods for sale on premises only
4 ,� E1
2. ACCESSORY USES
a. Signs - Non - flashing business signs are permitted, subject
to the following:
(1) The number of square feet in the gross surface area of
all signs on a lot shall not exceed the number of lineal
feet in the frontage of the lot.
(2) No sign shall project more than one foot across the front
yard or side yard setbacks
(3) 'No sign shall project higher than 16 feet above curb level
b. Off - street parking and off - street loading.
3. SPECIAL USES
a. Uses listed as special uses in an R -B district
b. Retail furniture, home furnishings, and appliance stores
c. Drive -in businesses where people are served in automobiles
d. Restaurants, when no entertainment or dancing is provided
e. Service stations, providing they do not abut a lot in an R -1
or R -B district
f. Building construction materials other than hardware items
g. Rental equipment
h. Rummage sales
i. Automobile accessories, including the mounting of tires and
the installation of batteries, mufflers, tailpipes and seat
covers within a building. There shall be no storage or work
performed outside the building, and no noise resulting from
this work shall be audible in adjacent or abutting properties
above and beyond those noises customarily associated with
retailing of merchandise and related vehicular parking. )
46-*- 1
l
f
(Section 35 -330. REGIONAL BUSINESS DISTRICT (B -2)
1. PERMITTED USES
a. Uses permitted in B -1 districts
b. Additional uses permitted are as follows;
(1) Antique shops
(2) Art and school supply stores
(3) Art galleries
(4) Auction rooms
(5) Auto accessory stores
(6) Banks and financial institutions
(7) Bicycle sales, rental, repair stores
(8) Camera and photographic supply stores
(9) Carpet and rug stores
(10) Casket and casket supplies
(11) China and glassware stores
(12) Clubs and lodges - private, non - profit
(13) Coin and philatelic stores
(14) Currency exchanges
(15) Custom dressmaking
(16) Department stores
(17) Dry cleaning processing
(18) Dry goods stores
(19) Electric and household appliance stores including radio
and television sales and repair
• (20) Employment agencies
(21) Frozen food stores, including locker rental in
conjunction therewith
(22) Furniture stores, including upholstery when conducted as
part of the retail operation and secondary to the principal use
(23) Furrier shops, including incidental storage
(24) Garden supply and feed stores
(25) Hobby shops for retail of items to be assembled
or used away from the premises
(26) Hotels
(27) Interior decorating shops, including upholstery, and
making of draperies, slip covers and other similar articles,
when conducted as part of the retail operations and secondary
to the principal use
(28) Laboratories, medical and dental research and testing
(29) Leather goods and luggage stores
(30) Loan offices
(31) Locksmith shops
(32) Meeting halls
(33) Musical instruments, sales and repair
(34) Office supply equipment, sales and service
(35) Optometrists
(36) Paint and wallpaper stores
(37) Phonograph record shops
(38) Photography studios
(39) Physical culture and health services, reducing salons,
masseurs, public baths 11 -of
0 '_0 E?
Section 35 -330 (continued)
1. Permitted Uses (continued)
b. (Continued)
(40) Picture framing when conducted for retail trade on
the premises only
(41) Private cultural institutions
(42) Public buildings
(43) Radio and television broadcasting stations
(44) Restaurants, when no entertainment or dancing is provided
(45) Restricted production and repair, limited to the following:
Art, needlework, clothing, custom manufacturing and altera-
tions for retail only; jewelry, from precious metals; watches,
dentures and optical lenses, and household electrical appliances
(46) Schools - music, dance or business
(47) Sewing machine sales and service, household machines only
(48) Shoe stores
(49) Sporting goods stores
(50) Tailor shops
(51) Theatres, except open air drive -in
(52) Telegraph offices
(53) Tobacco shops
(54) Toy shops
(55) Travel bureaus, transportation and ticket offices
(56) Wearing apparel shops
(57) Light fixtures and lamp stores
2. ACCESSORY USES
a. Signs are permitted subject to the following:
(1) The number of square feet in the gross surface area of all signs
on a lot shall not exceed two times the number of lineal feet of
frontage of such lot. The number of square feet in gross surface
area of all flashing signs shall not exceed three times the
number of lineal feet of frontage of such lot.
(2) No sign shall project higher than 16 feet above curb level or
six feet above roof level, whichever is the greater.
(3) No sign shall project more than 24 inches across the front
yard or side yard setbacks, except that those with no part
having an elevation higher than five feet above the curb
level and if supported by a single pipe column having a
diameter of six inches or less shall be permitted to project
into any yard within five feet of the street line.
b. Off - street parking and off - street loading
3. SPECIAL USES
a. Any special use allowed in B -1 district
b. Amusement establishments, bowling alleys, pool halls, dance halls,
commercial gymnasiums, swimming pools and skating rinks
35 -330 (continued)
Ordinance No. 68 -10
c. Cocktail lounge or taverns
d. Bus depot and curb stand having off - street loading and
parking facilities
e. Service stations
f. Fuel and ice sales (cash and carry sales only)
g. Newspaper and magazine stands
h. Other retail sales and services
i. Liquor stores
j . Automobile sales
k. Motels
1. Boat show rooms)
(Section 35 -340. GENERAL BUSINESS DISTRICTS (B -3)
1. PERMITTED USES
a. Uses permitted in B -1 and B -2 Districts
b. Additional uses permitted are as follows:
(1) Boat show rooms
(2) Blueprinting and photocopying establishments
(3) Building material establishments where dimension lumber, millwork,
cabinets, and other building materials are kept for sale within
completely enclosed buildings and not stored in the open, provided
that no milling, planing, jointing or manufacture of millwork shall
be conducted on the premises
(4) Catering establishments
(5) Clothing and costume rental shops
(6) Exterminating shops
(7) Garages - for storage, repair and servicing of automobiles and
trucks, including body repair and painting but not including auto
wrecking yards
(8) Laundries and diaper services
(9) Linen, towels, draperies, and similar supply services
(10) Live bait stores
(11) Machinery sales
(12) Monument sales
(13) Motor vehicle sales
(14) Motorcycle sales
(15) Orthopedic and medical appliance stores but not including the
assembly or manufacture of such articles
(16) Outdoor areas where outdoor merchandise, machinery or
equipment may be displayed
(17) Pawn shops
(18) Pet shops
(19) Plumbing show rooms and shops
(20) Printing shops employing not more than ten persons exclusive
of office help
(21) Recording studios
(22) Restaurants including live entertainment and dancing
(23) Sheet metal shops
(24) Sign shops
(25) Trailer sales
(26) Used car lots
2. ACCESSORY USES
a. Signs - in accordance with regulations governing signs in B -2 districts
b. Off- street parking and off - street loading
3. SPECIAL USES
a. Special uses allowed in B-1 and B -2 districts
b. Animal hospitals
c. Service stations, providing they do not abut a lot in an R -1 or R -B district
d. Other commercial activities compatible with the permitted uses listed
for a B -3 district) (Items c and d passed 8 -7 -61)
Reatimbered
(3ection 35-350. LIMITED INDUSTRIAL DISTRICT (I-1)
1. PERMITTED USES
a. Manufacturing
(1) Automobile, truck and trailer body repair
(2) Beverage processing and bottling
(3) Boat building and repair, for boats less than one hundred
feet in length
(4) Cameras and other photographic equipment except film
(5) Canvas and canvas products
(6) Ceramic products - such as pottery and small glazed tile
(7) Cosmetics and toiletries
(8) Electric appliances, such as lighting fixtures, irons, fans,
toasters and electric toys
(9) Electrical equipment assembly, such as home radio and television
receivers 'and home movie equipment but not electric power sub-
stations, or electrical machinery
(10) Electrical supplies, manufacturing and assembly of - such as
wire and cable assembly, switches, lamps, insulation and
dry cell batteries
(11) Food products, processing and combining of (except meat and
fish) baking, boiling, canning, cooking, dehydrating, freezing,
frying, grinding, mixing and pressing
(12) Glass products, from previously manufactured glass
(13) Hair, felt and feather products (except washing, curing and
• dyeing)
(14) Hat bodies of fur and wool felt
(15) Hosiery
(16) Ice, dry and natural
(17) Ink mixing and packaging and inked ribbons
(18) Leather products, including shoes and machine belting
(19) Luggage
(20) Metal finishing, plating, grinding, sharpening, polishing,
cleaning, rustproofing and heat treatment
(21) Metal stamping and extrusion of small products, such as
costume jewelry, pins and needles, razor blades, bottle caps,
and buttons
(22) Musical instruments
(23) Orthopedic and medical appliances, such as artificial limbs,
braces, supports and stretchers
(24) Paper products - small - such as envelopes and stationery,
bags, boxes, tubes and wallpaper printing
(25) Perfumes and perfumed soaps, compounding only
(26) Pharmaceutical products, compounding only
(27) Plastic products, such as tableware, phonograph records
and buttons
(26) Printing
(29) Rubber products, small and synthetic treated fabrics (excluding
all rubber and synthetic processing) such as washers, gloves,
footwear, bathing caps and atomizers
(30) Silverware, plate and sterling)
I
35 -350 (continued)
Ordinance No. 68 -10
1. a. (31) Soap and detergents, packaging only
(32) Sporting and athletic equipment, such as balls, baskets, cues,
gloves, bats, racquets and rods
(33) Statuary, mannequins, figurines, and religious and church
art goods, excluding foundry operations
(34 ) Textiles - spinning, manufacturing, dyeing, printing,
g, g, J. Y g, p g.
knit goods, yarn, thread and cordage
(35) Tools and hardware - such as bolts, nuts and screws, door knobs,
drills, hand tools and cutlery, hinges, house hardware, locks,
and plumbing appliances
(36) Toys
(37) Upholstering (bulk) including mattress manufacturing, rebuilding
and renovating
(38) Vehicles, children's - such as bicycles, scooters, wagons and
baby carriages
(39) Wood products - such as furniture, boxes, crates, baskets and
pencils and cooperage works
b. Offices
c. General Wholesale, warehousing and storage
d. A dwelling unit for a watchman and his family on the premises where
employed in such capacity
e. Metallurgical and electronic research
f. Public uses
g. Public utility facilities
2. ACCESSORY USES
a. Signs are permitted, subject to the following:
(1) The number of square feet in the gross surface area of all signs
on a lot shall not exceed two times the lineal feet of the front
of the principal building on the lot; and each side of a principal
building shall be considered a separate front.
(2) The number of square feet in gross surface area of all flashing
signs on a lot shall not exceed eight square feet. No such
sign shall extend to any point within 40 feet of a residence district.
(3) Any sign shall advertise only the firm located on the premises
(4) No sign shall rise more than two feet above the highest point
of the building roof nor 16 feet above curb level, whichever is
greater.
(5) No sign shall project more than 24 inches across the front yard
or side yard setbacks, except that those with no part having an
elevation higher than five feet above the curb level and if
supported by a single pipe column having a diameter of six
inches or less shall be permitted to project into any yard within
five feet of the street line.
35 -350 (continued)
Ordinance No. 68 -10
2. b. Restaurants, cigar and candy counters, and similar uses when operated
primarily for the use of employees in the immediate area.
c. Off - street parking and off - street loading.
3. SPECIAL USES
a. Manufacture of building materials, such as prefabricated houses,
composition wallboard, partitions and panels
b. Heliports
c. Chemical research
d. Storage of coal and gas and gasoline bulk plant
e. Service stations
f. Regrigerating plants
g. Other manufacturing
h. Small animal hospitals)
Ordinance No. 68 -10
(Section 35 -351. INDUSTRIAL PARK (I -2)
1. PERMITTED USES.
a. The following manufacturing activities:
(1) Food and kindred products as follows:
(a) Dairy products
(b) Bakery products
(c) Confectionary and related products
(d) Beverages with the exception of malt or malt liquors
(e) Ice
(f) Macaroni, spaghetti, vermicelli and noodles
(2) Textile mill products
(3) Apparel and other finished products made from fabrics,
leather and similar materials
(4) Lumber and wood products except furniture and sawmills
and planing mills
(5) Furniture and fixtures
(6) Converted paper and paperboard products (as opposed to
paper and paperboard manufacturing)
(7) Printing, publishing and allied industries
(8) Chemicals and allied products as follows:
(a) Drugs
• (b) Soaps, detergents, and cleaning preparations,
perfumes, cosmetics and other toilet preparations
(compounding and packaging only)
(9) Miscellaneous plastic products
(10) Fabricated metal products as follows:
(a) Office, computing and accounting machines
(b) Household appliances
(c) Electric lighting and wiring equipment
(d) Communication equipment including radio and
television receiving sets
(e) Electronic components and accessories
(11) Professional, scientific, electronic and controlling
instruments, photographic and optical goods, watches
and clocks.
(12) Miscellaneous manufacturing such as jewelry and silverware;
musical instruments and parts; toys, amusement, sporting
and athletic goods; and pens, pencils, and other office and
artistic materials.
b. The following wholesale trade activities:
(1) Automotive equipment
(2) Drugs, chemicals and allied products
(3) Dry goods and apparel
(4) Groceries and related products
(5) Electrical goods
(6) Hardware, plumbing, heating equipment and supplies
(7) Machinery, equipment and supplies
35 -351 continued
Ordinance No. 68 -10
(8) Other wholesale trade similar in nature to the
aforementioned uses such as paper and paper products,
i furniture and home furnishings and beer, wine and
distilled alcoholic beverages, but expressly excluding
petroleum bulk stations and scrap and waste materials
and similar uses.
c. The following service activities:
(1) Laundering, dry cleaning and dyeing
(2) Automobile and truck repair and wash
(3) Contract construction
(4) Kennels
(5) Veterinarian and animal hospital
(6) Automobile and truck rental and leasing
d. Public transportation terminals
e. Public utility facilities
f., Accessory uses incidental to the foregoing principal uses when
located on the same lot with the use to which it is accessory.
Such accessory uses to include but not be restricted to the
following:
(1) Off - street parking and off - street loading
(2) Signs as permitted in Section 35 -350
(3) Storage of materials provided such storage is within
completely enclosed buildings
. (4) Foundries
g. Other uses similar in nature to the aforementioned uses provided
they comply with the requirements set forth in Section 35 -411
of this ordinance.)
(Section 35 -360. OPEN SPACE DISTRICT (0 -1)
1. PERMITTED USES
a. Public parks, playgrounds, athletic fields and cultural and
recreational uses of non - commercial nature.
b. Essential service structures in easements or in rights -of -way
of public streets or alleys as authorized by Village franchise
and as required by State law.
C. Municipal offices.
d. Accessory uses incidental to the foregoing principal uses when
located on the same lot with the use to which it is accessory
but not including any business or industrial use. Such accessory
uses to include but not be restricted to the following:
(1) Off - street parking
(2) Public recreational buildings in parks, playgrounds, and
athletic fields.
2. SPECIAL USES - None)
Ordinance No. 68 -10
(Section 35 -361. OPEN SPACE DISTRICT (0-2)
1. PERMITTED USES
a. Public parks, playgrounds, athletic fields and other recreational
uses of a non - commercial nature.
b. Commercial recreation facilities of a semi -open space nature
such as golf courses and golf driving ranges.
c. Essential service structures in easements or in rights -of -way
of public streets or alleys as authorized by Village franchise
and as required by State law.
d. Accessory uses incidental to the foregoing principal uses when
located on the same lot with the use to which it is accessory
but not including any business or industrial use. Such accessory
uses to include but not be restricted to the following;
(1) Off - street parking
(2) Public recreational buildings in parks, playgrounds, and
athletic fields. )
•
( Section 35 -401. TABLE OF DISTRICT REQUIREMENTS (Min. Requirements)
Districts
B1, B2
R1 RB & B3 I -1
Lot Area (Sq.Ft.) *1 9,500 9,500 1,500 - --
Lot Width (Ft.) 75 75 20 100
Front Yard Setback (Ft.) *2 35 35 30 30
Side Yard Setback (Ft.) *3 10 10 10 10
Side Yard Setback Facing Street 25 25 25 25
(Corner Lot)
Rear Yard Setback (Ft.) 40 40 25 25
Floor Area Ratio: (Floor area .4 .4 .6 .4
to lot area) Maximum
permitted
Footnotes:
*1. The minimum requirements for structures other than single family
• residence shall be 8, 000 sq. ft. for duplexes, 1, 600 sq. ft. for efficiency units,
and 2,700 sq. ft. for all other multiple family units. Residential requirements
are per dwelling unit .
*2. Where adjacent structures have front yard setbacks different
from those required, the front yard setback shall conform to the average setback
of the adjacent structures. If only one adjacent lot is occupied by a structure,
the front yard setback shall be the average of the required setback and the set-
back of that adjacent structure.
Where a regional shopping center faces a major thoroughfare, the
setback shall be 150 feet.
Where an industrial district faces a residential district across a
street, the front yard setback of the industrial district along that street shall
be no less than 100 feet.
Setbacks along major thoroughfares shall in no event be less than
90 feet, measured from the center -line.
*3. Where a commercial district adjoins a residence district, the
setback shall be not less than 25 feet. Where an industrial district adjoins
a residence district, the setback shall be not less than 100 feet. Side yard
setbacks shall be no less than the height of the building.
*4. A garage must be set back at least 5 feet from the rear or side lot
line, except that a garage may be set back 3 feet from the side lot line if the
garage is located 20 feet or more to the rear of the house.)
(Section 35 -402. TABLES OF DISTRICT REQUIREMENTS FOR R -2, R -3, R -5, R -7, AND 1 -2 DISTRICTS.
TABLE 1: MINIMUM LOT REQUIREMENTS IN ZONES R -3, R -5, R -7, I -2 & I -3
Yard Setback
District Area Width Front Rear Side- Interior Side- Corner
Rl and R2
One Family Detached Dwelling 9,500 75 35 40 10 25
Two Family Dwelling 6,200 75 35 40 10 25
Public and Semi - Public Buildings 5,000 75 35 40 25 25
R3 5,400 -- 35 40 10 25
R5 2,700 100 35 40 10 25
R7 (Footnote 4) 900 100 35 40 10 25
Il - - - -- 100 30 25 10 25
I2 - - - -- 100 30 25 10 25
1 In the case of residential uses, the minimum lot area shall apply to each unit.
2 Where adjacent structures have front yard setbacks difference from those required, the front yard
setback shall conform to the average setback of the adjacent structures. If only one adjacent lot
is occupied by a structure, the front yard shall be the average of the required setback and the
setback of that adjacent structure. Where no more than 3 interior lots have frontage on a
"cross street ", and where the corner lots are developed so that one each of their side yard face
such cross street, the front yard setback of the interior lots shall conform to the side yard
setbacks of the corner structures, but in no event to exceed the required front yard setback of
the zoning district within which the lots are located. Where an industrial district faces a
residential district across a street, the front yard setback of the industrial district along
that street shall be no less than 100 feet. Setbacks along major thoroughfares shall in no
event be less than 50 feet, measured from the street right -of -way line.
3 Increase by 2 feet for every storey over one storey except that this regulation shall not require
a side yard greater than the applicable front yard setback.
Garages must be set back at least 5 feet from an interior side lot line, except that a garage may
0 • 0
Section 35 -402 continued . . .
_be set back 3 feet from the interior lot line if the garage is located 20 feet or more to the
rear of the house. Where a commercial district adjoins a residence district, the setback shall
be not less than 25 feet. Where an industrial district adjoins a residence district, the set-
back shall be not less than 100 feet.
4 Where R7 is adjacent to or abutts Rl and R2, a 40 foot minimum setback is required.
TABLE 2: BUILDING REQUIREMENTS
Height in Storeys Floor Area Ratio
District (Minimum) (Maximum) (Maximum)
R1 and R2
One Family Detached Dwellings -- 2 0.3
Two Family Detached Dwellings -- 2 0.3
Public and Semi - Public Buildings -- 2 0.5
R3 -- 2 0.3
R5 -- 2 -1/2 0.4
R7 6 -- 0.6
Il -- -- 1.0
I2 -- -- 0.5 )
( Section 35 -410. SPECIAL REQUIREMENTS IN BUSINESS DISTRICTS
(Bl, B2, B3)
1. All business, storage, service, repair or processing, or mer-
chandising display shall be conducted wholly within an enclosed building or
behind a solid fence not less than five feet high except for establishments of
the drive -in type offering goods or services directly to customers, and off - street
parking and loading.
2. Not more than three horsepower shall be employed in the operation
of any one machine and not more than twelve horsepower in the operation of all
machines for fabricating, processing or repair in any establishment.
3. Processes and equipment employed and goods processed or sold,
shall be limited to those which are not objectionable by reason of odor, dust,
smoke, cinders, gas, noise, vibration, refuse matter, or water carried waste.
4. Where such a development abuts a residential district, a buffer
zone shall be established. There shall be a protective strip of not less than
25 feet in width. This protective strip shall contain no structures, shall not
be used for parking, off - street loading, or storage, and shall be landscaped.
The landscape treatment shall contain a compact evergreen hedge or fence, but
shall not extend within 15 feet of the street right -of -way. The planting or fence
design must be approved by the Building Department as being in harmony with a
residential neighborhood and providing sufficient screening of the commercial
area. The hedge or fence shall be no less than four feet and no more than six
feet in height.
5. No building permit shall be issued until a parking layout has been
approved as provided in Section 35 -707. )
(Section 35 -411. SPECIAL REQUIREMENTS IN INDUSTRIAL DISTRICTS (I -1, I -2)
1. Screenings.
Screening must be provided and maintained by the owner of an industrial
building adjacent to a residential area. Such screening, either of planting, fence
or wall shall prohibit eye -level vision between the residential and industrial areas.
Plans for proposed screening must be presented to and approved by the Building
Inspector before a building permit is granted.
2. Explosives.
No activities involving the storage, utilization or manufacture of materials
or products which could decompose by detonation shall be permitted except such
as are specifically licensed by the Village Council. Such materials shall include
but not be confined to: All primary explosives, such as lead oxide and lead sulphate;
all high explosives and boosters, such as TNT, RDS, tetryl and ammonium nitrate;
propellants and components thereof such as nitrocellulose, black powder, ammonium
perchlorate and nitroglycerine; blasting explosives, such as dynamite, powdered
magnesium, potassium chlorate, potassium permanganates, and potassium nitrate;
and nuclear fuels and reactor elements such as uranium 235 and plutonium.
i
35 -411 (continued)
Ordinance No. 68 -10
3. Noise.
Noise shall not exceed forty decibels on any octave band frequency
measured at any point along the property line of the use in operation. Decibel
level shall be measured by equipment meeting the specifications of the American
Society of Testing Materials.
4. Vibration.
No activity or operation shall at any time cause earth vibration perceptible
beyond the limits of the immediate site on which the operation is located.
5. Smoke and Particulate Matter.
No smoke or other effusive or particulate matter shall be discharged more
dark or opaque than the number one classification of the Ringelman Smoke Chart,
published by the United States Bureau of Mines. Measurement shall be at the
point of emission. No solid or liquid particles of any type shall be emitted in such
concentrations that they become detectible at the limits of the immediate site.
6. Odor.
None of the uses permitted shall, at any time, cause the discharge of toxic,
noxious, or odorous matter beyond the limits of the immediate site in such concen-
trations as to be detectible.
7. Glare and Heat.
. Glare and heat, whether direct or reflected shall not be detectible beyond
the limits of the immediate site from which it originates.
8. Wastes.
All solid waste material, debris, refuse or garbage not disposed of through
the public sanitary sewerage system shall be kept within a completely enclosed
building r properly contained in a closed container designed for such purposes.
g p p y g
All wastes shall be treated in compliance with existing legislation.
9. Storage and Activity.
In the Industrial Park District (I -2) all production, storage, servicing or
merchandising except off - street parking and off4street loading, shall be conducted
within completely enclosed buildings.
10. Lakeshore or Watercourses Setback.
No industrial use shall extend within 50 feet of a lakeshore or watercourse.
11. Compliance.
None of the permitted uses in the Industrial District or in the Industrial
Park District, during the period of their operations, shall fail to satisfy any of the
standards set forth above. In determination of non - compliance with those standards
the majority vote of the Planning Commission shall be deemed a sufficient test of
detectibility for vibration, particulate matte4, odor, glare and heat. For noise,
smoke and wastes, determinations of compliance or failure to comply shall be by
an independent testing organization satisfactory to all parties concerned; or if there
is failure to agree, by such testing organization as may be selected by the Council
after thirty days notice.
35 -411 (continued)
Ordinance No. 68 -10
12. Costs.
Costs incurred in having such investigation or tests conducted shall be
shared equally by the owner or operator and the Village, unless the investigation
and tests disclose non - compliance with the performance standards, in such event
the entire investigation or testing cost shall be paid by the owner or operator.)
( Section 35 -412. SPECIAL REQUIREMENTS IN NEIGHBORHOOD SHOPPING
FACILITIES (B -1)
In order to provide sound development of new neighborhood shopping
centers, the Village is withholding commercial zoning from certain general areas,
On the basis of planning studies, each of these general areas represents a
location suitable to a new neighborhood shopping center. Since there are several
possible locations within each area, the Village does not wish at this time to
establish the final location. Initiative of property owners and soundness of
development plans will determine the final location.
Therefore, it is the intention of the Village to zone for neighborhood
business any property, proposed for development, that meets the following
minimum requirements. These requirements shall also apply to future commercial
development in areas already zoned for neighborhood business (B -1 Districts) .
1. The property shall be located within a general area designated for
local shopping according to the Guide Plan of the Planning Commission.
2. The area shall be platted as a single parcel of land or replatted,
if necessary, to gain a single parcel, so that the parcel shall be under unified
control.
3. The ratio of off - street parking area to gross floor area shall comply
with the provisions for retail business set out in Section 35 -704.
4, The minimum development to qualify as a shopping center shall
contain not less than one (1) retail grocery store and one (1) drug store. There
shall be not less than 25,000 square feet of gross floor area.
5. Where such a development abuts a residential district, a buffer zone
shall be established. There shall be a protective strip of not less than 25 feet
in width. This protective strip shall contain no structures, shall not be used for
parking, off - street loading, or storage, and shall be landscaped. The landscape
treatment shall contain a compact evergreen hedge or fence, but shall not extend
within 15 feet of the street right -of -way. The planting or fence design must be
approved by the Building Department as being in harmony with a residential neighbor-
hood and providing sufficient screening of the commercial area. The hedge or fence
shall be no less than four feet and no more than six feet in height.
6. There shall be no off- street parking within 15 feet of any street right -
of-way.
7. The parking area shall be improved with a durable, oil stabilized surface,
and the handling of surface water drainage shall be according to a plan approved by
the Village Engineer.
35-412 (continued)
Ordinance No. 68 -10
8. Cross land traffic access on major thoroughfares, as designated by
the Planning Commission, shall be channeled across thoroughfare intersections
unless turn reservoirs can be provided in median strips. _
9. If a second shopping center is to be considered within any of the
areas designated for local shopping, a market analysis shall be submitted. This
market analysis shall be based upon the Planning Commission's Guide Plan and
not merely upon existing development and shall demonstrate a need for an additional
shopping center. )
( Section 35 -413. SPECIAL REQUIREMENTS FOR AUTOMOBILE SERVICE
STATIONS. Automobile service stations pose particular problems in achieving
compatibility with abutting and adjacent land uses because of potentially detri-
mental aspects of their operation. The problem is basically both functional and
aesthetic, involving traffic hazards, noise, light glare at night, outdoor storage
of merchandise, poor architectural design, indiscriminate advertising, etc., all
of which contribute to less enjoyment in use of and reduction of property values
in surrounding properties. It is hereby determined that the general welfare will
be better served by minimizing adverse functidnal and aesthetic conditions which
may result from operation of automobile service stations, and that the use, enjoy-
ment and improvement of surrounding properties will be enhanced by the following
requirements:
1. Automobile service stations must front and the primary building shall
face on a street designated by the Village Council as a major thoroughfare. The
minimum width and depth respectively of the use site shall be one hundred and
twenty ('120) feet.
2. No service station shall be constructed on a lot abutting a R -1 or RB
district, however, that a service station may be constructed such a lot if the
abutting lot is occupied by a multiple family dwelling which is a part of a planned
development area together with the service station, or by building other than a dwelling
or an accessory thereto. For the purpose of this paragraph, a lot which merely adjoins
the use site at one corner will not be deemed to abut the site.
3. Prior to any construction, the owner or developer shall comply with the
requirements of Section 35 -707, which relates to approval of preliminary plans.
The owner or developer shall also submit final architectural drawing and specifica-
tions to the Planning Commission, which shall then make recommendations to the
Village Council. Any construction must conform to the drawings and specifications
as approved by the Council. In evaluating architectural design, the Planning
Commission and Council shall follow the principal that the building express sincere
concepts and honest construction, and be compatible with surrounding buildings.
The appearance of the community and landscape is to be disturbed as little as
possible. Moreover, the design of the building and of the canopy, if there is one,
shall be in scale with the surroundings. This section shall apply to all exterior
additions or alterations, including accessory structures and signs.
35 -413 (continued)
4. No driveway will be permitted within forty (40) feet of the
Intersection of the curb lines of a corner use site. The maximum width
of any driveway shall be thirty (30) feet at the property line. No driveway
shall be within thirty (30) feet of another driveway on the same use site.
or be flared outward on the boulevard in such a way as to encroach upon
the boulevard of abutting property.
S. Provisions will be made for an unobstructed area, free of all
vehicles, pumps, signs, displays or other materials which tend to obscure
vision, when the use site is at the intersection of two streets. The un-
obstructed area shall be bounded by the street lines of the lot and a straight
line joining points along such street lines (50) feet from the point of
intersection of the street lines. This is not intended to preclude one
identification sign which is ten feet or more above the street grade level
and is supported by a pedestal twelve inches or less in diameter.
6. Facilities for chasis and gear lubrication and for washing must
be enclosed within the principal building. No. merchandise may be
displayed for sale outside the principal building except within four feet
of the building or in the pump islands, unless enclosed by a structure
compatible with the building. No discarded trash, parts or tires may be
accumulated outside the building unless enclosed by a durable structure
compatible with the design of the principal building.
7. Lighting surrounding automobile service stations must be adequate
for safety only, and designed to minimize the amount of light reflecting on
t abutting or adjacent properties. Lighting design must be submitted to the
Planning Commission for recommendations to the Council, and all lighting
shall conform to drawings and specifications approved by the Council.
8. Any required buffer or screening area shall be so constructed as
to keep the beam of automobile headlights from shining into abutting
residential properties.
9. There may be one permanent, detached, non - flashing identification
sign of a pedestal type which shall conform to the conditions of the special
use permit. No part of the sign shall overhang the property line.
10. The following activities are prohibited:
a. Body work, painting, and major motor or major transmission
repair.
b. Vehicular parking, except that owners' and employees'
automobiles and a maximum of three service vehicles may
be parked, and automobiles being serviced may be parked
for a maximum period of 48 hours at any one time.
c. Sale or vending of items other than automotive fuels,
lubricants or automobile parts and accessories (except
I
f 35 -413 (continued)
the vending of soft drinks, candy, cigarettes, and other
incidental items within the principal building for convenience
of customers), the renting of trailers or other equipment, and
other uses, unless they are specifically approved by a special
use permit.
