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HomeMy WebLinkAbout1957-25 11-05 CCO AN ORDINANCE PIPEEALING CHAPTER 35 OF ME ORDINANCES OF THE VILLAGE OF BROOKLYN CEMIER, SAID CHAPTER BEING KNOWN AS THE "ZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CEINTER AND ENACTING A NEW ZONING ORDINANCE TO BE KNOWN AS CHAPTER 35 OF THE ORDINANCE OF SAID VILLAGE The Vil Council of the Village of Brooklyn Center ordains: Section 1. Chapter 35 of the Or(inances of the Village of Brooklyn Center, known as the "Zoning Ordinance of the VillaE,e of Broolklyn Center" is hereby repealed. Section 2. A new ordinance to be known as the "Zoning Ordinance of the Villa -.e of Brooklyn Center" as hereinafter set forth is hereby adopted and shall replace the ordinance repealed - .I.n Section 1 as Chapter 35 of the Ordinance of the Village of Brooklyn Center. Section 3. Said new Zonini Ordinance of the Village of Brooklyn Center shall be in full force from and after its pullication. Section 4 For purposes of the minutes o-f the Council proceedings of the Village Council the foregoing shall be inserted in the minutes any the text of the new ordinance shall be attached to said minutes and shall be deemed a part hereof. Adopted by the Village Council of the Village of Brooklyn Center, Minnesota, t` - 1 , is 5th day of November, 1957. Mayor Attest: Clerk Seal CHAPTER 35 - ZONING AN ORDINANCE REPEALING CHAPTER 35 OF THE ORDINANCES OF THE VILLAGE OF BROOKLYN CENTER SAID CHAPTER BEING KNOWN AS THE tIZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER AND ENACTING A NEW ZONING ORDINANCE TO BE KNOWN AS CHAPTER 35 OF THE ORDINANCE OF SAID VILLAGE. 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 objectivess 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, General Provisions and Requirements Section 5 -20 . LOTS. Any lot which was held in a single ownership of record on April 4, 1940p 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. Where two or more contiguous vacant lots are held in single ownership within a subdivision which was duly recorded prior to April 4. 1 94 0 # 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 -202, DRAINAGEWAYS PROTECTED. 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 obstruc- tion, 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 -203. FRONTAGE ON A PUBLIC ROAD REQUIRED. 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 development 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 applicantfs 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 i 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 improvement made and shall be reimbursed from such bond. Section 35 -210. 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. Section 35 -211,, .ACCESSORY BUILDINGS. 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. Section 35 -212, ENCROACHMENTS. For the purpose of this ordinance 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 per cent 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 percent of the yard area; breezeways; open porches;detached outdoor living rooms. Section 35 -220. OFF- STREET PaRKING. In all districts off - street automobile parking space shall be provided as an accessory use in accordance with the requirements of this Ordinance. 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 15 feet of any street right -of -way. Section 35 -221. SIZE OF PARKING SME i.ND ACCESS. Each required parking space shall be not less than 250 square feet of standing and maneuvering area. 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 being closer than 100 feet apart. The number of parking spaces required in various zoning districts is given in Sections 35 -301 to Section 35 -334. Section 3� -222. 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 - 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 Village Engineer. • Section �5 -224. 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. Section 35- 225+ LOCATION. All accessory off - street parking facilities required herein shall be located as follows: (a) Spaces accessory to one and two - family dwellings on the same lot as the principal use served. (b) 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. (c) Spaces accessory to uses located in a Business or Industrial District; within 800 feet of a main entrance to the principal building served. Section 35«226. JOINT FACILITIES. Required parking facilities serving two or more uses may be located on the same lot or in the same structure provided that the total number of parking spaces furnished shall not be less than the sum of the separate requirements for each use. The Village Council may approve the joint use of parking facilities by the following uses or activities under the following conditions: (a) Up to 50 percent of the parking facilities required for a theater„ bowling alley dance hallp bar or restaurant may be supplied by the off - street parking facilities provided by types of uses specified under (d) below as primarily daytime uses. (b) Up to 50 percent of the off - street parking facilities required for any use specified under (d) below as primary daytime uses may be sup- plied 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. (e) Up to 100 percent 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 (d) below as primarily daytime uses. (d) For the purposes of this section the following uses are considered as primarily day -time 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. (f) Conditions required for joint use: (1) 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 park- ing facilities. • (2) 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. (3) A properly drawn legal instrument, executed by the patties 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 -227, DETERMIMMON 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. 