HomeMy WebLinkAbout01/02/1996MAPLEWOOD PLANNING COMMISSION
Tuesday, January 2, 1996
7:00 PM
City Hall Council Chambers
1830 County Road B East
1. Call to Order
2. Roll Call
3. Approval of Minutes: December 4, 1995
4. Approval of Agenda
5. Public Hearings
a. Ismaili Muslim Community Church - 1460 Skillman Avenue
Land Use Plan Change (L to C)
Conditional Use Permit
Street Right-of-Way Vacation
6. Old Business
a. Shoraland Ordinance
7. New Business
a. Adult Use Ordinance
8. Visitor Presentations
9. Commission Presentations
a. December 11 council Meeting: Mr. Kittridge
b. December 18 council Meeting: Ms. Fischer
10. Staff Presentations
11. Adjournment
WELCOME TO THIS MEETING OF THE
PLANNING COMMISSION
This outline has been prepared to help you understand the public meeting process.
The review of an item usually takes the following form:
o
o
The chairperson of the meeting will announce the item to be reviewed and
ask for the staff report on the subject.
Staff presents their report on the matter.
The Commission will then ask City staff questions about the proposal.
The chairperson will then ask the audience if them is anyone present who wishes to
comment on the proposal.
This is the time for the public to make comments or ask questions about the proposal.
Please step up to the podium, speak clearly, first giving your name and address and
then your comments.
After everyone in the audience wishing to speak has given his or her comments, the
chairperson will close the public discussion portion of the meeting.
The Commission will then discuss the proposal. No further public comments are
allowed.
The Commission will then make its recommendation or decision.
All decisions by the Planning Commission are recommendations to the City Council.
The City Council makes the final decision.
jw/pc~pcagd
Revised: 01/95
MINUTES OF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
DECEMBER 4, 1995
I. Call to Order
Chairperson Axdahl called the meeting to order at 7 p.m.
II. ROLL CALL
Commissioner Lester Axdahl
Commissioner Bunny Brueggeman
Commissioner Barbara Ericson
Commissioner Lorraine Fischer
Commissioner Jack Frost
Commissioner Kevin Kittridge
Commissioner Dave Kopesky
Commissioner Gary Pearson
Commissioner William Rossbach
Commissioner Milo Thompson
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
III. APPROVAL OF MINUTES
Commissioner Fischer moved approval of the minutes of November 20, 1995, as submitted.
Commissioner Frost seconded.
Ayes-all
The motion passed.
IV. APPROVAL OFAGENDA
Commissioner Kopesky asked for the addition of Item 7. b. Roll of Planning Commission on
Conditional Use Permit Applications.
Commissioner Frost moved approval of the agenda as amended.
Commissioner Pearson seconded.
Ayes-all
The motion passed.
V. RESOLUTION OF APPREClATIONmTODD SANDELL
Chairperson Axdahl moved the Planning Commission recommend approval of the resolution of
appreciation for Todd Sandell for his service on the Planning Commission.
Commissioner Fischer seconded.
Ayes-all
The motion passed.
Planning Commission
Minutes of 12-04-95
-2-
VI. PUBLIC HEARINGS
Land Use Plan Change-Open Space Site 168C (2413 Carver Avenue)
(Grandview Addition)
Ken Roberts, associate planner, read the public hearing notice and presented the staff report.
Craig Dawson, assistant city manager, told the commission that there was approximately $1.2
million remaining in bond proceeds to buy open space land. Commissioner Fischer inquired
about the availability of the property near Rosewood Estate in the Beaver Lake area. Mr.
Dawson said the owner of this parcel is aware of the city's interest but preferred to market his
land privately.
Commissioner Frost questioned the city's recommendation to buy the property to the east. City
Engineer Ken Haider said a previous feasibility study determined the best outlet for Schadt Drive,
because of topography and grade problems, was to come through the Grandview property. If
the city purchases Site 168C for open space, it would be necessary to consider other options for
this parcel to the east. Commissioner Fischer was concerned about access to the back portion
of 2405 Carver, if the city purchases the Grandview Addition for open space, and asked if the city
has an obligation to provide access. Mr. Haider said additional costs to develop certain parcels,
because of open space acquisition, might be a factor for the city council to consider.
Mr. Roberts listed the various open space sites that have been approved and the cost of each.
