HomeMy WebLinkAbout1961-15 11-09 AP AN ORDINANCE AMENDING
CHAPTER 35 OF THE ORDI-
NANCES OF THE VILLAGE OF t t;
BROOKLYN CENTER, SAID +
CHAPTER BEING KNOWN AS
• THE "ZONING ORDINANCE OF
THE VILLAGE OF BROOKLYN:
CENTER." THE BROOKLYN CENTER PRESS
Village of Brooklyn Center AFFIDAVIT OF PUID ION
R
THE VILLAGE COU" CIL OF THE
VILLAGE OF BROOKLYN CENTER
ORDAINS AS FOLLOWS:
Section 1. Chapter 35 of the Villave nr -� STATE OF MINNESOTA
dinances is amended by renumbering the COUNTY OF HENNEP'IN SS '
former sections as follows:
Former Section 35 -201 to 35 -601 svp.-
STAND.IRD LOTS and the paragraphs
tbereunder shall be numbered 1 and _'
Fortner Section 35 -202 to 35 -602
DRAINAGER'AYS.
Former Section 35 -203 to 35 -603. E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has
Ibrmer Section 35 -310 to 35 -604. been President of The Post Publishing Co.. the publishers of the newspaper known as THE BROOKLYN
Former Section 35 -211 to 35 -604, sub-
paragraphs 1, 2, and 3. CENTER PRESS, and has full knowle of the facts herein stated; that for more than one year prior
Former Scctiun 35-312 to 354'(). „ "'" •y �'
Former Section 35-22' to 35-710.
h
to the p ublication therein of the.t. ............i.
Former Section 35 - 323 to 35 -711. p - ••' "'•'
Former Section 35 - 24 to 35 - 2,
Former Section 35 -225 to 35 703 and snb
paragraphs iai, (b). and (c) to 1, 2, and 3. •••• •
•• hereto attached, said newspaper was
Pnrincr Section 35 -226 to 35 -730 and sub-1 E,rioted and published in the Village of Crystal in the County of Hennepin, State of Minnesota, on
paragraphs tai throngli (e) to 1, 3, 4 I hursday of each week; that during all said time the following conditions have existed:
and 5; subsections il), t?( and (3) to a,
h, C.
Former Seet 35 to 35. Said newspaper has been printed in the English language from its known office of publication within
Former Se 35- 2 ?8 to o 35 -703, sub- Said
village from which it purports to be issued as above stated in column and sheet form equivalent in space
paragraph 4. to at least 450 inches of single column, two inches wide; it has been issued once each week from a
Former Section 35 30 to 39 -6'n. Known office established in such place for publication and equipped with skilled workmen and necessary
Former Section 35 -340 to 35 -170- material for preparing and printing the same; the press work thereon has been done in its known office of
Former Section 35 -3_0 to 35 -401, deleting
therefroin the category "Parking Spaces" publication; in its makeup not less than twenty -five per cent of its news column has been devoted to local
and Pootnotr `4 thereunder. news of interest to the community which it purports to serve; it has contained general news, comment and
Former Section 35 -320, Footnote '4 to miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat -
35 -705 :1IINIMUn[ PARKING STAN ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the
DARDS, extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers; it has had
Former Section 35-3,12, subsections (a), entry as second class matter in its local postoffice; has filed a copy of each issue with the State Histori-
(b), (c) and (d) to 35 -410, subsections 1, cal Society in St. Paul; and there has been on file in the office of -•he County Auditor of Hennepin
3 and 4. County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and
For nr Section 35.33 2, subsection (e) to location of said newspaper and the existence of the conditions constituting its qualifications as a legal
35 -707 PARKING LAYOCT I\ BUS1-, newspaper.
NESS DISTRICTS, renumbering subpara-
graphs (I) through (5 to 1, 2, 3, 4, and 5,�
Former Section 35 -333 to 35 -411 renum 'That the legal or official matter hereto attached was cut from the columns of said newspaper, and was
bean
- P subparagraphs (a) through (d) to I,
2, 3, and 4.
Former Section 35-334 to 35 -413 renum- printed and published therein in the English language once each week, for..:! .... ,successive weeks;
berm subparagraphs (a) throw h (i) to 1, 1
g - 8 ,.