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 spape•;i • • Section 35 -228 PARKING LOTS. 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. Section 35 -230, 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, and which will have a gross floor area of 10,000 square feet or more, there shall be provided off - street loading space on the basis of the following minimum requirements: Square feet of aggregate Minimum required number gross floor area of berths 10,000 up to and including 16,000 1 16,000 up to and including 40,000 2 40,000 up to and including 70,000 3 70,000 up to and including 100,000 4 For each additional 40,000 1 additional Section 35 -240. 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: 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 subsequent 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 sloes 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. District Provisions . Section 35 -301, DISTRICTS. For the purpose of this ordinance the Village of Brooklyn Center.is hereby organized into the following districts: Residence R -1 Single Family Residence District Business R-13 Residence - Business District B -1 Local Business District B -2 Regional Business District B -3 General Business District Industrial I -1 Limited Industrial District The location and boundaries of the districts established by this ordinance are set forth in Sections 35 -704, 35 -713, 35 -723, 35 -733, 35 -743, and 35 -753. unless otherwise indicated in relation to established lines, points or features, the district boundary lines are the center lines of streets, alleys or railroad rights -of -way existing or extended, . Section 35 -310. USES. Except as provided for in Section 35 -240 NON- CONFORMING UbES, no building or premises may hereafter be used or occupied within a given district unless it is a permitted or accessory use within such district or unless it is authorized as a special use. Sections35 -701 35 -702 35 -704, 35 -710, 35 -711, 35 -712, 35 -720, 35 -721, 35 -722, 35 -730, 35 -731, 35 -732, 35 -740, 35 -741, 35 -742, 35 -7501 35 -751 and 35 -752 gives the various Permitted Uses, Permitted Accessory Uses and Special Uses for each district, Permitted and accessory uses are those which are more or less natural and compatible with each other in a given 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 permitthd uses, Special uses require a Special Use Permit the procedure for which is given in Section 35 -530. Section 35 -320, T.01E OF DISTRICT REQUIRWNTS (Minimum Requirements) DISTRICTS • R1 RB kl B2, I;•1 #1. Lot Area (Sq. Ft.) 9,500 9 1,500 -- Ground Floor Area per Dwelling Unit(Sq.Ft.) 2 Bedroom Homes 768 768 -- -4 3 Bedroom Homes 912 912 -- -- 4 and more Bedroom Homes 1,152 1,152 -- -- Lot Width (Ft.) 75 75 20 100 *2. Front Yard Set Back (Ft.) 35 35 30 30 *3. Side Yard Set -Back (Ft.) 10 10 10 10 Side Yard Set -Back Facing Street (Corner Lot) 25 25 25 25 Rear Yard Set -Back (Ft.) 40 40 25 25 Parking Spaces (250 Sq.Ft. per space) Dwellings: 1 Space per dwelling unit Hospitals: 1 Space for every 3 beds Churches: 1 Space for every 3 seats Retail 1 Space for each 85 sq. ft. Business: of floor area Other 1 Space for each 150 sq. ft. Business: of floor area except that restaurants must have 1 Space for each 3 seats and motels must have 1 Space . for each unit. Industry: 1 Space for every 2 employees (based upon maximum planned employment during any work period) or 1 Space for each 800 Sq.Ft. of floor area, whichever requirement is the greater. Floor Area Ratio (Floor area to lot area) Maximum permitted .4 .4 .6 4 Footnotes: #1, The minimum requirements for structures other than single family residence shall be 8,000 sq, ft. for duplexes 1600 sq. ft, for efficiency units, and 2,700 sqe ft for all other multiple family units. Residential requirements are per dwelling unit, *2. U'here adjacent structures have front yard set -backs different from those required, the front yard set -back shall conform to the average zet -back of the adjacent structures. If or4y one adjacent lot is occupied by a structure, the front yard set -back shall be the average of the required set -back and the set -back of that adjacent structure. %'here a regional shopping center faces a major thoroughfare the set -back shall be 150 feet. 1 an industrial district faces a residential district across a street, the front yard set -back of the industrial district along; that street shall be no less than 100 feet. Set -backs along major thoroughfares shall in no event be less than 90 feet, measured from the center -line. *3. A garage must be set back at least 5 feet from a side lot line, except that a Lara&e 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. Where a commercial district adjoins a residence district, the set- back shall be not less than 25 feet. Lhere an industrial district adjoins a residence district the set -back shall be not less than 100 feet, Side yard set -backs shall be no less than the height of the building, Section 35 -331, SPECIAL RW.UIF'.EIIFIITS IN ALL DISTRICTS. No basement, cellar, garage, tent, trailer or accessory building shall at any time be used as a residence or dwelling, temporarily or permanently. All signs, billboards and advertising_ structures shall comply with the applicable ordinances of the Village of Brooklyn Center. Section 35 -332. SPECIAL REr;UIFi. EFTS IN BUSIPIESS DISTRICTS. (a) All business, storage, service, repair or processing, or merchan- dising displdy shall be conducted wholly within an enclosed building or behind a solid fence not less than five feet high except for es- tablishments of the drive -in type offering goods or services directly to