11. The lawful use of land for any automobile service station
existing at the time of the adoption of this ordinance may be continued,
even if such use does not conform to the above regulations, provided
that the use is made to conform to all sections except 1, 2 , 3, and 4
within twelve months of the date the ordinance was adopted. Paragraph
3 of Section 35 -413 shall apply to all exterior additions or alterations,
Including accessory buildings and signs, from the date the ordim nce
was adopted.
12. The owner or lessee shall be jointly and severally responsible
for seeing that the above regulations are observed. )
( Section 35 -420. ENCROACHMENTS. For the purpose of this ordi-
nance the following shall not be considered as encroachments on yard set-
back requirements:
1. In any yards: Off Street open parking spaces; terraces;
awnings; canopies; or steps, not exceeding ten percent of
the area of the yard; chimneys; flag poles.
2. In side and rear yards: Fences, hedges, or walls not
exceeding six feet in height. However, in a corner lot no
obstruction higher than three feet above curb level shall
be located within twenty feet of the lot corner formed by any
two streets.
3. In rear yards: Recreational and laundry drying equipment;
arbors and trellises; balconies limited to 15 per cent of the
yard area; breezeways; open porches; detached out-
.1
door living rooms. )
J%
rcc mavArs vx
( Section 35 -421. VISIBILITY AT INTERSECTIONS IN RESIDENTIAL
DISTRICTS. On a corner lot in any residental district, nothing shall be
erected, placed, planted, or allowed to grow in such a manner as materially
to impede vision between a height of two and half and ten feet above the
centerline grades of the intersecting streets in the area bounded by the
street line of such corner lots and a straight line Joining points along
such property lines fifty (50) feet from the point of intersection, )
L
Ordinance No. 68 -10
( Section 35 -601. SUB - STANDARD LOTS.
1. Any lot which was held in a single ownership of record on April 4,
1940, the date on which the Village of Brooklyn Center first adopted a zoning
ordinance, and which does not meet the requirements of this ordinance as to area,
width, or other open space, may nevertheless be utilized for single - family detached
dwelling purposes provided the measurements of such area, width, or open space are
within 70 per cent of the requirements for them under the terms of this ordinance.
2. Where two or more contiguous vacant lots are held in single ownership
within a subdivision which was duly recorded prior to April 4, 1940, which lots
are individually not of the required minimum area or width for the district in which
they are situated, no special exception shall be required for the issuance of building
permits if such lots shall be developed in groups or fractions thereof, as single lots,
to provide the minimum lot frontage and area required for each structure. The purpose
of this provision is to permit utilization of isolated recorded lots which lack adequate
width or area, as long as reasonable living standards can be provided; and to widen
substandard -sized vacant lots wherever practicable so that they will be in harmony
with the existing or projected character of the neighborhood in which they are situated.)
( Section 35 -602. DRAINAGEWAYS. No obstruction, diversion, bridging, or
confining of the existing channel of any natural water way in the Village of Brooklyn
Center through which surface water in time of storms naturally flows upon or across
the land shall be permitted without special permit. Before granting a special permit,
the Village Council shall first find that the obstruction, diversion, bridging, etc., will
• carry the amount of water usually likely to flow. The right is reserved to the Village
of Brooklyn Center as an incident of the development of the Village, including the
construction of streets and gutters, ditches, etc., to cause considerable increases
or decreases in the amount of water which would in a state of nature flow into and
through such natural water channels. )
(Section 35 -603. FRONTAGE ON A PUBLIC ROAD. A building permit shall
only be issued for lots which front upon a public road at least 60 feet in width;
provided, that in the case of a park plat, service road, or other special road develop-
ment, the road may be of such lesser width as is equal to the maximum width•of the
road as established by existing plans accepted or approved by the Village Council.
Where there is no such existing public road, a permit may be issued only if the
applicant shall have conveyed to the Village of Brooklyn Center, and the Village
Council shall have accepted a 60 -foot strip (or such lesser width as equals the
planned road) of land running the width of the applicant's property for road purposes.
If the applicant does not own the full road width he shall convey so much thereof
as he owns but in no event less than one -half of the planned road. The Village
Council shall accept said conveyance if it conforms to existing street plans and if —
the applicant shall first grade and surface said street in accordance with the
requirements for grading and surfacing of streets as set forth in the Platting Ordinance
of the Village of Brooklyn Center. The applicant may have such building permit issued
prior to such grading and surfacing with the approval of the Village Council if he
shall post bond sufficient to cover the cost of completion of the street and if he shall
have deposited with the Village of Brooklyn Center Council a deed of conveyance for
said strip of land. If the applicant shall fail to grade and surface within the time
set in the bond, the Village of Brooklyn Center may proceed to have such improve-
ment made and shall be reimbursed from such bond.)
Ordinance No. 68 -10
( Section 35 -604. BUILDINGS. In single family residence districts every
building hereafter erected or structurally altered shall be located on a lot, and
in no case shall there be more than one principal building on one lot. The words
"principal building" shall be given their common, ordinary meaning; in case of
doubt, or on any question of interpretation the decision of the Building Inspector
shall be final.
1. No accessory building, unless an integral part of the principal building,
shall be erected, altered, or moved within eight feet of the principal building.
2. Accessory buildings ,may not be erected upon the side yard adjacent
to the street of a corner lot or that of a reversed corner lot, nor upon the rear
yard of a through lot.
3. No accessory building shall exceed 15 feet in height.
4. No basement, cellar, garage, tent, trailer or accessory building shall
at any time be used as a residence or dwelling, temporarily or permanently. )
( Section 35 -620. OFF STREET LOADING. In connection with any structure
which is to be erected or substantially altered and which requires the receipt or
distribution of materials or merchandise by trucks or similar vehicles, there shall
be provided off - street loading space on the basis of the following minimum require-
ments:
1. Minimum Number of Berths Required:
a. For retail commerce, wholesale commerce, manufacturing
and warehousing:
Square feet of aggregate Minimum required
cross floor ,area number of berths
Under 8, 000 1
8,000 to 25,000 2
25,000 to 40,000 3
40,000 to 100,000 4
100,000 to 250,000 5
Each additional 200,000 1
b. For other uses:
Space adequate for the convenience and uncongested loading
and unloading of materials.
2. Location:
All loading berths shall be twenty -five (25) feet or more from
the intersection of two (2) street right -of -way lines. Loading
berths shall not occupy any yard requirements bordering a street.
3. Size:
Unless otherwise specified the :first berth required shall not be
less than twelve (12) feet in width and fifty (50) feet in length.
Additional berths shall be not less than twelve (12) feet in width
35 -620 (continued)
Ordinance No. 68 -10
3. (continued)
and twenty -five (25) feet in length. All loading berths
i shall maintain a height of fourteen (14) feet or more.
4. Access:
Each loading berth snail be located with approximate means of
access to a public street or alley in a manner which will least
interfere with traffic.
5. Accessory Uses:
Any area allocated as a required loading berth or access drive
so as to comply with the terms of this ordinance shall not be
used for storage of goods, inoperable vehicles nor be included
as a part of the area necessary to meet the off - street parking
area.)
( Section 35 -701. OFF - STREET PARKING REQUIREMENTS. Off - street
parking and loading space shall be provided in all districts in accordance with
the requirements of Section 35 -705. These requirements shall apply only to
structures erected or expanded after passage of this ordinance, provided that
the amount of off - street parking provided for any existing use shall not be
reduced, except in accordance with this ordinance. There shall be no off - street
parking within fifteen (15) feet of any street right -of -way. Off - street parking
in an R -1 or R -B district may include not more than one commercial vehicle of
• twenty -five (25) feet or less in length per dwelling unit, if used by the occupant
of the premises for transportation to and from his job. It shall be parked off -
street on a space adequate for its storage as set forth in this section. )
( Section 35 -702. ACCESS TO PARKING SPACE. There shall be adequate
provision for ingress and egress from each single car space. Access to off - street
parking areas shall be restricted to driveways 30 .feet or less in width, no two
driveways on any particular parcel of land in a business or industrial district
being closer than 100 feet apart.)
( Section 35 -703. LOCATION. All accessory off - street parking facilities
required herein shall be located as follows:
1. Spaces accessory to one and two - family dwellings on the same lot
as the principal use served.
2. Spaces accessory to multiple- family dwellings on the same lot as
the principal use served or within 400 feet of the main entrance to the principal
building served.
3. Spaces accessory to uses located in a Business or Industrial District
within 800 feet of a main entrance to the principal building served.
4. Wherever required parking facilities are on adjacent lots, the total
area shall be resubdivided in order to place building and parking on one parcel
of land.)
Ordinance No. 68 -10
( Section 35 -704. MINIMUM PARKING SPACES REQUIRED:
Residence:
• One and two family dwellings:
1 space per dwelling unit.
Townhouse /garden apartment:
2 spaces per dwelling unit.
Multiple family dwellings:
2 spaces per dwelling unit.
Commerce:
Eating and Drinking Places:
1 space for every two (2) seats (Parking spaces for "drive -in"
customers not to be included as a part of the required off - street
parking area).
Automobile Service Stations:
3 spaces for each enclosed bay plus one space for each day
shift employee plus a minimum of two spaces for service
vehicles and one additional space for each service vehicle
over two in number.
Other Retail Stores or Centers:
11 spaces for the first 1,000 square feet of gross floor area:
9 spaces for each 1,000 square feet of area in excess of 1,000
. square feet, but not exceeding 30, 000 square feet; 7 spaces
for each 1,000 square feet of area in excess of 30,000 square feet
but not exceeding 300,000 square feet, 5 spaces for each 1,000
square feet of area exceeding 300, 0b square feet.
Motels:
1 space for each unit plus one space for each employee on any
one shift. ,
Bowling Alley:
7 spaces for each alley.
Medical and Dental Clinics:
3 spaces for each doctor or dentist plus one space for every two
employees or 1 space for each 150 square feet of gross floor
area, whichever requirement is the greater.
Other commerce excluding wholesale (service establishments,
business and professional offices except medical and dental clinics):
1 space for each 200 square feet of gross floor area.
Industry and Wholesale:
1 space for every 2 employees based upon maximum planned employment
s during any work period, or 1 space for each 800 square feet of floor
area, whichever requirement is greater. In the event the latter
requirement is greater, adequate land area shall be provided for the
required off - street parking area but usable space need only be pro-
vided according to the employee ratio.
Ordinance No. 68_10
35 -704 (continued)
Public and Semi- Public:
Places of public assembly such as churches, theaters, auditoriums
(other than school) mortuaries, stadiums, arenas, and dance halls:
1 space for every 3 seats.
Rest homes, nursing homes, sanitariums and homes for the aged and
for children:
1 space for every 4 beds plus I space for every 2 employees and
1 space for each staff doctor.
Hospitals:
1 space for every two beds plus one space for every 2 employees
and 1 space for each staff doctor.
School Auditoriums and Gymnasiums:
1 space for every 6 seats.
Schools; elementary and junior high (excluding auditoriums and
gymnasiums):
1 space for each classroom plus 1 space for each 50 student capacity.
Schools: senior high through college (excluding auditoriums and
gymnasiums):
1 space for each 2 faculty members or other employees plus
1 space for each 10 student capacity.
Uses not covered by this list:
Spaces as required for the most similar: use or determined by
the Planning Commission.)
( Section 35 -705. MINIMUM PARKING STANDARDS.
The following minimum parking standards are hereby adopted for all zones:
Space 2 Space lengths Plus 1 Center Aisle
Angle Width Curb to Curb Curb Overlap
90 8'8" 63 - - --
60 9 60 55
45 9 52 46
30 9 46 38
0 (parallel) 8 24'0 "(1 space length - --
An accurate dimensional parking layout which complies with the foregoing shall
be submitted prior to any construction and the parking arrangement shall there-
after comply with such layout.)
•
Ordinance No. 68 -10
( Section 35 -707. PLAN APPROVAL. Every person, before commencing the
construction or major alteration of a structure, except one and two family dwellings
and buildings accessory thereto, shall make application for plan approval from
the City Council. Plan approval may be required in conjunction with special use
permit consideration. The following rules shall govern application for plan approval:
1. Procedures:
(a) A "Plan Approval" application shall be initiated by the affected
property owner or his authorized agent. The applicant shall fill out and submit
to the Secretary of the Planning Commission a "Plan Approval" application, copies
of which are available at the municipal offices, together with a fee of $5.00. The
application shall be filed with the Secretary of the Planning Commission at least
fourteen (14) days prior to the next regular meeting of the Planning Commission.
(b) The Secretary of the Planning Commission shall refer the matter
to the Planning Commission by placing the application upon the agenda of the
Commission's next regular meeting; provided, however that the Secretary may,
with the approval of the Chairman of the Commission, place the application on
the agenda for a special meeting of the Planning Commission.
(c) The Planning Commission shall report its recommendations to the
City Council not later than sixty (60) days following the date of referral to the
Commission. The date of referral is defined as the date upon which the applica-
tion is first considered by the Planning Commission.
• (d) The application and recommendation of the Commission shall
be placed on the agenda of the City Council within eighteen (18) days following
the recommendation of the Planning Commission, or in the event the Commission
has failed to make a recommendation, within seventy -eight (78) days of the date
of referral to the Commission.
(e) The City Council shall make a final determination of the
application within forty -eight (48) days of the recommendation by the Planning
Commission, or in the event the Commission has failed to make any recommenda-
tion, within one hundred and eight (108) days of the date of referral to the
Commission.
(f) The applicant or his agent shall appear at each meeting of the
Commission and the City Council to answer questions regarding the maps,
drawings, plans and to furnish such information as may be required.
(g) The Secretary of the Planning Commission, following the
Commission's action upon the application, and the City Clerk, following the
City Council's action upon the application, shall give the applicant a written
notice of the action taken. A copy of this notice shall be kept on file as a part
of the permanent record of the application.
i 2. Required Documents:
Concurrent with filing application for plan approval, the applicant shall
submit, as required, to the secretary of the Planning Commission the following
documents and information:
Ordinance No. 68 -10
35 -707 (continued)
(a) A survey drawing by a registered land surveyor showing pertinent
existing conditions, accurately dimensioned.
(b) A complete set of preliminary architectural drawings prepared by a
registered architect showing:
, (i) A scaled and dimensioned site plan indicating parking
layout including access provisions, designation of
possible locations of accessory buildings, landscaping,
including trees and shrubbery with indication of species,
planting, size and location.
(ii) Fences or walls or other screening including height and
type of material.
(iii) Lighting standards, type and location.
(iv) Curbs
(v) Building floor plans, elevations, sections and outline
specifications, including materials proposed.
(vi) Proposed land elevations, drainage provisions, and
• utility provisions as may be required.
3. Conditions and Restrictions:
The Planning Commission may recommend and the City Council may
impose such conditions and restrictions as deemed necessary to protect the
public interest and to secure compliance with the requirements of the ordinance.
The conditions may include the execution and submission of a Performance Agree-
ment with a supporting financial guarantee that the subject property will be con-
structed and developed in conformance with the plans, specifications and
standards.)
( Section 35 -710. SCREENING. All open off - street parking areas having
more than six parking spaces shall be effectively screened from any adjacent
residential lots by a densely planted hedge at least four feet high or by a solid
wall or solid fence at least four feet high. Such hedge, wall or fence shall in no
case exceed six feet in height. The screening shall not be within 15 feet of a street.)
( Section 35 -711. SURFACING. All open off - street parking area shall be
improved with a minimum of durable, oil stabilized surface, and shall be so
graded and drained as to dispose of all surface water. Drainage shall not be
across sidewalks or driveways and drainage plans must be approved by the
City Engineer.)
(Section 35 -712. LIGHTING. Any lighting used to illuminate an off -
street parking area shall be so arranged as to deflect the light away from
adjoining premises in any residence district.)
Ordinance No. 68 -10
( Section 35 -720. JOINT FACILITIES. Required parking facilities serving
two or more uses may be located on the-same lot or in the same structure pro-
vided that the total number of parking spaces furnished shall not be less than
the sum of the separate requirements for each use.
The City Council may approve the joint use of parking facilities by the
following uses or activities under the following conditions:
1. Up to 50 percent of the parking facilities required for a theater,
bowling alley, dance hall, bar or restaurant may be supplied by the off - street
parking facilities provided by types of uses specified under No. 4 below as
primarily daytime uses.
2. Up to 50 per cent of the off - street parking facilities required for
any use specified under No. 4 below as primarily daytime uses may be supplied
by the parking facilities provided by the following night -time or Sunday uses:
Auditoriums incidental to a public or parochial school, churches, bowling alleys,
dance halls, theaters, bars or restaurants.
3. Up to 100 per cent of the parking facilities required by this
section for a church or for an auditorium incidental to a public or parochial
school may be supplied by the off - street parking facilities provided by uses
specified under No. 4 below as primarily daytime uses.
4. For the purposes of this section the following uses are considered
• as primarily daytime uses: Banks, business offices, retail stores, personal
service shops, household equipment or furniture shops, clothing or shoe repair
or service shops, manufacturing, wholesale and similar uses.
5. Conditions required for joint use:
a. The building or use for which application is being made
to utilize the off - street parking facilities provided by another
building or use shall be located within :800 feet of such parking
facilities
b. The applicant shall show that there is no substantial
conflict in the principal operating hours of the two buildings
or uses for which joint use of off - street parking facilities is
proposed.
c. A properly drawn legal instrument, executed by the
parties concerned for joint use of off - street parking facilities,
duly approved as to form and manner of execution by the Village
Attorney, shall be filed with the Village Clerk.)
Section 35 -721. DETERMINATION OF AREAS. For purposes of
determining required parking spaces, "Floor- Area" shall be the gross floor area
• of the building devoted to a use or uses, less any floor area .devoted primarily
to storage including parking areas, but including incidental storage space
located within selling or working areas. Basement space shall not be included
in "Floor Area" unless used for retail or comparable service to the public and
accessible to the public.
Ordinance No. 68 -10
35 -721 (continued)
When application of the regulations for determining required off - street
parking spaces results in a requirement of a fractional space, any fraction up to
and including one -half shall be disregarded, and fractions over one -half count
as one additional parking space.)
( Section 35 -810. SINGLE FAMILY RESIDENCE DISTRICT (R -1) BOUNDARIES.
For the purpose of the ordinance and for no other purpose, all of the incorporated
territory of the Village of Brooklyn Center within the County of Hennepin is hereby
R -1 trict
established as, and placed in, the Single Family Residence District (R-1), excepting
p g
therefrom such portions of such territory specifically placed in and established as
some other district.)
( Section 35 -815. RESIDENCE - BUSINESS DISTRICT (R -B) BOUNDARIES.
Residence - Business Districts (R -B) are established as follows:
All of Blocks 5, 6 and 7, Lakebreeze Addition.
The North 110.02 feet of the east 142.6 feet of the Northwest Quarter (NW 1/4)
of the Northeast Quarter (NE 1/4) of Section 10, Township 118 , Range 21.
The West 1/2 of the East 15 acres of the Northwest Quarter (NW 1/4) of the
Northeast Quarter (NE 1/4) of Section 10, Township 118, Range 21.
All that part of the following described parcel of land located in Section 10,
• Township 118, Range 21, as follows: Commencing at the Northwest corner of
the East 7.5 acres of the Northwest Quarter (NW 1/4) of the Northeast Quarter
(NE 1/4); thence South to the Southwest corner thereof; thence East to the
Southeast corner thereof; thence North to a point 110.02 feet South from the
Northeast corner thereof: thence West 142.6 feet; thence North 110.02 feet;
thence West to point of beginning, except State Highway 100.
That part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4)
of the Northeast Quarter (NE 1/4) lying East of the West 165 feet thereof and
Northwesterly of State Highway, Section 10, Township 118, Range 21.
The North 518 feet of the Northeast Quarter (NE 1/4) of the Northeast Quarter
(NE 1/4), West of Road, except Road and State Highway, Section 10,
Township 118, Range 21.
That part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4)
lying Northwesterly of State Highway 100 and South of the North 518 feet of
the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 10,
Township 118, Range 21.
The North 476 feet of the Northeast Quarter (NE 1/4) of the Northeast Quarter
(NE 1/4) east of Road, except Road and State Highway of Section 10, Township
118, Range 21.
All that part of the following described parcel of land located in Section 10,
Township 118, Range 21, as follows:
Ordinance No. 68 -10
35 -815 (continued)
Commencing at a point 476 feet south and 478.55 feet west of the
Northeast corner of Section; thence south 141 feet; thence west 169.93
feet to center line of County Road # 4; thence Northwesterly along said
Road 149.25 feet; thence East 220.40 feet to point of beginning, except
Road.
All that part of the following described parcel of land located in Section 10,
Township 118, Range 21, as follows:
Commencing at a point 476 feet South from the Northeast corner of
Section,, thence West 478.55 feet; thence South 141 feet; thence
West 169.93 feet to center line of County Road # 4; thence south-
easterly 55.15 feet; thence East to West line of the East 165 feet
of the Northeast Quarter (NE 1/4); thence North 109.42 feet; thence
East 165 feet; thence North to point of beginning, except road.
The south 280.78 feet of the North 945.63 feet of the Northeast Quarter (NE 1/4)
of the Northeast Quarter (NE 1/4) lying East of County Road # 4 and West of the
East 165 feet of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4)
of Section 10, Township 118, Range 21. --
Lot 27, Auditor's Subdivision No. 216.
Lot 44 and 45, Auditor's Subdivision No. 216.
Lots 5 and 6, Auditor's Subdivision No. 218.
Lot 11, Block 2, Bellvue Acres.
That area included in the following described boundaries:
Beginning at the intersection of the center line of the Osseo Road
and the South line of Lot 5, Block 1, Sunset Manor extended; thence
Southwesterly along the South line of Lot 5 extended a distance
of 183'; thence Northwesterly parallel to Osseo Road to the South
line of Lot 3, Block 1, Center Brook Addition; thence Westerly to
the Southwest Corner of said Lot 3; thence Northwesterly to the North-
west corner of said Lot 3; thence Northeasterly along the North line of
said Lot 3 extended to the center line of Osseo Road; thence North -
westerly along the center line of Osseo Road to its intersection with
the North. line of Lot 24, Auditor's Subdivision # 57 extended; thence
Easterly along said North line of Lot 24 extended to center line of
Noble Avenue North; thence North along said center line to its inter-
section with the North line of Hoppe's 1st Addition extended; thence
Easterly to the Northeast corner of Hoppe's 1st Addition; thence
Southerly along the East line of said Hoppe's 1st Addition to a point
distant 150 feet at right angles from Osseo Road; thence Southeasterly
parallel to and 150 feet distant from Osseo Road to the North line of
Lane's Brooklyn Center Addition; thence Westerly along the North line
of said Lane's Brooklyn Center Addition extended to the center line of
Osseo Road; thence Southeasterly along said center line to the point
of beginning.
Ordinance No. 68 -10
Section 35 -815 (Continued)
That area included in the following described boundaries:
Commencing at a point in the West line of Lot 55, Auditor's Subdivision
No. 218 distant 150 feet North of the Southwest corner of said Lot 55;
thence East parallel to the South line of said Lot 55 a distance of 135
feet; thence North parallel to the West line of Lots 55 and 56, Auditor's
Subdivision No. 218 to the South line of Lot 57, Auditor's Subdivision
No. 218; thence East to a point 150 feet West of the Southwest corner
of said Lot 57; thence North parallel to the West line of said Lot 57
to the Southeast right -of -way line of State Highway 100; thence South -
westerly along said right -of -way to the West line of said Lot 57; thence
South along the West line of Lots 57, 56 and 55 to the point of beginning.
The North 225 feet of the West one -half of Lot 57, Auditor's Subdivision No.
218, except road.
The North 96' of that portion of Government Lot No. 3, bounded on the West
by Trunk Highway 100, on the North by 48th Avenue North and on the East
by France Avenue North. 4_ 5
The Westerly 160 feet of the North 307.6 feet of Lot 40, Auditor's Subdivision
No. 216.
All of Ryan Lake Addition. - 62 "
Lot 16, Block 2, Twin Lake Woods second Addition. __4 a1. 6�z
The North 525.145 feet of the East 328.'25 feet of the N.E. 1/4 of the N.E.
1/4 Section 35, Twp. 119, except the North 228 feet of the East 225 feet
thereof.
That part of Lot 2, Block 10, Northgate Addition lying Easterly of a line
running North from the Northwest corner of Lot 1, and parallel with the
West line of Osseo Road. - 6 16 64
Lot 48, Auditors Subdivision #309 except the South 152 feet of the West
155 feet thereof. -6 `t -"
That part of Lots 5, 6, and 7, Block 1, Olson's Island View Terrance Addition
lying South of the North 25 feet of said Lot 7, lying Easterly of the following
• h
described line. Beginning at a point in the you th line of the North 25 feet of
said Lot 7 distant 100.0 feet West of the intersection of said South line of
the North 25 feet and the Easterly line of said Lot 7; thence Southwesterly
to a point in the South line of said Lot 5 distant 10 feet West of the Southeast
Corner of said Lot 5 and there terminating; and the North 75 feet of the East
158.9 feet of the West 311.9 feet of Lot 15, Auditors Subdivision #310.
6 !;
The North 170 feet plus the East 180 feet lying south of said 170 feet of the
North 310.19 feet of the South 330.72 feet of Lot 18, Auditor's Subdivision
No. 25, except T.H. #162 right -of -way. Q. k7' 9-&--
Lot 1, Block 2, Northtown Plaza First Addition. 5 Efl
Ordinance No. 5$ -10
Section 35 -815 (continued)
That part of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition, lying
north of a line drawn parallel with and 138 feet north of the south line of
Lot 4, measured at right angles, except State highway
Tracts B & C Brooklane Addition .
Any and all property contained within Parcels 2800, 3000, 3400 and 5000,
Auditor's Subdivision No. 57 shall be excluded from this section.)
(Section 35 -816. MULTIPLE FAMILY RESIDENCE DISTRICT (Town House -
Garden Apartments) (R -3)
The multiple family residence district (R'=3) boundaries are as follows:
That part of the Northwest 1/4 of Section 35, Township 119, Range 21,
described as follows: Beginning at the point of intersection of the West line of
said section with the center line of the West bound lane of U.S. Highway No. 694;
thence Southeasterly along said center line to a point therein distant 3454.93 feet
Northwesterly, measured along said center line from the point of beginning of Line
"A", hereinafter described; thence Northeasterly deflecting to the left 89
• distance of 701.36 feet; thence Northerly on a tangential curve to the left with
• radius of 745.76 feet a distance of 296.48 feet; thence Northerly in a straight
line, tangent to last described curve, to aforesaid Line "A ", thence Northwesterly
• along said Line "A" to the West line of said section; thence South along said
section line to the point of beginning EXCEPT that part lying with the right of way
of U.S. Highway No. 694.
Description of Line "A ":
Commencing at the East quarter corner of Section 35, Township 119, Range
21; thence South along the East line of said section 35, a distance of 1235.41
feet; thence Westerly deflecting to the right 88 ", a distance of 500.96 feet;
thence Northwesterly deflecting to the right 27 , a distance of 1447.67 feet to
the actual point of beginning of the line to be described; thence at a right angle
Northeasterly 930 feet; thence Northerly on a tangential curve to the left, with a
radius of 663.32 feet, a distance of 295.03 feet; thence North in a straight line,
tangent to last described curve a distance of 535 feet; thence Northerly, North-
westerly and Westerly on a tangential curve to the left, with a radius of 848.82
feet, a distance of. 1283.09 feet; thence Westerly in a straight line, tangent to
last described curve, a distance of 1580 feet to a point designated as and here-
inafter referred to as Point "X "; thence continuing Westerly along last described
course a distance of 861.56 feet; thence Northwesterly along a tangential curve
to the right, with a radius of 483.7 feet, a distance of 290.9 feet; thence North-
westerly in a straight line, tangent to last described curve, to the West line of
said Section 35 and there terminating.
The East 1/2 of Lot 2, the West 1/2 of Lot 1, and the North 4/5 of the
East 1/2 of Lot 1, all of Mendenhall's Outlots .
Lot 1, Block 1, DEMAC Addition.
That part of the Northeast 1/4 of the Northeast 1/4 of Section 34, Tract 119,
Range 21, lying southerly of the centerline of 69th Avenue North and northerly and
easterly of Eisen's City View Second and Third Additions.)
Ordinance No. 68 -10
(Section 35 -817. MULTIPLE FAMILY RESIDENCE DISTRICT (WALK UP
2 1/2 story) R -5).
Lot 2, Block 2, Northtown Plaza First Addition
Lot 1, Block 2, Farr's First Addition
The North 508.0 feet of the South 713.0 feet of the East 1/4 of the
Southeast 1/4 of the Southeast 1/4 of Section 26, Township 119, Range 21,
Hennepin County, Minnesota, as measured along the west line and parallel
to the south line thereof.
The West 120.0 feet of the South 205.0 feet of the East 1/4 of the
Southeast 1/4 of the Southeast 1/4 of Section 26, Township 119, Range 21,
Hennepin County, Minnesota, as measured along and parallel with the west
and south lines of said East 1/4.
Lot 2, Block 1, Replat of Part of Block 1, Olson's Island View
Terrace Addition.
Lot 3,4, 5 and 6, Block 1, Hi Crest Square Addition.
Block 2, Hi Crest Square Addition.
• Block 3, Hi Crest Square Addition.
Lot 6, Mendenhall's Outlots, Section 36, Township 119,
Range 21.
Lot 1, Block 1, Twin Cities Interchange Park Addition.
Parcels 2800, 3000, 3400 and 5000, Auditor's Subdivision No. 57.)
(Section 35 -818. MULTIPLE FAMILY RESIDENCE DISTRICT (HIGH RISE) (R -7)
The multiple family residential district (R -7) boundries are established
as follows:
That part of the North 1/2 of Section 2, Township 118, Range 21, and
of the South 1/2 of Section 35, Township 119, Range 21, described as follows:
Commencing at the Northeast corner of Lot 32, Auditor's Subdivision Number
218, Hennepin County, Minnesota, thence West along the North line of said
Lot 32, a distance of 820 feet; thence Northeasterly deflecting to the right
166 ", a distance of 600 feet to the actual point of beginning of the tract
of land to be described; thence continuing Northeasterly along last described
course 2155 feet; thence at a right angle Northwesterly 320 feet; thence North-
westerly, Westerly and Southwesterly along a tangential curve to the left, with
a radius of 450 feet, a distance of 706.86 feet; thence Southwesterly in a straight
line, tangent to last described curve, a distance of 390 feet, thence Southwesterly
Ordinance No. 68 -10
Section 35 -818 (continued)
on a tangential curve to the left, with a radius of 1232.99 feet, a distance of
588.56 feet; thence Southerly in a straight line, tangent to the last described
curve a distance of 722.74 feet; thence Southerly and Southeasterly along a
tangential curve to the left, with a radius of 197.17 feet; a distance of 215.6
feet; thence Southeasterly in a straight line, tangent to the last described
curve, a distance of 125 feet to the actual point of beginning.