3, 4, 0, 6, 7, R, and 9. ff
Former Section 35 -401 to 35 -150, subpara- That it was first so published on Thursday, the . • • • • • • • • • • • • • • r..i / ..,....day of
, grap h ormer Section 35 -410 to 35 -150, subpara- /
graph ?. r :. f l 19.6". � , and thereafter on Thursday of each week to and
Former Sectimt 35 -501 to 35-301 deleting
Ithe sentence "It shall prepare all such re { 7 j
ports as the \ %illage Council shall direct." inefuding tae .............. ..... / Ir ... day of � d'::'Tt.` °: J.: r:'::J:'�w•. 19. ./., and
Former Section 35 -503 to 35 -202, subpara- that the following is a printed copy of the lower case alphabet £rdm A to Z, both inclusive, and is hereby
graph I APPEAL, acknowledged as being the size and kind of type used in the composition and publication of said legal or
Former Section 35 -510, subsections (4)I official matter, to -wit;
,through (10) to 35210, subsections 3, 4, 5,'
6, 7, 8 and 9. abedefghijklmnopgrstuvwxyz -6 -pt. Oldstylt
Former Section 35 -520, subsections 1 abedefghijklmnopgr stuvwxyz -6 -pt. Devinue
;through 5, to 35 -220, subsections 1, 2, 3, 4,
5. Former Section 35 -601 to 35 -880 deleting abedefghijkimnopgrstuvvrxyz- 7% -pt. Exeeisior
';the definition of "Home Occupation" abedetgbijklmnopgrstuvwxys -7 Memphis Bold
Former Section 35 -701 to 35 -310, subpara -
graph I PERMITTED USES.
Former Section 35 -702 to 35 -310, subpara -
graph 2 ACCESSORY USES; and the e-
�isting subsections relettered in alphabetical '
order. r 4
Former Section 35 -703 to 35 -310, subpara- �.
graph 3 SPECIAL USES. ° ~� ✓.....G
Former Section 35 -704 to 35 -810.
Former Section 35 -710 to 35 -315, subpara-
graph 1 PERMITTED USES. Subscribed and Sworn to before
Former Section 35 -711 to 35 -315, subpara-
graph 2 ACCESSORY USES, j �(_ f p
Former Section 35 -713 to 35 -315, subpara- me this, • • • • • • J. r •'• • •dal ofk':. i"•�, -.'• • • • • •+ A-A•. 19..`G . , r✓
graph 3 SPECIAL USES.
Former Section 35 -713 to 35 -8I5,
Former Section 35 -720 to 35 -330, subpara-
graph 1 PERMITTED USES. -
Former Section 35 -721 to 35 -330, subpara- ••••••••••••......••• •••• .........................•• -
graph 2 ACCESSORY USES.
Former Section 35 -733 to 35 -320, subpara-
graph 3 SPECIAL USES, adding to sub-
section i, the following words preceded by
a comma (,) "and no noise resulting from . -...
this work sba11 be audible in adjacent nr
abutting properties above and beyond those
noises customarily associated with retailing
of merchandise and related vehicular park-
ing "
I
S
Affidavit of Publication
OF
Published in
THE BROOKLYN CENTER PRESS
5617 Corvallis Ave. N.
MINNEAPOLIS 22 MINNESOTA
DATE OF PUBLICATION
ATTORNEY
FILED
THE BROOKLYN CENTER PRESS
I
11
Former Section 35 -723 to 35. -8_'0,
Former Section 35 -730 to 35 -330, subpara- 30,000 square feet. In no case shall the park -
graph I PERMITTED USES. ling ratio be less than 2.5 igross parking
Former Section 35 -931 to 35 -330, subpara- area) to 1.0 (gross building area).
graph 2 ACCESSORY USES. Motels:--1 space for each unit.
Fenner Sectinn 3; -731 to 35 -330, subpara -!
graph 3 SPECTAL t'SES. Restaurants: -1 space for every three (3)
Former Section 35 -733 to 35 -830. seats
Former Section 35 -740 to 35 -340, subpara - 1 Other Business: 1 space for each 150
graph I PERMITTED USES. square feet of gross floor area.
Former Section 35 -741 to 35 -340, subpara-
graph 2 ACCESSORY USES. Industrial: 1 space for every (2) em- Section 35.230. SPECIAL USE PER -
Fortner Section 35 -742 to 35 -340, subpara -'I ployees (based upon maximum planned em- MTTS. Before a building or premise is de.
graph 3 SPECIAL USES. ployment during any Mork period) or I voted to anv use classified as a "Special
Former Section 35 -743 to 35 -840, space for each 800 gross square feet of floor Use" by this ordinance, a Special Use Per.
Former Section 35 -750 to 35 -350, subpara- area, whichever requirement is the greater. mit must be granted by the Village Council.
graph I PERMITTED USES. The procedure for obtaining a Special Use
Former Section 35 -751 to 35 -350, subpara - Section 7. Section 35 -331 is renumbered ,Permit for special land uses listed tinder
graph 2 ACCESSORY USES. 35 -604, subparagraph 4, and is revised to Sections 35- 310, 315, 320, 330, 340 and 350
Former Section 35 -752 to 35 -350, subpara read as follows: shall be as follows:
granh 3 SPECIAL USES'. 1.