customers and off - street parking and loading, (b) 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 machine for fabricating, processing or repair in any establishment. (c) 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, (d) 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 parkingp off - street loading, or storage, and shall be landscaped. The landscape treat- ment 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. Section 35 - �33. ' SPECIAL REQUIREMENTS IN INDUSTRIAL DISTRICTS. (a) 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 must reduce noise and inhibit 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. (b) 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 tot 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 perehlorate and nitroglycerine; blasting explosives, such as dynamite, powdered magnesium., potassium chlorate, potassium permangenates and potassium nitrate; and nuclear fuels and reactor elements such as uranium 235 and plutonium. (c) The floor area of any floor higher than two stories above the front lot line shall not exceed 25% of the tract area owned by the developer. (d) No industrial use shall extend within 50 feet of a lakeshore. Section 35 -334 SPECIAL REQUIREMENTS IN NEIGHBORHOOD SHOPPING C EQ NE HBORH00D FACILITIES 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 requirments shall also apply to future commercial development . in areas already zoned for neighborhood business. (B -1 Districts) (a) The property shall be located within a general area designated for local shopping according to the Guide Plan of the Planning Commission. (b) 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. (c) The off - street parking ratio shall be not less than three square feet of off - street parking to one square foot of floor area, (d) The minimum development to qualify as a shopping center shall con- tain not less than one retail grocery store and one drug store. There shall be not less than 25 x 000 square feet of gross floor area and not more than 100 square feet. (e) 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 con- tain no structures shall not be used for parking off - street load - ing 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. (f) There shall be no off - street parking within 15 feet of any street right-of-way. (g) The parking area shall be improved with a durable oil- stabilized surface and the handling of surface water drainage shall be accord- ing to a plan approved by the Village Engineer. (h) Cross lane traffic access on rdajor thoroughfares, as designated by the Planning Commission shall be channeled across thoroughfare intersections, unless turn reservoirs can be provided in median strips. (i) 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 Commissior.ts Guide Plan and not merely upon existing development and shall demonstrate a need for an additional shopping center. • Certificate of Occupancy Section 35 -401, RESIDENTIIiL OCCUPhNCY. 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 pro - visions 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 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 occupied until such certificate shall have been issued. • Section 35 -410 BUSINESS AND INDUSTRIAL OCCUP.ZCY. No person shall enter upon or engage in any business activity in or upon any buildingp 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 applicantIs name adciress., 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 any 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 immediately notify the Building Inspector of such fact. A temporary occupancy permit may be issued by the Building; Inspector for the temporary occupancy and use of any building, structure, or premises, 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 f„ • Administration Section 35 -501. PLANNING COMMIS: -ION ESTABLISHED. A commission 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. Thereafter 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 Commission but these appoint- ments 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 least once a month and call public hearings. No member of the board shall pass upon any question in which he is directly or indirectly interested, It shall prepare all such reports as the Village Council shall direct. 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. Section 35 -502., DUTIES-- kPPEHL. The Planning Commission shall hear and review all appeals from the ruling of the Building Inspector or other Administra- tive 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. Section 35-503. DUTIES -- REVIEW OF PROPOSED JI MENDM.rNT OR SPECII,L FE RMIT The Planning Commission shall hear and review all petitions to amend this ordinance or to obtain a special permit, The Planning Commission shall then report its recommendation to the Village Council for action. Section 35 -504. FUTURE PLANNING iM 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 or amendments it deems necessary. Nothing herein shall prevent the Village Council from initiating any proposal concerning comprehensive planning zoning, plattingp changes in streets and other matters of general planning nature provided, however that any proposal shall first be referred to the Planning Commission for hearings and recommendations. Section 35 -510• REZONING AM AMNDMTS TO ZONING ORDINhNCE. The pro- cedure for rezoning or making changes in district boundaries shall be as follows: • (1.) Either the Planning Commission or Council may initiate a proposed rezoning, Changes in the zoning classification of specific properties are rezonings d property owner may request such rezoning if it applies to his property. If the property owner proposes such rezoning he shall fill out a zoning form copies of