Any and all property contained within Lot 2, Block 4, Twin Cities
Interchange Park Addition, shall be excluded from this Section.)
I
(Section 35 -820. LOCAL BUSINESS DISTRICT (B -1) BOUNDARIES.
Local Business Districts (B -1) are established as follows:
All that part of Lots 11 and 12, Auditor's Subdivision No. 25, Hennepin County,
Minnesota, lying South of a line that is parallel to the South line of said Lot 12
and 690 feet North of, measured at right angles to said South line; and lying
West of the East line of the Northwest quarter (NW 1/4) of the Southeast quarter
(SE 1/4). Except that portion taken for 63rd Avenue North on the South side
theredand that portion taken for Osseo Road or State Highway No. 152 on the
Southwesterly side thereof.
• Tract B and that part of Tract C lying North of the South 275 feet thereof
Registered Land Survey No. 761 except that part of the North 35 feet of the
South 310 feet of Tract C lying East of a line drawn North at right angles to
the South line of said Tract C from a point on the South line 251.27 feet
West from the Southeast corner of said Tract C.
A strip of land 150 feet wide on each side of Lyndale Avenue North beginning
at the North Village Limits to Brooklyn Center and extending on the East side
South 210 feet and on the West side South 411.45 feet.
East 1/2 of Lot 12, Lyndale Riverside Acres
Lots 24, 25, and 26, Garcelon's Addition
East 67.78 feet of Lot 10, Block 4, Bellvue Acres
Lots 27, 28, 29 and 30, Block 2, Fairhaven Park
Lot 52, Auditor's Subdivision No. 218
Lot 1, Block 1, Ryden's 1st Addition
North 200 feet of Lot 35, Auditor's Subdivision No. 218
Spanjer's Addition
That part of Lot 61, Auditor's Subdivision No. 218 lying South and East of
Highway 100 and West of Spanjer's Addition
Lots 1 and 2, Block One, Hi Crest Square Addition)
Ordinance No. 68 -10
(Section 35 -830. REGIONAL BUSINESS DISTRICT (B -2) BOUNDARIES.
Regional Business Districts (B -2) are established as follows:
Lots 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58, Auditor's
Subdivision No. 216.
Lots 7, 8, 9, 10, and 11, Auditor's Subdivision No. 218.
That part of Lots 12, 13, 14, 15 and 16, Auditor's Subdivision No. 218, lying
North and West of Highway No. 100.
Lot 2, Block 1, Ewing Lane Addition
Lot 1, Block 1, Ewing Lane Addition
That part of the North 310.19 feet of the South 330.72 feet of Lot 18, Auditor's
Subdivision No. 25, lying south of the North 170 feet and west of the East
180 feet thereof except T. H. #152 right -of -way.
That part of Tract G, Registered Land Survey 936, lying East of Shingle Creek,
Hennepin County, Minnesota.
Lot 2, Block 1, Twin Cities Interchange Park Addition.
• Tracts A, B and C. Registered Land Survey No. 1161.
Parcel 3620, Auditor's Subdivision No. 218.)
Ordinance No. 68--10
( Section 35 -840. GENERAL BUSINESS DISTRICTS (B -3) BOUNDARIES.
General Business Districts (B -3) are established as follows:
Lot 17, Auditor's Subdivision No. 310
That part of Lot 16, Auditor's Subdivision No. 310, lying West of a line which
intersects the Forth line of said lot 232 feet, more or less, Easterly from the
Northwest corner thereof and intersects the South line at a point 280 feet, more
or less, Easterly of the Southwest corner thereof
The Easterly four hundred eighty -six and three tenths (486.3) feet of the
Westerly five hundred six and three tenths (506.3) feet (measured along the
north and south lines of the lots hereinafter described) of the following described
property: Lot seven (7), Mendenhall's Outlots, and the North one and three -
fourths (1 3/4) acres of that part of Government Lot Three (3), Section Thirty -
six (36), Township One Hundred Nineteen (119), Range Twenty One (21), lying
South of the South line of Lot Seven (7), in Mendenhall's Outlots.
That part of Section 36, Township 119, Range 21, described as follows:
Commencing at a point 905.0 feet North and 112.5 feet West of the center
line intersection of Trunk Highway No. 100 and Trunk Highway No. 169; thence
Westerly 635.95 feet parallel with the North Line of the Northeast Quarter
(NE 1/4) of the Southwest Quarter (SW 1/4) of said section; thence Southerly
at a deflection angle to the left of 9 4 5' a distance of 701.5 feet; thence
Northeasterly at a deflection angle to left of 122 a distance of 612.65 feet;
thence Northeasterly at a deflection angle to left of 35 a distance of
307.69 feet; thence Northerly 30.00 feet to the point of beginning, containing
• 6.54 acres.
That part lying East of the ;nest 506.3 feet of that part of Government Lot 3
corresponding to Lot 7, Mendenhall's Outlots and of the North 1 3/4 acres of
that part of said Lot 3 lying Ifi,iest of River Road. and South of the South line of
said Lot 7, except State Highway No. 169, in Section 36, Township 119,
Range 21.
Lots 3 and 4, Gould's RivervievN Addition
=blest 150 feet of Lot 11, Block 4, Bollvue Acres, except the North 43 feet
thereof
Lots 36 and 37, Auditor's Subdivision No. 216
South 20.53 feet of Lot 18 and that part of Lot 17 lying rest of the Vilest line
of the Southeast Quarter (SE 1/4) of the Southeast Ouarter (SE 1/4) of Section 34,
Township 119, Range 21, Auditor's Subdivision No. 25, Hennepin County,
N:innesota .
11 - -3. 57
on
be f " 19 as 6 .
Ordinance No. 68 -10
Section 35 -840 (cor_timed)
Southwest corner of Osseo Road and 63rd Avenue North described as follows:
Beginning at the intersection thereof a distance of 15S feet Southeast on
the Osseo Road; thence West 180 feet; thence North 138 feet; thence
East on 63rd Avenue North 116 feet to the point of beginning
The South 275 feet of Tract C registered Land Survey No. 761; That part of
the North 35 feet of the South 310 feet of Tract C Registered Land Survey
No. 761 lying East of a line drawn North at right angles to the South line
of said Tract C from a point on the South line 251.27 feet West from the
Southeast corner of said Tract C; That part of the SW 1/4 of the NW 1/4 and
the SE 1/4 of NW 1/4 of Section 34, Twp. 119 R 21, described as follows:
Beginning at a point on the South line of Tract C, of said Registered Land
Survey No. 761 distant 251.27 feet West from the Southeast comer of said
Tract C thence South at right angles 68.8 feet more or less to the Northerly
right of way line of U.S. Highway No. 694,, thence East and Northeasterly
along said right of way line to the South line of Lot 4, Auditors Subdivision
No. 25, thence West along the South line of said Lot 4 and the South line of
said Tract C to the point of beginning; The South 183.44 feet of Lot 4
Auditors Subdivision No. 25; Tract A. Registered Land Survey No. 695;
Tracts A. B, C, D, E, F,, & G Registered Land Surrey No. 334. X4--63
A tract of land described as follows:
S Commencing at the Northwest corner of Sunrise Manor, thence East to a
point distant 150 feet at right angles Northeast of the East right -of -way
of Highway No. 152; thence Northwesterly parallel to and 150 feet
from Highway No. 152 to the center line of proposed Indiana Avenue
North; thence North along center line of proposed Indiana Avenue North
to the center line of 69th Avenue North; thence West to a point distant
150 feet at right angles Northeast of the East right -of -way of Highway
No. 152; thence Northwesterly parallel to and 1S0 feet from State
Highway No. 152 to the East line extended of Lot 18, Block 2, Lane's
Brooklyn Center Addition; thence North along said East line extended
to the North line of Lane's Brooklyn Center Addition; thence West along
the North line of Lane's Brooklyn Center Addition to the center line of
Osseo Road; thence Southeasterly along said center line to the North
line extended of Lot 7, Block 1, Sunset Manor, thence Southwesterly
along the North line extended of said Lot 7 to a point distant 150 feet
at right angles Southwest of the Westerly right -of -way of Osseo Road;
thence Southeasterly parallel to and 150 feet from Osseo Road to the
North line of Lot F, Auditor's Subdivision No. 25; thence South to the
Northwest comer of Tract B, Registered Land Survey No. 3S7; thence
East along the Nort'1 line extended of Tract B,, Registered Land Survey
No. 357 to the East right-of-way line of Osseo Road; thence Southeasterly
along the East rignt -of -way line of Osseo Road to the point of beginning.
The northeasterly 50.75 feet of Tract A. R. L. S. 1020 -+9-9 -"
Ordinance No. 68 -10
Section 35 -840 (Continued)
That part of the Northeast Quarter (N.E. 1/4) of the Northeast Quarter
(N. E. 1/4) of Section thirty -five (35) , Township one hundred nineteen (119) ,
Range Twenty -one (21) West in Hennepin County, Minnesota described as
follows: commencing at the point of intersection of the South right -of -way
line of 69th Avenue North and the West right -of -way line of Humboldt Avenue
North; thence South one hundred ninety -five (195) feet along the West right -
of -way of Humboldt Avenue North; thence Westerly parallel to the South line
of 69th Avenue North a distance of one hundred ninety -five (195) feet; thence
Northerly on a line parallel to the West right -of -way line of Humboldt Avenue
North a distance of one hundred ninety -five (195) feet to a point on the South
right -of -way line of 69th Avenue North; thence Easterly along the South right-
of -way line of 69th Avenue North, a distance of one hundred ninety -five (195)
feet to the point of beginning.
Lot 1, Block 1, Brookdale First Addition.
The South 152 feet of the West 155 feet of Lot 48, Auditors Subdivision
#309.
Lot 6, Block 1, Sunset Manor Addition.
That part of Lots 4, 5, 6 and 7, Block 1, Olson's Island View Terrace
. Addition lying South of the North 25 feet of said Lots 4 and 7, lying Easterly
of the Easterly right -of -way line of U.S. Highway No. 169 and lying Westerly
of the following described line: Beginning at a point in the South line of the
North 25 feet of said Lot 7 distant 100.0 feet West of the intersection of the
said South line of the North 25 feet and the Easterly line of said Lot 7; thence
Southwesterly to a point in the South line of said Lot 5 distant 10 feet West of
the Southeast corner of said Lot 5 and there terminating; and the North 75 feet
of Lot 15 lying West of the East 158.9 feet of the West 311.9 feet of Lot 15,
Auditors Subdivision #310. )
Ordinance No. 68 -10
Section 35 -840 (Cont'd)
Tract "A" Registered Land Survey N 910, office of the Registrar
of Titles, Hennepin County, Minnesota, and also that part of Lot
23, Auditors Subdivision No. 25, Hennepin County, Minnesota,
described as follows: Commencing in the center line of State
Highway No. 152, distant 85 feet Southeasterly along said center
line from the North line of said Lot 23; thence Southeasterly along
said center line 80 feet; thence south 69 West 180 feet; thence
Northwesterly parallel with the road 100 feet; thence Northeasterly
to the point of beginning. Also that part of Lot 23, Auditor's Sub-
division No. 25, Hennepin County, Minnesota, described as
follows: Commencing 1508.85 feet East and 182 feet North from
the Southwest corner of said Lot 23; thence East 334 feet; thence
North 69° East 119 feet; thence Northwesterly parallel with the
road 100 feet; thence Northeasterly to a point in the center line of
State Highway No. 152, distant 85 feet Southeasterly from its inter-
section with the North line of said Lot 23; thence Northwesterly along
said center line 85 feet to said North line; thence West 543 feet;
thence South 258.25 feet to the point of beginning; except that part
of the above parcels for State Trunk Highway No. 152, which lies
Northeasterly of a line run parallel with and distant 42 feet South-
westerly of the following described line: From a point on the North
line of Section 3, Township 118 North, Range 21 West, distant
1741.08 feet West of the Northeast corner thereof, run Southeasterly
at an angle of 68 01 minutes, 52.3 seconds with said North section
line for 104.54 feet; thence deflect to the right at an angle of 17° ,
20 minutes, 35.2 seconds, for 536.92 feet to the point of beginning
of the line to be described; thence run Northwesterly along the last
described course for 100 feet; thence deflect to the left on a 2° , 00
minute curve (delta angle 17 , 20 minutes, 35.2 seconds) for 867.16
feet; thence deflect to the left on a 0 15 minute curve (delta angle
P 29 minutes, 54.8 seconds) for 599.42 feet and there terminating.
-Adel h l.,, wf I�aL..�.,�., 3966s
f
Ordinance No. 68 -10
Section 35 -840 (Continued)
Lot 6, Block 2, Northtown Plaza First Addition .
• That part of the South 205.0 feet of the East 1/4 of the
Southeast 1/4 of the Southeast 1/4 of Section 26, Township
119, Range 21, Hennepin County, Minnesota, lying east of
the west 120.0 feet as measured along and parallel with the
west and south lines of said East 1/4. -6 a 6&-
Lot 1, Block 1, Replat of Part of Block One, Olson` s Island
View Terrace Addition ..a -@-•
Lot 2, Block 1, DEMAC Addition
Lot 3, Block 1, DEMAC Addition
Lot 1, Block 1, Shell's Brooklyn Center Addition
Lot 2, Block 1, Shell's Brooklyn Center Addition
Lots 1 through 4, Block 3; and Lots 7 through 10, Block 2,
Sunrise Manor Addition.
Tract B, R.L.S. #370;
That portion of Tract A, R.L.S. # 595 lying west of a line
described by the rear lot lines of properties within Block 2
• of Sunrise Manor Addition, extended to the North line of
Tract A, R. L. S. # 59 5.
Lot 1, Block 1; and Lots 1 through 4, Block 2; Northtown
Plaza Second Addition.
Lot 1, Block 2; Lot 1, Block 3; Lots 1, 2, and 3, Block 4; all in
Twin Cities Interchange Park Addition.) -4-8Q. 00-
Ordinance No. 68 -10
(Section 35 -850. LIMITED INDUSTRIAL DISTRICT (I -1) BOUNDARIES.
Limited Industrial Districts (I -1) are established as follows:
Beginning at the intersection of the South Brooklyn Center Village limits
and France Avenue North; thence North along France Avenue North to the
intersection of France Avenue North and the South line of Lakebreeze
Addition extended; thence West to the Southwest corner of Lot 8, Block 1,
Lakebreeze Addition; thence Southwesterly and westerly along the North
right -of -way line of State Highway No. 100 to the center line of Azelia
Avenue North extended; thence North along center line of Azelia Avenue
North and its extension to the North line of Lakebreeze Addition; thence
West along North line of Lakebreeze Addition to the East shoreline of
Twin Lake; thence Northerly along the East shoreline of Twin Lake to
the South line of Registered Land Survey No. 235; thence East along the
South line of said Registered Land Survey No. 235 and Twin Lake Woods
Addition to the center line of France Avenue North; thence South to a point
distant 183 feet North of the center line of 50th Avenue North; thence East
parallel to and 183 feet North of center line of 50th Avenue North to the
center line of Drew Avenue North; thence Southerly on the extension of
the center line of Drew Avenue North to its intersection with an extension
of the lot line between Lots 27 and 28, Block 4, Brooklyn Manor; thence
Southeasterly along the lot line between Lots 27 and 28, Block 4, Brooklyn
Manor Addition and its extension to the center line of Beard Avenue North;
thence Southwesterly along center line Beard Avenue North to the center
• line of 49th Avenue North; thence Easterly to the intersection of the center
line of 49th Avenue North and the extension of the West line of Lot 11, Block
4, Brooklyn Manor Addition; thence Southerly along said lot line and its
extension to the Southwest corner of said Lot 11; thence Easterly to a point
on the West line of Lot 4, Block 4, Brooklyn Manor distant 150 feet South
of the Northwest corner therof; thence Northerly along the West line of
said Lot 4 to the center line of 49th Avenue North; thence Easterly along
the center line of 49th Avenue North to the East Village limits; thence
Southerly along the East Village limits to the South line of the Soo Line
right -of -way; thence Northwesterly along the Soo Line right -of -way, a
distance of 1044.16 feet; thence South to the South Village limits; thence
West along the South Village limits to the point of beginning, excepting
therefrom all of Ryan Lake Terrace Addition also, excepting Lot 16, Block
2, Twin Lake Woods Second Addition.)
(Section 35 -851. INDUSTRIAL PARK BOUNDARIES (I -2)
Industrial Park District Boundaries (I -2) are established as follows:
The part of the North 1/2 of Section 2, Township 118, Range 21, and
of the South 1/2 of Section 35, Township 119, Range 21, described as follows:
Commencing at the Northeast corner of Lot 32, Auditor's Subdivision Number 218,
Hennepin County, Minnesota; thence West along the North line of said Lot 32,
a distance of 820 feet; thence Northeasterly deflecting to the right 116
a distance of 3166.5 feet; thence Northeasterly in a straight line to the South-
westerly right -of -way line of U.S. Highway No. 694, said straight line .
Section 35 -851 (continued)
Ordinance No. 68 -10
if extended Northeasterly would intersect the point of beginning of Line "A"
hereinafter described; thence Southeasterly and Southerly along said right of
way line to its intersection with the Northwesterly right of way dine of -State
Highway No. 100; thence Southwesterly along the Northwesterly right of way
line of State Highway No. 100 to +its intersection with the East line of aforesaid
Lot 32; thence North along the East fine of said Lot 32 to the point of beginning.
That part of the Northwest 1/4 of Section 35, Township 119, Range 21,
described as follows: Beginning at a point in Line "A", hereinafter described,
distant 330 feet West of Point "X ", hereinafter described; thence Southeasterly
deflecting 70 from East to South from said line "A ", a distance of 350 feet;
thence Southerly deflecting to the right 18 to the center line of the West bound
lane of U.S. Highway No. .694; thence Northwesterly along said center line to
a point therieIndistant 3454.93 feet Northwesterly, measured along said center
line, from the point of beginning of aforesaid Line "A "; thence Northeasterly
deflecting to the right 90 a distance of 701.36 feet, thence Northerly
on a tangential curve to the left, with a radius of 745.76 feet a distance of
296.48 feet; thence Northerly in a straight line, tangent to last described curve,
a distance of 248.74 feet to aforesaid Line "A "; thence Easterly along said Line
"A ", a distance of 480 feet to the point of beginning, EXCEPT that part lying
within the right of way of U.S. Highway No. 694.
That part of Government Lot 1, Section 35, Township 119, Range 21,
• beginning at the Northwest corner of said Section 35; thence South along the
West line of said section to an intersection with Line "A" hereinafter described
thence Southeasterly and Easterly along said Line "A" to a point therein distant
330 feet West of Point "'X'", hereinafter described; thence Northwesterly deflect-
ing to the left 102 to the Southerly line of 69th Avenue North (County Road No.
130); thence Northwesterly along the Southerly line of said 69th Avenue North to
the North line of said Section 35; thence West along the North line of said section
to the point of beginning.
That art of e
I
p Section 35, Township 119, Range 21, described as follows:
Beginning at the intersection of the Northeasterly right of way line of U.S.
Highway No. 694 with Line "A ", hereinafter described; thence Northwesterly
along said right of way line and its Northwesterly extension 760 feet; thence
at a right angle Northeasterly 560 feet; thence Northwesterly deflecting to the
left 69 ", a distance of 200 feet; thence Northeasterly 1141.92 feet to a
point in aforesaid Line "A ", distant 1705.03 feet Northerly, measured along
said Line "A" from the point of beginning of said Line "A "; thence Northerly,
Northwesterly and Westerly along said Line "A" a distance of 2918.08 feet;
thence Northerly deflecting to the right 78 the Southerly line of 69th Avenue
North; thence Easterly along the Southerly line of 69th Avenue North to the West
line of the East 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section
35; thence South along the West line of said East 1/4 to the South line of said
Northeast 1/4 of the
/ Northeast 1/4; the es a the as said South line
/ thence West along last ai
g
to the Northwest corner of the East 1/2 of the Southeast 1/4 of the Northeast
1/4 of said Section 35; thence South along the West line of said East 1/2
of the South line of the North 1/2 of the North 1/2" of the East 1/2 of the South-
east 1/4 of the Northeast 1/4 of said section; thence East along last said South
line to a point therein distant. 300 feet West of the West right of way line of
Section 35 -851 (continued)
Ordinance NO. 68 -10
• Humboldt Avenue North; thence Southerly parallel with the said Westerly right
of way line to the South line of the Northeast 1/4 of said section; thence East
along last said South line to the right of way line of U.S. Highway No. 694;
thence Southerly and Westerly along last said right of way line to the point
of beginning.
Description of Line "A"
Commencing at the East quarter corner of Section 35, Township 119,
Range 24 thence South along the East line of said Section 35, a distance of
1235.41 feet, thence Westerly deflecting to the right 88 ", a distance
of 500.96 feet; thence Northwesterly deflecting to the right 27 a distance
of 1447.6 feet to the actual point of beginning of the line to be described;
thence at a right angle Northeasterly 930 feet; thence Northerly on a tangential
curve to the lef t, with a radius of 663.32 feet, a distance of 295.03 feet;
thence North in a straight line, tangent to last described curve, a distance of
535 feet; thence Northerly, Northwesterly and Westerly on a tangential curve
to the left, with a radius of 848.82 feet, a distance of 1283.08 feet; thence
Westerly in a straight line, tangent to last described curve, a distance of 1580
feet to a point designated as and hereinafter referred to as Point "X" thence
continuing Westerly along last described course a distance of 861.56 feet;
thence Northwesterly along a tangential curve to the right, with a radius of
• 483.7 feet a distance of 290.9 feet; thence Northwesterly in a straight line;
tangent to last described curve, to the West line of said Section 35 and there
terminating.
Lots 31, 32, 33 and 34, Auditor's Subdivision 218, Hennepin County,
Minnesota, except for Brookdale 1st Addition to the City of Brooklyn Center,
Hennepin County, Minnesota.
Lot 2, Block 1, Brookdale 1st Addition and Outlot 2, Brookdale 1st
Addition, the City of Brooklyn Center, Hennepin County, Minnesota.
Any and all property contained within Block 2, 3, and 4, Twin Cities
Interchange Park Addition, shall be excluded from this section.
Any and all property contained within Tracts A, B and C, Registered
Land Survey No. 1161, and Parcel 3620, Auditor's Subdivision No. 218 shall
be excluded from this section.)
Ordinance No. 68 -10
( Section 35 -860. OPEN SPACE DISTRICT BOUNDARIES (0 -1):
Open space district boundaries are established as follows.
That part of the South 1/2 of Section 35, Township 119, Range 21,and of the
North 1/2 of Section 2, Township 118, Range 21, described as follows: Commencing
at the Northeast corner of Lot 32, Auditor's Subdivision Number 218, Hennepin
County, Minnesota; thence West along the North line of said Lot 32, a distance
of 820 feet; thence Northeasterly deflecting to the right 116 a distance
of 2755 feet to the actual point of beginning of the tract of land to be described;
thence continuing Northeasterly along last described course 411.5 feet; thence
Northeasterly in a straight line to the Southwesterly right of way line of U.S.
Highway No. 694; said straight line if extended Northeasterly would intersect
the point of beginning of Line "A" hereinafter described; thence Northwesterly
along said right of way line to an intersection with the Northeasterly extension of
the Easterly line of Brooklyn Drive as platted in Garden City lst Addition (said
line extended being a curved line, convex to the East, with a radius of 1138.16
feet); thence Southwesterly along said line extended and along the Easterly line
of Brooklyn Drive to the most Northerly corner of Lot 1, Block 3 in said addition;
thence Southeasterly along the Northeasterly line of said Lot 1 to the most Easterly
corner of said Lot 1; thence Southwesterly along the Southeasterly line of said
Block 3 and the same extended to the Northeast corner of Lot 1, Block 3, in said
addition; thence Easterly along an extension of the Northerly line of Lot 1 in said
Block 2 to the center line of Shingle Creek; thence Southwesterly along said center
line to the North line of Lot 62 in said Auditor's Subdivision No. 218; thence West
to the Northwest corner of said Lot 62; thence South along the West line of said
Lot 62 to the Northwest corner of Lot 32 in said subdivision; thence East along the
North line of said Lot 32 to an intersection with a line parallel with and 150 feet
East of the West line of said Lot 62; thence North along last said parallel line
to an intersection with a line parallel with and 350 feet North of the North line
of said Lot 32; thence East along last said parallel line to an intersection with
a line drawn from the actual point of beginning to a point in the North line of said
Lot 32, distant 820 feet West of the Northeast corner of said Lot 32; thence
Northeasterly along said line so drawn to a point thereon distant 600 feet North-
easterly, measured along said line so drawn, from the North line of said Lot 32;
thence at a right angle Northwesterly 125 feet; thence Northwesterly and Northerly
along a tangential curve to the right, with a radius of 197.17 feet, a distance of
215.6 feet; thence Northerly in a straight line, tangent to last described curve, a
distance of 722.74 feet; thence Northeasterly along a tangential curve to the right,
with a radius of 1232.99 feet, a distance of 588.56 feet; thence Northeasterly in
a straight line, tangent to last described course, a distance of 390 feet; thence
Northeasterly, Easterly and Southeasterly along a tangential curve to the right,
with a radius of 450 feet, a distance of 706.86 feet; thence Southeasterly in a
straight line, tangent to last described curve a distance of 320 feet to the actual
point of beginning.
That part of Lot 62, Auditor's Subdivision Number 218, Hennepin County, Minnesota,
described as follows: Beginning at a point in the North line of Lot 32 in said sub-
division, distant 150 feet East of the Northwest corner of said Lot 32, thence East
along the North line of said Lot 32 to a point therein distant 820 feet West of the
Northeast corner of said Lot 32; thence Northeasterly deflecting to the left 63
to an intersection with a line parallel with and 350 feet North of the North line of
Ordinance No. 68 -10
35 -860 (continued)
said Lot 32; thence West along said parallel line to an intersection with a line
drawn North from the point of beginning and parallel with the West line of said
Lot 62; thence south to the point of beginning.
That part of Section 35, Township 119, Range 21, described as follows:
Beginning at a point in the Northeasterly right of way line of U.S. Highway No.
694, distant 1080 feet Northwesterly of the intersection of said right of way line
with Line "A" hereinafter described; thence Southeasterly along said right of way
line 320 feet; thence at a right angle Northeasterly 560 feet; thence Northwesterly
69 a distance of 2067.23 feet; thence Northerly 210 feet to Point "X"
hereinafter described; thence West along aforesaid Line "A" a distance of 330 feet;
thence Southeasterly deflecting to the left 110 a distance of 350 feet; thence
Southerly deflecting to the right 18 a distance of 250 feet; thence Southeasterly
deflecting to the left 45 a distance of 1050 feet; thence Easterly deflecting to
the left 33 a distance of 230 feet; thence Southeasterly deflecting to the right
34 a distance of 550 feet; thence Southwesterly 315 feet to the point of
beginning.
That part of the Northwest 1/4 of Section 35, Township 119, Range 21, described
as follows: Beginning at Point "X" hereinafter described, in Line "A" hereinafter
described; thence West along said Line "A" a distance of 330 feet; thence North-
westerly deflecting to the right 78 to the Southerly line of 69th Avenue North
(County Road No. 130); thence Easterly along the Southerly line of 69th Avenue
. North to an intersection with a line drawn Northwesterly from the point of beginning
and at an angle of 78 deflecting from West to North from aforesaid Line "A", thence
Southeasterly along said line so drawn to the point of beginning.
Description of Line "A ":
Commencing at the East quarter corner of Section 35, Township 119, Range 21,
thence South along the East line of said Section 35, a distance of 1235.41 feet;
thence Westerly deflecting to the right 88 , a distance of 500.96 feet;
thence Northwesterly deflecting to the right 27 a distance of 1447.67 feet
to the actual point of beginning of the line to be described, thence at a right angle
Northeasterly 930 feet; thence Northerly on a tangential curve to the left, with a
radius of 663.32 feet, a distance of 295.03 feet; thence North in a straight line,
tangent to last described curve, a distance of 535 feet; thence Northerly, North-
westerly and Westerly on a tangent curve to the left, with a radius of 848.82 feet,
a distance of 1283.08 feet, thence Westerly in a straight line, tangent to last
described curve, a distance of 1580 feet to a point designated as and hereinafter
referred to as Point "X "; thence continuing Westerly along last described course
a distance of 861.56 feet; thence Northwesterly along a tangential curve to the
right, with a radius of 483.7 feet a distance of 290.9 feet; thence Northwesterly
in a straight line, tangent to last described curve to the West line of said Section
35 and there terminating.
Any and all property contained within Lots 2 and 3, Block 4, Twin Cities Interchange
Park Addition, shall be excluded from this section.)
Ordinance No. 68 -10
(Section 35 -861. OPEN SPACE DISTRICT BOUNDARIES( 0-2):
Open Space district boundaries (0-2) are established as follows:
That part of North 1/2 of Section 35, Township 119, Range 21, described as
follows: Beginning at a point in the Northeasterly right of way line of U. S.
Highway No. 694, distant :760 feet Northwesterly of the intersection of said
right of way line with Line "A" hereinafter described; thence Northeasterly at
a right angle to said right of way line a distance of 560 feet, thence North-
westerly deflecting to the left 69 a distance of 200 feet to the actual
point of beginning of the tract of land to be described; thence continuing North-
westerly along last described course a distance of 1867.23 feet; thence Northerly
210 feet to Point "X ", hereinafter described; thence Easterly, Southeasterly and
Southerly along aforesaid Line "A" to a point therein distant 1705.03 feet Northerly,
measured along said Line "A" from the point of beginning of said Line "A "; thence
Southwesterly 1141.92 feet to the actual point of beginning.
That part of Section 35, Township 119, Range 21, described as follows:
Beginning at a point in Line "A", hereinafter described, distant 330 feet west of
Point "X "; hereinafter described ; thence Southeasterly deflecting 70 from East
to South from said Line "A ", a distance of 350 feet; thence Southerly deflecting
to the right 18 a distance of 250 feet to the actual point of beginning of the tract
of land to be described, said last described course being hereinafter designated
as and referred to as Line "Z" thence Southeasterly deflecting to the left 45 a
distance of 1050 feet; thence Easterly deflecting to the left 33 a distance of 230 feet;
thence Southeasterly deflecting to the right 34 ", a distance of 550 feet; thence
Southwesterly 315 feet to a point in the Northeasterly right of way line of U.S. Highway
• No. 694, distant 1080 feet Northwesterly of the intersection of said right of way line
and aforesaid Line "A "; tnence Northwesterly along said right of way line to an
intersection with the Southerly extension of aforesaid Line "Z "; thence Northerly
along said line extended to the actual point of beginning.