Former Section 35 -753 to 35 -850. Section 35 -604. P,T'ILDTNGS. 2
4. No baseme 3.
nt, cellar, garage, tent, trail -
Former Section 35-801 to 35 -910. j ...
� 'er or accessory building shall at any time he
Former Section o n 3 to 35 -911. 4.
�� �I fuse as a residence r dwelling, temporarily
;
Section 2. Section 35 -__0 is hereby re- d idn o dellin tem ril
5.
!or permanently.
fixed and renumbered 35 -701 to read as 6, .The, Vjan e r Commission will op sid-'
follows: i Section R. New Section 35 -410 shall stave per possible adverse effects Of the proposed
be folli• subparagraph added thereto: s
Section 35 -701. OFF - STREET PARK- owng .su ereto: pecial use and what additional requirements
parkin,
ING REQUIREMENT. fTEN'IS IN BUSINESS DISTRICTS UIREMENT. Off- street g Secton 35 -410. SI'ECTAL REO( "IRE may be necessary to reduce such adverse'!
and loading space shall be provided in all effects. Its judgment shall be guided by - :
districts in accordance with the require. a. ....
menu of Section 35 -705, These requirements (B -1, 2, 3) ts S. 5o building Permit shall he issued un- b • •
shall apply only to structures erected , - provided i Section 35 itil a parking layout has been approved as e'
vided Section 9. Section 35 -5113 is renumbered after passage of this ordinance, p prove n ec
- d. . ..
id that the amount of off - street parking 5 -' , 02, subparagraph 2, and is revised to e.
provided for any existing use shall not he £. Degree of odors, dust, flies_, vermin,
reduced, except iu rea 2 PETITION FOR REZONING. VARI-
accordance with this or- d as follows: smoke, gas, noise, or vibration; or hazard
dinance. There shall be no off -street parking ANC'E OR SPECIAL USE PERMIT. The to life and property in the neighborhood,
within fifteen (15) feet of any street right - g. ....
F'lanving (bmmissiou shall hear and review
of -war. Off-street parking in an R -1 or R-13 h. ..
all petitions to obtain rezoning, a variance
district may include not more than one tom- 8
inertial vehicle of twenty -five (25) feet or ••••
from the requirements of the ordinance, or
8. ....
less in leiivth per dwelling unit, if used by a special land use permit, and report its Section 16. To new Section 35 -880, Deli.
recummendation to the Village Council for
the occupant of the premises fm' transporta- nitions, shall he added the following in
open r al �h i alletical sequence:
Tien to and from his ioU. It shall be parked � action, their p
oft- street on a space adequate for its storage Section 10. Section 35 -504 is renumbered Abutting Lot, Any lots which have a
as set forth in this section. 35-202, subparagraph 3, and is revised to common boundary.
read as follows: Adjacent Lot. Lots which are separated
Section 3. Section 35 -221 is heretic revis- FUT1 PLANNING ANP DF.- by a public street or thoroughfare.
ed and renumbered 35 -702 to read as fol- VELOWMENTS. The Planning Commission Efficiency 1 -nit. A dwelling unit with one
lows: shall prepare and maintain comprehensive primary room which doubles as a living
Section 35 -702. ACCESS TO PARI\TNG plans and maps for the future development room, dining room and bedroom.
SPACE. There shall be adequate provision of the Village and make recommendations Home Occupation. Any gainful occupa.
for ingress and egress from each single car from time to time of such changes as it, tion or profession carried on within a dwell-
space. Access to off- street parking areas shall deems necessary. Nothing herein shall pre- ing unit by the occupant, and not involving
be restricted to driveways 30 feet or less in vent the Village Council from initiating any anv accessory building, stock in trade, man -
width, no two driveways on any particular proposal concerning comprehensive plaintiar,i ufacturing business, repair work, equipment
parcel of land in a business or industrial zoning, platting, and matters of general not customarily found in a home or Sight
district being closer than 100 feet apart. plannitig nature, provided, however, that any'• enough to be carried, or employment of per -
Section 4. Section 35 -301 is revised to proposal shall first be referred to the Plan- sorts not residing oil the premises in the
read as follows: ring Commission for public hearings and performance of such services. (For example:
LAND USES recommendations. Dressmaking, professional offices, individual
Section 35 -301. LAND T1SF DTS- Section 11. New Section 35 -20'2 shall have unusic instruction, and the like.)
