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HomeMy WebLinkAbout1961-15 10-23 CCO Member Carl Ca son introduced t1he. iollowinq moved its adoption; AN ORDINANCE AMENDING CHAPTER 35 OF THE ORDINANCES C)? 7 1 - 7 1`1 VILLAGE OF BROOKLYN CENTER, SAID CHAPTER BEING KNOAA1 AS 111 "ZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CE. THE VILLAGE COUNCIL OF THE VILLAGE Or BROOKLYN CENTER ORDIAl"N'S AS FOLLOWS: Section 1. - Chapter 35 of the Villa_ ge ordinances is a7'..ianded by re- numbering the former sections as follows: Former Section 35-201 to 35-601 SUB-STANDARD LOTS in'd the paragraphs thereunder shall be numbered 1 and 2. Former Section 35-202 to 35-602 DRAINAGEWAYS Former Section 35-203 to 35-603 Former Section 35-210 to 35-604 Former Section 35-211 to 35-604, subparagraphs 1, 2, and 3 Former Section ._'-6-212 to 35-420 Former Section 35-222 to 35-710 Former Section 35-223 to 35-711 Former Section 35-224 to 35-712 Former Section 35-225 to 35-703 and subparagraphs (a) , (b) , and (c) to 1, 2, and 3 Former Section 35-226 to 35-720 and subparagraphs (a) through 1 1 0.) to 1, 2, 3, 4, and 5; subsections (1), (2) and (3) to a, b, c. Former Section 35-227 to 35-721 Former Section 35-228 to 35-703, subparagraph 4 Former Section 35-230 to 35-620 Former Section 35-240 to 35-120 Former Section 35-320 to 35-401, deleting therefrom the categto.-y "Parking Spaces" and Footnote *4 thereunder Former Section 35-320, Footnote *4 to 35-705 MINIMUIM PARKING STANDARDS Page I Fornier Section 35-332, s ubs °ct ions (a).. '5 (o) subsections 1, 2, 3 and 4 Former Section 35-332, subsection (e) to 35-707 PARKINPG' I., ��`0'0` IN BUSINESS DISTRICTS, renumbering subparagraphs (1) through (5) - co w 4, and 5 Former Section 35-333 to 35-411 renumbering subparagraphs (a) t (d) to 1, 2, 3, and 4 Former Section 35-334 to 35-412 renumbering subparagraphs (a) through (i) to 1, 2, 3, 4, 5, 6, 7, 8, and 9 Former Section 35-401 to 35-150, subparagraph I Fonmer Section 35-410 to 0 .5-150, subparagraph 2 Former Section 35-501 to 35-201 deleting the sentence :'It shall prepare all such reports as the Village Council shall direct, " Former Section 35-502 to 35-202, subparagraph I APPEKL Former Section 35-510, subsections (4) through (10) to 35-2-10, subsections 3, 4, 5, 6, 7, 8 and 9 Former Section 35-520, subsections I through 5 to 35-220, sub- sections 1, 2, 3, 4, 5 Former Section 35-601 to 35-880 deleting the definition of "Horne Occupation" Former Section 35-701 to 35-310, subparagraph I PERMITTED USES Former Section 35-702 to 35-310, subparagraph 2 ACCESSORY' USES; and the existing subsections relettered in alphabetical order Former Section 35-703 to 35-310, subparagraph 3 SPECIAL 'US Former Section 35-704 to 35-810 Former Section 35-710 to 35-315, subparagraph I PT US Former Section 35-711 to 35-315, subparagraph 2 ACC"EMOT' U' SES Former Section 35-712 to 35-315, subparagraph 3 8)P1 USP-S Former Section 35-713 to 35-815 Former Section 35-720 to 35-320, subparagraph I PERID/HTTE'D US Page 2 7 0 riner Section 35-721 to 35-320, subparay - C -0 1 P IL Former Section 35 - 722 to 35-320, subparagraph 3 SPEC'JU '_" U�J'ES,, adding to subsection i. the following words preceded by a cornrr.a (,) "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 Iner- chandise and related vehicular parking. " Former Section 35-723 to 35-820 Former Section 35-730 to 35-330, subparagraph 1 PERMITTED USES Former Section 35-731 to 35-330, subparagraph 2 ACCESSORY USE'S Former Section 35-732 to 35-330, subparagraph 3 SPECLhL US*r-"S Former Section 35-733 to 35-830 Former Section 35-740 to 35-340, subparagraph I PERMITTED USES Former Section 35-741 to 35-340, subparagraph 2 AC CESSOWf USES Former Section 35-742 to 35-340, subparagraph 3 SPECIAL USES Former Section 35-743 to 35-840 Former Section 35-750 to 35-350, subparagraph I PERIMITTED USES Former Section 35-751 to 35-350, subparagraph 2 ACCE SSOM U-S.E"S Former Section 35-752 to 35-350, subparagraph 3 SPECIAL USES Former Section 35-753 to 35-850 Former Section 35-801 to 35-910 Former Section 35-802 to 35-911 Section 2. Section 35-220 is hereby revised and renumbered. 