Description of Line "A ":
Commencing at the East quarter corner of Section 35, Township 119, Range 21,
thence South along the East line of said Section 35, a distance of 1235.41 feet;
thence Westerly deflecting to the right 88 ", a distance of 550.96 feet; thence
Northwesterly deflecting to the right 27 a distance of 1447.67 feet to the
actual point of beginning of the line to be described; thence at a right angle North-
easterly 930 feet; thence Northerly on a tangential curve to the left, with a radius
of 663.32 feet, a distance of 295.03 feet; thence North in a straight line, tangent
to last described curve, a distance of 535 feet; thence Northerly, Northwesterly
and Westerly on a tangential curve to the left, with a radius of 848.82 feet, a
distance of 1282J Westerly in a straight line, tangent to last described
curve, a distance of 1580 feet to a point designated as and hereinafter referred to
as Point "X "; thence continuing Westerly along last described course a distance
of 861.56 feet; thence Northwesterly along a tangential curve to the right, with a
radius of 483.7 feet a distance of 290.9 feet; thence Northwesterly in a straight
line, tangent to last described curve, to the West line of said Section 35 and there
terminating.)
Ordinance No. 68 -10
(Section 35 -880. DEFINITIONS.
The language set forth in the text of this zoning ordinance shall be
interpreted in accordance with the following definitions. Words used in the
present tense shall include the future; words in the singular include the
plural and the plural the singular; the word "building" shall include the
word 'structure" and the word "lot" shall include the word "plot" or "site".
Abutting Lot. Any lots which have a common boundary.
Acessory Building. A subordinate building, the use of which is in-
cidental and customary to that of the principal building.
Accessory Use. A subordinate use which is clearly and customarily
incident to the principal use of a building or premises and which is located
on the same lot as the :principal building or use.
Adjacent Lot. Lots, which are separated by a public street or thoroughfare.
Boarding House. Any dwelling other than a hotel where meals or lodgings
and meals for compensation are provided for five or more persons, pursuant to
previous arrangement and not to anyone who may apply.
Buildinq. Any structure built for the support, shelter, or enclosure of
persons, animals, chattels, or movable property of any kind, and which is
permanently affixed to the land.
Business. Any occupation, employment or enterprise wherein merchandise
is exhibited or sold, or which occupies time, attention, labor and materials, or
where services are offered for compensation.
Dwelling. A building, or portion thereof, designed or used exclusively for
residential occupancy, including one - family dwellings, two-family dwellings,
and multiple - family dwellings; but not including hotels, motels, boarding or
rooming houses, tourist homes, and trailers.
Dwelling Unit. Residential accommodation - including complete kitchen
facilities, permanently installed, which are arranged, designed, used or intended
for use exclusively as living quarters for one family and not more than an aggregate
of two roomers or boarders. Where a private garage is structurally attached, it
shall be considered as part of the building in which the dwelling unit is located.
Dwelling. Sinale- Family. A residential building containing one dwelling
unit, including detached, semi - detached and attached dwellings.
Dwelling, Two- Family (Dut)lex). A residential building containing two
dwelling units, including detached, semi - detached and attached dwellings.
,pwellina . lyfultinle- Family (Apartment and Flat) . A building or portion
thereof containing three or more dwelling units. )
Ordinance No. 6A -1
Section 35 -880 (continued)
Efficiency Unit. A dwelling unit with one primary room which doubles as a
living room, dining room and bedroom. -i8-- 29-6�
Family. One or more persons related by blood, marriage, or adoption, or a
group of not more than five persons not so related, together with his or their
domestic servants or gratuitous guests, maintaining a common household in a
dwelling unit.
Floor Area, Gross. For the purposes of this ordinance, the floor area of a
building or buildings shall be the sum of the gross horizontal areas of the several
floors of such building or buildings - measured from the exterior faces of exterior
walls or from the center line of party walls separating two buildings. In particu-
lar, "floor area" shall include:
1. Basement space if at least one -half of the basement
story height is above the established curb level or where
the curb level has not been established, above the average
level of the finished grade.
2. Elevator shafts and stairwells at each floor.
3. Floor space used for mechanical equipment where
the structural headroom exceeds seven and one -half
feet, except equipment, open or enclosed, located on
• the roof, i.e. bulk needs, water tanks and cooling towers.
4. Attic floor space where the structural headroom
exceeds seven and one -half feet.
S. Interior balconies and mezzanines.
6. Enclosed porches, but not terraces and breezeways.
7. Accessory uses, other than floor space devoted
exclusively to accessory off - street parking or loading.
Floor Area Ratio. The numerical value obtained through dividing the Gross
Floor Area of a building or buildings by the total area of the lot or parcel of
land on which such building or buildings are located.
Garage, Private. An accessory building or an accessory portion of the principal
building intended for and used to store the private passenger vehicles of the
families resident upon the premises, and in which no business, service or
industry connected directly or indirectly with automotive vehicles is carried on,
and provided that not more than one -half of the space may be rented for the
private vehicles of persons not resident on the premises, except that all of the
space in a garage of one or two car capacity may be so rented. Such a garage
shall not be used for more than one commercial vehicle per family upon the
premises, but no such commercial vehicle shall exceed five tons capacity.
t 7 r .� "
- 14 6 X6
-! a =nLCm 1 A A n r
L
Ordinance No. 68 -10
Section 35 -880 (continued)
Garacre. Storaqe. A building used solely for the storage of passenger vehicles,
but not for the service or repair thereof nor the sale of fuel, accessories, or
supplies.
Home Occupation. Any gainful occupation or profession carried on within a
dwelling unit by the occupant, and not involving any accessory building, stock
in trade, manufacturing business, repair work, equipment not customarily found
in a home or light enough to be carried, or employment of persons not residing
on the premises in the performance of such services. (For example: Dressmaking,
professional offices, individual music instruction, and the like.) i g 29 C}1-
Hotel. A building which provides a common entrance, lobby, halls and stairways
and in which lodging is offered with or without meals to twenty -five or more
transient guests.
Hotel, Apartment. A hotel which contains dwelling units, or dwelling units and
lodging rooms, and in which at least 50 per cent of the gross floor area devoted
to residential use shall be allocated to such dwelling units.
Tunk Yard. An open area where waste, used, or second -hand materials are
bought, sold, exchanged, stored, baled, packed, disassembled, or handled,
including but not limited to scrap iron and other metals, paper, rags, rubber
tires, and bottles.
Loadinq Space. A space, accessible from a street, alley or way, in a building
or on a lot, for the use of trucks while loading or unloading merchandise or
materials.
Lodging House. A building or premises where lodging is provided for compensa-
tion for five or more persons but not exceeding twenty -five persons. A "lodging
room" is a room rented as sleeping and living quarters, but without cooking
facilities and with or without an individual bathroom. In a suite of rooms without
cooking facilities, each room which provides sleeping accommodations shall be
counted as one "lodging room ".
Lot A lot is a parcel or portion of land in a subdivision or plat of land,
separated from other parcels or portions by description as on a subdivision or
record of survey map or by metes and bounds, for the purpose of sale or lease or
separate use thereof.
Lot, Area. The area of a horizontal plane bounded by the front, side, and rear
lot lines, measured within the lot boundaries.
Lot, Corner. A lot at the junction of and abutting on two or more intersecting
streets, or at the point of deflection in alignment of a single street, the
interior angle of which does not exceed 135 degrees.
Lot, Depth. The mean horizontal distance between the front lot line and the
rear lot line of a lot measured within the lot boundaries.
4 0.7
Vnr b.l l.�
Ordinance No. 08--10
Section 35 -880 (continued)
Lot, Interior. A lot other than a corner lot.
Lot: Line. A property boundary line of any lot held in single or separate owner-
ship, except that, where any portion of the lot extends into the abutting street
or alley, the lot line shall be deemed to be the street or alley line.
Lot Line, Front. That boundary of a lot which is along an existing or dedicated
street. The owner of a corner lot may select either street lot line as the front
lot line.
Lot Line, Rear. That boundary of a lot which is most distant from and is or is
approximately parallel to the front lot line. If the rear lot line is less than ten
feet in length, or if the lot forms a point at the rear, the rear lot line shall be
deemed to be a line ten feet in length within the lot, parallel to and at the
maximum distance from the front lot line.
Lot Line. Side. Any boundary of a lot which is not a front or rear lot line.
Lot. Rever Corner. A corner lot the side lot line of which is substantially
a continuation of the front lot line of the first lot to its rear.
Lot, Through. A lot having a pair of opposite lot lines along two more or less
parallel public streets, and which is not a corner lot. On a "through lot" both
street lines shall be deemed front lot lines.
Lot,_ Width. The mean horizontal distance beuveen the side lot lines of a lot
measured within the lot boundaries.
Motel (Tourist Court). A building or group of detached, semi - detached or
attached buildings on a lot containing guest rooms or dweilthgs each, of which
has a separate outside entrance leading directly from the outside of the building,
with garage or parking space conveniently located to each unit, and which is
designed, used or intended to be used primarily for the accommodation of automo-
bile transients. Motels do not include hotels, boarding houses or trailer camps.
Motor Freight Terminal (Truck Terminal). A building in which freight brought
by motor truck is assembled and sorted for routing in intrastate and interstate
shipment.
Moved: The act of permanently establishing a structure upon a portion of land
lot tract or
after removing ame from another art of the same or a different
g P +
parcel of land.
Nameplate. A sign indicating the name and/or address of a building, or the name
of an occupant thereof and /or the practice of a permitted occupation therein.
Non - conforming Building. Any building which does not comply with all of the
regulations of this ordinance governing use and bulk for the district in which such
building is located.
PerAffib"ad 10-43M"
Ordinance No. 68-10
Section 35 -880 (continuted)
110fl - conforminq_Mse. See "Use, Non-conforming".
Parking Soace, Automobile. A suitably surfaced and permanently maintained
area on privately owned property, either within or outside of a building, of
sufficient size to store one standard automobile, but in no event less than
200 square feet, exclusive of passage -ways, driveways, or other means of
circulation or access.
Person. An individual, firm, partnership, association, corporation, or
organization of any kind.
Rest Home (Nursing Home). A private home for the care of children or the
aged or infirm, or a place of rest for those suffering bodily disorders. Such
home does not contain equipment for surgical care or for the treatment of
disease or injury, nor does it include maternity care or care of mental illnesses.
Its maximum accomodation is six persons.
Service Station (Gas or Filling Station) . ' Any building or premises used for dis-
pensing, sale, or offering for sale at retail any automotive fuel or oils, having
pumps and storage tanks of a total capacity of not more than sixteen thousand
gallons with no single storage tank having a capacity in excess of 6, 000
gallons; also where battery, tire, and other similar services are rendered, when
located wholly within lot lines. When such dispensing, sale or offering for
sale of any fuels, or oils is incidental to the conduct of a public garage, the
premises shall be classified as a public garage. This does not include
automobile or trailer sales lots - new or used - on which such vehicles are
parked for purposes of inspection and sale.
Setback.,; The minimum horizontal distance between a building, hedge, fence,
wall, or structure and the street or lot line, disregarding, with respect to
buildings, steps, unroofed porches, and overhangs. -9 1
i 11. A name, identification, description, display, or illustration which is
affixed to, or painted, or represented directly or indirectly upon a building or
other outdoor surface, or piece of land and which directs attention to an object,
Project, place, activity, person, institution, organization, or buisiness.
However, a "sign" shall not include any display of official court or public
office notices nor shall it include the flag, emblem or insignia of a nation,
Political unit, school or religious group. A "sign" shall not include a sign
located completely within an enclosed building unless the context shall so
indicate. Each display surface of a sign shall be considered to be a "sign ".
Sicrn, Advertising., A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than upon the
Premises where such sign is located, or to which it is affixed.
Sion. Business., A sign which directs attention to a business or profession
conducted or to a commodity, service, or entertainment sold or offered upon the
Premises where such sign is located, or to which it is affixed.
iiwmeal... M N 10 12a. R
Ordinance No. 68-10
Section 35 -880 (continued)
Sign, Flashing. Any illuminated sign on which the artificial light is not main-
tained stationary and/or constant in intensity and color at all times when such
sign is in iise. For the purpose of this ordinance any revolving, illuminated
sign shall be considered a "flashing sign".
I
Sign Gross Surface Area Of. The entire area within a single continuous peri-
meter enclosing the extreme limits of such sign and in no case passing through
or between any adjacent elements of same. However, such perimeter shall not
include any structural elements lying outside the limits of such sign and not
forming an integral part of the display.
Special Home Occupation. A home occupation which involves incidental stock
in trade in performance of the service, or equipment not customarily found in a
home or light enough to be carried, but not employment of persons not residing
on the premises. (For example: Barber shop, beauty parlor, shoe repair service,
photography studio, day nursery, and the like.) i0=213
6�-
Stable, Private. A stable is any building located on a lot on which a residence
is located, designed, arranged, used or intended to be used for not more than
four horses for the private use of the residence, but shall not exceed 600 square
feet in area.
I
Stable, Public. A stable where horses are kept for remuneration, hire or sale.
Stand. Roadside. A structure for the display and sale of products with no space
for customers within the structure itself.
Street A public right -of -way which affords a primary means of access to
abutting property.
Street Line. The dividing line between the lot and the street.
Structural Alterations. Any change, other than incidental repairs, in the
supporting members of a building or structure, such as bearing walls or parti-
tions, columns, beams or girders or any substantial change in the roof or exterior
walls.
Structure. Anything erected, the use of which requires more or less permanent
location on the ground, or attached to something having a permanent location on
the ground.
A sign, billboard, or other advertising medium detached or projecting and having
a gross area of sixty square feet or more shall be construed to be a structure.
Tourist Home. A building containing a single dwelling unit and in which meals
or lodging or both are provided or offered to transient guests for compensation.
Use. The purpose or activity for which the land or building thereon is designed,
arranged or intended, or for which it is occupied or maintained.
3.-r i s
Asnumber-ed 10 24-41
Ordinance No. 68--10
35 -880 (continued)
Use, Principal. The main use of land or buildings as distinguished from a
subordinante or accessory use.
Use, Non - conforming. Any lawfully established use of a building or premises
which on the effective date of this ordinance does not comply with the use regu-
lations of the zoning district in which such building or premises shall be located.
Used Car Lot. Any land used or occupied for the purpose of buying and selling
second -hand passenger cars and/or trucks and the storing of same prior to sale.
Yard An open space on a lot which is unobstructed from its lowest level to the
sky, except as hereinafter permitted. A yard extends along a lot line and at
right angles to such lot line to a depth or width specified in the yard regulations
for the district in which such lot is located.
Yard, Front. A yard extending along the full width of the front lot line between
side lot lines.
Yard, Rear. , The portion of the yard on the same lot with the building between
the rear line of the building and the rear line of the lot for the full width of the
lot. In those locations where an alley is platted in the rear of the lots, one -half
of the width of the platted alley may be included in the rear yard requirements.
On corner lots the owner may elect which yards are to be side and rear yards.
• Yard, Side. A yard extending along a side lot line between the front and rear yards.
Townhouse /Garden Apartments. A dwelling unit horizontally attached to one or
more similar dwelling units in a linear or clustered arrangement. Characteristic
features of townhouses are their private entrances and small private yards (patios
for outdoor living) . The townhouse or garden apartment usually includes at least
one large common area of open space for athletic and recreational purposes. In the
Mid -west, townhouses usually do not exceed 2 stories in height.
High -Rise Apartment. A multiple family dwelling 6 or more stories high.
Walk -Up Apartment. A multiple family dwelling whose upper floor apartments
are accessible by stairs only.
Dwelling, Attached. A dwelling unit which is joined to another dwelling or
building at one or more sides by a party wall or walls.
Dwellinq, Detached. A dwelling unit which is entirely surrounded by open space
on the same lot.
Public Transportation Terminal. A building for assembling or disassembling of
people arriving or departing by means of public transportation.)
Ordinance No. 68 -10
(Section 35 -909. COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person who desires to make a complaint shall file a written
statement with the Building Inspector. Such statement shall indicate fully
the causes and basis of the complaint. The Building Inspector shall record
properly such statements, immediately investigate, and take action thereon
as provided by this ordinance. He shall report action taken within thirty (30)
days to the person filing the complaint and to the Planning Commission.)
(Section 35 -910. ENFORCEMENT AND PENALTIES.
This ordinance shall be administered and enforced by the Building
Inspector who is hereby designated as the enforcement officer. The Building
Inspector may institute in the name of the Village of Brooklyn Center, any
appropriate actions or proceedings against a violator as provided by Statue.
Any person, firm or corporation who violates, disobeys, omits, h.eglects or
refuses to comply with, or who resists the enforcement of, any of the provisions
of this ordinance shall be fined not less than 10 dollars nor more than one hundred
dollars ($100) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.)
(Section 35 -911. VALIDITY.
• The invalidity of any portion of this ordinance shall not affect the val-
idity of the remaining portions of this ordinance. The Village of Brooklyn
Center hereby declares that it would have passed this ordinance and each
portions hereof, irrespective of the possibility that any portion be declared
invalid.
Whenever under this ordinace mailed notices are required, failure to
receive such notice shall not affect the validity of the proceedings. The
Council shall be deemed to have acted upon a petition within the period spec-
ified if it defers final action thereon beyond said period stating the reasons
therefor.)
(Section 35 -912. INTERPRETATION.
In their interpretation and application, the provisions of this ordinance
shall be held to be the minimum requirements for the promotion of the public
health, safety, morals and welfare.
1. Where the condition imposed by any provision of this
ordinance, upon the use of land or buildings or upon the
bulk of buildings, are either more restrictive or less
restrictive than comparable conditions imposed by pro-
visions of any other ordinace, or of any law, resolution, rule
or regulation of any kind, the regulations which are more
restrictive (or which impose higher standards or require-
ments) shall govern.
Ordinance No. 68 -10
Section 35 -912 (continued)
2. This ordinance is not intended to abrogate any easement,
covenant, or any other private agreement, provided that
where the regulations of this ordinance are more restrictive
(or impose higher standards or requirements) than such ease-
ments, covenants or other private agreements, the regulations
of this ordinance shall govern.)
•
Section 2: Chapter 35 of the City Ordinances is hereby amended
by the addition of the following:
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES BY
ESTABLISHING ZONING REGULATIONS AND LAND USE CLASSIFICATIONS,
AND DESCRIBING ZONING DISTRICTS, SAID ORDINANCE BEING KNOWN
AS THE BROOKLYN CENTER ZONING ORDINANCE
Section 35 -100. STAT EMENT OF POLICY
The City Council finds that the municipality is faced with
mounting problems in providing means of guiding future development
cof land so as to insure a safer, more pleasant, and more economical
environment for residential, commercial, industrial and public
activities, and to promote the public health, safety, morals, and
general welfare. Through enactment of this ordinance, the City
Council intends to prepare for anticipated changes and by such
preparations, to bring about a significant savings in both private
and public expenditures. This ordinance is intended to be one
means of effectuating the municipal planning undertaken by this
municipality. Through this ordinance, the municipality intends to
• encourage the wise development of lands within the municipality
and to serve its citizens more effectively and to make the provision
of public services less costly and to achieve a more secure tax
base.
Specifically, the provisions are designed to achieve the fore -
going objectives through the regulation of the location, height,
bulk, number of stories, size of buildings, and other structures,
the percentage of lot area which may be occupied, the size of yards
and other open spaces, the density and distribution of population,
the uses of buildings and structures for trade, industry, residence,
recreation, public activities, or other purposes, and the uses of
land for trade, industry, residence, recreation, and through the
establishment of standards and procedures regulating uses within
the City.
Section 35 -110. PERMITTED USES
Except as provided for in Section 35 -111, no building or
l i
premises may hereafter be used or occupied within a given land use
district unless it is a permitted use in that district or unless
it is authorized as a special use. Sections 35 -310, 311, 312, 313,
314, 315, 316, 320, 321, 322, 330, 331, 340, 341 give the various
permitted and special uses.
Section 35 -111. NON - CONFORMING USES
Unless specifically provided otherwise herein, the lawful use
of any land or building existing at the time of adoption of this
ordinance may be continued even if such use does not conform to the
regulations of this ordinance, provided:
1. No such non - conforminq use of land shall be enlarged or
increased or occupy a greater area of land than that occupied by
such use at the time of the adoption of this ordinance;
2. Such non - conforminq use shall not be moved to any other
part of the parcel of land upon which the same was conducted at the
time of the adoption of this ordinance.
3. A non - conforming use of a building existing at the time of
the adoption of this ordinance may be extended throughout the
building provided no structural alterations except those required
by ordinance, law, or other regulation are made therein.
4. If a non - conforming use occupies a building and ceases
for a continuous period of two years, - any subsequent use of said
building shall be in conformity to the use regulation specified
by this ordinance for the district in which such building is
located.
5. Any non - conforming use shall not be continued following
60/ destruction of the building in which it was conducted by fire,
wind, earthquake, or explosion, according_ to the estimate of the
Building Inspector, approved by the City Council.
6. Upon the effective date of this ordinance, where there
is a non - conforming use of land on a parcel with no structure or
where there is a non- conforming use o band (such as storage of
equipment and supplies), on which there is a conforming structure,
such use shall be terminated within two years following the
effective date of this ordinance.
Section 35 -200. COMPREHENSIVE PLANNING
The City Council hereby undertakes to carry on comprehensive
study and planning as a continuing guide for land use and development
legislation within the municipality. For this purpose, the City
Council has adopted by Resolution 66 -295 a Comprehensive Guide
Plan for the City of Brooklyn Center, and designates an advisory
planning agency by Section 35 -201 to aid in such planning.
•
Section 35 -201. PLANNING COMMISSION
A Planning Commission of seven members is hereby established
and continued as a planning agency advisory to the City Council.
Any vacancy in an office of Planning Commissioner, by expiration of
his term, resignation, or removal shall be filled by appointment of
the Mayor, confirmed by a majority vote of the Council. Upon appoint-
ment, each Commissioner shall serve for a term of two years or
until a successor has been appointed.
Each Commissioner shall be a resident of the municipality and
shall subscribe to the appropriate oath of office.
No Commissioner shall take part in the consideration of anv
matter wherein he is the applicant, petitioner, or appellant, nor
in the consideration of any application, petition, or appeal wherein
his interest might reasonably be expected to affect his impartiality.
The Planning_ Commission shall annually elect its Chairman and
by majority vote may adopt rules of parliamentary procedure for the
conduct of Commission meetings. The said meetings of the Commission
shall be held at least once a month and shall be open to the public.
•
There shall be a Secretary to the Planning Commission appointed
by the City Manager of the municipality, who shall prepare the
minutes of the meetings of the Commission and shall maintain the
files and records of the Commission. The Secretary shall have any
additional duties delegated to him by the Commission, the City
Manager or by the provisions of this Ordinance.
Section 35 -202. DUTIES OF THE PLANNING COMMISSION
1. Planning.
(a) Comprehensive Planning.
The Commission shall, from time to time, upon its own motion
or upon direction of the City Council, review the Comprehensive Plan
and by a majority vote of all members of the Commission recommend
appropriate amendments to the City Council.
Before recommending any such amendments to the City Council,
the Commission shall hold at least one public hearing to consider
the proposed amendment. The Secretary to the Commission shall
publish notice of the time lace and purpose of the hearing once
p P g
P
in the official newspaper of the municipality at least ten (10)
days before the day of the hearing. Furthermore, the Secretary
shall transmit copies of the proposed amendment to the City Council
prior to the publication of the notice of hearing.
Following the review and recommendation by the Commission,
the City Council shall consider the proposed amendment and may, by
resolution of a majority of its members, amend the Comprehensive
Plan
(b) Coordination With Other Agencies.
In the performance of its planning activities, the Commission
shall consult with and coordinate the planning activities of other
departments and agencies of the municipality to insure conformity
with and to assist in a development of the comprehensive municipal
Plan. Furthermore, the Commission shall take due cognizance of the
planning activities of adjacent units of government and other
affected public agencies.
2. Platting
• Before dividing any tract of land into two or more lots
or parcels, an owner or subdivider shall, unless a variance is
authorized, proceed under the provisions of Chapter 15 of the
Ordinances of the City of Brooklyn Center.
3. Rezoning and Special Use Applications
The Commission shall hear and review all applications for
amendments to the Zoning Ordinance, hereinafter referred to as
"R.ezoni,_na Applications ". and applications for special use permits.
ne Secretary of the Pla,nnina Commission shall maintain permanent
des and records for each application to the Commission. The
record for each application shall consist of a written application
on a form provided by the municipality, the minutes of the Commission
upon the hearing of the application, and the written recommendation
of the planning Commission. (See Section 35 -210, Rezoning, and
Section 35-220. Special use Permits)
4. Plan Approval
Every person. before commencing the construction or major
alteration of a structure (except one and two family dwellings and
buildinas accessory thereto), shall submit information as set out
in Section 35 -230 hereof.
5. Variances (Adjustments) and Appeals
The Planning Commission shall serve as the Board of
Adjustment and Appeals of the municipality. When acting as the
Board of Adjustments and Appeals, the Planning Commission's
recommendations shall be advisory to the City Council.
The rules of parliamentary procedure governing the conduct
of Planning Commission meetings shall also govern the conduct of
meetings of the Planning_ Commission when acting as the Board of
Adjustment and Appeals. The Secretary of the Planning Commission
shall act as the Secretary of the Board of Adjustments and Appeals
and shall maintain permanent files and records for each appeal,
application or petition to the Board of Adjustments and Appeals.
The Secretary shall maintain a separate file for each application,
petition, or appeal to the Board of Adjustments and Appeals and
shall place in said file, the record pertaining to each proceeding
which shall consist of the written application, petition, or appeal;
a copy of the minutes of the hearing of the Board; and a copy of
the written recommendation of the Board.
• The Planning Commission, acting as the Board of Adjustments
and Appeals, shall hear applications for variances (adjustments)
in accordance with Section 35 -240 and appeals in accordance with
Section 35 -250.
Section 35 -210. REZONING
The following rules shall govern applications for amendments
to the Zoning Ordinance hereinafter referred to as "Rezoning
Applications ":
1. Procedures
v
(a) A rezoning application may be initiated by the City
Council, the Planning,.Commission, or by the owner of the subject
property. Any such application shall be referred to the Planning
Commission for public hearing, study, and report and may not be
acted upon by the City Council until it has received the recommendation
of the Commission, or until seventy -eight (78) days have elapsed
from the date of referral of the application without a report by
the Planning Commission. The date of referral is defined as the
date of the public hearing.
(b) The applicant or his authorized agent shall fill out
and submit to the Sectetary of the Planning Commission a "Zoning
Application ", copies of which are available at the municipal
offices, together with a fee of $75.00. The application shall
i
be fil ed with the Secretary o the P l.annina C'()rrjm at least
seventeen (17) days before the date of the public hearing.
(c) The Secretary of the Planning Commission shall refer
the matter to the Planning Commission by placing the application
upon the agenda of the Commission's next regular meeting; provided,
however, that the Secretary may with the approval of the Chairman
of the Commission, place the application on the agenda for a
special meeting of the Planning Commission.
(d) Not less than ten (10) days before the date of the
hearing, theSecretary of the Planning Commission shall mail notice
of the hearing to the applicant and to the property owners within
250 feet (including streets) of the subject property. The failure
of any such owner or occupant to receive such notice shall not
invalidate the proceedings hereunder.
(e) Not less than ten (10) days prior to the date of,
the hearing, the Secretary shall Rublish a notice of hearing in the
official municipal newspaper.
• (f) The Planning Commission shall report its recommendations
to the City Council not later than sixty (60) days following the
date of referral to the Commission.
(g) The application and recommendation of the Planning
Commission shall be placed on the agenda of the City Council within
eighteen (18) days following_ the recommendation of the Planning
Commission, or in the event the Commission has failed to make a
recommendation, within seventy- eight (78) days of the date of
referral to the Commission.
N,�O-�_ (h) The City Council shall make a final determination
of the application within forty -eight (48) days of the recommendation
by the Planning Commission or in the event the Commission has failed
to make any recommendation, within one hundred and eight (108)
days of the date of referral to the Commission.
(i) The Secretary of the Planning Commission, following
the Commission's action upon the application, and the City Clerk,
following the City Council's action upon the application, shall
give the applicant a written notice of the action taken. A copy
of this notice shall be kept on file as a part of the permanent
record of the application.
(j) The applicant or his agent shall appear at each meeting
of the Commission and of the City Council during which the appli-
cation is considered. Furthermore, each applicant shall provide
i
i for the Commission or the City Council, as the case may be, the
maps, drawings, plans, records or other information requested by
the Commission or the City Council for the purpose of assisting
the determination of the application.
2. Review of Rezoninq
Where hroherty within the municipality has been rezoned
for a less restrictive ' la ' nd use t1.hon petition of the owner or his
aaent pursuant to the nrovi.sions of this ordinance and where no
structural work thereon has commenced within two (2) vears of
the date of the rezon_ina action by the City Council, the Planninq
Commission may review the 7,on.ina rlassification of the property
in the liaht of the CgMprghensiye Plan and make appropriate
recommendations t th e City Council which may include the recommend-
ation that the subject nrgperty rP rPZon,ed to permit a more restrictive
use in conformance with the provisions of the C:omhrehensive Plan.
Section 35 -220. SPECIAL USE PERMITS
_$hecial uses are tho se whi may be reauired for the public
welfare in a aiven district but which are. in some respects,
• incompa tible sa„th the permitted uses i n the district. Before a
buildina or premises is devoted to any use classified as a special
use by this ordinan a special use permit must be granted by the
_City Council_.
,The followina_ rules shall aovern anplications for a special
use hermit:
1. Procedures
_(a)__.A "Special, Use Permit" application shall be initiated
by the owner of the siib property or his authorized aaent. The
application shall. be .referred to the Plannina Commission for public
hearina. study and report and may not be acted upon by the City
Council until it has received the recommendation of the Commission,
or until seventv -eiaht (78) days have elapsed from the date of referral
of the application without a report by the Planninq Commission. The
date of referral is defined as the date of the public hearina.
(b) The applicant or his authorized anent shall fill out
and submit to the Secretary of the Planninq Commission a "Special
Use Permit" application. conies of which are available at the
municipal off ices, toQe tbpr. with a fee of $25,00. The application
shall be filed with the Secretary of the Plannina Commission at
least fourteen (14) days before the date of the public hearina.
(c) The Secretary of the Planning Commission shall refer
the matter to the Plannina Commission by placing the application
upon the agenda of the Commission's next regular meeting; provided,_
however, that the Secretary mav, with the approval of the chairman
of the Commission, place the application on the agenda for a
special meeting of the Planning Commission.
(d) Not less than seven (7) days before the date of the
hearing. the Secretary of the Planning Commission shall mail notice
of the hearing to the applicant and to the property owners or
occupants of all property within 150 feet (including streets) of
the sublect property. The failure of any such owner or occupant
to receive such notice shall not invalidate the proceedings hereunder.