which are available at the Village Hall. (20 A petition from a property owner for a zoning amendment shall be accompanied by a fee of $25 to be used for costs of processing the petition. {3,) The petition shall be filed with the Village Clerkp who shall refer it to the Planning Commission. (40 The petition shall be on the agenda of the Planning Commission at its next regular meeting., but not earlier than seven days, This meeting shall serve as the hearing on the petition. (5.) Not less than ten days prior to date of the hearingp mailed notice of such hearing shall be sent to the petitioner and to property owners within 250 feet of the property in question. (6,) The Planning Commission shall make itsfrecommendations to the Council not later than the next regular meeting of the Planning • Commission.. following the date of the hearing. (7.) The petition and report shall be placed on the agenda of the Council at its next regular meeting following referral by the Planning Commission. (8.) The Council must take action on the petition within 30 days (90 Notification shall be made of the Council's action. (100 All other amendments to the text of the zoning ordinance shall be in accordance with state statutes. Section 35 -520. VARIANCES. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the pro- visions of this o`rdinance the Council shall have the power to vary the require- ments of this ordinance in harmony with the general purpose and intent thereofi so that the public health.. safety and general welfare may be secured and sub- stantial 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. The variance procedure shall be as follows: 1, The petitioner shall fill out and submit to the Village Clerk a form copies of which are available at the Village Hall. The '?Zoning Forme will be used for this purpose as well as for re- zoning. 2. The Village Clerk shall refer the petition to the Planning Commission, . 3. The petitioner shall appear before the Planning Commission at its next regular meeting or at some other specified time following accept- ance of the petition by the Village Clerk in order to answer questions concerning the proposed variance. fit. The Planning Commission shall make its recommendation on or before its next regular meeting following its first consideration of the petition. 5. The Council shall act on the petition within 30 days after receiving the recommendations of the Planning Commission. Section 35 -5�0, SPECIAL USE PERMITS. Before a building or premises is devoted to any use classified as a "Special Use" by this ordinance (see Sections listed under sub - title Fisting of Uses)., a Special Use Permit must be granted by the Village Council. The procedure for issuance of Special Use Permits is 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 $540. 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. 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 variance. 6, The Planning Commission will consider possible adverse effects of the proposed special use and what additional requirements may be necessary to reduce such adverse effects. Its judgment shall be based upon: a. Relationship to community plans. be The geographical area involved„ c. Whether such use will depreciate the area in which it is proposed. d, The character of the surrounding area. e. The demonstrated need for such use. f. Whether the proposed use would cause odors dust flies vermin smoke gas noise.. or vibration or would impose • hazard to life and property in the neighborhood. g. Whether such use would inherently lead to or encourage disturbing influences in the neighborhood. he Whether stored equipment or materials should be screened and whether there would be continuous operation within the visible range of surrounding residences. ?. 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. 8. 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 conditions it considers necessary to rotect the public health safety, and welfare. P P � y� Definitions Section -6 35 Ol. DEFINITIONS. The language a set forth in the text of this g 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 Irbuilding shall include the word "structure" and the word I'lot shall include the word "plot" or 11 site". Accessory B uilding. ua.lding. A subordinate building, the use of which is incidental 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. 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 pre- vious arrangement and not to anyone who may apply. Building. 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 ex- hibited 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 resi- dential 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 attachedfit shall be considered as a part of the building in which the dwelling unit is • located. Dwelling. Single - Family. A residential building containing one dwelling unit including detached, semi - detached and attached dwellings, Dwelling. Two - Family Duplex). k residential building containing, two dwelling units, including detached, semi - detached and attached dwellings. Dwelling, Multiple - Family (Apartment and Flat). A building or portion thereof containing three or more dwelling units. 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 buildirW, or buildings - measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular., "floor areal. shall includes (a) Basement space if at least one -half of the basemEn t story height is above the established curb level or where the curb level has not been established, above the average Revel of the finished grade. (b) Elevator shafts and stairwells at each floor, (c) 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„ (d) attic floor space where the structural headroom exceeds seven and one -half feet, (e) Interior balconies and mezzanines (f) Enclosed porches, but not terraces and breezeways, (g) 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. i J Garage $ Storage. 