Chairperson Axdahl asked for comments from the public. Merrill Paulson, with New Image
Builders (the developer of the property to the north of the Grandview site) said he is now working
to develop the property to the east of this parcel. Mr. Paulson said he paid the $10,000 feasibility
fee for the realignment study of Sterling Street. It was his understanding that he would be
reimbursed for this cost by the developers of these two sites. He said, if this open space
purchase transpires, it may be necessary for them to realign Sterling Street at a cost of $304,900
(1988) or ask the city to let it remain as is. Mr. Paulson requested the commission table this item
until a decision has been made for the future of Sterling Street.
Louie Hoffman, 2398 Schadt Drive East, presented a list of signatures from people on Schadt
Drive in favor of open space. Steve Bonfig, 2390 Schadt Drive East, said the value of the land to
the community should be considered. Joan Singer (1250 Dorland Road), ^rnie Kaiser (2406
Schadt Drive E.), Mrs. Hoffman (2398 Schadt Drive E.), Art Snyder (2430 Schadt Drive E.), Mark
Malluege (1288 Dorland Road S.) spoke in favor of the proposal. Rick Parker, Archon
Development, suggested the plat be revoked at the same time the city closes on the property.
Beverly Stielow, the owner of the property to the east, had no problem with open space but was
concerned with protecting her own interest. Mr. Dawson said the city was open to a process that
would arrive at a fair price for buying Ms. Stielow's property for additional open space.
Since there were no further comments, the public hearing was closed. Commissioner Kittridge
asked if there were sufficient funds to purchase Ms. Stielow's 15 acres. Mr. Dawson said this
property should be affordable and one the city would like to combine with the Grandview
property. Commissioner Kittridge commented about the desirability of connecting together
pieces of open space. Commissioner Rossbach said it was a good time, because of all the
attempted development efforts, to buy this property, and he felt it was a bargain. He also
recommended that an effort be made to purchase the property to the east. Mr. Rossbach also
wanted to point out that the open space acquisitions in the northern portion of the city were fairly
evenly distributed. He further indicated that Maplewood had not obtained much open space in
Planning Commission -3-
Minutes of 12-04-95
the southern "leg" of the city. He felt this purchase would help distribute the open space evenly.
Commissioner Thompson mentioned the lack of open space acquired in the western section of
Maplewood. . '
Commissioner Kittridge moved the Planning Commission recommend:
A. Adoption of the resolution which changes the land use plan for the area north of Carver
Avenue west of Sterling Street. The change is from R-1 (single dwellings) to OS (open
space). The city should make this change because:
1. Maplewood plans to buy this site for open space.
2. The site provides an interesting vista.
3. The purchase would help preserve a variety of natural features on and near this site,
including wetlands, slopes and trees.
4. The property is a good economic value.
5. There is safe and easy access to the area.
6. The site could provide year-round recreational opportunities.
7. There has been strong neighborhood interest in preserving the site.
The city shall not make these changes until the city closes on the property.
Commissioner Rossbach seconded.
Commissioner Frost asked to have "west of Sterling" clarified. Commissioner Rossbach said his
motion was just for the one property zoned R-1. Mr. Roberts confirmed that the resolution also
was only written for the one property.
Ayes-all
The motion passed.
Commissioner Rossbach moved the Planning Commission recommend the City Council direct
staff to negotiate with the owner of the property directly to the east of the Grandview property,
sitting between that property and Sterling Street. He suggested this be done for the following
reasons:
1. The owner is willing to negotiate with the city.
2. The parcel is connected to the parcel of land that was just recommended for open space.
As noted earlier, the larger the parcel, the better.
3. There is a fair chance that this property will also be an economic value.
Commissioner Kittridge seconded.
Ayes-all
The motion passed.
Planning Commission
Minutes of 12-04-95
VII. NEW BUSINESS
-4-
Bo
A. Livable Communities Act--1996 Maplewood Goals
Melinda Coleman, director of community development, presented the staff report. She said the
commission should look at benchmarks, the context of the comprehensive plan, and existing
programs and facilities in the coming months. Ms. Coleman pointed out that Maplewood was
above the requirements in all categories. She said that she and Ken Roberts, associate planner,
had attended a Ramsey County workshop on community development block grant rules and
programs available for next year. One question to be considered was how to factor existing
projects in Maplewood with the benchmarks. There was also a concern with how long credit
would be given for these projects.
Commissioner Rossbach said the majority of land available for residential development in
Maplewood is in the south leg. Most homes being built in this area don't seem to be in the
$115,000 "affordable" range. Because of this, Mr. Rossbach wondered if Maplewood should
look at the lower end of the benchmark. He said, if the Metropolitan Council's benchmark was
adopted and the city had the whole range to work with, it would not need to be changed.