(e) The Planning Commission shall report its recommendation
to the Citv Council not later than sixty (60) days following the
date of referral to the Commission.
(f) The application and recommendation of the Planning
Commission shall be placed on the agenda of the City Council within
eighteen (18) days following the recommendation of the Planning
Commission, or in the event the Commission has failed to make a
recommendation,, within seventv -eight (78) days of the date of
referral to the Commission.
(a) The Citv Council shall make a final determination of
the app_ lication within forty - eiaht (48) days of the recommendation
by the Plannina Commission, or in the event the Commission has
failed to make anv recommendation, within one hundred and eight
(108) days of the date of referral to the Commission.
(h) The applicant or his agent shall appear at each
meetina of the Planning Commission and of the City Council during
which the application is considered. Furthermore, each applicant
shall provide for the Commission or the Citv Council, as the case
mav be. the maps, drawinas, plans, records, or other information
(See Section 35 -230, Plan Approval) requested by the Commission or
the Citv Council for the purpose of assisting the determination
of the application.
(i) The Secretary of the Planning Commission, following
the Commission's action upon the application, and the City Clerk,
following the Citv Council's action upon the application, shall
give the applicant a written notice of the action taken. A copy
• of this notice shall be kept on file as a part of the permanent
record of the application.
• 2. Standards for Special Use Permits
A special use permit may be granted by the City Council after
demonstration by evidence that all of the following are met:
(a) The establishment, maintenance or operation of the
special use will promote and enhance the general public
welfare and will not be detrimental to or endanger the
public health, safety, morals or comfort.
(b) The special use will not be injurious to the use and
enjoyment of other property in the immediate vicinity
for the purposesalready permitted, nor substantially
diminish and impair property values within the neigh-
boyhood.
(c) The establishment of the special use will not impede
the normal and orderly development and improvement
of surrounding property for uses permitted in the
district. w
• (d) Adequate measures have been or will be taken to provide
ingress, egress and parking so designed as to minimize
traffic congestion in the public streets.
(e) The special use shall, in all other respects, conform
to the applicable regulations of the district in which
it is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council
may impose such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the special
use as deemed necessary for the protection of the public interest
and to secure compliance with requirements specified in this
ordinance. In all cases in which special use permits are granted,
the City Council may require such evidence and guarantees as it
may deem necessary as part of the conditions stipulated in
connection therewith.
4. Resubmission
No application for a special use permit which has been denied
by the City Council shall be resubmitted for a period of twelve
(12) months from the date of the final determination by the City
Council; except that the applicant may set forth in writing newly
discovered evidence of change of condition upon which he relies
to gain the consent of the City Council for resubmission at an
earlier time.
5. Revocation and Extension of Special Use Permits
when a special use permit has been issued pursuant to the
provisions of this ordinance, such permit shall expire without
further action by the Plannina Commission or the City Council
unless the applicant or his assignee or successor commences work
upon the subject property within one vear of the date the special
use permit is granted. or unless before the expiration of the one
vear period the annli.cant shall aDDly for an extension thereof by
fillina out and submitting_ to the Secretary of the Planning
Commission a " Specia.l Use Permit." a pplicat ion requesting such exten-
sion and paving an additional fee of $15.00.
Special use permits aranted pursuant to the provisions of
a prior ordinance of Rrook.lyn renter shall expire within one vear
of the effective date of this ordinance if construction upon the
subject property pursuant to such special use permit has not
commenced within that time.
In any instance where an existing and established special use
• is abandoned for a period of one year, the special use permit
related thereto shall expire one year following the date of
abandonment.
Section 35 -230. PLAN APPROVAL
It is declared to be the policy of the City to preserve and
promote an attractive, stable residential and business environment
for its citizens through encouraging well conceived, high quality
developments. To this end, imaginative architectural concepts
shall be employed in the design of buildings and in the develop-
ment of respective sites. In this regard, every person, before
commencing the construction or major alteration of a structure,
except one and two family dwellings and buildings accessory thereto,
shall make application for plan approval from the City Council.
Plan approval may be reauired in conjunction with special use
Permit consideration. The following rules shall govern appli-
cations for plan approval:
1. Procedures
(a) A "Plan Approval" application shall be initiated by
the owner of the subject property or his authorized agent. The a ppli-
cant shall fill out and submit to the Secretary of the Planning Com-
mission a "Plan Approval" application, copies of which available at
the municipal offices, together with a fee of $10.00. The appli-
cation shall be filed with the Secretary of the Planning Commission
at least fourteen (14) days prior to the next regular meeting of
the Planning Commission.
(b) The Secretary of the Planning Commission shall refer
the matter to the Planning Commission by placing the application
upon the agenda of the Commission's next regular meeting; provided,
however, that the Secretary may, with the approval of the Chairman
of the Commission, place the application on the agenda for a
special meeting of the Planning Commission.
(c) The Planning Commission shall report its recommendations
to the City Council not later than sixty (60) days following the
date of referral to the Commission. The date of referral is defined
as the date upon which the application is first considered by the
Planning Commission.
(d) The application and recommendation of the Commission
shall be placed on the agenda of the City Council within eighteen
(18) days following the recommendation of the Planning Commission,
• or in the event the Commission has failed to make a recommendation,
within seventy -eight (78) days of the date of referral to the
Commission.
(e) The City Council shall make a final determination
of the application within fort
pp y -eight (48) days of the recommendation
by the Planninq Commission, or in the event the Commission has
failed to make any recommendation, within one hundred and eight
(108) days of the date of referral to the Commission.
(f) The applicant or his agent shall appear at each
meeting of the Commission and the City Council to answer questions
regarding the maps, drawings, plans and to furnish such information
as may be required.
(g) The Secretary of the Planning Commission, following
the Commission's action upon the application, and the City Clerk,
following the City Council's action upon the application, shall
give the applicant a written notice of the action taken. A copy
P p of this notice shall be kept on file as a art of the permanent
record of the application.
2. Required Documents
Concurrent with filina application for plan approval, the
applicant shall submit, as required, to the Secretary of the Planning
Commission the following documents and information:
(a) A survey drawing by a registered engineer or land
surveyor showing pertinent existing conditions, accurately dimensioned.
(b) A complete set of preliminary architectural drawings
prep ared by a registered architect showing:
(i) An accurately scaled and dimensioned site plan
indicating parking layout including access
provisions, designation of locations of possible
accessory buildings; landscaping, including trees
and shrubbery with indication of species, planting,
size and location.
(ii) Fences or walls or other screening, including
height and type of material.
• (iii) Lighting provisions, type and location.
(iv) Curbs.
(v) Building floor plans, elevations, sections and
outline specifications, including materials
proposed.
(vi) Existing and proposed land elevations, drainage
provisions, and utility provisions as may be
required.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council
may impose such conditions and restrictions as deemed necessary to
protect the public interest and to secure compliance with the
requirements of the ordinance. The conditions may include the
execution and submission of a Performance Agreement with a
supporting financial guarantee that the subject property will be
constructed, developed, and maintained in conformance with the
plans, specifications and standards.
Section 35 -240. yTCES (ADJUSTMENTS)
In instances where the strict enforcement of the literal
Provisions of this zoning ordinance would cause undue hardship
because of circumstances unique and distinctive to an individual
property under consideration, the City Council shall have the
power to grant variances, in keeping with the spirit and intent of
this ordinance. The provisions of this ordinance, considered in
conjunction with the unique and distinctive circumstances affecting
the property must be the proximate cause of the hardship; circum-
stances caused by the property owner or his predecessor in title
shall not constitute sufficient - justification to grant a variance.
The following rules shall govern applications for a variance
from the strict requirements of this ordinance:
1. Procedures
(a) A "Variance" application shall be initiated by the
owner of the subject property or his authorized agent. The appli-
cation shall be referred to the Board of Adjustments and Appeals for
• public hearing, study, and report and may not be acted upon by the
City Council until it has received the recommendation of the Board,
or until seventy -eight (78) days have elapsed from the date of
referral of the application without a report by the Board. The
date of referral is defined as the date of the public hearing.
(b) The applicant shall fill out and submit to the
Secretary of the Board of Adjustments and Appeals a "Variance"
application, copies of which are available at the municipal
offices, together with a fee of $10.00. The application shall
be filed with the Secretary of the Board at least fourteen (14)
days before the date of the public hearing.
(c) The Secretary of the Board of Adjustments and Appeals:
shall refer the matter to the Board by placing the application
upon the agenda of the Board's next regular meeting; provided,
however, that the Secretary may, with the approval of the Chairman
of the Board, place the application on the agenda for a special
meeting of the Board of Adjustments and Appeals.
(d) Not less than seven (7) days before the date of the
hearing, the Secretary to the Board of Adjustments and Appeals shall
mail notice of the hearing to the applicant and to the property
owners or occupants within 150 feet (including streets) of the
subject property. The failure of any such owner or occupant to
receive such notice shall not invalidate the proceedings thereunder.
(e) The Board of Adjustments and Appeals shall report
its recommendations to the City Council not later than sixty (60)
days following the date of referral to the Board.
(f) The application and recommendation of the Board of
Adjustments and Appeals shall be placed on the agenda of the City
Council within eighteen (18) days following the recommendation of
the Board, or in the event the Board has failed to make a recommendation,
within seventy -eight (78) days of the date of referral to the Board.
(g) The City Council shall make a final determination of the
application within forty- eight (48) days of the recommendation by
the Board of Adjustment and Appeals, or in the event the Board has
failed to make any within one hundred and eight
• (108) days of the date of referral to the Board.
(h) The applicant or his agent shall appear at each
meeting of the Board of Adjustments and Appeals and of the City
Council during which the application is considered. Furthermore,_
each applicant shall provide for the Board or the City Council,
as the case may be, the maps, drawings, plans, records, or other
information requested by the Board or the City Council for
the purpose of assisting the determination of'the application.
(i) The Secretary of the Board of Adjustments and Appeals,
following the Board's action upon the application, and the City
Clerk, following the City Council's action upon the application,
shall give the applicant'a written notice of the action taken.
A copy of this notice shall be kept on file.as a part of the
permanent record of the application.
2. Standards for Variances
The Board of Adjustments and Appeals may recommend and the City
Council may grant variances from the literal provisions of this
ordinance in instances where their strict enforcement would cause
undue hardship because of circumstances unique and distinctive to
the individual property under consideration. However, the Board
shall not recommend and the City Council shall in no case permit
as a variance any use that is not permitted under this ordinance
in the district where the affected person's land is located. A
variance may be granted by the City Council after demonstration'
by evidence that all of the following qualifications are met:
(a) Because of the particular physical surroundings,
shape, or topographical conditions of the specific
parcels of land involved, a particular hardship to the
owner would result, as distinguished from a mere
inconvenience, if the strict letter of the regulations
were to be carried out.
(b) The conditions upon which the application for a
variance is based are unique to the parcel of land
for which the variance is sought, and are not common,
generally, to other property within the same zoning
classification.
(c) The alleqed hardship is related to the requirements
of this ordinance and has not been created by any
persons presently or formerly having an interest in the
parcel of land.
(d) The grantinq of the variance will not be detrimental
to the public welfare or injurious to other land or
improvements in the neiq_hborhood in which the parcel
of land is located.
3. Conditions and Restrictions
The Board of Adjustments and Appeals may recommend and the
City Council may impose conditions and restrictions in the granting
of variances so as to insure compliance with the provisions of this
ordinance and with the spirit and intent of the Comprehensive Plan
and to protect adjacent properties.
Section 35 -251. APPEALS
1. Appeal Matters
The Planning Commission acting as the Board of Adjustment
and Appeals hhall hear and recommend and the City Council shall
make a final determination in the following appeal matters:
(a) Appeals from the denial of a building permit
made pursuant to the adoption of an official
map as provided for in Minnesota State Law."
(b) Appeals from an order, requirement, or deter -
mintation made by an administrative officer in the
enforcement of the zoning ordinance, where it is
alleged that some error in interpretation or
judgement exists as provided for in Section 462.357,
subdivision 6 (1). Laws of Minnesota.
2. Procedures
(a) A written appeal stating the position of the appellant
shall be filed with the Secretary of the Board of Adjustments and
Appeals at least fourteen (14) days prior to the next regular
meeting of the Board of Adjustments and Appeals.
(b) The Secretary shall refer the matter to the Board
by placing the application upon the agenda of the Board's next
regular meeting.
(c) The Board shall report its recommendations to the
City Council not later than thirty (30) days following the date of
referral to the Board.
(d) The application and recommendation of the Board of
Adjustments and Appeals shall be placed on the agenda of the City.
Council within eighteen (18) days following the recommendation of'
the Board, or in the event the Board has failed to make a recom-
mendation, within forty -eight (48) days of the date of referral
to the Board.
(e) The City Council shall make a final determination
of the application within thirty -two (32) days of the recommendation
by the Board of Adjustment and Appeals, or in the event the Board
has failed to make any recommendation, within sixty -two (62) days
of the date of referral to the Board.
(f) The Secretary of the Board of Adjustments and Appeals,
following the Board's action upon the application, and the City
Clerk, following the City Council's action upon the application,
shall give the applicant a written notice of the action taken. 'A
copy of this notice shall be kept on file as a part of the -
permanent record of the application.
Section 35 -300. LAND USE DISTRICTS
For the purpose of this ordinance, the City of Brookly
Center is herebv classified into the followinq land use districts:
1. Residence
Rl One family residence
R2 Two family residence
R3 Multiple family residence (townhouse /garden apartment)
R4 Multiple family residence (1? and 2 story)
R5 Multiple family residence (2 and 3 story)
R6 Multiple family residence (4 and 5 story)
R7 Multiple family residence (6 stories or more)
. 2. Commerce
Cl Service /office
C1A Service /office
C2 Commerce
3. Industry
I -1 Industrial Park
I -2 General Industry
4. Open Space
0 -1 Public open space reserved
0 -2 Public and private open space reserved
l
The location and boundaries of the districts established
by this ordinance are set forth in Sections 35 -1100, 35 -1110, 35 -1120,
35 -1130, 35 -1140, 35 -1150, 35 -1160, 35 -1170, 35 -1180, 35 -1190,
35 -1200, 35 -1210, 35 -1220, 35 -1230. Unless otherwise indicated
by relation to established lines, points, or features, the district
boundary lines are the centerlines of streets, alleys, or railroad
rights -of -way, existing or extended.
Section 35 -310. Rl ONE FAMILY RESIDENCE DISTRICT
1. Permitted Uses
(a) One family dwellings.
(b) Accessory uses incidental to the foregoing principal
uses or to the following special uses when located on the same
property with the use to which it is accessory, but not including
any business or industrial accessory uses. Such accessory uses to
include but not be restricted to the following:
• (1) Offstreet parking and offstreet loading.
(2) Renting of not more than two indoor parking spaces.
(3) One accessory building (either detached or attached
to the dwelling building) where the dwelling
building ground coverage area does not exceed 880
square feet. In the event the ground coverage
area of the dwelling building exceeds 880 square
feet, two accessory buildings (either detached or
attached to the dwelling building) will be
permitted, provided that no one accessory building
shall exceed 75/ of the ground coverage area of the
dwelling building or 1000 square feet, whichever
is lesser; and provided that the total area of both
accessory buildings(either detached or attached to
the dwelling building) shall not exceed 100/ of the
ground coverage area of the dwelling building, Or
1100 square feet, whichever is lesser.
(4) Public recreational structures in parks, playgrounds
and athletic fields.
(5) Playground equipment and installations, including
private swimming pools and tennis courts.
(6) Home occupations not to include special home
occupations as defined in Section 35 -900.
(7) Signs as permitted by the Brooklvn Center Sign
Ordinance.
(8) A temporary real estate tract office for the purpose
of selling lots on the tract upon which it is located.
(9) The renting of not more than two sleeping rooms by
a resident family, provided adequate offstreet
parking is provided.
(10) Tents, stands and other temporary structures for
churches, charities, carnivals and similar purposes
as provided by Section 35 -800 of these ordinances.
2. Special Uses
(a) Chapels, churches, temples and svnagogues, provided
orimary vehicular access shall be gained to the uses by a collector
or aterial street.
(b) Public and private elementary and secondary schools
offering a regular course of strudv accredited by theMinnesota
Department of Education, provided primary vehicular acces shall
be gained to the uses by a collector or arterial street.
(c) Golf courses and accessory buildings essential to
the operation of a golf course.
(d) Cemeteries.
(e) Publicly owned structures, other than poles and
underground facilities in easements or in rights -of way of
public streets or alleys.
(f) Special home occupations as defined in Section 35 -900.
(g) Other, non - commercial uses required for the public
welfare in an Rl district, as determined by the City Council.
Section 35 -311. R2 TWO FAMILY RESIDENCE DISTRICT
1. Permitted Uses
(a) One and two family dwellings.
(b) Accessory uses incidental to the foregoing principal
uses or to the following special uses when located on the same
property with the use to which it is accessory, but not including any
business or industrial accessory use. Such accessory uses to include
but not be restricted to the following:
(1) Offstreet parking and offstreet loading.
(2) Renting of not more than two indoor parking spaces.
(3) One accessory building (either detached or attached
to the dwelling building) where the dwelling
building ground coverage does not exceed 880
square feet. In the event the ground coverage
• area of the dwelling building exceeds 880 square
feet, two accessory buildings (either detached or
attached to the dwelling building) will be
permitted, provided that no one accessory building
shall exceed 75/ of the ground coverage area of the
dwelling building or 1000 square feet, whichever is
lesser; and provided that the total area of both
accessory buildings(either detached or attached to
the dwelling building) shall not exceed 100/ of the
ground coverage area of the dwelling building, or
1100 square feet, whichever is lesser.
(4) Public recreational structures in parks, playgrounds
and athletic fields.
(5) Playground equipment and installations, including
private swimming pools and tennis courts.
(6) Home occupations not to include special home
occupations as defined in Section 35 -900.
(7) Signs as permitted in the Brooklyn Center Sign
Ordinance.
(8) A temporary real estate tract office for the
purpose of selling lots on the tract upon which
it is located.
(9) The renting of not more than two sleeping rooms by
a resident family, provided adequate off - street
parking is provided.
(10) Tents, stands and other temporary structures for
churches, charities, carnivals and similar purposes
as provided by Section 35 -800 of these ordinances.
2. Special Uses
(a) Chapels, churches, temples and synagogues, provided
primary vehicular access shall be qained to the uses by a collector
or arterial street.
(b) Public and private elementary and secondary schools
offering a regular course of study accredited by the Minnesota
Department of Education, provided primary vehicular access shall
be gained to the uses by a collector or arterial street.
(c) Golf courses and accessory buildings essential
to the operation of a golf course.
(d) Nursing homes and rest homes provided primary
vehicular access shall be gained by a collector or arterial street.
(e) Cemeteries.
(f) Publicly owned structures, other than poles and
undergrouhd facilities in easements or in rights -of -way of public
streets or alleys.
(g) Special home occupations as defined in Section 35 -900.
(h) Other, non-commercial uses required for the public
welfare in an R2 district, as determined by the City Council.
• Section 35 -312. R3 MULTIPLE FAMILY RESIDENCE DISTRICT
1. Permitted Uses
(a) Townhouse or garden apartments as defined in
Section 35 -900-.
(b) Parks, playgrounds, athletic fields and other
recreational uses of a non - commercial nature.
(c) Accessory uses incidental to the foregoing principal
uses when located on the same property with the use to which it is
accessory, but not including any business or industrial accessory
use. Such accessory uses to include but not be restricted to the
following:
(1) Offstreet parking and offstreet loading.
(2) Garages, carports, screen houses, conservatories,
etc., for use by the occupants of the principal use.
• (3) Public recreational structures in parks, playgrounds
and athletic fields.
(4) Playground equipment and installations, including
_private swimming pools and tennis courts.
(5) Home occupations not to include special home
occupations as defined in Section 35 -900.
(6) Signs as permitted in the Brooklyn Center Sign
Ordinance.
(7) A temporary tract office for the purpose of promoting
the development in which it is located.
2. Special Requirements
(a) See Section 35 -410 of these ordinances.
3. Special Uses
(a) Non - commercial uses required for the public welfare
. in an R3 district, as determined by the City Council.
Section 35 -313. R4 MULTIPLE FAMILY RESIDENCE DISTRICT
1. Permitted Uses
(a) Multiple family dwellings of one and one -half or
two stories in height.
(b) R3 uses, provided such uses shall adhere to the
district reauirements that prevail in the R3 zoning district.
(c) Parks, playgrounds, athletic fields and other
recreational uses of a non - commercial nature.
(d) Accessory uses incidental to the foregoing principal
uses or to the following special uses when located on the same
property with the use to which it is accessory, but not including any
business or industrial accessory uses. Such accessory uses to
include but not be restricted to the following:
(1) Offstreet parking and offstreet loading.
• (2) Garages for use by occupants of the principal use.
(3) Playground equipment and installations, including
swimming pools and tennis courts.
(4) Siqns as permitted in the Brooklyn Center Sign
Ordinance.
(5) A real estate office for the purpose of leasing
or sellinq apartment units in the development
in which it is located.
2. Special Requirements
(a) See Section 35 -410 of these ordinances.
3. Special Uses
(a) Nursing care homes, maternity care homes, boarding
care homes and child care homes, provided that these institutions
shall, where required by state law, or regulation, or by municipal
ordinance, be licensed by the appropriate state or municipal
authority. ;
i lll
Section 35 -314. R5 MULTIPLE FAMILY RESIDENCE DISTRICT
1. Permitted Uses
(a) Multiple family dwellings of two and one half or
three stories in height.
(b) R3 uses, provided such uses shall adhere to the
district requirements that prevail in the R3 zoning district.
(c) R4 uses, provided such uses shall adhere to the
district requirements that prevail in the R4 zoning district.
(d) Parks, Dlavgrounds, athletic fields and other
recreational uses of a non - commercial nature.
(e) Accessory uses incidental to the foregoing principal
uses or to the following special uses when located on the same
property with the use to which it is accessory, but not including
anv business or industrial accessory use. Such accessory uses to
include but not be restricted to the following:
• (1) Offstreet parkina and offstreet loading.
(2) Garages and ramps for use by occupants of the
principal use.
(3) Plavaround equipment and installations, including
swimming pools and tennis courts.
(4) Signs as permitted in the Brooklyn Center Sign
Ordinance.
(5) A real estate office for the purpose of leasing
or selling apartment units in the development in
which it is located.
s
2. Special Requirements
(a) See Section 35 -410 of these ordinances.
3. Special Uses
(a) Nursinq care homes, maternity care homes, boarding
care homes and child care homes provided that these institutions
shall, where required by state law, or regulation or by municipal
ordinance, be licensed by the appropriate state or municipal
- huthority.
• area shall be improved with a minimum of 2 inches of hot mixed paver
laid bituminous mat, or a comparable concrete slab, placed over a
well compacted subgrade and gravel base. The base gravel shall con-
form to the Minnesota Highway Department specifications for Class
5 gravel.
In other than R1 and R2 districts, drainage plans shall be
submitted to and approved by the City Engineer; drainage shall be
discouraged across sidewalks or dfiveways. The perimeters of all
driving and parking areas shall be bounded by a cast inplace con-
crete curb not less than 18 inches in overall height and not less
than 6 inches in width, with a vertical exposed surface of 6 inches.
Other shapes of concrete curbs or concrete curb and gutter may be
permitted providing the design provides an equal cross sectional
area and is approved in writing by the City Engineer. The concrete
used for curbing shall conform to the current City specifications.
Section 35 -711. PARKING LOT SCREENING
All open off - street parkinq areas havinq more than 6 parking
spaces and all off - street loadinq and unloadinq spaces shall be
effectively screened from any abutting residential lots by a
solid wall or opaque fence 6 feet high, or by such other device as
may be approved by the City Council. The screeninq device shall not
extend within 10 feet of any street riqht- of -way. Off- street parking
areas within any yard which abuts a street shall be screened from
street view by a screeninq device as approved by the City Council.
Section 35 -712. LIGHTING
All exterior lighting shall be provided with lenses, reflectors,
or shades, so as to concentrate illumination on the property of the
owner or operator of said illumination devices. Rays of light
shall not pass beyond the property lines of the premises utilizing
such illumination at an intensity greater than three (3) footcandles
measured at property lines abuttinq residentially zoned property,
or ten (10) footcandles measured at property lines abutting street
right -of -way or non - residentially zoned property. No glare shall
emenate from or be visible beyond the boundaries of the illuminated
premises.
"String lighting" as defined in Section 35 -900 is specifi
prohibited.
• Section 35 -720. JOINT PARKING FACILITIES
With respect to development complexes. the rea yxrPd =arlrin7
facilities to serve two or more uses may be located on the same
lot or in the same structure, provided that the total number of
• Section 35 -410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6, AND
R7 DISTRICTS
1. All storage shall be contained wholly within an enclosed
building.
2. The incineration of waste matter shall be conducted in
approved equipment located within the building wherein the permitted
use is conducted. Equipment shall be considered "approved" when
approved by the zoning official and sanitarian.
3. Where a proposed R3, R4, R5, R6 or R7 development abuts
an RI or R2 district other than at a public street line, buffer
provisions shall be established. There shall be provided a protective
strip not less than 25 feet wide in the case of R6 and R7 uses and
not less than 15 feet wide in the case of R3, R4 and R5 uses. The
protective strip shall contain an opaque fence or a Council approved
substitute. The protective strip shall be landscaped and not be
used for parking, garages, driveways, off - street loading or storage.
The screening device design must be approved by the City Council
as being in harmony with the residential neighborhood and providing
• sufficient screening of the multiple dwelling_ area. A proposed
fence shall be no less than 4 feet in height and shall not extend
within 10 feet of any street right -of way.
4. No building permit shall be issued until a site and parking
12yout has been approved as provided in Section 35 -230. No parking
shall be permitted within 15 feet of the street right -of -way, and
the 15 foot area shall be maintained as a green strip.
5. On developments of sufficient magnitude so as to require
on -site water main or sewer main construction, plans for such
facilities shall be designed by and installed under the supervision
of a civil engineer registered in the State of Minnesota and shall
be submitted to and approved by the City Engineer. In cases where
on -site water or sewer main construction is required, the land
owner or developer shall enter into a water and sewer main and'fire
hydrant maintenance and inspection agreement with the City, which
agreement shall grant the City the right to enter the development to
accomplish maintenance, inspections or repairs that are in the
public interest. _
6. The site landscaping_ for proposed R3, R4, R5, R6 or R7
developments shall include 6 inch diameter or larger trees (as
measured 4 feet above the ground line) according to the following
minimum schedule:
• Section 35 -315. R6 MULTIPLE FAMILY RESIDENCE DISTRICT
1. Permitted Uses
(a) Multiple family dwellings of four or five stories
in height.
(b) Low rise multiple family dwellings of one and one
half through three stories in height, provided such low rise
dwellings are part of a planned integral development with (a)
above. Further provided such low rise dwellings:
(1) Shall contain no more than 65/ of the
total dwelling units in the planned
development.
(2) Shall conform to the density requirements
of the zoning district which their respective
heights prescribe.
(c) Retail food shops, drycleaning pickup stations,
• beauty parlors, barber shops, and valet shops within multiple
family dwellings containing 30 or more dwelling units. Such shops
shall be accessible to the public through a lobby with no advertising
or display to be visible from outside the building_, and shall be
restricted to the ground floor or subfloors.
(d) Accessory uses incidental to the foregoing principal
uses when located on the same property with the use to which it is
accessory, but not includinq any business or industrial uses. Such
accessory uses to include but not be restricted to the following:
(1) Offstreet Darkinq and offstreet loading.
(2) Garages and ramps for use by occupants of
the principal use.
(3) Swimming pools and tennis courts.
(4) Signs as permitted in the Brooklyn Center
Sign Ordinance.
(5) A real estate office for the purpose of leasing
• or selling apartment units in the development in
which it is located.
I
2. Special Requirements
(a) See Section 35 -410 of these ordinances.
I
• Section 35 -316. R7 MULTIPLE FAMILY RESIDENCE DISTRICT
1. Permitted Uses
() Multiple s of six stories or more
P le famil y dwellings
in height.
(b) Low rise multiple family dwellings of two and one
half through five stories in height, provided such low rise
dwellings are part of a planned integral development with (a)
above. Further provided such low rise dwellings:
(1) Shall contain no more than 65/ of the
total dwelling units in the planned
development.
(2) Shall conform to the density requirements
of the zoning district which their respective
heights prescribe.
(c) Retail food shops, drvcleaninq pickup stations, beauty
parlors, barber shops, and valet shops within multiple family
dwellings containing 30 or more dwelling units. Such shops shall
be accessible to the public through a lobby with no advertising
or displav to be visible from outside the building, and shall be
restricted to the ground floor or subfloors.
(d) Accessory uses incidental to the foregoing principal
uses when located on the same property with the use to which it is
accessorv, but not including any busine.ssor industrial accessory
use. Such accessory_ uses to include but not be restricted to the
following:
(1) Offstreet parking and offstreet loading.
(2) Garages and ramps for use by occupants of
the principal use.
(3) Playground equipment and installations
including swimming pools and tennis courts.
(4) Signs as permitted in the Brooklyn Center
Sign Ordinance.
(5) A real estate office for the purpose of leasing
or selling apartment units within the develop-
ment in which it is located.
•
2. Special Requirements
(a) See Section 35 -410 of these ordinances.
Section 35 -320. C1 SERVICE /OFFICE DISTRICT
1. Permitted Uses
The following service /office uses are permitted in the C1
district, provided that the height of each establishment or building
shall not exceed two stories:
(a) Nursing care homes, maternity care homes, child
care homes, boarding care homes, provided, however
that such institutions shall, where required by
state law, or regulations of the licensing
authority, be licensed by the appropriate state
or municipal authority.
(b) Finance, insurance, real estate and investment
office.
(c) Medical, dental, osteopathic, chiropractic and
optometric offices.
(d) Legal offices, engineering and architectural offices,
educational and scientific research offices (excluding
laboratory facilities), accounting, auditing and
bookkeeping offices, urban planning agency offices.
(e) Religious uses, welfare and charitable uses,
libraries and art galleries.
(f) Beauty and barber services.
(g) Funeral and crematory services.
(h) Photographic services.
(i) Apparel repair, alteration and cleaning pick -up
stations, shoe repair.
(�) Advertising offices provided that the fabrication
signs shall of si
g' 11 not be a permitted use.
• (k) Consumer and mercantile credit reporting service
office. adjustment and collection service offices.
(1) Duplicating, mailing_ and stenographic service
offices.
(m) Employment agency offices.
(n) Business and management consultant offices.
(o) Detective and protective agency offices.
(p) Equipment rental and leasing services.
(q) Contractor's offices
(r) Governmental offices.
(s) Business association, professional membership
organizations, labor unions, civic,.social and
fraternal association offices.