ITRICTS. For the purpose of this ordinance, 'added thereto subparagraph 4, which shall Special Home Occupation. A home occu-
,the Village of Brooklyn Center is hereby or- read as follmvs: Ipation which involves incidental stock in '
ganized into the following land use districts: 4. REPORTS. The Planning Commission (trade in performance of the service, or
RESIDENCE shall prepare all such reports as the Council !equipment not customarily found in a home
R -1 . Single Family Residence District. shall dvect• or light enough to he carried, but not em.
BUSINESS Section 12. Section 35 -510, subsections plovment of persons not residing on the
R -B Residence- Business District (1), (2) and (3) shall be renumhered 35- premises. (For example: Barber shop, beau -
B-1 Local Business District. 210, subsections 1 and 2, and are revised to ri - parlor, shoe repair service, photography
B -2 Regional Business District, read as follows: studio, day nursery, and the like.)
B -3 General Business District. Section 35 -210. REZO \ING, The pro- Section 17. This ordinance shall take ef-
INDUSTRTAL reduce for obtaining a change in the zoning feet from and after its legal publication.
I -1 Limited Industrial District, classification of specific properties shall be Passed by the Village Council of the Vil.
The location and boundaries of the dis- as follows: !age of Brooklyn Center this 23rd day of
tricts established by this ordinance are set 1. The property owner proposing rezon- October, 19f,1.
forth in Sections 35 -810, 815, 820, 830, 840 ing of his property, or his authorized arent,l WILLIAM N. SUPER,
and 850. shall fill out and submit to the Village Clerk, flavor.
Unless otherwise indicated in relation to a "Zoning Form ", copic, of which are avail-, ATTEST: established lines, i-ints or features, the dis- able at the Village Hall, together with a fee' [T. A. Df_)R1'1-'. Clerk.
trict boundary lines are the center lines of of $2.3.00 to be used for costs of processing! � A
streets, alleys or railroad rights -of -way ex- the petition. i (Pvl ,fished in 1'he Brnolacn Center Press
isting or extender!. 2. The Village Clerk shall refer the peti -' Nncentber 9 and ln, l0ol 1,
Section 5. Section 35 -310 is hereby renum tion to the Planning Commission.
tiered 35 -110 and revised to read as follows: Section 13. The introductory paragraph
Section 35-110. LAND USES. Except as of new Section 35 -230 shall read as follows:
provided for in Section 35 -120, no building', Section 35 -220. VARIANCES. The pro -
or premise may hereafter be used or ocen- cedure for obtaining a variance from the
pied within a ziven land use district unless requirements of this ordinance shall be as
it is a permitted use in that district, or un- follows:
( less it is authorized as a special use. See- 1. ,
, lions 35-310, 315, 320, 330. 340 and 350, Section 14, The introductory paragraph
give the various permitted and special uses.' of Section 35 -520 is renumbered 35 -111 and
Permitted uses are those which are more orj is revised to read as follows:
less compatible with each other in a given; Section 35 -111. VARIANCES, Where
(land u'e district. Special uses are those there are practical difficulties or tmneces -I
which may be desirable for the public wel -I sary hardships in the wav of carrying outs!
fare in a given district, but which have al the strict letter of this ordinance, the Coun -I
potential into inpatibility nitli•the permitted! cil shall have the power to vary the re-
fuses. 1 quirements of this ordinance in harmony
Before a building or premise is devoted to with the general purpose and intent thereof
any use classified as a special use by this so that the public health, safety and general
ordinance, a Special Use Permit must lie' welfare may be secured and substantial jns.
granted by the Village Council. Procedure tice done. Stich a variance does not consti-
for requesting a Special Use Permit is given tute any change in the Zoning Ordinance
in Section 35 -230. or in a zoning classification. It represents
Section 6. Section 35 -330, subparagraphl an exception to a specific provision of the
Parking Spaces" is hereby renumbered Sec -' ordinance. Procedure for requesting a Vari-
Ition 35 -704 and revised to read as follows: ante is given in Section 35 -230.
Section 35 -704. fITNDIC_lt PARKING Section 15. Section 35 -530 shall be re-
SPACES REQUIRED. numbered 35 -330, the introductory para-
Dwellings: -1 space per dwelling unit, i graph shall he revised as written below;
Hospitals: -1 space for every three (3) subparagraphs 1 through 5 shall remain the
beds. same; subparagraph 6 shall be revised as
Churches: -I space for every three (3) written below; subsections 6a through Be
seats I and subsections fig and 6b shall remain tin -
Retail Business: -11 spaces for the first changed; subsection hf shall be revised as
1,000 square feet of gross floor area; o written below: subparagraphs 7 and 8 shall
spaces for each 1,000 square feet of area in remain unchanged,
excess of 1,000 square feet but not exceeri-
ing 30,000 square feee 7 spaces for each
1,000 square feet of flour area exceeding