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HomeMy WebLinkAbout2006-237 Zoning Ordinance Amendment CITY OF CORCORAN ORDINANCE NO. 2006-237 AN ORDINANCE AMENDING THE TEXT OF CHAPTER X OF THE CORCORAN CITY CODE ENTITLED THE CORCORAN ZONING ORDINANCE (City File 06-018) THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Chapter X of the Corcoran City Code is hereby amended as follows: A. SECTION 1020.020 (DEFINITIONS) IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: RESIDENTIAL FACILITY, STATE LICENSED: Any facility licensed by the Minnesota Department of Human Services, public or private, which for gain or otherwise regularly provides one or more persons with twenty-four (24) hour per day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person’s own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, halfway houses, residential treatment centers, maternity shelters, group homes, residential programs or schools for handicapped children. B. SECTION 1030.010 (NON-CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS), SUBD. 3 IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: A. Restoration. No legal, non-conforming use, building or structure which has been damaged by fire, explosion, act of God, or other peril, to the extent of greater than 50 percent of its market value, as determined by the City Building Official, and no building permit has been applied for within 180 days of when the property was damaged, shall be restored, except in conformity with the regulations of this Ordinance. C. SECTION 1030.100 (HOME OCCUPATIONS), SUBD. 8 IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: Subd. 3. Procedures and Permits. Whenever used in this Ordinance, the phrase “Home Occupation” shall include Allowed Home Occupations, Special Home Occupations and Conditional Home Occupations. Ordinance 2006-237 Page 2 A. An Allowed Home Occupation, as defined in this Ordinance, shall not require a permit as long as all of the criteria in Subd. 4 and Subd. 5 of this Section are satisfied. B. Any Special Home Occupation, as defined in this Ordinance, shall require an administrative permit, as outlined in Subd. 7 of this Section. C. A Home Occupation License shall be required for any Conditional Home Occupation as described in Subd. 8; which license shall be processed by the Home Occupation CommissionPlanning Commission as outlined in Section 1070.020 030 (Conditional Interim Use Permit) of the Zoning Ordinance. AND Subd. 7. Conditional Home Occupation License (CHOL). A. All Home Occupations not defined as Allowed or Special shall be defined as Conditional Home Occupations and will require a Conditional Home Occupation License (CHOL) to be issued, subject to review and approval by the City Council. The CHOL shall be processed by the Home Occupation CommissionPlanning Commission pursuant to Section 1070.030 (Interim Use Permit) of the Corcoran Zoning Ordinance. A CHOL is not a conditional use permit, but a license personal to the individual applicant and the particular business for which the application is made. If the business ceases, if ownership of the business changes, or if the individual to whom a license has been issued ceases to own the subject premises, the CHOL is automatically revoked. B. All applicants must demonstrate, to the satisfaction of the Home Occupation CommissionPlanning Commission and City Council, the need for the CHOL. All applications will be reviewed and analyzed, taking into consideration the general health, safety and welfare of the community as a whole. The Home Occupation CommissionPlanning Commission and the City Council shall consider the following standards and criteria when reviewing an application for a CHOL: D. SECTION 1050.010 (WETLAND OVERLAY DISTRICT), SUBD. 8 IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: A. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. A buffer strip has acceptable natural vegetation if it: Ordinance 2006-237 Page 3 1. Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least 10 consecutive years, or 2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least 10 consecutive years, or 3. Contains a mixture of the plant communities described in (1) and (2) above, that have been uncultivated or unbroken for at least 10 consecutive years. AND C.C. Where buffer areas, or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within 10 years of the permit application, such areas shall be re-planted and maintained according to each of the following standards: 1. The soil in wetland buffer strips shall be amended, as necessary, to ensure that the soil has an organic content of not less than 10 percent and not more than 20 percent. 