• (t) Accessory uses incidental to the foregoing principal
uses when located on the same property with the use
to which it is accessory. Such accessory uses to
include but not be restricted to the following:
(1) Offstreet parking and offstreet loading.
(2) Signs as permitted in the Brooklyn Center
Sign Ordinance.
(3) The compounding, dispensing or sale (at retail)
of drugs, prescription items, patent or
proprietery medicines, sick room supplies,
prosthetic devices or items relating to any
of the foregoing when conducted in the building
occupied primarily by medical, dental,
ostheopathic, chiropractic or optometric
offices.
(u) Other uses similar in nature to the aforementioned
uses, as determined by the City Council.
2. Special Requirements
(a) See Section 35 -411 of these ordinances.
Section 35 -321. ClA SERVICE OFFICE DISTRICT
1. Permitted Uses (No height limitation)
(a) All of the permitted uses set forth in Section 35 -320
shall be bermitted in a builldina or establishment in the ClA district.
2. Special Requirements
(a) See Section 35 -411 of these ordinances.
Section 35 -322. C2 COMMERCE DISTRICT
1. Permitted Uses
(a) The retail sale of food.
• (b) Eating establishments, provided they do not
offer live entertainment and further provided-
that this category does not permit drive -in
eating places.
(c) The following uses:
(1) The retail sale of heating and plumbing
equi ment, paint, glass, and wallpaper,
electrical supplies, and building supplies.
(2) The retail sale of tires, batteries and
automobile accessories and marine craft
accessories.
(3) The retail sales of apparel and related
accessories.
(4) The retail sale of furniture, home furnishings
and related equipment.
(5) The retail sale of miscellaneous items such
. as the following:
i
Drugs and proprietory items
Liquors
Antiques and second hand merchandise
Books and stationery
Garden supplies
Jewelry
Flowers and floral accessories
Cigars and cigarettes
Newspapers and magazines
Cameras and photographic supplies
Gifts, novelties and sourvenirs
Pets
Optical goods
Sporting goods and bicycles
(d) Service /office uses described in Subsection (b)
through (t) of Section 35 -320.
(e) The following repair /service uses:
• (1) Electrical repair service shops.
(2) Household appliances, electrical supplies,
heating and plumbing equipment.
(3) Radio and television repair service shops.
(4) Watch, clock and jewelry repair service shops.
(5) Re- upholstery and furniture repair shops.
(6) Laundering, dry cleaning, and dyeing.
(f) The followinq medical and health uses:
(1) Hospitals, not including animal hospitals.
(2) Medical laboratories.
(3) Dental laboratories.
(q) The following contract /construction uses:
• (1) Building construction contractors offices.
(2) Plumbing, heating and air conditioning
contractors offices.
i
• (3) Paintina. gaper hanaing and decorating
contractors offices.
(4) Masonrv, stone work, tile setting and
Plastering contractors offices.
(5) Carpentering and wood flooring contractors
offices.
(6) Roofing and sheet metal contractors offices.
(7) Concrete contractors offices.
(8) Water well drilling contractors offices.
(h) Educational uses.
M Accessory uses, incidental to the foregoing principal
uses when located on the same property with the use
to which it is accessory. Such accessory uses to
include but not be restricted to the following:
(1) Offstreet parking and offstreet loading.
(2) Signs as permitted in the Brooklvn Center
Sian Ordinance.
(3) Outside disD] av and sale of merchandise
provided that an administrative permit is
first obtained pursuant to Section 35 -800
of these ordinances.
(1) Other uses similar in nature to the aforementioned
uses, as determined by the Citv Council.
2. Special Requirements
(a) See Section 35 -412 of these ordinances.
3. Special Uses
(a) Gasoline service stations (See Section 35 -414),
motor vehicle repair and auto washes provided thev
. do not abut an Rl. R2. or R3 district, including
abutment at a street line; trailer rental in
conjunction with these uses, provided that there
is adequate trailer p arking spane
i
(b) The sale or vending at gasoline service stations
of items other than fuels, lubricants or automotive
parts and accessories ( and other than the vending
of soft drinks, candy. cigarettes and other
incidental items for the convenience of customers
within the principal building)` provided adequate
Parking is available consistent with Section
35 -704. 2 (b) and 2 (c) .
(c) Drive -in eatina establishments provided thev do not
abut an R1. R2. or R3 district including abutment
at a street line.
(d) Eating establishments offering live entertainment.
recreation and amusement places such as motion
Picture theatres and legitimate theater, sports
arenas, bowling allevs, skating rinks, recreation
centers. gvmnasiums and athletic clubs, all
Provided they do not abut an R1. R2, or R3
district, includina abutment at a street line.
• (e) The sale of motor vehicles at retail.
(f) The out of door displav and sale of marine craft
at retail.
(g) Transient lodging.
(h) Animal hospitals.
(i) Public transportation terminals (excluding truck
terminals) .
(j) Clubrooms and lodges.
Section 35 -330. I -1 INDUSTRIAL PARK
1. Permitted Uses
(a) The following manufacturing activities:
(1) Food and kindred products as illustrated by:
• Dairy products
Bakery products
Confectionery and related products
Beverages, with the exception of malt liquors
Macaroni, spaghetti., and noodles
•
(2) Apparel and other finished products made
from fabrics, leather, and similar materials.
(3) Lumber and wood products, except saw mills
and planing mills producing dimensioned
lumber.
(4) Furniture and fixtures.
(5) Converted paper and paperboard products (as
opposed to paper and paperboard manufacturing).
(6) Printing and publishing and allied industries.
(7) Chemicals and allied products as follows:
Drugs
Soaps, detergents and cleaning preparations,
perfumes, cosmetics and other toilet preparations
(comp ounding and packaging only)
• (8) Miscellaneous plastic products.
(9) Fabricated metal products as illustrated by:
Office computing and accounting machines
Household appliances
Electrical lighting and wiring equipment
Communication equipment, including radio and
television receiving sets
Electronic components and accessories
Screw machine products
(10) Professional, scientific, electronic and
controlling instruments, photographic and
optical goods, watches and clocks.
(11) Miscellaneous manufacturing such as jewelry and
silverware, musical instruments and parts, toys,
amusements, sporting and athletic goods and pens,
pencils and other office and artistic material.
. (b) The following wholesale trade activities:
(1) Automotive equipment
(2) Drugs, chemicals and allied products
•
(3) Dry goods and apparel
(4) Groceries and related products
(5) Electrical goods
(6) Hardware. plumbing. heating equipment and
supplies
(7) Machinery, equipment and supplies
(8) Other wholesale trade similar in nature to the
aforementioned uses such as paper and paper
Products. furniture, and home furnishings, and
beer, wine and distilled alcoholic beverages,
but expressly excluding petroleum bulk stations
and scrap and waste materials and similar uses.
(c) The following service activities:
(1) Laundrvinq, dry cleaninq and dyeing
(2) Contract construction
(3) Kennels
(4) Veterinarian and animal hospitals
(5) Automobile and truck rental and leasing
(d) Public transportation terminals (excluding truck
terminals) .
(e) Accessory uses incidental to the foregoing principal
uses when located on the same property with the use
to which it is accessorv. Such accessory uses to
include without being restricted to the following:
(1) Offstreet parking and offstreet loading.
(2) Signs as permitted in the Brooklyn Center
Sign Ordinance.
. (3) Storage of raw materials, work in process and
inventory, provided such storage is within
completely enclosed buildings.
i
• (f) Other uses similar in nature to the aforementioned
uses, as determined by the City Council.
2. Special Requirements
(a) See Section 35 -413 of these ordinances.
3. Special Uses
(a) Foundries, provided that the foundry operation is
a necessary incident to a principal use permitted
in the I -1 district.
(b) Textile mills.
(c) Gasoline service stations (See Section 35 -414),
motor vehicle repair and auto washes provided they
do not abut an Rl, R2, or R3 district, including
abutment at a street line; trailer rental in
conjunction with these uses, P rovided that there is
adequate trailer parking s pace.
• (d) Retail sales of products manufactured, processed, or
wholesaled on the use site.
Section 35 -331. I -2 GENERAL INDUSTRY
1. Permitted Uses
(a) The following manufacturing activities:
(1) Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionery and related products
Beverages, with the exception of malt or
malt liquors
Macaroni, spaghetti and noodles
(2) Textile mile products
(3) Apparel and other finished products made from
• fabrics, leather and similar materials.
(4) Lumber and wood products, except saw mills
and planing mills producing dimensioned lumber.
(5) Furniture and fixtures.
(6) Converted paper and paperboard products (as
opposed to paper and paperboard manufacturing).
(7) Printing, publishing and allied industries.
(8) Chemicals and allied products as follows:
Drugs
Soaps, detergents and cleaning preparations,
Perfumes, cosmetics and other toilet preparations
(compounding and packaging onlv).
(9) Miscellaneous plastic products.
A
(10) Fabricated metal products as illustrated bv:
'r.
•
office computing and accounting machines
Household appliances
Electrical liahtind and wiring eauipment
Communication eauipment, including radio and
television receiving sets
Electronic components and accessories
Screw machine products
Coating. enaravina and allied services
(11) Professional. scientific, electronic and controlinq
instruments, photographic and optical goods,
watches and clocks.
(12) Miscellaneous manufacturing goods such as
iewelry and silverware, musical instruments and
parts, tovs, amusement, sporting and athletic
goods and pens, pencils and other office and
artistic materials.
(b) The following wholesale trade activities:
(1) Motor vehicles and automotive equipment.
• (2) Drugs, chemicals and allied products.
(3) Dry goods and apparel.
i
14) Groce and re lip,#Pd products.
(5) Electrical goods
(6) Hardware, plumbing, heating equipment and supplies.
(7) Machinery, equipment and supplies.
(8) wholesale trade similar in nature to the
aforementioned uses such as paper and paper
products, furniture and home furnishings and
beer, wine and distilled alcoholic beverages,
but expressly excluding petroleum bulk stations
.nd scrap and waste materials and similar uses.
(c) The following service activities:
(1) Laundryinq, dry cleaning and dyeing.
(2) Warehousing and storage.
• (3) Automobile and truck repair and wash.
(4) Contract construction.
(5) Kennels.
(6) Veterinarian and anginal hospitals
(7) Automobile and truck rental and leasing.
(8) Gasoline service stations (See Section 35 -414),
motor vehicle repair and auto washes provided they
do not abut an R1, R2, or R3 district, including
abutment at a street line; trailer rental in
conjunction with these uses, provided that there is
adequate trailer parking space.
(d) Truck terminals or exchange stations.
(e) Public transit terminals.
• (f) Accessory uses incidental to the foregoing principal
uses when located upon the same property.with the
use to which it is accessory. Such accessory uses
to include but not be restricted to the following:
•
(1) Offstreet parking and offstreet loading.
(2) Signs as permitted in the Brooklyn Center
Sign Ordinance.
(3) Storage of materials, provided that when the
use abuts or is adjacent to any residential
zone such storage shall be within completely
enclosed buildings or effectively screened by
a solid wall or fence, including solid entrance
and exit gates not less than six feet nor more
than eight feet in height.
(g) Other uses similar in nature to the aforementioned
uses, &s' determined by the City Council.
2. Special Requirements
(a) See Section 35 -413 of these ordinances.
3. Special Uses
• (a) Foundries, provided that the foundry operation is
a necessary incident to a principal use permitted
in the I -2 district.
(b) Retail sales of products manufactured, processed, or
wholesaled at the use site.
Section 35 -340. 0 -1 PUBLIC OPEN SPACE DISTRICT
1. Permitted Uses
(a) Public parks, playgrounds, athletic fields, and
other recreational uses of non - commercial nature.
(b) Accessory uses incidental to the foregoing principal
uses when located on the same property with the use
to which it is accessory but not including any
business or industrial use. Such accessory uses
to include but not be restricted to the following:
(1) Offstreet parking
• (2) Public recreational buildings and parks,
playgrounds and athletic fields.
(3) Signs as permitted in the Brooklyn Center
Sign Ordinance.
Section 35 -341. 0-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT
1. Permitted Uses
(a) Public parks, playgrounds, athletic fields and
other recreational uses of a non - commercial nature.
(b) Commercial recreational facilities of a semi -
open nature such as golf courses and golf driving
ranges.
(c) Accessory uses incidental to the foregoing principal
uses when located on the same property with the use
to which it is accessory but not including any
business or industrial uses. Such accessory uses
to include but not be restricted to the following:
(1) Offstreet parking
(2) Public recreational buildings and parks,
playgrounds and athletic fields.
•
(3) Signs as permitted in the Brooklyn Center Sign
Ordinance.
•
SEC'T'ION 35 -400. TABLE OF MINIMUM DISTRICT REQUIREMENTS
Yard Setbacks (
Land -(
Area Width ( (5) Side (5) Side
District (Sq.Ft.) (Feet) Front Rear(6)Interior Corner
4t1 and R2
One Family Dwelling (Interior Lot) 9,500 /unit 75 35 40 10 25
One Family Dwelling (Corner Lot) 10,500 /unit 90 35 40 10 25
Two Family Dwelling (Interior Lot) 6.200 /unit 75 35 40 10 29
Two Familv Dwellina (Corner Lot) '5.200 /unit 90 35 40 10 7q
R3 (See Sec. 35 -410) 5.400 /unit --(7) 35 40 --(7) 25
R4 (See Sec. 35 -410) 3.600 /unit 100 35 40 10 9r,
R5 (See Sec. 35 -410) 2.700 /unit 100 35 ( 40 ( 1 5 (4) 9�5 (4)
R6 (See Sec. 35 -410) 1.800 /unit 100 50 ( 40 ( 20 ( 50 (
R7 (See Sec. 35 -410) 1.400 /unit -- 50 ( 40 ( 20 ( 50 (
Cl (See Sec. 35 -411) - - -- 75 35 40 10 25
C1A (See Sec. 35 -411) - - -- 75 35 (4 ) 40 (4) 10 (4) 2.0
C2 (See Sec. 35 -412) - - -- 50 35 (4) 40 ( 10 ( 25 (
I -1 (See Sec. 35 -413) - - -- 100 50 25 10 50
I -2 (See Sec. 35 -413) - - -- 100 35 25 10 25
(1) In the case of residential uses. the minimum land area shall apply to each dwP11;na
except that such minimum land area shall be reduced by 25 per cent in the case of efficiency
units. No more than 10 per cent of the total number of dwelling units in a multiple dwelling
may be efficiency units. The minimum land area shall be adjusted as follows;
(a) For each required parking stall in or under a multiple residence or
otherwise completely underground, subtract 500 square feet from the
required total minimum land area.
(b) For each bedroom in excess of two in any one multiple family dwelling
unit, add 250 square feet to the required total minimum land area.
( Where no more than 3 interior lots have frontage on a "cross street ", and where the corner
,lots are developed so that one side yard of each corner lot faces the "cross street ", the
front yard setback of the interior lots may conform to the side yard setbacks of the corner
primary structures. Setbacks along major thoroughfares as designated in Section Jb -9UU
shall in no event be less than 50 feet, measured from the street right -of -way line.
(3) _Garages must be set back at least 3 feet from an interior side lot line. Interior side yard
setback requirements may be waived in commercial and industrial districts where abutting
commercial and industrial property owners wish to abut along a common wall built along the
property line.
(4) wh,=n n },iii l rli ng of 2 stories or more in an R5, R6, R7, ClA or C2 zone abuts an Rl or R2
zone, the setback of this building from the R1 or R2 property shall be no less than twice
the height of the building.
(5) In the case of corner lots, the lot lines not abutting street right -of -way shall, for the
purpose of this ordinance, be considered side- interior lot lines, and except as otherwise
provided, the use shall adhere to the setback requirements set out for interior side yards.
(6) Except as otherwise provided, garages shall be permitted to be constructed to within 5 feet
of the rear property line.
(7) Lot width shall be a function of the width of the townhouse unit. Where a townhouse unit
abuts any other use, the interior -side yard setback shall be a minimum of 10 feet.
(g) The following shall not be considered as encroachments on yard setback requirements:
(a) In any yards: Offstreet open parking spaces; terraces, awnings; canopies;
steps not exceeding 10/ of the area of the yard; chimneys; flagpoles; air
conditioner condensers; fences, hedges, or walls provided they shall not
gxceed four feet in height in front, side, or rear yards abutting streets
and provided they do not impede vision within the sight triangle described
in Section 35 -560.
(b) In rear yards: Recreational and laundry drying equipment; arbors and
trellises; balconies limited to 15/ of the yard area; breezeways, open
porches; detached outdoor living rooms (patios).
• • 0
• One tree for the first 6 dwelling nits
g (or portion
thereof); one tree for each 7 dwelling units (or
Portion thereof) in excess of 6 units, but not
exceeding 97 units; one tree for each 10 dwelling
units (or portion thereof) in excess of 97 units,
but not exceeding 197 units; one tree for each 13
dwelling units (or portion thereof) in excess of
197 units.
Tree specie shall be long -lived hardwood as approved by the City
Council. Six inch and larger trees existing_ on the site may be
credited toward the foregoing requirements.
Section 35 -411. SPECIAL REQUIREMENTS IN Cl and C1A DISTRICTS
1. All storage, display. service, repair or processing shall
be conducted wholly within an enclosed building.
2. Incineration of waste material shall be conducted in
approved equipment locaited within the building wherein the permitted
use is conducted. Equipment shall be considered "approved" when
approved by the zoning official and sanitarian.
3. Where a Cl or ClA development abuts an R1, R2, or R3
district other than at a public street line, buffer provisions
shall be established. There shall be provided a protective strip
not less than 15 feet wide with an opaque fence or wall or a
Council approved substitute. The protective strip shall not be
used for parking, driveways, offstreet loading or storage and
shall be landscaped. The screening device design must be approved
by the City Council as being in harmony with the residential
neighborhood and providing sufficient screening of the Cl or C1A
area. A proposed fence or wall shall be no less than 4 feet in
height and shall not extend within 10 feet of any street right-of-
way.
4. No building permit shall be issued until a site and parking
layout has been approved as provided in Section 35 -230. No parking
shall be permitted within 35 feet of any major thoroughfare right -
of -war or within 15 feet of any other right -of -way and the 35
foot or 15 foot area shall be maintained as a green strip.
5. On developments of sufficient magnitude so as to require
• on -site water main or sewer main construction, plans for such
facilities shall be designed by and installed under the supervision
of a civil engineer registered in the State of Minnesota and shall
be submitted to and approved by the City Engineer. In cases where
on -site water or sewer main construction is required, the land
• owner or developer shall enter into a water and sewer main and fire
hvdrant maintenance and i nspection agreement w ith the Citv which
agreement shall errant the Citv the right to enter the development
to accomplish maintenance, inspection or repairs that are in the
public interest.
Section 35 -412. SPECIAL REQUIREMENTS IN C2 DISTRICTS
1. All storage, displav, service, repair or processing shall
be conducted whollv within an enclosed building or behind an opaque
fence or wall not less than 6 feet high, except that the outdoor
storage of merchandise during business hours on a private Dedistrian
walkwav located continuous to the urimary building is not Drohibited
by this section. This requirement shall not apuly to the out of
door storage and displav of new and used motor vehicles or marine
craft for which a special use permit has been issued. Neither
shall the requirement aDDly to the out of door retail sale of
food at a drive -in eat.ina_ establishment for which a special use
permit has been issued. Temporary outdoor storaae and displav of
merchandise may be allowed, bV x,ermit - pursuant to Section 35 -800
of this ordinance.
• 2. The incineration of waste matter shall be conducted in
approved equipment located within the building wherein the Permitted
use is conducted. EauiDment shall be considered "aD_u_roved" when
approved by the zoning official and sanitarian.
3. Where a proposed C2 development abuts an Rl. R2, or R3
district other than at a public street line, buffer provisions shall
be established. There shall be provided a protective strip of not
less than 35 feet in width. The protective strip shall not be used
for parking, driveways. offstreet loading or storaa_e and shall be
landscaped. The landscape treatment shall contain an opaque
fence or wall which shall not extend within 10 feet of any street
riqht- of -way. The fence or wall design must be approved by the
Citv Council as being in harmonv with the residential neighborhood
and providing sufficient screening of the commercial area. The
fence or wall shall be eight feet in height. The protective strip
shall contain no structures other than the aDDroved fence or wall.
4. No building permit shall be issued until a site and parking
lavout has been approved as Provided in Section 35 -230. No parking
shall be permitted within 15 feet of the street right- of -wav and
• this 15 foot area shall be maintained as a green strip.
4
5. On developments of sufficient magnitude so as to require
on -site water main or sewer main construction, plans for such
facilities shall be designed by and installed under the supervision
of a civil engineer registered in the State of Minnesota and shall
be submitted to and ap - roved by the City Engineer. In cases where
on -site water or sewer main construction is required, the land
owner or developer shall enter into a water and sewer main and fire
hydrant maintenance and inspection agreement with the City, which
agreement shall grant the City the riaht to enter the development to
accomplish maintenance,_ inspections or repairs that are in the
public interest.
Section 35 -413. SPECIAL REQUIREMENTS IN I -1 AND I -2 DISTRICTS
1. Buffer and setback
Where a proposed I -1 or I -2 developments abuts an Rl. R2, or
R3 district other than at a public street line,_ buffer provisions
shall be established. There shall be provided a protective strip_
of not less than 100 feet in width. The protective strip shall
not be used for parking,driveways, offstreet loading or storaae
• and shall be landscaped. The landscape treatment shall contain
an opaque fence or wall which shall not extend within 10 feet of any
street right- of -way. The fence or wall desi.an must be approved by
the City Council as being in harmonv with the residential neiahborhood
and providing sufficient screeninq of the industrial area. The
fence or wall shall be eight feet in height. The protective strip
shall contain no structures other than the approved fence or wall.
Where a proposed I -1 or I -2 devalopment faces any residential
district (Rl through R7) across a street, buffer provisions shall
be established consisting of a protective strip along said street.
The protective strip shall be no less than 50 feet in width, shall
contain no structures, shall not be used for parking, offstreet
leading, storage, or any other activity, and shall be landscaped.
Activity areas shall be effectively screened from view of the
residential district in a manner to be approved by the City Council.
2. Explosives
No activities involving the storage, utilization or manu-
facture of materials or products which could be detonated shall be
permitted except such as are specifically licensed by the City
• Council. Such prohibited materials shall include but not be
confined to: all primary explosives, such as lead oxide and lead
sulphate; all high explosives and boosters such as TNT and RDS,
tetryl and ammonium nitrate; propellants and components thereof such
as nitrocellusous black powde a mmoniu m Perchlor and nitro
glycerin, blasting explosives such as dynamite powder, magnesium,
potassium chlorite, potassium permanganate, potassium nitrate, and
potassium nitrite and reactive - propellant materials.
3. Noise
Noise shall not exceed decibels on any octave band
frequency measured at any point along the property line of the
use and operation. Decibel level shallsbe measured by equipment
meeting the specifications of the American Society for Testing and
Materials.
4. Vibration
No activity or operation shall at any time cause earth
vibrations perceptible beyond the limits of the immediate site on
which the operation is located. ft
. 5. Incineration
The incineration of waste matter shall be conducted in
approved equipment located within the building wherein the permitted
use is conducted. Equipment shall be considered "aDDroyed" when,
approved by the Zoning Official and the Sanitarian.
No smoke or other effusive or particulate matter shall
be discharged more opaque or dark than the No. 1 classification of
the Ringelman Smoke Chart published by the United States Bureau
of Mines. Measurements shall be at the point of emission. No
solid or liquid particulars of any type shall be emitted in such
concentration that they become detectable at the limits of the
immediate site.
6. Odor
None of the uses shall at any time cause the discharges of
toxic, noxious or ordorous matters in such concentrations as to be
detectable beyond the limits of the immediate site.
7. Glare and Heat
• Glare and heat whether directed or reflected shall not
be detachable beyond the limits of the immediate industrial site
from which it originates.
I
•
8. Wastes
All solid waste materials, debris, refuse or garbage not
disposed of through the public sanitary sewage system shall be
kit in a completely enclosed building or properly contained in a
closed container designed for such purposes. All wastes shall
be treated in compliance with existing legislation.
9. Outdoor Storage and Activity
In t ind ,st'.rial. nark district (T-1) all production,
storage, servicing, or merchandising,_ except offstreet parking and
offstreet loading shall be conducted within completely enclosed
buildings.
10. Lakeshore Setback
No industrial activity shall extend within 50 feet of a
lakeshore or a natural drainage way.
• 11. Parkina
No building permit shall be issued until a site and parking
layout has been approved as provided in Section 35 -230. No parking
shall be permitted within 15 feet of the street right -of -way and
this 15 foot area shall be maintained as a green strip.
12. Compliance
None of the permitted uses in either the general industrial
district or the industrial park district, during the period of their
operations, shall fail to satisfy any of the standards set forth
above. In determining compliance with those standards, the maiority
vote of the City Council shall be the test of detectability for
vibration, particulate matter, and odor, glare and heat. Before
making this determination, the Council shall personally observe
any alleged non - compliance.
For noise, odor, smoke and wastes, determination of
comp liance shall be by any independent testing organization satis-
factory to all parties concerned, or if there is failure to agree,
by such testing organizations as may be selected by the City Council
after ten days' notice to the alleged violator.
i
13. Utilities
On developments of sufficient magnitude so as to require.
• on -site water main or sewer main construction, plans for such
facilities shall be designed by and installed under the super-
vision of a civil engineer registered in the State of Minnesota
and shall be submitted to and approved by the City Engineer. In
cases where on -site water or sewer main construction is required,
the land owner or developer shall enter into a water and sewer main
and fire hydrant maintenance and inspection agreement with the
City, which agreement shall grant the Citv the right to enter the
development to accomplish maintenance. inspections or repairs
that are in the public interest.
Section 35 -414. SPECIAL REQUIREMENTS FOR AUTOMOBILE SERVICE
STATIONS.
Automobile service stations pose particular problems in
achieving compatibility_ with abutting and adjacent land uses
because of potentially detrimental aspects of their operation.
The problem is basically functional and esthetic, involving
traffic hazards, noise, light glare at night, outdoor storage of
merchandise, poor architectural design, indiscriminate advertising,
etc., all of which contribute to less enjovment and use of and
• reduction of property values in surrounding properties. It is
hereby determined that the general welfare will be better served
by minimizing adverse functional and esthetic conditions which
may result from operation of automobile service stations and that
the use, enjoyment, and improvement of surrounding property will
be enhanced by the following requirements:
1. Automobile service stations must front, and the primary
building face, on a street designated by the Citv Council as a
major thoroughfare. The minimum width of the use site shall be
130 feet and the minimum area shall be 20,000 square feet.
2. No service station shall be constructed on a parcel
which abuts an Rl, R2, or R3 district including abutment at a
street line. For the purpose of this paragraph, a parcel which
adjoins another parcel at one corner will be deemed to abut.,
3. Prior to anv construction, the owner or developer
shall comply with the requirements of Section 35 -230 which relates
to ap proval of plans. Any construction must conform to the drawings
and specifications as approved by the Citv Council. In evaluating
architectural design, the City Council shall follow the principle
that the building express sincere concepts and honest construction
and be compatible with surrounding buildings. The appearance of
the community and landscape is to be disturbed as little as
• Possible. Moreover, the design of the buildinqs and of the
canopy, if there is one, shall be in scale with the surroundinqs.
This sub - section shall apply to all exterior additions or alter-
ations including accessory structures and siqns.
4. No drivewav curb openinq will be permitted within forty
feet of the intersection of the property lines of a corner use site.
The maximum riqht angle width of any driveway shall be thirty feet,
at the property line. No drivewav shall be located within fifty (50)
feet of another driveway at the property line on the same use site,
or be flared outward on the boulevard in such a way as to encroach
upon the boulevard of abuttinq property.
5. Provisions shall be made for an unobstructed area free of
all vehicles, pumps, signs, displays or other materials which tend
to obscure vision where the use site is at the intersection of
two streets. The unobstructed area shall be bounded by the street
right -of -wav lines abuttina the lot and a straiaht line ioinina
points on such street lines, fiftv feet from the point of inter-
section of the street right -of -wav lines. This is not intended
to preclude one identification sian which is ten feet or more
• above the street qrade level and is supported bv_ a pedestal twelve
inches or less in diameter.
6. Facilities for chassis and gear lubrication and for washing
must be enclosed within the principal building. No merchandise may
be displayed for sale outside the principal building except within
four feet of the building or in pump islands unless enclosed by a
structure compatible with the building. No discarded trash,
parts, or tires may be stored outside the buildinq unless enclosed
by a durable structure compatible with the design of the principal
building.
7. Liqhtinq surrounding automobile service stations must meet
the provisions of Section 35 -712. Liahtinq desiqn must be submitted
to the Planninq Commission for recommendation to the City Council
and all lightinq shall conform to drawings and specifications
approved by the City Council.
8. Any required buffer or screeninq area shall be so constructed
and maintained as to keep the beam of automobile headliqhts from
shining into abutting properties.
•
• 9. There may be signs as permitted by the Brooklyn Center
Sign Ordinance.
10. The following activities are prohibited:
(a) Body work and painting.
(b) Motor vehicle parkinq, except that owners and
employees automobiles and a maximum of three service
vehicles may be parked. Automobiles beinq serviced
may be parked for a maximum period of 48 hours at
any one time.
11. The lawful use of land for anv automobile service station
existing at the time of the adoption of this ordinance may be
continued even if such use does not conform to the above regulations,
provided that the use is made to conform to these regulations except
subsections 1, 2, 3 and 4 above, within twelve months of the date
that this ordinance is adopted. Subsection 3 of Section 35 -414
shall apply to all exterior additions. alterations. accessory buildinas
and signs erected or constructed after the effective date of this
• ordinance.
12. The owner and leassee shall be jointly and severally
responsible for seeing that the above reaulations are observed.
Section 35 -500. SUBSTANDARD LOTS AND PARCELS
Any lot or parcel which was held in single ownership of record
on April 4, 1940, the date on which the City of Brooklyn Center
first adopted a zoning ordinance. and which does not meet the
requirements of this ordinance as to area, width, or other open
space may nevertheless be utilized for single family detached
dwelling purposes, provided the measurements of such area, width,
or open space are within 70/ of the requirements for them under
the terms of this ordinance.
Section 35 -510. DRAINAGE WAYS
No obstruction, diversion, bridginq or confining of the
existing channel of any natural waterway, or any drainage swale
approved as a part of the drainage system of a plat in the
municipality through which surface water in time of storms
• naturally flows upon or across the land, shall be permitted without
special permit. Before arantina a special permit, the zonina
official shall first find that the diversion, bridginq, etc. will
carry the amount of water usuallv likelv to flow. The riaht is
• reserved to the municipality as an incident to the development
of the municipality, including the construction of streets and
gutters, ditches, etc. to cause considerable increases or decreases
in the amount of water which would in a state of nature flow into
and through such natural water channel or drainage swale.