Chairperson Axdahl questioned if, in a benchmark, something below 69 is good or is something
greater than 74 good in terms of ownership. Ms. Coleman answered that the increase in median
housing value would bring Maplewood's 82 percent down into the median range where the
benchmark is. She confirmed that when the benchmark is adopted, the city would also be
adopting the range. Commissioner Thompson asked if the Met Council could adjust the
benchmark to leave us in a less favorable position. Ms. Coleman said the benchmark would be
looked at annually. She said Maplewood has an option each year whether to participate.
Commissioner Frost explained the formula for determining the benchmark. He said Maplewood
was heading in the right direction with a good balance between higher-price and lower-value
homes. The benchmark number is that every city should have about the same balance of homes
as the neighboring city or cities in a similar situation. This benchmark represents a median.
Melinda Coleman suggested that Maplewood's number was high because gross amount of land,
including open space, streets, etc., was used in reaching this figure.
Commissioner Rossbach moved the Planning Commission recommend adoption of the housing
goals agreement benchmarks as prepared by the Metropolitan Council or some variation thereof.
This agreement indicates that Maplewood will make its best efforts to meet or exceed the
established housing benchmarks. After the city adopts the housing goals, staff will begin working
with the HRA and Planning Commission to develop a plan for implementing the goals and
objectives.
Commissioner Brueggeman seconded.
The motion passed.
Ayes-all
Roll of Planning Commission on Conditional Use Permit Applications
Commissioner Kopesky commented that the planning commission "looked kind of silly," in
regard to the ^T&T decision, at the November 27 city council meeting. He would like to know
why the planning commission cannot hold public hearings on conditional use permits. Melinda
Coleman, director of community development, said she did talk to the city manager about this
and he will be relaying her concern to the city council. Ms. Coleman suggested that the city
council could still hold the public hearing, but that the notices would invite the residents to the
Planning Commission -S-
Minutes of 12-04-95
planning commission meeting. Commissioner Brueggeman mentioned that she earlier had
requested public hearings at the planning commission meeting. Mr. Kopesky felt the presence
and input of the concerned residents would help ~he planning commission make a better-
informed decision. Commissioner Kittridge encouraged the members to communicate their
feelings to a council member or the mayor. Commissioner Brueggeman recommended making a
motion from the planning commission to recommend commission hearings to the council, rather
than individual calls. Commissioner Fischer asked Ms. Brueggeman for clarification on her
position. Commissioner Brueggeman said her concerns were not getting information to the
people, not getting the information as a commissioner, and, therefore, having the commission
look like they are making uneducated decisions.
Ms. Coleman said she suggested to the city manager that he ask the council to consider having
the city council retain the public hearing process, except in conditional use permits and
rezonings. When the initial notification process is started, in addition to a neighborhood survey,
the residents would be told when the planning commission and the city council would hear the
item. The council would still have the public hearing, but the residents would be invited to share
their concerns with the planning commission. The commission decided to await the council's
reaction to Ms. Coleman's suggestion. Commissioner Brueggeman withdrew her motion.
VIII. VISITOR PRESENTATIONS
There were no visitor presentations.
IX. COMMISSION PRESENTATIONS
A. November 27 Council Meeting:
B. December 11 Council Meeting:
C. December 18 Council Meeting:
Mr. Kopesky reported on this meeting.
Mr. Kittridge will attend this meeting.
Mr. Frost will attend this meeting.
STAFF PRESENTATIONS
Ken Roberts, associate planner, handed out a draft of the proposed adult use ordinance to the
commission for them to review before their next meeting.
Xl. ADJOURNMENT
The meeting adjourned at 9:15 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
PROJECT:
DATE:
City Manager
Ken Roberts, Associate Planner
Land Use Plan Change, Conditional Use Permit and Street Vacation
146o Skillman Avenue
Ismaili Muslim Community Church
December 14, 1995
INTRODUCTION
Ms. Val Davis, representing the Ismaili Muslim Community Church, is asking the city to approve:
1. A land use plan change from L (library) to C (church). (See the existing and proposed land
use plan maps on pages 8 and 9 and the church's plan amendment statement on pages 12
and 13.)
2. A conditional use permit (CUP) for a church. Section 36-437(3) of the city code allows the
city council to approve a CUP for a church in any zoning district. (See the church's
conditional use permit statement on pages 14 and 15.)
The church would be in the former Ramsey County Library building at 1460 Skillman Avenue.
(See the map on page 10.) They are now meeting in a building in Saint Anthony. The church
needs to move because the owner of the building they now meet in is going to demolish it.