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 engaged in by the occupant of a dwelling not involving the conduct of a retail business, manufacturing busi- ness, or a repair shop of any kind on the premises., and not including any occupai* tion conducted in any building on the premises excepting the building which is used by the occupant as his or her private dwelling. Home occupations further shall not include the employment of any additional persons in the performance of such services. "Home occupation" includes but is not limited to the following: tart studio; dress- making; professional office of a clergyman, lawyer physician, dentist architect engineer, or accountant, when located in a dwelling unit occupied by the same; and teaching, with musical instruction limited to one pupil at a time. However, t occupation" shall not be construed to include the following; clinic or hospital; barber shop or beauty parlor; commercial stable or kennel; tourist home; or restaurant. 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. �s Junk 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. Loading 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. r� building or premises where lodging; is provided for compensation for five or more persons but not exceeding twenty -five persons. A Itlodging 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 roomtt. 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. Lot, Interior, ;1 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, Reversed 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 between 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 dwellings 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 after removing same from another part of the same or a different lot tract or 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 distract in which such building is located. Non - Conforming Use. See "Use Non - Conforming", Parking Space, Automobile A suitably surfaced and permanently maintained area on privately owned properly, 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 6f 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 accommodation 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. Set Back. The minimum horizontal distance between a building and the street or lot line, disregarding steps, unroofed porches and overhangs. . Sin. 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 business. 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 ". Sign 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 jhich it is affixed, Sign, 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. Sign, flashing, Any illuminated sign on which the artificial light is not maintained stationary and /or constant in intensity and color at all times when such sign is in use For the purpose of this ordinance any revolving, illuminated sign shall be considered a "flashing sign ", 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. Stab _ le, Private, k stable is a ny g buildin located on a lot on which a residence is located, designed arrangedp 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. Stable, Public. A stable where horses are kept for remuneration.. hire or sale. Stand, Roadside. A structure for the displry 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 sup- porting 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. 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* L 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 designedp arranged or intended or for which it is occupied or maintained. Use, Principal. The main use of land or buildings as distinguished from a subor- dinate 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 regulations 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 $uch 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 Listing Of Uses • Section 35 -701. SINGLE FAMILY RESIDENCE DISTRICT (R -1) PERMITTED USES a Single family dwellings. b. Churches and schools, public and private, elementary and high, provided that any principal building shall be located 30 feet or more from any other lot in a Residence District. c. Agriculture - except livestock and poultry raising. On premises devoted primarily to farming, truck gardening,, nurseries or green- houses, the sale of trees, shrubs, plants, flowers, vegetables, fruits, and other farm products grown on said premises may be conducted within a roadside stand located on such premises* Such stand shall not exceed one story in height nor 1,000 square feet in floor area. d. The office of a resident physicianp architect engineer or similar profession, provided the conditions of a home occupation are com- plied with. See following paragraph. e* Home occupations, when carried on within a dwelling unit and not in an accessary building, provided that no stock in trade is kept or sold, that no other than persons residing on the premises be em- ployed and that no equipment not customarily found in a home or light enough to be carried be in use. f Public uses. � . 1.11 g. Golf courses and tennis courts, provided that any lighting is dir- ected away from residential areas. Section 35 -702. SINGLE FAMILY RESIDENCE DISTRICT (R -1) ACCESSORY USES • a. Private garages containing not more than 600 square feet of floor area or parking areas for not more than four non - commercial passen- ger vehicles. b Conservatories for plants and flowers, not including any business, trade or industry. C. Separate living quarters for domestic servants employed on the premises when said premises contain 15,,000 square feet or more of land area. d. 