Section 35 -520. FRONTAGE ON A PUBLIC RIGHT-OF-WAY
Every parcel proposed for some use permitted by the terms
of this ordinance shall abut a public riq_ht -of -way, provided that
where unusual circumstances prevail, the City Council may waive
this requirement in favor of a reasonable alternative.
If a parcel does not abut a public riqht -of -way, the applicant
may cause an appropriate right -of -way to be dedicated to the
municipality provided that any such dedication must conform to
the official street layout plan, or in the event the official plan
does not comprehend such an appropriate riqht- of -wav, the dedication
shall conform to a street layout plan meeting the requirements of
Section 15 -106 of these ordinances, approved by the Director of
Public Works, and adopted by the City Council.
• Section 35 -530. BUILDINGS IN R1 AND R2 DISTRICTS
In R1 and R2 districts every building hereafter erected or
structurally altered shall be located on a lot, and in no case shall
there be more than one principal building on one lot. The term
"principal building" shall be given its common, ordinary
in case of doubt, or on any question of interpretation, the
decision shall rest with the zoning official.
1. No accessory building, unless an integral part of the
principal building, shall be erected, altered, or moved,
within eight feet of the principal building.
2. Accessory buildings may not be erected within the side
yard adjacent to the street of a corner lot.
3. No accessory building shall exceed 15 feet in height.
4. No basement, cellar, garage, tent, trailer or
accessory building shall at any time be used as a
residence or dwelling, temporarily or permanently.
•
• Section 35 -540. COMBINATION OF LAND PARCELS
Multiple parcels of land which are contiguous and adjacent
and which are proposed to serve a single development use and which
are under common ownership shall be combined into a single parcel
through platting or registered land survey.
Section 35 -560. VISIBILITY AT INTERSECTIONS
In order to preserve and promote the public safety, nothing
shall be erected, placed, planted, maintained, or allowed to grow
on a corner lot in any district in ouch a manner as materially
to impede vision between a height of two and one -half and ten feet
above the centerline grades of the intersection streets in the
triangle bounded by the property lines of such corner lot and a
straight line joining points on such property lines 25 feet from
their intersection of the property lines.
Section 35 -600. OFF - STREET LOADING
In connection with any use which is to be established or
substantially altered and which requires the receipt or distri-
bution of materials or merchandise by trucks or similar vehicles,
there shall be provided off - street loading space on the basis
of the following minimum requirements:
1. Minimum Number of Berths Required
(a) Fo.r retai1„ comm erce, wholesale c oinmercP , manufacturing
and warehousing:
Sq.Ft. of Aggregate Minimum Required
Gross Floor Area Number of Berths
Under 10,000 0
10,000 to 25,000 1
25,000 to 40,000 2
40,000 to 100,000 3
100,000 to 250,000 4
Each additional 200,000 1
(b) For other uses:
Space adequate for the convenient and uncongested
loading and unloading of materials.
2. Location
All loading berths shall be 25 feet or more from the inter-
• section of two street right -of -way lines. Loading berths
shall not occupy any yard requirements bordering a
street.
3. Size
The first berth required shall not be less than 12 feet in
width and 50 feet in length. Additional berths shall not
be less than 12 feet in width and 25 feet in length. All
loading berths shall maintain a height of 14 feet or more.
4. Access
Each loading berth shall be located so as to provide con-
venient access to a public street or alley in a manner
which will least interfere with traffic.
5. Accessory Uses
Any area designated as a required loading berth or access
drive so as to comply with the terms of this Ordinance
• shall not be used for storage of goods or inoperable
vehicles nor shall such area be included as a part of the
area necessary to meet the off - street parking area.
Section 35 -700. OFF- STREET PARKING REQUIREMENTS
Off - street parking and loading space shall be provided in all
districts in accordance with the requirements of this Ordinance.
There shall be no off - street parking, storage of vehicles nor
perimeter parking lot driveway within 15 feet of any street right -
of -way and this 15 foot strip shall be planted and maintained as
a green strip. In the case of Cl and C1A districts, there shall be
no off - street parking nor perimeter parking lot driveway within
35 feet of any major thoroughfare right -of -way and this 35 foot
strip shall be planted and maintained as a green strip. Off - street
parking in any residence district may include not more than one
commercial vehicle of 25 feet or less in length per dwelling unit
if used by the occupant of the premises for transportation to and
from his job. It shall be parked off the street on a space
adequate for its storage as forth in this section.
Section 35 -701. LOCATION OF OFF - STREET PARKING
All accessory off - street parking_ facilities required herein
shall be located as follows:
• k,
1. Spaces accessory to one and two family dwellings shall
be on the same lot as the principal use served.
2. Spaces accessory to multiple family dwellings shall be
on the same lot as the use served, within 400 feet of
the main entrance to the principal building served.
3. Spaces accessory to uses located in a business or
industrial district shall be on the same lot as the uses
served.
Section 35 -702. PARKING SPACE STANDARDS
The following minimum parking standards are hereby established
for all districts other than R1 and R2:
Space 2 Space Lengths Plus One Center Aisle
Angle Width Curb to Curb With Curb Overlap
90 (Two -way) 8 19.5 +19.5 +24.0 = 63 18.0 +18.0 +24.0 = 60
• 60" (One -way) 9 20.0 +20.0 +20.0 = 60 18.5 +18.5 +20.0 = 57
45 (One -way) 9'2" 18.0 +18.0 +16.5 = 52 17.0 +17.0 +16.5 = 50'6"
30" (One -way) 9'6" 15.0 +15.0 +16.5 = 46 14.0 +14.0 +16.5 = 44
0 (Parallel) 8'0" wide by 24'0" long, with 24 aisle
An accurate, dimensioned parking layout which complies with the
foregoing shall be submitted for approval with a site plan, and
parking arrangements shall thereafter comply with such layout.
Parking spaces shall be clearly designated by lines painted upon
the surface of the parking area.
Section 35 -703. ACCESS TO PARKING SPACE
In Rl, R2, and R3 districts, tandem parking spaces may be
permitted. In all other zoning districts, there shall be provision
for unobstructed ingress and egress for each single car space.
Access to off - street areas shall be restricted to driveways 30
feet or less in width. No two driveways on any sin-010 parcel
of land in a business or industrial district shall be less than
50 feet apart at the property line.
• Section 35 -704
MINIMUM PARKING SPACES REQUIRED
1. Residence
(a) Two spaces per dwelling unit
2. Commerce (Retail and Service /Office)
(a) Eating and drinking places:
One space for every two (2) seats, and one space for
every two employees on the average maximum shift.
(Parking spaces for "drive -in" customers shall
not be credited as a part of the`off- street parking
area needed to serve the sales operation conducted
within the building.)
(b) Automobile Service Stations:
Three spaces for each enclosed bar plus one space
for each day shift employee plus a minimum of two
• sp aces for service vehicles and one additional s pace
for each service vehicle over two in number.
(c) Other retail stores or centers:
Eleven spaces for the first 1,000 square feet of
gross floor area or fraction thereof; nine spaces
for each 1,000 square feet of gross floor area
in excess of 1,000 square feet, but not exceeding
30,000 square feet; seven spaces for each 1,000
square feet of gross floor area in excess of 30,000
square feet, but not exceeding 300,000 square feet;
five spaces for each 1,000 s feet of gross
floor area exceeding 300,000 square feet.
(d) Motels and Hotels:
One space for each unit plus one space for each
employee on any one shift.
(e) Bowling Alleys:
• Seven spaces for each alley.
(f) Medical and dental clinics:
Three spaces for each doctor or dentist, plus one
• space for every two employees or one space for
each 150 square feet of gross floor area, whichever
req uirement is the greater.
(g) Other commercial uses, excluding wholesale:
One space for each 200 square feet of gross floor
area.
3. Industry and Wholesale
One space for every two employees based upon maximum
planned employment during any work period or one space for each
800 square feet of gross floor area whichever requirement is
greater. In the event the latter requirement is greater, adequate
land area shall be provided for the required off - street parking area.,'
but improved space need only be provided according to the employees
ratio. J
4. Miscellaneous
• (a) Places of public assembly such as churches, theatres,
_ auditoriums (other than school auditoriums) mortuaries,
stadiums, arenas, dance halls:
One space for every three seats.
(b) Rest homes, nursing homes, sanitariums and homes for
the aged and for children:
One space for every four beds plus one space for
every two employees and one space for each staff
doctor.
(c) Hospitals:
One space for every two beds plus one space for
every two employees and one space for each staff
doctor.
(d) Uses not covered by this list:
Spaces as required for the most similar use as
. determined by the City Council.
Section 35 -710. SURFACING, DRAINAGE AND CURBING
In all districts, all open off - street drivina and barking
parking spaces furnished shall not be less than the sum of the
separate requirements for each use.
With respect to non - development complexes, the City Council
may approve the joint use of common parking facilities under the
following conditions:
1. The building or use for which_ a is made to
utilize the off - street parking facilities provided by
another building or use shall be located within 800
feet of and contiguous to such parking facilities.
2. The applicant shall show and the City Council must
determine that there is no substantial conflict in the
principal operating hours and parking demands of the
two buildings or uses contemplating joint use of off -
street parking facilities.
3. A properly drawn legal instrument providing for joint
use of off- street parking facilities, duly approved by
the City Council as to form and manner of execution,
• shall be filed as an easement encumbrance upon the title
of the property.
Section 35 -800. ADMINISTRATIVE PERMITS
No person shall use his property or /and assist, countenance
or allow the use of his or of another's property located within
the municipality for any of the following purposes or uses without
first having obtained a permit from the City zoning official.
The use shall not for the duration of the permit, considering
the time of year, the parking layout for the principal use, the
nature of the proposed use and other pertinent factors, substant-
ially impair the parking capacity of the principal use or impair
the safe and efficient movement of pedestrian and vehicular traffic
either on or off the premises. A waiver from the parking require-
ments of this ordinance is implied by the granting of an adminis-
trative permit, but only for the duration of the permit.
1. Tents, stands and other temporary structures for church
functions, civic functions, charities, carnivals, and
similar purposes for a period not exceeding 10 days. The
permit fee shall be $2.00. Certificates of Insurance
• may be required to assure the public welfare.
•
2. Out of door retail sale, storage and display of merchandise
or offering of services when accessory to or promoting
a permitted use or a special use within a non - residential
zoning district as follows:
(a) The out of door retail sale, dis and storage
of nursery and garden merchandise including lawn
furniture and equipment, for a period not to exceed
15 consecutive weeks in any one calendar year. The
permit fee shall be $5.00.
(b) Miscellaneous out of door retail sales or displays
or promotional events (not including licensed motor
vehicle dealer sales) for periods not to exceed 10
consecutive days. Two such 10 day permits may be
allowed per premises per calendar year. The permit
fee shall be $2.00.
Section 35 -801. ADMINISTRATIVE PERMIT APPLICATION
• Application for pennission to engage in a use set forth
within Section 35 -800 shall be made to thecitv. The applicant
shall set forth his name, address, the location of the proposed
use, the duration of the proposed use, the hours of the proposed
use, the nature of the proposed use and shall submit a map or,
diagram describing the layout of the proposed use. The zoning
official may require such further information as will enable him
to determine whether the proposed use meets the standards of
this ordinance.
The zoning official may, subject to the appeal provisions of
this ordinance, refuse to issue an administrative permit; provided,
however, that the reasons for refusal shall be stated in writing to
the applicant, and the applicant shall be notified of the appeal
provision.
• I
•
Section 35 -900. DEFINITIONS
The language set forth in the text of this zoning ordinance
shall be interpreted in accordance with the following definitions.
Words used in the present tense shall include the future; words
used in the singular include the plural and the plural includes
the singular.
Abutting lots or parcels - Any lots or parcels which have a
common boundary line.
Accessory Building - A building which is used in relation to
an accessory use.
Apartment Building - A building with three or more dwelling
units attached both horizontally and vertically.
Apartment Building, High Rise - A multiple family dwelling
six or more stories in height, whose upper floors are accessible
by elevators.
• Apartment, Walk -up - A multiple family dwelling whose upper
floors are accessible only by stairs.
Boarding House - A building within which rooms are rented and
meals are provided to two or more persons not members of the owner's
or leassee's family.
Building, - Any structure erected for the support, shelter,
or enclosure of persons, animals, chattels, or movable . prop erty
of any kind.
Business - Any establishment, occupation, employment or
enterprise wherein merchandise is manufactured, exhibited or sold,
or where services are offered for compensation.
Drive -in Establishment - A commercial enterprise that
customarily offers goods, services or entertainment to clientele
within automobiles (example: automobile service stations, drive -
in restaurants, outdoor theaters, and car washes, but not "drive -
in" cleaners where the customer must leave his automobile to pick
up or deliver goods.
• Dwelling - A building, or portion thereof, designed or used
predominantly for residential occupancy of a continued nature,
including one - family dwellings, two - family dwellings, and multiple
family dwellings; but not including hotels, motels, commercial
boarding or rooming houses, tourist homes, and trailers.
Dwelling Unit - A single residential accommodation which is
arranged, designed, use or intended for use exclusively as living
quarters for one family; must include complete permanently
installed kitchen facilities. Where a private garage is structurallv
attached, it shall be considered as part of the building in which
the dwelling unit is located.
Dwelling, One Family - A residential building containing one
dwelling unit.
Dwelling, Two Family (duplex) - A residential building con-
taining two dwelling units.
Dwelling, Multiple Family (Apartment and Flat)- A residential
building or portion thereof containing three or more dwelling units.
• Efficiency Units - A dwelling unit with one primary room which
doubles as a living room (in its ordinary sense) and a bedroom and
may, in addition, serve for other residential uses.
Establishment - Any of the following definitions shall apply:
1) A distinct business entity situated in a single
building;
2) A distinct business entity located in a structure
attached to other similar structures by common walls
and ceilings or floors, or attached by means of an
enclosed arcade,
3) A distinct business entity contained within a single
structure and not separated by walls or other physical
barriers, but made distinct due to its existence as
a single lease space and operation by separate
entrepreneurs, or by its singularity of purpose
(such as clothing sales, furniture sales, and so
on) carried on by a single or separate proprietors.
• Family - One or more persons related by blood, marriage or
adoption, or a group or not more than five persons not so related,
together with his or their domestic servants or gratuitous auests,
maintaining a common household in a dwelling unit.
'i
Floor Area, Gross - The sum of the horizontal areas of the
several floors of a building or buildings, measured from the
exterior faces of the exterior walls or from the center line
party walls separating two buildings. In particular, "gross
floor area" shall include:
1) Basement space, if at least fifty per cent of
its story height above the average level of the
finished grade.
2) Elevator shafts and stairwells at each floor.
3) Floor space used for mechancial equipment where
the structural headroom exceeds 72 feet, except
equipment, open or enclosed, located on the roof,
i.e., bulk needs, water tanks, and cooling towers.
4) Attic floor space where the structural headroom
exceeds 7 1 - 2 feet.
5) Interior balconies and mezzanines, where the
• structural headroom exceeds 72 feet.
6) Enclosed porches, but not terraces and breezeways.
7) Accessory uses, other than floor space devoted
exclusively to accessory off- street parking or
loading.
But shall include the following:
1) Garages, open porches and open patios.
Floor /area ratio - The numerical value obtained through
dividing the gross floor area of a building_ or buildings by the
total area of the lot or parcel of land on which such building
is located.
Garage, private - An accessory building or an accessory portion
of the dwelling building intended for or used to store the private
passenger vehicles of the families resident upon the premises and
in which no business, service or industry connected directly or
indirectly with automotive vehicles may be carried on.
Green Strip - An area containing only vegetation such as
grass, trees, flowers, hedges, and other related landscapin q
materials, and maintained expressly for such purpose.
Home Occupation - Any gainful occupation or profession carried
on within a dwellinq unit by the occupant, and not involvinq any
accessory buildings, stock in trade, manufacturing business, repair
work, equipment not customarily found in a home or light enough to
be carried, or employment of persons not customarily residinq on
the premises in the performance of such services. (For example:
dressmaking, professional offices, individual music instruction
and the like.)
Home Occupation, Special - A home occupation, approved
by special use permission, which involves incidental stock in
trade in the performance of the service, or involves equipment
not customarily found in a home nor lightweight enough to be
carried. May involve the employment of not more than one person
who is a non - resident of the premises. (For example: barber shop,
beauty parlor, shoe repair service, photography studio, day
nursery, and the like.)
Hotel - A building which provides a common entrance, lobby,
and stairways, and in which lodging is commonly offered with or
. without meals for periods of less than a week.
Loadinq Space - A space accessible from a street, allev, or
way in a building or a lot for the use of motor vehicles while
loading or unloading merchandise or materials.
Lot - A lot is a parcel or portion of land in a subdivision or
plat of land, separated from other parcels or portions by description,
as on a subdivision or record of survey map, or by metes and bounds,
for the purpose of sale or lease or separate use thereof.
Lot Area - The area of a horizontal plane bounded by the
front, side and rear lot lines.
Lot, Corner - A lot at the junction of and abutting on two
or more intersecting streets.
Lot, Depth - The mean horizontal distance between the front
lot line and the rear lot line of a lot measured within the lot
boundaries.
Lot, Interior - A lot other than a corner lot.
i
•
Lot Line - A property boundary line of any lot held in a
single or separate ownership.
Lot Line, Front - That boundary of a lot which is along an
existing or dedicated street. In the case of corner lots, the
zoning official shall determine, but only for the purpose of this
ordinance, which lot line or lines shall be considered front lot
lines; such determination shall not be construed as stating in
which direction buildings shall face. In general, the narrower
of the lines abutting_ streets shall be the front line for the above
stated purpose.
Lot Line, Rear - The boundary of a lot line which is most
distant from and is approximately parallel to the front lot line.
Lot Line, Side - Any boundary of a lot which is not a front or
rear lot line.
Lot Width - The horizontal distance between the side lot
lines of a lot measured at the front vard setback line.
. Person - An individual, firm, partnership, association,
corporation or joint venture or orqanization of any kind.
Public Transportation Terminal - A point of assembly or
disassembly of people arriving or departing by means of public
transportation.
Rest Home (Nursinq Home) - A private home for the care of
children, of the aged or infirm or a place of rest for those
suffering bodily disorders. The terms "nursing home" and "rest
Home" shall include "nursing homes ", "boarding care homes ", "child
caring institutions ", licensed and regulated by the State Commissioner
of Public Welfare, but shall not include maternity care homes or
hospitals which are so regulated.
Retail Sale - A transfer of title or possession of personal
property to a purchaser for a price.
Riqht -of -way - That property within the boundary of a street
or highway easement, or that property owned by a qovernmental body
for roadway purposes; generally, the riqht -of -way extends beyond
the actual surfaced portion of the roadway_. The street riqht- of -wav
• line is coincident with the property line of the abuttinq property,
and is the line generally used in calculatinq setbacks.
Service Station (Gas or Filling Station) - Any building or pre-
mises used for dispensing, sale or offering for sale at retail
any automotive fuels or oils, and where battery, tire, and other
similar services may be rendered. When such dispensing, sale or
offering for sale of anv fuels or oils is incidental to the conduct
of a public repair garage, the premises shall be classified as
a public repair garage.
Set -Back - The minimum horizontal distance from a building,
hedge, fence, wall or structure to the street or lot line.
Sign - Any message- bearing device for visual communication
that is used primarily for the purpose of bringing the subject thereof
to the attention of the public including any banner, pennant,
valance or similar display.
I
Story - Each of the stages, separated by floors, one above
another, of which a building consists.
Street - A p ublic right -of -wav for roadway purposes.
• Street Line - The common boundary of the street right -of -wav
and abutting property.
String Lighting - Strings of lights suspended between poles
by cables or similar devices generally consisting of a number of
bare, incandescent bulbs, but also including those with separate
shields suspended from the individual light fixtures.
Structural Alterations - Any change, other than incidental
repairs, in the supporting members of a building or structure,
such as bearing walls or partitions, columns, beams or girders
or any substantial change in the roof or exterior walls.
Thoroughfare, Major - For the purpose of this ordinance,
major thoroughfares include all state, countv, and federal highway
(including interstate freeways), and the following municipal
streets:
1) Xerxes Avenue North from T.H. 100 to.59th Avenue North
and from F.A.I. to Shingle Creek Parkwav;
2) Shingle Creek Parkway from C.T.H. 10 to C.T.H. 130;
3) France Avenue North from T.H. 100 to 50th Avenue North;
• 4) Humboldt Avenue North from F.A.I. 94 to 70th Avenue North.
•
Townhouse /Garden Apartment - Three or more dwelling units
horizontally attached in a linear or cluster arrangement, with
the separate dwelling units within the building separated from
each other by a wall or walls extending from foundation to roof.
Characteristic features of townhouses or qarden apartments are
their private entrances and small private yards for outdoor living.
A townhouse or garden apartment development includes at least one
large common area of open space for aesthetic or recreational
purposes. u
Used Car Lot - Any land used or occupied for the purpose
of buying and selling second -hand passenger cars and /or trucks.
Vending Machine - Any self - service device which, upon insertion
of a coin, coins or tokens, or by other similar means, dispenses unit
servings of food or other goods, either in bulk or in packages
without the necessity of replenishing the device between each
vending operation.
Yard - An open space which is unoccupied and unobstructed,
• except as otherwise permitted by this ordinance. A yard extends
along a lot line and at right angles to such lot line to a
depth or width specified in the yard regulations for the district
in which such lot is located.
Yard, Front - A yard extending along the full width of the
front lot line between the side lot lines.
Yard, Rear - A yard extending along the full width of the
rear lot line between the two side lot lines.
Yard, Side - A yard extending along the side lot line between
the front and rear lot lines.
Zoning Official - The zoning official shall be the City
Manager who may designate other employees or agents of the City
to perform the :duties of the zoning official.
Section 35 -1000. ENFORCEMENT
This ordinance shall be administered and enforced by the
City Manager who is hereby designated as the Zoning Official. The
City Manager may authorize other emplovees or agents of the City
i
to perform the various duties of the Zoning fficial including
g
the enforcement of this ordinance.
Section 35 -1010. SEPARABILITY AND VALIDITY
Every section, provision, or part of this ordinance is
declared separable from every other section, provision, or part
to the extent that if any section, provision, or part of the
ordinance shall be held invalid, it shall not invalidate any
other section, provision, or part thereof. Failure to give
mailed notice as may be required by this ordinance or any defects
in the notice shall not invalidate the proceedings.
Section 35 -1020. INTERPRETATION
In their interpretation, the provisions of this ordinance
shall be held to be the minimum requirements necessary to promote
and preserve the public health, safety, morals, and welfare.
Section 35 -1030. SUPREMACY
When any condition imposed by any provision of this ordinance
upon the use of land or buildings or upon the bulk of buildings
is either more restrictive or less restrictive than similar
conditions imposed by provisions of another City ordinance or
resolution, the more restrictive condition shall prevail.
This ordinance is not intended to abrogate any easements,
covenants, or any other private agreement, providing that where the
provisions of this ordinance are more restrictive than such ease-
ments, covenants, or other private agreements, the provisions of
this ordinance shall prevail.
Section 35 -1040. PENALTIES
Whoever does any act or omits to do any act which constitutes
a breach of any section of this chapter, shall, upon conviction
thereof by lawful authority_, be punished by a fine not to exceed
one hundred dollars ($100) or by imprisonment not to exceed ninety
(90) days. No provision of this chapter designating the duties
of any official or employee of the City shall be so construed as
to make such official or employee liable for the penalty provided
in this section for failure to perform such duty, unless the
intention of the City Council to impose such penalty on such
official or emplovee is specifically and clearly expressed in the
section creating the duty.
i
Section 35 -1100. ONE FAMILY RESIDENCE DISTRICT (R -1)
For the purpose of this Ordinance, all of the incorporated
territory of the City of Brooklyn Center is hereby established as,
and placed in, the One Family Residence District (R -1), excepting_
therefrom such portions of such territory which is specifically
placed in and established as some other District.
Section 35 -1110. TWO FAMILY RESIDENCE DISTRICT (R -2)
The following properties are hereby established as being
within the (R -2) Two Family Residence District zoning classification:
Lot 2, Block 1, Center Brook Addition
Lots 1 through 5, Block 1, Northtown Plaza lst Addition
Lots 3, 4, and 5, Block 2, Northtown Plaza lst Addition
The southerly 160 feet of Lot 1, Block 2, Ewing Lane Addition
lying west of the west line ( and west line extended) of Lot 1,
Block 1, Chrysler Motors Corporation Addition.
,That area bounded by the following: Lakebreeze Avenue on the
north; Azelia Avenue on the east; Lakeside Avenue on the
south; Twin Lake on the west.
That area bounded by the following: Beginning at the inter-
section of 55th Avenue and the west riqht -of -way line of
F.A.I. No. 94; thence southerly along the west right -of -way
line of F.A.I. No. 94 to the south City limits (centerline
of 53rd Avenue); thence west along the south City limits to
its intersection with Russell Avenue; thence north along
Russell Avenue (and Russell Avenue extended) to its inter-
section with 54th Avenue (and 54th Avenue extended); thence
east along 54th Avenue to its intersection with the west
property line (extended) of Lots 1 and 2 of Block 1, Meri-
dale Addition; thence northward along the west property
line (extended) of Lots 1 and 2 to its intersection with
the north property line of Lot 3, Block 1, Krutziq's Addition;
thence west along said north property line to its intersection
with the east property line of Lot 4 of said Block 1, Krutziq's
I,
•
Addition; thence north a1_gna the east property line ( extended)
of said Lot 4 to its intersection with 55th Avenue; thence
east alona 55th Avenue to the ooint of beainnina.
That area bounded by the following: The Mississippi River
on the east; the south City limits on the south; F.A.I. No.
94 on the west and north.
Lot 4, Block 1, Horbal Addition
Section 35 -1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R -3)
The following properties are hereby established as being within
the (R -3) Multiple Family Residence District zoninq classification:
Lot 16, Auditor's Subdivision No. 57.
The west 1060 feet of Lot 17, Auditor's Subdivision No. 57.
Lot 18, Auditor's Subdivision No. 57; except highway.
• That part of Lot 18, Auditor's Subdivision No. 57 described
as follows: Commencing at the northeast corner of Lot 19;
thence southeasterly along the northeasterly line of said
Lot 19 a distance of 112.45 feet; thence southwesterly at
right angles 120 feet; thence northwesterly at right angles
130 feet; thence northeasterly at right angles to the north
line of Lot 19; thence east to beginning; except highway.
That part of Lot 19, Auditor's Subdivision No. 57 described
as follows: Commencing at a point in the northeasterly
line of Lot 19 distant 112.45 feet southeasterly from the
northeasterly corner thereof; thence southwesterly at right
angles 120 feet; thence northwesterly at right angles 130
feet; thence northeasterly at right anqles to the north
line of Lot 19; thence west to the northwest corner thereof;
thence south to a point in the westerly extension of the
north line of Lot 18; thence east along the last described
line to the northeasterly line of Lot 19; thence northwesterly
to the point of beginning; except highway.
That part of Lot 19, Auditor's Subdivision No. 57 lvina
• south of the north line of Lot 18 extended west to the
west line of Lot 19.
I
The northwest 1/4 of the southeast 1/4 of Section 28.
That part of Tract A. Registered .Land Survev No. 595 lvina
east of the following line: the west property line of Lots
1 through 4, Block 2, Sunrise Manor Addition extended in a
straight line to the north line of Tract A, R.L.S. No. 595.
Tract A, Registered Land Survey No. 806
The easterlv 751.715 feet of that part of Lot 3, Auditor's
Subdivision No. 25, lying north of a line parallel with
and distant 289.74 feet south from the centerline of Countv
Road No. 130.
Lot 2, Block 1, and nutlet A. Twin Lake North Addition
That part of Section 10 described as follows: Commencing
at the northwest corner of the northeast 1/4 of the north-
east 1/4; thence south 518 feet; thence east to the south-
westerly line of Hiahwav No. 152; thence southeasterly
• 600 feet along said southwesterly line to the actual point
of beginning; thence west 200 feet: thence northwesterlv
150 feet parallel with said hiahwav line; thence west to
the southeasterly line of State Hiahwav No. 100; thence
southwesterly to the south line of the northeast 1/4 of the
northeast 1/4; thence east to the southwesterlv line of
Hiahwav No. 152: thence northwesterlv to the Doint of
beginning; except highway.
That area bounded by the following: the southerlv right -of-
wav line of Interstate Hiahwav No. 94 on the north and east;
Lilac Drive on the east and south; the easterlv right -of-
wav line of State Hiahwav No. 100 on the west.
Lot 1, Block 1, Wiensch 1st Addition
Lot 1, Block 1, DeMac Addition
Outlot E, Twin Cities Interchange Park Addition
That part of the northeast 1/4 of the northeast 1/4 lying
southeasterlv of 69th Avenue North and northeasterlv and
easterly of Elsen's Citv View 2nd and 3rd Additions.
•
,Section 35- 1130,,, MULTIPLE FAMILY RESIDENCE DISTRICT (R -4)
The following properties are hereby established as being within
the (R -4) Multiple Family Residence District zoning classification:
Lot 3, Block 1, Center Brook Addition
Lot 8, Block 1, Sunset Manor Addition
Tracts B and C, Registered Land Survey No. 970.
That part of Lot 1. Block 2, Ewina Lane Addition, lving north
of the south 160 feet thereof, and west of the west line
(extended) of Lot 1, Block 1. Chrysler Motors Corporation
Addition.
Lots 4 and 5, Block 1, P.B.C. lst Addition
That part of Lot 27, Auditor's Subdivision No. 216, lying
north of the south 90 feet thereof; east of Registered Land
Survey No. 534; south of County Road No. 10; and west of
State Highway No. 152.
Lot 7 Block 3 Twin ake Woods i
L W o 2nd Addition
Lot 16, Block 2, Twin Lake Woods 2nd Addition
The south 150 feet of Outlot 2, Twin Lake Woods Addition
The east 133.03 feet of the west 163.03 feet of the north
150 feet of the south 333 feet of the northwest 1/4 of the
southwest 1/4 of the northeast 1/4 of Section 10.
That area bounded by the following: The north line of the
south half of Section 10 on the north; Azelia Avenue on the
east; Lakebreeze Avenue on the south; Twin Lake on the west.
The west 1/2 of that part of Lot 55, Auditor's Subdivision
No. 218 lying west of the centerline of Knox Avenue.
Lot 1, Block 1, Horbal Addition
• Lots 1, 2, and 3, Block 1, Brookdale Manor 2nd Addition
•
The east 150 feet of Lots 31. 32. and 33. Auditor's Sub -
division.No. 309; except the north 33 feet of Lot 33.
The west 150 feet of Lots 1 and 2, Auditor's Subdivision
No. 309; except the north 30 feet of Lot 1,
Section 35 -1140. MULTIPLE FAMILY RESIDENCE DISTRICT (R -5)
The following properties are hereby established as being with-
in the (R -5) Multiple Family Residence District zoning classification:
That part of Lots 4 and 5, Auditor's Subdivision No. 57,
described as follows: Commencing at a point in the westerly
line of Lot 4 distant 202.5 feet south, measured at right
angles, from the north line thereof; thence southeasterly
198.49 feet; thence east 251.39 feet; thence northwesterly
at an angle of 132"10' a distance of 215.39 feet more or
less to a point 202.5 feet south, measured at right angles,
from the north line of Lot 4; thence west to the point of
beginning; except highway.