2. Buffer zones shall be planted with a seed mix containing 100 percent perennial native plant species, except of for a one-time planting of an annual nurse or cover crop such as oats or rye. E. SECTION 1050.020 (SHORELAND OVERLAY DISTRICT), SUBD. 3 IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: F. Subd. 3. Shoreland Classification. The public waters of the City of Corcoran have been classified below consistent with the criteria found in Minnesota Formatted: Bullets and Numbering Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota. Natural Environment Lakes Protected Waters ID# Legal Description Jubert Lake 165P T119 R23W S29, 32 Tributary Rivers/Streams Legal Description North Fork Rush Creek T119 R23W Sections 2, 3, 4,5,7,8,11,18,19 Ordinance 2006-237 Page 4 Rush Creek T119 R23W Sections 13, 21, 22, 23,24,28,29 Unnamed Tributary T119 R23W Sections 11, 14, 15 Spurzem Creek T119 R23W Sections 33, 34 Unnamed Tributary T119 R23 W Sections 23, 26, 34, 35 The shoreland area for these waterbodies shall be shown on the Official Zoning Map. G. SECTION 1060.060 (PARKING AND LOADING), SUBD. 4(C) IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: c.6. Street Encroachments. Except in the case of single, two family dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot upon the property being serviced and does not depend upon a public street or alley. Except in the case of single, two family dwellings, parking area design that requires backing into the public street is prohibited. Parking spaces in a public right-of-way shall not be utilized in meeting required off-street parking standards, except as may be provided in this Chapter. d.7.Parking Area Grades. The grade elevation of the required parking area or portion thereof shall not exceed 5 percent. e.8. Driveway Access Minimum. Each property other than single family uses shall be allowed one driveway access for each 125 feet of street frontage. All property shall be entitled to at least one driveway access. Single family uses shall be limited to one driveway access per lot, except when the property exceeds the required street frontage per zoning district requirements, a second driveway access may be allowed by approval of the Zoning Administrator. Except as otherwise approved by the Zoning Administrator, single family uses shall not access arterial and major collector streets. In such cases, if a lot does not have frontage upon a local street and where the Zoning Administrator Formatted: Indent: Left: 0.5", Numbered + Level: 1 + determines driveway access to arterial and major collector streets necessary, Numbering Style: 1, 2, 3, … + Start at: 6 + Alignment: Left + joint access through the use of shared curb cuts and access easements shall be Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tab utilized to the extent possible. stops: 0.75", List tab + Not at 1.25" + 1.5" f.9. Street Access. Except as allowed by a conditional use permit or property subdivision, each lot shall have frontage and access directly onto an abutting, Formatted: Bullets and Numbering improved and City accepted public street. g.10. Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, Formatted: Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 6 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tab stops: 0.75", List tab + Not at 1.25" + 1.5" Formatted: Bullets and Numbering Formatted: Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 6 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tab stops: 0.75", List tab + Not at 1.25" + 1.5" Formatted: Bullets and Numbering Formatted: Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 6 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tab stops: 0.75", List tab + Not at 1.25" + 1.5" Formatted: Bullets and Numbering Formatted: Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 6 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tab stops: 0.75", List tab + Not at 1.25" + 1.5" Formatted: Bullets and Numbering Ordinance 2006-237 Page 5 adjacent residential uses and public rights-of-way and be in compliance with Section 1060.040 of this Chapter. h.11. Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. All signs shall be in conformance with the City Code. SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the City Council on November 20, 2006. Formatted: Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 6 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tab VOTING AYE VOTING NAY _X__ Cossette, Tom ___ Cossette, Tom stops: 0.75", List tab + Not at 1.25" + 1.5" _X__ Grabowski, Chuck ___ Grabowski, Chuck _X__ Jacobs, Paul ___ Jacobs, Paul Formatted: Bullets and Numbering _X__ Lymangood, Chuck ___ Lymangood, Chuck _X__ Thomas, Ron ___ Thomas, Ron Tom Cossette, Mayor City Seal ATTEST: Bea Lindberg, City Clerk