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. e. 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. f. Unlighted real estate "for sale" or "for rent" signs not exceeding two square feet in area, with a 24 inch maximum for any dimension. g. Off - street parking and off - street loading. Section 35 -703. SINGLE FAMILY RESIDENCE DISTRICT (R-1) SPECIAL USES. a Nurseries and greenhouses provided that any heating plant is located 50 feet or more from any other lot in a Residence District. Provided further, that all incidental equipment be kept within a building. b. Livestock and poultry raising. c, Colleges, public and private. d. Hospitals and sanitoriums. e. Public- utility facilities - electric substations, water pumping stations, telephone stations and other similar uses; 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 located in a less restricted district or by locating the proposed facility in a less restricted district. f. Cemeteries. " g. Two - family dwellings. Section 35 -704, 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 here- by established as and placed in, the Single Family Residence District (R District excepting therefrom such portions of such territory specifically placed in and established as some other district. Section 35 -710. RESIDENCE - BUSINESS DISTRICT (ft B) PERMITTED USES. X�: a. Uses permitted in the R -1 District • b. Two- family dwellings (Duplexes). c„ Multiple - family dwellings. d. Clubs or lodges - private, non - profit. e. Medical and Dental services, f. Professional Offices and hospitals, sanatoriums and rest homes. g. Office buildings. Section 35 -711. RESIDENCE - BUSINESS DISTRICT (R B) ACCESSORY USES a. Accessory uses permitted in the R -1 District. Section 35 -712. RESIDENCE - BUSINESS DISTRICT (R -B) SPECIAL USES a. Special uses allowed in R -1 Districts. b. Mortuary Section 35 - 71�. RESIDENCE - BUSINESS DISTRICT (R «B) DO ARIES. Residence - Business Districts'(R-4) 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 ) of the Northeast Quarter (NE 4) of Section 10, Township 118, Range 21. The West 1/2 of the East 15 acres of the Northwest Quarter (NW 4) of . the Northeast Quarter (NE 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 4) of the Northeast Quarter (NE 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.4) of the Southwest Quarter (SW) of the Northeast Quarter (NE 1) 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) of the Northeast Quarter (NE 4 ), West of Road, except Road and State Highway, Section 10, Township 118 Range 21. That part of the Northeast Quarter (NE D of the Northeast Quarter (NE �} lying Northwesterly of State Highway ##100 and South of the North 518 feet of the Northeast Quarter (NE 4) of the Northeast Quarter (NE 1) of Section 10 Township 118, Range 21. The North 476 feet of the Northeast Quarter (NE 1 ) of the Northeast Quarter (NE 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: 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 Southeasterly 55.15 feet; thence East to West line of the East 165 feet of the Northeast Quarter (NE 1); 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 feet of the Northeast Quarter (NE l) of the Northeast Quarter (NE 4) lying East of County Road #4 and West of the East 165 feet of the Northeast Quarter (NE) of the Northeast Quarter (NE 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 6, Block 1, Sunset Manor extended; thence Southwesterly along the South line of said Lot 6 extended a distance of 183 feet; thence Northwesterly parallel to Osseo Road to the South line of Lot 8, Block 1 of the replat of Block 2 Langts Addition; thence Westerly to the Southwest corner of said Lot 8; thence Northwesterly to the Northwest corner of said Lot 8; thence Northeasterly along the North line of said Lot 8 extended to the center line of Osseo Road; thence Northwesterly along center line of Osseo Road to its intersection with the North line of Lot 24, rluditorts Subdivision #57 extended; thence Easterly along said North line of Lot 24 extended to the center line of Noble Avenue North; thence North along said center line to its intersection with the North line of Hoppets 1st Addition extended; thence Easterly to the Northeast corner of Hoppe 1st Addition; thence Southerly along the East line of-said Hoppets 1st Addition to a point 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. 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 W 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 Southwesterly 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. f I i Section 35 -720„ LOCAL BUSINESS DISTRICT (B-1) PERMITTED USES. a. Uses permitted in Residence - Business District (R -B), be Barber Shops c. Beauty Parlors d, Book and Stationery stores e. Clothes Pressing establishments f, Clothing Stores (Hats and Shoes) g. Drug Stores he Dry cleaning and laundry receiving stations processing to be done elsewhere. i. Florist shops retail sale of plants only. j. Food stores grocery stores, meat markets bakeries delicatessens, candy stores, dairy products. k, Gift shops. 