• That part of Lot 4. Auditor's Subdivision No. 57. described
as follows: Commencing at a point in the north line of Lot
4 distant 34 rods east from the west line of Section 27;
thence south 82.5 feet; thence west 81.35 feet to the actual
point of beginning; thence south 120 feet; thence west to
the northeasterly line of State Highway No. 152; thence
northwesterly along said highway line to a point distant
82.5 feet south as measured at right angles from the north
line of Lot 4; thence east to the point of beginning; except
highway.
All of Lot 7, Auditor's Subdivision No. 57, except highway,
and that part of Section 27 described as follows: Commencing
at a point in the west line of the northwest 1/4 of the south-
west 1/4 of the south 1/2 of Section 27 a distance of 5 rods
north from the southwest corner thereof; thence east 561 feet;
thence S 0"49' E a distance of 82.5 feet to the north line
of Lot 4, Auditor's Subdivision No. 57; thence west to a
point in the north line of said Lot 4 distant 396 feet east
from the east line of Lot 7, Auditor's Subdivision No. 57;
thence south 82.5 feet; thence west to the northeasterly line
of State Highway No. 152; thence northwesterly along said
•
northeasterly line to the south line of Lot 7; thence north
to the northeast corner thereof; thence west to the west
line of the northwest 1/4 of the southwest 1/4 of said
Section 27; thence north to the point of beginning; except
highway.
That part of the south 80 feet of the north 125 feet of Lot 5,
Auditor's Subdivision No. 57 lvinq west of the followinq
described line: Commencinq at a point on the south line of
said Lot 5 distant 55 feet east of the southwest corner
thereof; thence N 0 W 273 feet; thence N 12 W
75.33 feet to the north line of said south 80 feet, and there
terminating; except highway.
That part of the north 75 feet of the south 131 feet of Lot
5. Auditor's Subdivision No. 57. lvina west of a line running
north at right angles from a point in the south line of said
Lot 5 distant 185 feet east from the southwest corner thereof,
to the north line of said north 75 feet of the south 131 feet;
except highway.
• That part of the south 134.5 feet of the north 259.5 feet
of Lot 5, Auditor's Subdivision No. 57 lvinq west of a lin
bearing N 0 W from a point in the south line of
Lot 5 distant 55 feet east from the southwest corner thereof;
except highway.
That part of the south 56 feet of Lot 5, Auditor's Subdivision
No 57 lvinq west of the east 768.3 feet thereof; except
highway.
That part of Lot 17, Auditor's Subdivision No. 57, described
as follows: Beginninq at the southwest corner of Lot 11,
Auditor's Subdivision No. 57; thence west 62.64 feet; thence
south 268 feet to the point of beginninq.
The south 269 feet of Lot 11. Auditor's Subdivision No. 57;
except highway.
Lot 10. Auditor's Subdivision No. 57; except highway.
Lot 2. Block 2. Northtown Plaza lst Addition
Lots 1 throuah 5. Block 1. Northqate Addition; except highway.
Tract A. Reqistered Land Survey No. 970.
That part of Lot 9. Auditor's Subdivision No. 25, described
as follows: Commencina at the most northerly corner of Lot 9;
thence southeasterlv 100 feet along the northeasterly line
of Trot 9 and the same extended; thence northwesterly at
right angles 104.8 feet_ to the north line of Lot 9; thence
east and northeasterly alona the north line and northwesterly
line of Lot 9 to the of beginninq; except highway.
Lots 1 and 2. Block 10. Northqate Addition.
That part of Lots 9 and 10, Auditor's Subdivision No. 25,
described as follows: Commencinq at a point in the east line
of Lot 10. lvina in the centerline of County Road distant
967.6 feet northerlv along said east line of Lot 10 from the
southeast corner thereof; thence southeasterly along said
centerline 282 feet: thence west 506 feet parallel with the
south line of Lot 10; thence northeasterlv in a straiqht
line a distance of 470 feet to the point of beginning; except
road and hiahway.
Tracts A through J. Reaistered Land Survev No. 938.
The south 138 feet of Lot 4, Block 5, Wangstad's Brooklyn
Terrace Addition; except hiqhway.
Tract A. Registered Land Survey No. 1192.
Tract B. Registered Land Survev No. 1186.
Lot 1. Block 1, Terrace Apartments Addition.
J,ots 1 throuah 4. Block 1. Linden Shores on Twin Lake Addition.
The north 110.02 feet of the east 142.60 feet of the northwest
1/4 of the northeast 1/4 of Section 10.
.Lots 1 throuah 7. Block 1. and Outlot 8. Rvan Lake Terrace
Addition_
- Tracts B and C. Reaistered Land Survev No. 1082.
The south 210 feet of the east 435.6 feet of Government Lot
3. Section 10.
That part of Government Lot 3. Section 10, described as
I
follows: Commencing_ at a point in the south line of Government
Lot 3 distant 435.6 feet west from the southeast corner there-
of; thence west along the south line of Government Lot 3
to its intersection with the southeasterly line of State
Highway No. 100; thence northeasterly along said south-
easterly line of Highway No. 100 to its intersection
with a line running north parallel with the east line of
said Lot 3 from the point of beginning; thence south along
such line to the point of beginning.
Lots 1 through 3, Block 1, R. R. McChesney and Sons 2nd Addition.
The west 149.3 feet of that part of Lot 57, Auditor's Sub -
division No. 218, lying south of the north 225 feet thereof.
Lot 6, Mendenhall's Outlots.
Lot 8, Mendenhall's Outlots; except highway.
Lots 1 through 7, Block 1, Lyn -River Addition.
• Lot 1, Block 2, Farr's First Addition.
That part of Lot 15, Auditor's Subdivision No. 310, lying
east of a straight line extension of the west line of Lot 1
Block 2, Farr's First Addition, and west of Willow Lane.
That part of Lots 5, 6, and 7, Block 1, Olson's Island View
Terrace, described as follows: Commencing at the southeast
corner of Lot 6; thence northerly to the southeast corner
of the north 25 feet of Lot 7; thence west 100 feet; thence
southwesterly to a point in the south line of Lot 5 distant
10 feet west from the southeast corner thereof; thence east'
to the point of beginning.
Lot 2, Replat of Part of Block 1, Olson's Island View
Terrace Addition.
Lot 1, Block 1, Twin Cities Interchange Park Addition.
Lots 3 through 6, Block 1, and Blocks 2 and 3, Hi Crest
Square Addition.
S Lot 2, Block 1, Hellstad Addition.
r
I I
i
I
That area bounded by the following: Humboldt Avenue on the
east; the south line (extended) of Outlot A, Twin Cities
Interchange Park Addition, on she south; the east line of
said Outlot A on the west; the south line of Hellsted
Addition on the north.
Lot 3, Block 1, Horbal Addition.
Lots 1 through 4, Block 1, Northbrook Terrace Addition.
Section 35 -1150. MULTIPLE FAMILY RESIDENCE DISTRICT (R -6)
The following properties are hereby established as being with-
in the (R -6) Multiple Family Residence District zoning classification:
Section 35 -1160. MULTIPLE FAMILY RESIDENCE DISTRICT (R -7)
The following properties are hereby established as being with-
in the (R -7) Multiple Family Residence District zoning classification:
That part of Outlot 1, Twin Cities Interchange Park Addition,
described as follows: Commencing at a point in the northerly
line of said Outlot 1, distant 770 feet southeasterly (as
measured along said northerly line) from the most northwesterly
corner thereof, (said northerly line assumed at bearing
South 68"45 East); thence South 2114'26" West a distance
of 695.13 feet; thence southwesterly 453.22 feet along a
tangent curve, concave southeasterly, having a radius of
2233.35 feet, central angle of 11 "; thence North
85"30' West a distance of 50 feet to the point of beginning;
thence along said line bearing North 85 West a distance
of 492.97 feet; thence South 27033'27" West a distance of
855.78 feet to a point in the south line of the southeast
1/4 of the southwest 1/4 of Section 35, distant 402.84 feet
easterly from the southwest corner of said southeast 1/4;
thence westerly along said south line of Section 35 to a point
in said south line of Section 35 located 200 feet easterly
• from the southwest corner of said southeast 1/4; thence
southwesterly to a point lvina 200 feet south of the south
line of Section 35, and 170.08 feet east of the most
westerly line of Lot 62, Auditor's Subdivision No. 218;
thence south along a line drawn parallel to, and 170.08
feet east of the west line of Lot 62, Auditor's Subdivision
No. 218, to the south line of said Lot 62, which lies on
the westerly line of Shinale Creek Parkway; thence northerly
along said westerlv line of Shingle Creek Parkway (and an
extension thereof), to the point of beainnina.
Section 35 -1170. SERVICE /OFFICE DISTRICT (C -1)
The following properties are hereby established as being within
the (C -1) Service /Office District zoning classification:
Lots 1 through 5, Block 1, Sunset Manor Addition.
7jbt 1, Block 2, Northtown Plaza 1st Addition.
That area bounded by the following: The south line (and south
line extended) of Block 7, Brooklane Addition, on the north;
is Ewing Avenue on the east; 65th Avenue (as established by
Minnesota Highway Department condemnation proceedings) on
the south; State Highway No. 152 on the west.
Lots 1 and 3, Block 1, P.B.C. lst Addition.
Lots 1 and 2, Block 6, Wangstad's Brooklyn Terrace Addition.
That p art of Lot 4, Block 5, Wanastad's Brooklyn Terrace
Addition lying north of the south 138 feet thereof.
The north 153.28 feet of the south 536.48 feet of Lot 40,
Auditor's Subdivision No. 216; except highway.
The north 76.64 feet of the south 613.1 feet of Lot 40,
Auditor's Subdivision No. 216; except highway and road.
That part of Lot 40, Auditor's Subdivision No. 216 lying
north of the south 613.12 feet thereof; except hiahwav and
road.
That area bounded by the following: Beard Avenue on the east;
. 59th Avenue on the south, State Highway No. 152 on the west;
60th Avenue on the north.
Lots 5 and 6, Block 4, Grimme's Second Addition; except
-11i Qrway _
Lots 1 through 5, Block 1. Grimme's Addition.
The south 82.5 feet of Lot 12, Auditor's Subdivision No. 216,
and that part of Lot 12 lvinq north of south 82.5 feet
thereof and east of Pearson!s Northport 3rd Addition; except
highway.
That part of Lot 13, Auditor's Subdivision No. 216, lvinq
north of Grimme's Addition and east of the west line (extended)
i
of Lot 1, Block 1, Grimme's Addition.
Tract A, Registered Land Survev No. 1114.
Registered Land Survev No. 597.
That part of Lot 56. Auditor's Subdivision No. 218, described
as follows: The west_ 1/4 of the north 1/2 of the southwest
• 1,/4 of the southeast 1/4 of the northeast 1/4 of Section 2;
except roads.
The north 225 feet of the west 1/2 of Lot 57. Auditor's
Subdivision No. 218; except road.
Section 35 -1180. SERVICE /OFFICE DISTRICT (C1 -A)
The following properties are herebv established as being
within the(C -lA) Service. /Office District zoning classification:
Tract A. Registered Land Survev No. 1142, except that portion
described as follows: Beginning at the southeast corner
of said Tract A; thence running N 23 E along the
southeaster line of said T ract A a distance of 470.74 feett
thence running N 67 W a distance of 287.27 feet;
thence deflecting to the left on a tangential curve having a
radius of 230.97 feet (delta angle 24025 ", tangent 50 feet)
for a distance of 98.48 feet; thence running S 87 W,
on a tangent to said curve. a distance of 203.26 feet; thence
deflecting to the left on a tangential curve having a radius
of 47.67 feet (delta angle 64 ". tangent 30 feet) for
a distance of 53.56 feet: thence running S 23 W a
distance of 290.01 feet. more or less. to a point in the
• southwesterly line of said Tract A, said southwesterly line
of Tract A also being the Northerly right -of -way line of
County Road No. 10; thence running Southeasterly 41onq said
southwesterly line of Tract A to the point of beginning.
Section 35 -1190. COMMERCE DISTRICT (C -2)
The following properties are hereby established as being with-
in the (C -2) Commerce District zoning classification;
Lots 6 through 18, Block 2, Lane's Brooklyn Center Addition.
Tract A, Registered Land Survey No. 1163.
Lot 6, Block 2, Northtown Plaza lst Addition.
Blocks 1 and 2, Northtown Plaza 2nd Addition.
That part of Lot 6, Auditor's Subdivision No. 25, described
as follows: Commencing at a point in the north line of Lot 6
distant 10 rods east from the northwest corner thereof; thence
. south parallel with the west line of said lot a distance of
315.27 feet; thence east to the centerline of State Highway
No. 152; thence northwesterlv along said centerline to its
intersection with the north line of Lot 6; thence westerly
along the north line of Lot 6 to the point of beginning;
except highway.
That part of Tract A. Registered Land Survev No. 595 lying
west of the following line: the west property line of Lots
1 through 4. Block 2. Sunrise Manor Addition extended in a
straight line to the north line of Tract A, R.L.S. No. 595.
Lots 1 through 4, Block 3, and Lots 7 through 10, Block 2,
and that - of (vacated) Halifax Avenue lying between
these two blocks; all within Sunrise Manor Addition.
Tract B, Registered Land Survev No. 370.
Tract A, Registered Land Survey No. 1020.
Tracts A and B, Registered Land Survey No. 456.
• Tract A, Registered Land Survey No. 457.
Tracts B and C, Registered Land Survey No. 595.
•
That part of Lot 3, Auditor's Subdivision No. 25, described
as follows: Commencing at a point in the north line of Section
34 distant 751.717 feet west from the northeast corner of
the northwest 1/4 of said Section; thence south a distance
of 289.74 feet from the north line of Section 34; thence
west along a line parallel to and 289.74 feet from the
north line of Section 34, to the westerly line of Lot 3;
thence northwesterly along said westerly line to the north
line of Section 34; thence east along said Section line to the
point of beginning; except road and highway.
Tracts A and B, Registered Land Survey No. 807.
Tract B, Registered Land Survey No. 817.
Tract C, Registered Land Survey Land 817.
That part of Lots 19 and 20, Auditor's Subdivision No. 25,
described as follows: Commencing at a point on the west line
of Garden City 5th Addition distant 193 feet north from the
• southwest corner thereof; thence west parallel with the north
line of Lawnridge Addition to the centerline of State Highway
No. 152; thence northwesterly along the centerline of said
Highway a distance of 128 feet; thence east parallel with the
north line of Lawnridge to the west line of Garden City
5th Addition; thence south to the point of beginning; except
highway.
Lot 1, Block 1, Chrysler Motors Corporation Addition.
That part of Lot 1, Block 2. Ewing Lane Addition lying east
of the west line (and west line extended) of Lot 1, Block 1,
Chrysler Motors Corporation Addition.
Lot 2. Block 1, P.B.C. 1st Addition.
That part of Lots 17 and 18. Auditor's Subdivision No. 25.
and of Lot 36, Auditor's Subdivision No. 216 described as
follows: Commencing at the northwest corner of the south
20.53 feet of Lot 18, Auditor's Subdivision No. 25; thence
east 216 feet along the north line of said south 20.53 feet of
Lot 18; thence south at right angles, to the south line of
Lot 36, Auditor's Subdivision No. 216; thence west along said
. south line of Lot 36 to the southwest corner thereof; thence,
northwesterly along the west lines of Lot 36, and Lots 17
and 18. to the point of beainn.ina at the northwest corner
of the south 20.53 feet of Lot 18, Auditor's Subdivision No. 25.
That part of Lot 37, Auditor's Subdivision No. 216 described
as follows: Commencing at a point in the west line of
Lot 37, distant 10 feet north, measured at right angles,
from the south line of said Lot 37; thence east parallel with
said south line to a point distant 182.5 feet west from the
east line of said Lot 37; thence north parallel with said
east line a distance of 175 feet; thence west parallel with
the north line of Section 3 to the west line of Lot 37;
thence southerly to the point of beginning; except highway.
That part of Tract A, R. L. S. No. 1142 described as follows:
Beginning at the Southeast corner of said Tract A; thence
running N 23 E along the southeasterlv line of
said Tract A a distance of 470.74 feet; thence running
N 67 W a distance of 287.27 feet; thence deflecting
to the left on a tangential curve having a radius of 230.97
feet (delta angle 24 tangent 50 feet) for a distance
of 98.48 feet; thence running S 87 W. on a tangent
to said curve, a distance of 203.26 feet; thence deflecting
to the left on a tangential curve having a radius of 47.67
feet (delta angle 64 ", tangent 30 feet) for a distance
• of 53.56 feet; thence running S 23 W a distance of
290.01 feet, more or less, to a point in the southwesterly
line of said Tract A said southwesterlv line of Tract A
also being the Northerly right- of -wav line of County Road
No. 10; thence running southeasterly along said southwesterly
line of Tract A to the point of beginning.
That area bounded by the following: Northwav Drive on the
north and east; Countv Road No. 10 on the east and south;
Xerxes Avenue on the west.
That area bounded by the following: Shingle Creek (County
Ditch No. 13) on the east; County Road No. 10 on the south
and west; Northwav Drive on the west and north.
That area bounded by the following: County Road No. 10 on
the north; State Hiahwav No. 100 on the south; State Highway
No. 152 on the west.
The west 135 feet of the east 165 feet of the north 150 feet
of the south 183 feet of the northwest 1/4 of the southwest
1/4 of the northeast 1/4 of Section 10.
Tract A, Registered Land Survey No. 1082.
That part of the south 31.28 acres of Government Lot 3,
Section 10, lvinq north of the south 436 feet thereof, and
easterly of highway.
Lot 1, Block 1, Brookdale First Addition.
Tract D, Registered Land Survev No. 1161.
The south 120 feet of the north 133 feet of the east 150
feet of Lot 34, Auditor's Subdivision No. 218; except hiahway.
Lot 1, Block 2, Twin Cities Interchange Park Addition.
Lot 1, Block 3, Twin Cities Interchange Park Addition.
Lots 1 through 3, Block 4, Twin Cities Interchange Park Addition.
Tracts B, C, and D, Registered Land Survey No. 1114.
That part of the north 110 feet of Lot 35, Auditor's Subdivision
No. 218 lying east of the west line of the east 1/8 of the
northwest 1/4 of the southeast 1/4 of Section 2.
That area bounded by the following: Logan Avenue on the east;
57th Avenue on the south; State Highway No. 100 on the west
and north.
That area bounded by the following: 66th Avenue on the north;
Lyndale Avenue and F.A.I. No. 94 on the east and south;
Camden Avenue (and Camden Avenue extended) on the west.
That part of Lot 16, Auditor's Subdivision No. 310 lying
west of a line running from a point in the south line of
Lot 16 distant 284.53 feet east from the southwest corner
thereof to a point in the north line of Lot 16 distan 232
feet east from the northwest corner thereof; except street
and highway.
That part of Lot 15, Auditor's Subdivision No. 310 lying west
of a straight line extension of the west line of Lot 1,
Block 2, Farr's First Addition; except highway.
• That part of Lots 4, 5, 6, and 7, Block 1, Olson's Island
View Terrace described as follows: Commencing at the south-
west corner of Lot 5; thence northerly to the southwest
corner of the north 25 feet of Lot 4; thence east to a
point 100 feet west from the southeast corner of the north
25 feet of Lot 7; thence southwesterly to a point in the
south line of Lot 5 distant 10 feet west from the southeast
corner thereof; thence east to the point of beginning;
except highway.
Lot 1, Replat of Block 1. Olson's T,sland View Terrace Addition.,
Lots 2 and 3, Block 1, DeMac Addition
Lot 2, Block 1, Twin Cities Interchange Park Addition
Lots 1 and 2, Block 1. Hi Crest Sauare Addition
Lot 5, Block 1, Northbrook Terrace Addition
Lot 1, Block 1, Hellsted Addition
Lot 2, Block 1, Horbal Addition
• Section 35 -1200. INDUSTRIAL PARK DISTRICT (I -1)
The following properties are hereby established as being with-
in the (I -1) Industrial Park District zoning classification:
Lot 3, Block 1, Twin Cities Interchange Park Addition.
Outlots A and B, Twin Cities Interchange Park Addition.
Outlots C and D, Twin Cities Interchange Park Addition, except
that portion of said Outlots lying within lines drawn 150
feet from, and parallel to, the centerline of Shingle Creek
(County Ditch No. 13) as described on the plat of Twin Cities
Interchange Park Addition.
Outlot F, Twin Cities Interchange Park Addition.
That part of Outlot I, Twin Cities Interchange Park Addition,
lying east of the following described line: Commencing at a
Point in the northerly line of said Outlot I, distant 770 feet
southeasterly (as measured along said northerly line) from
the most northwesterly corner thereof, (said northerly line
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•
assumed at bearing South 68 East); thence South
21 West a distance of 695.13 feet; thence south-
westerly along a tangent curve, concave southerly, having
a radius of 2233.35 feet, central angle of 11 ", to
the intersection of said curve with the riqht -of -way line
of Shingle Creek Parkway. and there terminating.
That part of Lots 32 and 33, Auditor's Subdivision No. 218,
lying east of Shingle Creek Parkway and north of Lot 1,
Block 1, Brookdale First Addition and Tract D of Registered
Land Survey No. 1161.
Section 35 -1210. GENERAL INDUSTRY DISTRICT (I -2)
The following properties are hereby es tablished as being with-
in the (I -2) General Industry District zoning classification:
That area bounded by the following: The north line of the
south half of Section 10 on the north; the northerlv right -
of -way line of State Hiqhwav No. 100 on the east and south;
• Azelia Avenue (and Azelia Avenue extended) on the west.
That property within the following described boundary:
Beginning at the intersection of France Avenue and the southerlv
riqht -of -wav line of State Hiqhwav No. 100; thence northeasterlv
along said right -of -wav line to its intersection with the
south line of Block 4, Brooklvn Manor Addition; thence easterlv
along said south line to the southwest corner of Lot 5 of
said Block 4; thence northerlv along the west line of Lot 5
to a point on the west line of Lot 5 which is the intersection
of a line drawn between the southwest corner of Lot 11,
Block 4, Brooklvn Manor Addition and a point on the west
line of Lot 4 of said Block 4 a distance of 180 feet from the
centerline of 49th Avenue; thence easterly along said
constructed line to its endpoint on the west line of said
Lot 4;.,thence northerly along said west line to(49th Avenue;
thence easterlv along 49th Avenue to)its intersection with
State Hiqhwav No. 152; thence southerlv along State Hiqhwav
No. 152 to the east Citv limits; thence southerlv along the
east Citv limits to the southwesterlv line of the Minneapolis,
St. Paul and Sault Ste. Marie Railroad right -of -wav; thence
northwesterlv along said railroad right -of -way line to the
• northeast corner of Tract H, Registered Land Survey No. 1023; thence
I
•
southerly along the east line of Tracts H and K, of R.L.S.
No. 1023 to the south line of Tract K; thence westerly along
said south line of Tract K, and the south line (and south line
extended) of Registered Land Surveys No. 981 and 952, to its
intersection with France Avenue; thence north along France
Avenue to the point of beginning.
That area bounded by the following: 50th Avenue on the north;
the northerly right -of -way line of State Highway No. 100 on
the east and south; France Avenue on the west.
That part of Government Lot 2, Section 10, bounded by the
following: the north line of Government Lot 2 on the north;
France Avenue on the east; the northerly right -of -way line
of the Minneapolis, St. Paul and Sault Ste. Marie Railroad
on the south; a straight line extension of a line drawn
615 feet west of the east line of Tract D, Registered Land
Survey No. 235, on the west.
That part of Government Lot 2, Section 10, lying south of
• the southerly riqht -of -way line of the Minneapolis, St. Paul,
and Sault Ste. Marie Railroad; east of France Avenue; and
north of the south line of Lot 2, except the following
described part of said Lot 2: The south 514 feet of said
Lot 2 lying west of the east 2177.32 feet, except the east
185 feet of the north 20 feet thereof; and also that part of
said Lot 2 lying north of the south 514 feet and lying west
of the east 2207.32 feet,_ except the east 155 feet of the
south 20 feet thereof.
Section 35 -1220. PUBLIC OPEN SPACE DISTRICT (0-1)
The following properties are hereby established as being with-
in the (0-1) Public Open Space District zoning classification:
That part of Outlots C and D, Twin Cities Interchange Park
Addition, lying within lines drawn 150 feet from, and parallel
to, the centerline of Shingle Creek (County Ditch No. 13)
as described on the plat of Twin Cities Interchange Park
Addition.
•
•
Outlet H, Twin Cities Interchange Park Addition, except that
Part lying westerly of a line described as beginning at a
point in the north line thereof distant 802.57 feet (as
measured along said north line) northwesterly from the
most northeasterly corner thereof; thence southwesterly
274.52 feet to a Judicial Landmark in the southerly line
of said Outlet H, distant 60.95 feet southeasterly from the
southeast corner of Lot 1, Garden City lst Addition, and
said line there terminating.
That part of Outlet I, Twin Cities Interchange Park Addition
described as lying westerly of a line described as beginning
at a point in the northerly line of said Outlet I, distant
770 feet southeasterlv (as measured along_ said northerlv
line) from the most northwesterly corner thereof, (said
northerly line assumed at bearing South 68 -34" East);
thence south 21 West a distance of 695.13 feet;
thence southwesterly 453.22 feet along a tangent curve,
concave southeasterly, having a radius of 2233.35 feet,
central angle of 11 "; thence North 85 West a
distance of 542.97 feet; thence South 27 West a
distance of 855.78 feet to a point in the south line of the
southeast 1/4 of the southwest 1/4 of Section 35, distant
402.84 feet easterly from the southwest corner of said
southeast quarter; thence South 89 West along said
south line 100 feet to a point in the westerly line of
said Outlet I, distant 302.84 feet easterly from said south-
west corner and said line there terminating.
That part of the south 1/2 of the southwest 1/4 of Section
35 lying between the extension easterlv of the north line of
Block 2, Garden City lst Addition, and the extension easterly
of the south line of Block 3, Garden City lst Addition; and
lying west of Shingle Creek (County Ditch No. 13) and east
of the easterly line of Brooklyn Drive.
The property within the following described boundary:
Commencing at the southeast corner of the southwest 1/4 of
of the southwest 1/4; thence west a distance of 51 rods along
along the south line of Section 35; thence north 14 rods and
2 feet at an angle of South 3 East; thence east,
parallel with the south line of Section 35, a distance of
68 rods to the center of old Shingle Creek; thence southerly
along old Shingle Creek to the south line of Section 35
thence west along said south line to the point of beginning.
That part of Lot 1. Auditor's Subdivision No. 218, lying
east of the west 655.69 feet thereof.
That part of Lot 2, Auditor's Subdivision No. 218, lying
east of Hipp's 4th Addition.
All of Twin Lake Park Addition except Lot A therein
That part of Lot 22. Auditor's Subdivision No. 216 described
as follows: Beginning at the southeast corner of said Lot 22;
thence South 88 West along the south line of said
Lot 22 a distance of 505.01 feet; thence North 17 East
a distance of 158.55 feet; thence North 22 a distance
of 285 feet to the actual Point of beginning of the land
• hereinafter described: thence South 65 West to the shore
of Twin Lake; thence Westerly and southerly along the shote
of said Twin Lake to the south line of said Lot 22; thence
west along the south line of said Lot 22 to the easterly
right -of -wav line of Countv Road No. 10 (also known as
Bass Lake Road); thence north and east along the easterly
and southerly right -of -wav line of said County Road No. 10
to a point on said southerlv right -of -wav line of County
Road 10 distant 565.38 feet west of the east line of said
Lot 22 as measured along the southerlv line of said County
Road No. 10; thence South 0 a distance of 211.48 feet
more or less to the actual point of beginning.
That part of Tract A, Registered Land Survey No. 40 lying
west of Halifax Avenue.
That part of Tract C, Registered Land Survey No. 40 lying west
of Halifax Avenue and west of Registered Land Survey No. 638.
Tract V, Registered Land Survey No. 40.
That part of the north 200 feet of Lot 33, Auditor's Subdivision
No. 216, lying west of the extended east line of Tract V,
• Registered Land Survey No. 40.
That part of Tract D, Registered Land Survey No. 235 lying
west of the east 615 feet thereof.
I �
That part of Tract E, Registered Land Survey No. 235 lying
west of a straight line extension of a line drawn 615 feet
west of the east line of Tract D, Registered Land Survey No.
235.
That part of Government Lot 2, Section 10, bounded by the
following: a straight line extension of a line drawn 615
feet west of the east line of Tract D, Registered Land Survey
No. 235, on the east; the northerlv right -of -way line of the
Minneapolis, St. Paul, and Sault Ste. Marie Railroad on the
south; the north line of Government Lot 2 on the north.
That part of Government Lot 2, Section 10, described as
follows: The south 514 feet of said Lot 2 lying west of the
east 2177.32 feet,_ except the east 185 feet of the north 20
feet thereof; and also that part of said Lot 2 lying north
of the south 514 feet and lying west of the east 2207.32 feet,
except the east 155 feet of the south 20 feet thereof.
Section 35 - 1230. PUBLIC AND PRIVATE OPEN SPACE DISTRICT (0 - 2)
The following properties are hereby established as being with-
in the (0 -2) Public and Private Open Space District zoning classifi-
cation:
That part of Government Lot 3, Section 10, lying southerly
of the following described line: Beginning at the southeast
corner of the north 40 acres of said Government Lot 3, thence
running southerly along the east line of said Government Lot
3 a distance of 200.62 feet to the actual point of beginning
of the line to be described; thence running westerly parallel
with the south line of said north 40 acres of Government Lot
3 to the easterlv shoreline of Twin Lake and there terminating;
such property lying northerlv and westerly of the right -of-
way of State Highwav No. 100, except that part thereof
taken for road purposes for Lakeside Avenue.
That property within the following described boundary:
Commencing at the southeast corner of the northeast 1%4 of the
southeast 1/4 of Section 10, thence west along the south line
thereof a distance of 997.71 feet; thence north a distance
of 946.89 feet to the southerly line of Minneapolis, St. Paul,
and Sault Ste. Marie R &ilroad right -of -way; thence south-
easterly along said right -of -way a distance of 1044.16 feet
to the east line of Section 10; thence south along said east
line to the point of beginning.
Section 3: This ordinance shall become effective after
adoption and thirty days following its legal publication.
Adopted this 3rd day of Tune 1968.
Mayor
ATTEST:
Clerk
Published in the Official Newspaper May 23, 1968
Effective Date June 2 ?,1968
(Brackets indicate matter to be deleted, underline indicates new
matter.)
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