35 - -701 01 to read as follows: Section 35-701. OFF-STREET PARKING REQUEREIVIENT. Of par and loading space shall be provided in all districts in accordance v.dth the requirements of Section 35-705. These requi-rements shall appi only to structures erected or expanded after passage of this ordinance, pro' that the amount of off-street parking provided for any existing use sha- not be re- duced, except in accordance with this ordinance. There shall be no off-street ra k parking within fifteen (15) feet of any street right-of-way. Street .,,-r i n . g in an R-1 or R-B district may include not more than one commercla] vehicle of twenty-five (25) feet or less in length per dwelling unit, if i:tsec: 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 se 'on. Page 3 t forth in this secti, Ct a s follows: Section 35-702, ACCESS TO PARKING SPACE-1. skia)11 be adequate, provision for ingress and egress from each single car space. A--cess to parking areas shall be restricted to driveways 30 feet or les in width, no 1 1'. - Wo driveways on any particula-rpar--el - )f iand in. a business ol- industrial beirIg closer than 100 feet apart. Section 4. Section 35-301 is revised to read as follov7s: LAND USE Section 354301. 1AND USE DISTRICTS, For the purpose of t ordinance, the Village of Brooklyn Canter is hereby organized into the follo land use districts: Residence R - Single Family Residence District Business R-B Residence- Business District 3­1 , Local Business District B-2, Regional Business District B - General Business -District Industrial I-! Limited Industrial District The location and boundaries of the districts established by Vnis crdiXnancs are set forth in Sections 35-810, 615, 620, 830, 840 and 850. Unless othenvise indicated in relation to established Lines, poin" or 'eatu the district 1- lines are the center lines of streets e yS r r 41 rights-of-way existing or extended. Section 5. Section 35•310 Is hereby renumbered 30 a7id revised to read. as follows: Section 35 -1 LAND USES. Except as provided for In Section 35-120, no building or premise may hereafter be used or occupied -, ATithin a given land u.se district unless it is a permitted use in that district, or unless it is authorized as a special use. Sections 35-310 315, 320, 33 340 and 350 give the - various permitted and special uses. Permitted uses are those �vhicch are more or less compati.ble with each other in a given land use distrlct. Spec.iai uses are those which may be desirable for the publicv in a g .yen district, but which have a potential incompatib-i.lit with the parmitterl uses Befo-re 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 Gou.. Procedure for a Special Use Permit is given in Section 25-230. Section 6. Section 35-320, subparagraph renumbered Section 35-704 and revised to read as follows: Section 35-704. MINIMUM PARKING SPACES REQUIRED., Dwellings: I space per dwelling unit Hospitals: 1 space for every three (3) beds Churches: 1 space for every three (3) seats Retail Business: 11 spaces for the first 1, 000 square feet of gross floor area; 9 spaces for each 1, 000 s quare 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 floor area exceeding 30, 000 square feet. In no case shall the parking ratio be less than 2.5 (gross parking area) to 1.0 (gross building area). Motels: I spacei for each unit Restaurants: 1 space for every three (3) seats Other Business: I space for each 150 square feet of gross floor area Industrial: I space for every two (2) employees (based upon maximum planned employment during any work period) or 1 space for each 800 gross square feet of floor area, whichever requirement is the greater. Section 7. Section 35-331 is renumbered 35-604, subparagraph 4, and is revised to read as follows: Section 35-604. BUILDINGS. 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 8. New Section 35-410 shall have the following subparagraph added thereto: Section 35-410. SPECIAL REQUIREMENTS IN BUSINESS DISTRICTS (3- 2, 2 5. No building permit shall be issued until a parking layout has been approved as provided in Section 35-707. Section 9. Section 35-503 is renumbered 35-202, subparagraph 2, and is revised to read as follows: 2. PETITION FOR REZONING, VARIANCE OR SPECIAL USE PERMIT. The Planning Commission shall hear and review all petiti�'ms 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. Section 10. Section 35-504 is renumbered 35-202, subparagraph 3, and is revised to read as follows: Page 5 3. FUTURE P1ANNrNG AND DE*Vi ' , -,on shall prepare and maintain comprehensive plans and e 6evelopment of the Village and make recommendations from time - '-' - o oknrlet 'oi changes as it deems necessary. Nothing herein shall prevent tlh,!:-� Councei.1i from initiating