The church is not proposing any exterior building remodeling or changes now. They may do
some work on the inside to make it fit their needs.
Staff also is proposing the vacation of the Barclay Street right-of-way that crosses the parking lot
on the site.
DISCUSSION
Land Use Plan Change and Conditional Use Permit
The advantage of a church here is that it would create less traffic congestion than an office use
or the former library. The church now has about 35 families in its membership. Thus, I expect
about 35 vehicles on days of church services (mostly on Fridays and Saturdays). According to
the Institute of Traffic Engineers, a 7,000 square-foot (the size of the building) general office
building would generate about 87 vehicle trips per day or 435 trips per week. Before the county
closed the library in 1993, it generated about 2,500 visitors each month or an average of 100
visitors each day it was open.
Off-street parking also is a concern with this proposal. The site plan shows 42 parking spaces on
the property. With up to 35 families in the church, there should be enough parking on site. If the
city approves this request, the council should review the church conditional use permit and the
parking situation one year after approving it. If a parking problem develops, the council could
consider parking restrictions then.
Maplewood should not base its decisions about this church on the religious or cultural views of
the membership. The city should only judge whether a church would be more or less compatible
with the existing and planned land uses than the former library. The proposed church meets the
Maplewood City Code standards for a conditional use permit.
Barclay Street Vacation
Maplewood has no plans to build Barclay Street between Skillman Avenue and the DNR
Gateway Trail. This is because the county had been using this property for the parking for the
library.
RECOMMENDATIONS
Adopt the resolution on page 17. This resolution changes the land use plan for the property
at 1460 Skillman Avenue. This change is from L (library) to C (church). The city should
approve this change because:
1. A church would have less affect on neighborhood traffic than an office building or the
former library.
2. A church would be just as compatible as an office or library with the existing and
planned land uses around this site.
Adopt the resolution on page 18. This resolution approves a conditional use permit for a
church at 1460 Skillman Avenue. The council should approve this resolution based on the
findings required by the city code and with the following conditions:
All construction shall follow the plans the city received on November 15, 1995. The
Director of Community Development may approve minor changes. The city council must
approve a conditional use permit revision for any expansion of the church building or
parking lot.
2. The building must be used for a church within one year of council approval or the permit
shall end. The city council may grant one one-year extension of the permit.
3. Fill any potholes in the parking lot and driveways (code requirement).
4. Sweep and restripe the parking lot to current city code requirements.
5. Remove and clean up any junk or garbage on the property.
6. The church shall keep any outdoor trash or recycling containers in a 100 percent
opaque enclosure, as required by code. The design of the enclosure shall be subject to
staff approval.
7. The city council shall review this permit in one year.
Co
Adopt the resolution on page 20. This resolution vacates the Barclay Street right-of-way
between Skillman Avenue and the DNR Gateway Trail. The city should vacate this street
right-of-way because:
1. It is in the public interest.
2. The city has no plans to build a street in this location.
3. The adjacent properties have street access.
4. The county has been using this right-of-way for a parking lot.
CITIZEN COMMENTS
We asked the surrounding property owners for their opinion of these requests. We sent surveys
to the property owners within 350 feet of the site. Out of 51 properties, we received 23 replies.
Four replies were for the requests, 13 were against, one had comments and five had no
comment.
For
1. It will bring diversity to the neighborhood. (Fiedler - 1446 Belmont Lane)
2. The building will be occupied rather than standing vacant and inviting vandalism. (Kienk -
2004 Barclay Street)
3. The building will be cared for rather than standing empty. (Warner - 2012 Dieter Street)
4. I have no objection to freedom of religion, what ever denomination. (Larson - 2006 Manton)
Against
1. We object to this proposal, not because of the people who wish to buy this, but to Maplewood
for not buying this and tuming the building into something we all could have used. It was bad
enough to lose our library, now you want to put a church there - give us a break. You could
use that building for education reasons, use with the trail, a place for our teenagers or little
kids to go, anything for the neighborhood. (Jelinek - 1427 Skillman Avenue)
2. It may bring crime and drugs into the area. Once they are here, it may be hard to have them
removed. (Steiner- 1431 Skillman Avenue)
3. I do not agree with the beliefs and practices of Muslims. I do not want my children exposed to
the strict practices and degradation of women. (Docken - 1473 Skillman Avenue)
This would not serve the immediate community but would be a burden to the surrounding
residents. It will increase traffic and I also feel there is a security issue for my family with
strangers meeting at a central meeting area that are not a part of this immediate community. I
believe this will have a negative effect on my property value. The owner should use the
property in such a way that would benefit the surrounding neighborhood or use the land for
more residential lots. (Oaks - 1985 Barclay Street)
5. We are paying enough taxes for all these church businesses that are all taking in good money
and paying no taxes. We have enough churches in the area already. Get someone to pay
taxes or turn it over to the DNR as a very much needed resource. (Tauer - 2012 Barclay St.)