11 Hardware stores. m. Jewelry Stores. no Junior Department stores. o. Laundries automatic self- service type or hand, employing not more than two persons in addition to the owner or manager provided that laundry machines shall not exceed twelve pound capacity each, p. Shoe and hat repair stores. q. Variety stores. Section 35 -721. LOCAL BUSINESS DISTRICT (B -1) ACCESSORY USES. a. Signs - Non - flashing business signs are permitted,subject to t1he 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. be Off- street parking and off - street loading. Sect ion 35 -722. LOCAL BUSINESS DISTRICTS (B -1) SPECIAL USES. a. Drive -in businesses where people are served in automobiles. b Mortuaries. c. Restaurants, when no entertainment or dancing is provided. d. Public Utility facilities. e. Clubs or lodges - private, non - profit. f, Service stations. g. Nurseries and greenhouses. Section 35 -723, 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 14) of the Southeast quarter (SE 1). Except that portion taken for 63rd Avenue North on the South side thereof and that portion taken for Osseo Road or State Highway No. 152 on the Southwesterly side thereof. Tract "'B" and that part of Tract "CII, lying North of the South 275 feet thereof; Registered Land Survey No, 357; Tract "An Registered Land Survey No. 695; Tracts "A", "B ",* "Ella "G ",.and the North 70 feet of Tract "F Registered Land Survey No 334. 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, Garcelonts Addition. East 67.78 feet of Lot 10, Block 4, Bellvue Acres, . Lots 27, 28, 29, and 30, Block 2, Fairh Park Lot 52, Auditor's Subdivision No. 218 Lot 1, Block 1 Ryden's lst Addition. North 200 feet of Lot 35, Auditor's Subdivision No, 218 Spanjerts Addition. That port. of Lot 61� Aud.itorts Subdivision No, 218 lying South and East of Highway 100 and West of Spanjerts Addition. s Section 35-7309 REGIONAL BUSINESS DISTRICT (B-2) 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, includ -ing 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. 40. Picture framing when conducted for retail trade on the premises only. 416 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 alterations 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. Iight fixtures and lamp stores. Section - 1 REG 3 5 73 . ION_�L BUSINESS DISTRICT B 2 ACCESSORY USES. I ( ) a. Signs are permitted subject to the following; 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. No sign shall project higher than 16 feet above curb level or six feet above roof level, whichever is the greater. 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. be Off- street parking and off - street loading; Section 35 -732. REGION�.L BUSINESS DISTRICT (B -2) SPECIAL USES. a. Any special use allowed in B -1 District, be amusement establishments, bowling alleys, pool halls, dance halls, commercial gymnasiums, swimming pools and skating rinks. 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 -733, 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, & 58, Auditors Subdivision No. 216. Lots 7, 8 9 10, and 11, Auditor's Subdivision No, 218. That part of Lot 12, 13, 14, 15, and 16, Auditor's Subdivision No. 218 lying North and West of Highway No. 100, Section 35 -740. GENEIL",L BUSINESS DISTRICTS (B -3) PERMITTED USES. a, Uses permitted in B -1 and B-2 Districts, b. Additional uses permitted are as follows: 1, Automobile service stations for retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation of minor services cust- omarily incidental thereto, also facilities for chassis and gear lubrication, and for vehicle washing, but not including the sale of vehicles new or used. • 2, Boat show rooms. 3. Blueprinting and photocopying establishments, 4e 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, planning, jointing or manufacture of millwork shall be conducted on the premises, 5, Catering establishments. 6. Clothing and, costume rental shops. 7. Exterminating shops, 8, Garages - for stora,e, repair and servicing of automobiles and trucks, including body repair end painting but not including auto wrecking yards. 9, Laundries and diaper services. 10. Linen, towels, draperies, and similar supply services. 11, Live bait stores. 12, Machinery sales. 13. Monument sales. 14, Motor vehicle sales. 15. Motorcycle sales. 16. Orthopedic and medical appliance stores but not including the assembly or manufacture of such articles. 17, Outdoor areas where outdoor merchandise, machinery or equipment may be displayed, 18. Pawn shops. 19. Pet shops, 20. Plumbing showrooms and shops. 21. Printing shops employing not more than ten persons exclusive of office help. 22. Recording studios. 23: Restaurants including live entertainment and dancing. 24. Sheet metal shops. 25i. Sign shops. 26. Trailer sales. 27. Used car lots. Section 35 -741• GENERAL BUSINESS DISTRICTS (B -3) ACCESSORY USES. as Signs - in accordance with regulations governing signs in B -2 Districts. b. Off- street parking and off - street loading. Section 35 -742, GENERAL BUSINESS DISTRICTS (B -3) SPECIAL USES. a. Special uses allowed in B -1 and B*+2 Districts. b. Animal Hospitals. Section 35 -743. 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 North 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 South- west 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 thy; 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 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 4) of the Southwest Quarter (SW4) of said section; thence Southerly at a deflection angle to the left of 94 55' a distance of 701.5 feet; thence Northeasterly at a deflection angle to left of 122 48' a distance of 612„65 feet; thence North- easterly at a deflection angle to left of 35 08' 20 a distance of 307.69 feet; thence Northerly 30.00 feet to the point of beginning containing 6.54 acres. whim.-_ I ' That part lying East of the West 5060 feet of that part of Government Lot 3 corresponding to Lot 7, Mendenhall i s Outlots • and of the North 1 3/4 acres of that part of said Lot 3 lying West 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, Gouldts Riverview Addition, West 150 feet of Lot 11, Block 4, Bellvue 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 West of the West line of the Southeast Quarter (SE 1) of the Southeast Quarter (SE 1.) of Section 34, Township 119, Range 21, Auditor's Subdivision No. 25, Hennepin County, Minnesota. Southwest corner of Osseo Road and 63rd Avenue North described as follows: Beginning at the intersection thereof a distance of 155 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. 