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Home My WebLink About1952-06 10-22 CCO • (15 OP AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF BROOKLYN CENTER The Village Council of the Village of Brooklyn Center do ordain as follows: The Zoning Ordinance of the Village of Brooklyn Center enacted August23, 1950 is hereby amended as follows: (a) Section 3.33 of said ordinance is amended to read as follows: 3.33 Open Development -- Effect of. Platting. The above Open Development District Regulations shall remain in force until such time as any property within the Open Development District shall be platted or subdivided into building size lots and the same accepted by the Village Council and filed with the County Auditor, at which time all lot area within such platted or subdivided property shall be rezoned by the Village Council for the best interests of the Village, by Amendment to this Ordinance. Notice shall be published in the official newspaper of the time and place of a public hearing to be held within 30 days thereafter on a proposed amendment to rezone an entire plat or subdivision. Such notice shall describe the boundaries of the plat or subdivision and shall set out the proposed zoning change. Such published notice shall be deemed sufficient notice in lieu of mailing individual notices to property owners as required in Section 8.51. (b) Section 3.41 of said ordinance is amended to read as follows: 3.41 Commercial District Uses. In the Commercial District all buildings and premises except as otherwise provided in this ordinance may be used for any of the uses permited in the Open Development or Residential District and for the following uses: Apartments which have one square foot of open grounds for each square foot of gross floor space Boarding and lodging houses Hotels Assembly, Convention or Lodge Halls Financial institutions, messenger, telegraph, telephone, business and professional offices Carpenter, furniture repairing or upholstery shops, dry cleaning shops, barber shops, bookbinding shops, dressmaking and tailor shops, shoe repairing or dyeing shops, newspaper or job printing establishments, electrical, tinsmithing, plumbing, water, gas or steamfitting shops, paint or paperhanging shops; provided that each of said businesses shall primarily sell goods and services directly to the public at large and shall not be conducted as a manufacturing or warehousing enterprise Retail Stores and Shops Post Office, Fire and Police Station Self- Service Laundries . . 111 • IIIF (c) Sections 5.10, 5.11 and 5.12 of said ordinance are amended to read as follows: 5.10 Residence -- Yards Required. There shall be a front yard, a rear yard and two side yards provided for all dwellings. No rear and shall be less than 25% of the lot depth in any case. No side yard shall be less than ten (10) feet in width and no front yard shall be less than thirty-five (35) feet. Buildings which face on a side street shall have a front yard of not less than twenty (20) feet. 5.11 Residence -- Front Yards -- Modified by Existing Dwellings. In cases where the depth of front yards of the existing buildings in any block between intersecting streets are differentfrom preceding requirements or are irregular, the required front yard depth of any building hereafter erected shall be an average of the depths of the - Pront yards of the nearest building on each side of such building. Where there is an existing building on one side only, the required depth of the front yard shall be the existing depth of the front yard of the nearest building. Existing buildings on a corner lot facing on the intersecting streets shall not be considered in applying this section. Mhere this rule works a hardship, the yard requirements may be set by special permit. 5.12 Residence - Corner Lots -- Side Yards. On a corner lot the width of a side yard abutting upon a main street shall be not less than thirty-five (35) feet, unless there are interior lots platted or buildings fronting on the main street, when the side yard shall be not less than the front yard depth which would be required if the proposed building were to face on such main street. On a corner lot the width of a side yard abutting upon a side street shall be not less than fifteen (15) feet. Unless it clearly appears otherwise from the platting, the main streets shall be considered as those streets running generally north and south. Where this rule works a hardship, the yard requirements may be set by special permit. (d) Section 7.10 of said ordinance shall be amended as follows: The sentence at the end of the ft paragraph reading "Adjustments may be made in the following cases:" shall be replaced by a sentence reading as follows: "Special permtz may be granted in the following cases:" 1110 (e) Section 8.01 of said ordinance is amended to read as follows: 8.01 Planning Commission 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 five members appointed by the president of the Council and confirmed by a majority vote of the Council. Each member must be a citizen and resident of Brooklyn Center. The five members shall be appointed as follows: Two members shall be appointed at the beginning of 1953 to serve a term of two years or until a successor is appointed. Three members shall be appointed at the beginning of 1954 to serve a term of two years or until a successor iLa229121ya. Thereafter as the incumbents' terms expire, members 1 410 shall be appointed for a term of two years or until a successor is appointed. 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 times 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 Wala,e Council upon written charge and after a public hearing. Vacancies shall be filled by appointment, as above provided, or until a successor is appointed. (f) Section 8.51 of said ordinance is amended to read as follows: 8.51 Hearin,s Required on Petitions or Applications. Due notice of the proposed change and of at least one public hearing on the same shall be given to all property owners within 150 feet (not excepting road distances) of the property proposed to be changed, and whenever the value or use of any other property would be materially affected by granting the petition, owners of such property shall also be notified. Whenever the special permit is requested in order to grant, alter, or modify a use of property in either the commercial or industrial zones, 411 or whenever a petition is filed to rezone property from open development or residential to either commercial or industrial, or from commercial to industrial, then notice shall be given to all property owners within a distance of from 600 to 1200 feet (or more) of the property proposed to be changed (not excepting road distances) at the discretion of the planning commission. Following the public hearing, the Planning Commission shall forward the petition or application with a certification as to notices given and a recommendation to the Village Council for action. Failure of any property owner to receive a notice shall not affect the validity of these proceedings. Fifteen days notice of the time and place of a hearing shall be given an applicant who requests a special permit under Section 7.10 (f) by mail at the address specified by the applicant in his petition and shall be published in the legal newspaper of the municipality. Passed by the Village Council of the Village of Brooklyn Center this 22nd day of October, 1952. Attest: Arthur Paulson, Mayor ( IIL1 A111 1 110 Paul H. Weekly, Clerk (SEAL)