any proposal concerning comprehensive planning,, zoning, platting. and matters of general planning nature, pro hoTvvever, that an proposal shall first be referred to the Planning Commission for public hearings and re--o'm- mendations. Section 11. New Section 35-202 shall have added - thereto subpacagraph 4, wilich shall read as follo%vs: 4. REPORTS, The Planning Commission shall prepare all such reports as the Council shall direct. Section 12. Section 35-510, subsections (1), (2) and (3) shall be renumbered 35-210, subsections I and 2, and are revised to read as follows: Section 35-210. REZONING. The procedure for 61--taining a change in the zoning classifioation of specific properties shall be as follovrs: 1. The property owner proposing rezoning of his * property, or his authorized agent, shall fill out and submi to the Village Clerk a "Zoning Form", copies of wh-irh are avail. able at the Village Hall, together with a fee of $25. 00 to be used for costs of processing the petition. 2. The Village Clerk shall refer the petition to the -Planning Commission. Section 13. The introductory paragraph of new Section '65-220 sliall read as follows: Section 35-220. VARIANCES. The procedure for obtaining a varian from the requirement's of this ordinance shall be as 1.*oll3,r,rs: Section 14. The introductory paragraph of Section 3. .`.s renumbe-red 35-111 and is revised to read as follows: Section 35-111. VARIANCES. Where there are pl­<I-ct difMculties Ld or unnecessary hardships in the way of carrying out the strict letter o - ; - 1­J,s ordinance, the (Douncil shall have the power to vat the requirements of t ordinance in harmony with the general purpose and intent thereof so tlhat itchle 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 ca specific p��ovj_sion Of the ordinance. Procedure for requesting a Variance is given in Section. 35220. 1 :Iu on t. Section 35 -530 shall ra ora i ?c S ? all 'hE t $ �di 6ECi c S '.h',"?.' aftc i.. ie_T, 1? - ' he S7 same; subparagraph t7 :�l be :E'T S c� us 6a through Ge and subsections 6g and Gh shall r e ^ -,nia'..a uric' c3i3< ; ,: T i soo.tion 1-5 sha.11 be revised as written below; subparagaaphs :' and S ts" OfIchanged e Section �5 -?3G. SPEUTAL USE PERMITS. Before a ?„.0 idipp or 3ronriise '.S devol 'Co any use classifte. as a "Sp ecial Use" b this or i arl.y`.a , a ��'',s ,'ac`%as U . , s "' iilsL crust itL' �_ai1.G�I spy fiiil? � llage (+t . �'lr^ jJrl74`'c,C:Lt> .:o' iir'.:a %z???li,+ a Special Use Permit for special land uses listed under Sections 35­3 315 320 3u0, 340 and 350 shall be as folio, ^�s: 1 2 PPa. 3 eaome 5 P a o e a 6. The P "ar:ning Commission vAll consider jaussibic: aiffect:s of the proposed special us and what a dditional r equ - i ement -s, i: be to reduce such adverse effects. its judgment shall be guides bar: a Paao b P /E 9 a O C d ;c ,P e � , , P C f, :':.Jo:g3'ee of odors, dust, hies, verrf Y__ gas,, no. - Lse, or vibration.; or hazard to life and - �. , i cope7 "ty -n the neighborhood.. p g ,Pae h c m o 0 0 "✓ U e P 4 G Section � . 16 _ '.o t) i?G��J�s°'?Ction � S °��tl 9;.}C?fi. <73,L7oY'z;-s, S�ii: < <.�. roc: c ,t;,'se,. the following in their proper a lphabetical sequence: A-buttin ote Any lots which have a coi't?.iiio 'bol.in"I'EzVY'e . .�.oL.> Lots �h ldch are SEx"). ara i b a p�Tb'dc; > ireett i Efficiency Unit. A dwelling unit with one pr'.ETmx' roc :m as a Av ng room , e1huxig room and bedroom, H ome Occu.pEqio ? Any gai nful OoCUipa'iiG?t or i3 =Qum sE.t3 ?'L c.ss Z)::? s`li,thin M dwelling uniA., by the occidpaat, and not invol nC; a =t« &C 6uSaO'' ' si .'.''._ t 'adc T�ia uX_e1c' y 1t` c n p ; f �t,i " t} f.tt,� i.i ti.. +J S _ °�" C4.... r ;C i3 fi :1 " E'. Gr C ?z t Z:g s" + t �z i r .: �? >^ r.;I p G'>a7, rkCi ! t7L' i 'JJ 53e Cc. ic'fl ! C3'. Ti;� : �t n om; ;7I r?- i" :f? r- W- or, 3 lire In - he p fo ma�nce of su- r� se r:�• s e (For . :<�. ~_:' ..e; ?nU.:.�T?dz.3.cVl :71ix5iC i'_1S":rL.GtiC3:ai> and i:hE3 � • .a octal ?iri<ie Occupat A To oe,°.L:.upation w: = ?.C:i? ?. C31V ':? s ik2o:iC:oA'itert stock in trade in ► e formaa.nce of the serv3.Ce, or aqu ipme Pt x'oi' _ found in t Y home or en'Ough to on the pneirri-ses, (For excernple., photography studio, day ntirsery, and i?ie like-,) Sec 17, this ordinar1cc shad - . , ".ake effect fron anc'� after its legal publication, Passed by the Village Co of the Village of Brooklyn Center As -,? 3'� day of 3. 96,? .1 Mayor Attest� Clerk (Seal)