357; Lot 4, Auditor's Subdivision No, 25; Tracts "D ", "C", and the • South 94.5 feet of Tract "F ", Registered Land Survey No. 334. A tract of land described as follows: 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 High- way No. 152 to the center line of proposed Indiana t,venue 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 North- westerly parallel to and 150 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 South- west of the Westerly right-of-way of Osseo Road; thence South- easterly parallel to and 150 feet from Osseo Road to the North line of Lot 6, Auditor's Subdivision No, 25; thence South to the Northwest corner of Tract "B", Registered Land Survey No. 357; thence East along the North line extended of Tract nBn, Registered Land Survey No. 357 to the East right-of-way line of Osseo Road; thence Southeasterly along the East right -of -way line of Osseo Road to the point of beginning, r„ Section -750* LIMITED INDUSTRIAL DISTRICT I -1 35 ( ) PERMITTED USES, a. Manufacturing. 1 Automobile., truck and trailer body repair. y P 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 substations, 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, oilin cannin cookie dehydrating freezin g� g� g� g� Y g� gp 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, polithing, 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 medicel 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. 28. 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, 31. Soap and detergents, packaging only. 32. Sporting and athletic equipment, such as balls, baskets, cues gloves, bats, racquets and rods, • 33. Statuary, mannequins, figurjnes, and religious and church art goods, excluding; foundry operations. 34. Textiles - spinning, weaving-, manufacturing, dyeing, printing, knit foods, yarn, thread and cordate. 356 Tools and hardware - such as bolts, nuts and screws, door knobs, drills,hand tools anca cutleryi hinges, house hard - ware, locks, and plumbing appliances. 36. Toys. 37. Upholster- (bulk) includinL mattress manufacturing, rebuilding and renovating. 38. Vehicles, children's - such as bicycles, scooters, wagons and baby carriages. 39. 4iood 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. T--letalurgi,cal and electronic research. f. Public uses. g. Public Utility facilities. Section 35 -751. MITED INDUSTRIAL DISTRICT (I -1) ACCE USES. a. Signs are permitted, subject to the folloiring: 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 buildinL 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 iaithin 40 feet of a residence district. 3o 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 i-dth no part having an elevation hither 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. 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 ofd'- street loading,. Section 35 , 752. LIMITED INDUSTRIAL DISTRICT (I -1) SPECIAL USES. . a Manufacture of building materials, such as prefabricated houses., composition wallboard, partitions and panels. be Heliports. c. Chemical research. d, Storage of coal and gas and gasoline bulk plant. e. Service stations f. Refrigerating plants. g. Other Manufacturing. Section 35- 753: 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 I 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 Sake 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 Frrance Avenue North; thence South to a point . distant 183 feet North of the center line of 50th l ,.venue 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 be- tween Lots 27 and 28, Block 4, Brooklyn Manor; thence South- easterly 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 of Beard avenue North to the center line of 49th 'venue North; thence Easterly to the intersection of the center lime 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, Bleak 4, Brooklyn Manor distant 150 feet South of the Northwest corner thereof; 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, Commencing at a point on the Northwesterly line of State Highway • No. 100 distant 1100 feet Southwest of the intersection of said Northwesterly line of State Highway No. 100 aid the East line of Section 35s Township 119,p Range 21; thence Northwesterly at right angles to State Highway No. 100 a distance of 1650 feet; thence Southwesterly to the Southeast corner of Block 1 Hipp's 5th Addition; thence South along the West line of hots 32, 31, and 30, Auditor's Subdivision No. 218 to the Northwesterly line of State Highway No. 100; thence Northeasterly along said North- westerly line of Highway No. 100 to the point of beginning. Section 35 -8016 ENFORCEMENT "ND PEM1TIES. 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 violater as provided by Statute. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforce- ment of, any of the provisions of this ordinance shall be fined not less than 10 dollars nor more than(100)hundred dollars for each offense. Each day that a violation is permitted to exist shall constitute a separate offense* Section 35 -802, V�LLIDITY. The invalidity of any portion of this ordinance shall not affect the validity of the remaining portions of this ordinance. The Village of Brooklyn Center hereby declares that it would have passed this ordinance and each portion hereof, irrespective of the possibility that any por- tion be declared invalid. Wherever under this ordinance 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 specified if it defers final action thereon beyond said period stating the reasons therefor. Adopted by the Village Council of the Village of Brooklyn Center, Minnesota. this 5th day of November, 1957. t Mayor Attest: i lerk� Seal