6. Parking and noise in the neighborhood. (Monette - 2060 Barclay Street)
7. Churches grow and there would be no where to build an additional parking areas, which would
result in parking on streets. I am against this proposal. I do however feel that a branch of the
library would be an excellent use for this building and would improve our community.
(Tamowski- 1428 Belmont Lane)
4
o
10.
11.
12.
13.
There would not be enough off-street parking, these people are not our neighbors, the
streets are too narrow for parking, do not want the increase in traffic, safety hazard to kids
at the park and state trail. Either use this building for community education or recreation
purposes or just tear it down and let some one build a house on the property - this is a
residential neighborhood and it should stay that way.
There are not enough parking spaces to accommodate 30-37 cars. The streets are too
narrow for on-street parking. I do not believe that the full-time neighbors should have to pay
to widen the streets for people who do not live in the neighborhood. With the state trail and
the park so close, why can't this building be used for some park-related or recreation-
related activities.
If this cannot happen, please consider demolishing the building and zoning it residential so
we can maintain the neighborhood property values and 'feel' or being some place whose
families would like to live. We oppose any use of this building that is not geared to serving
the people who live in the area. (Johnson - 1432 Belmont Lane)
The increased traffic, parking and future construction/expansion of site, safety of children
and trail users. Have no future exterior construction/expansion, leave natural grass areas
and shrubs, no expanded or on-street parking, have major access on Manton Street,
discourage the use of Barclay and Birmingham Streets, 30 cars maximum in the lot. What
are the times and days when the church will be used, why purchase versus rent, why do
they want to move from Saint Anthony to Maplewood? (Eggert - 1452 Belmont Lane)
No tax base is generated to the city, unpredicted use present and future. (Sauro - 2051
Hazelwood)
We already have too much tax exempt property that gives no jobs. (Rovie - 2013 Dieter St.)
The building should be put on the tax rolls. Road access is limited by residential streets.
Space is not available for future development if the congregation grows beyond it's existing
size. Are they paying a fair pdce, or is the county cutting them a special deal? (Ristow -
2019 Dieter Street)
This is an instant $20,000 decrease in the value of my property. Put them in your
neighborhood - not mine - Selby Dale - Payne Avenue - Arcade Street, Manton Street next.
I am moving out of here if they move in. I proposed last time this would have been a good
rest stop for the DNR trail but I see North Saint Paul jumped ahead and built one.
Otherwise any business except drugs. (Rasmussen - 1996 Manton Street)
Miscellaneous Comment
Could be some money we could use in the city. Being a church, we would derive no taxes
from them. I am on the fence as of now. I hope to hear more. (Casci - 2018 Dieter Street)
REFERENCE
SITE DESCRIPTION
Site size: 1.5 acres (65,773 square feet)
Existing land use: A vacant 7,000 square-foot former public library and parking lot
SURROUNDING LAND USES
North:
East:
South:
West:
Houses across Skillman Avenue
Houses across the DNR Gateway Trail
Houses across the DNR Gateway Trail
Robinhood Park across Manton Street
PLANNING
Criteria for CUP Approval
Section 36-442 of the Maplewood City Code gives nine standards for approving a conditional use
permit. (Refer to the standards in the resolution on page 18.)
Parking Requirements
The City Code requires one parking space for every four seats in a church. The church has not
submitted any proposed floor plans for the building.
LEGAL
For vacations, Chapter 412.851 of Minnesota State law states that 'No such vacation shall be
made unless it appears in the interest of the public to do so...'
kr:p:Sec15/1460Skll.mem
Attachments:
1. Location Map
2. Exisl~ng Land Use Plan Map
3. Proposed Land Use Plan Map
4. Property Une/Zoning Map
5. Site Plan
6. 12-5-95 Plan Amendment Statement
7. 10-23-95 Conditional Use Permit Statement
8. July 7, 1995 letter from Saint Anthony
9. Land Use Plan Change Resolution
10. Cond~onal Use Permit Resolution
11. Street Vacation Resolution
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Attachment 5
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SITE PLAN
11
Attachment 6
Parranto & Davis
ATrORNEYS AT LAW
1538 WHITE BEAR AVE.
SUITE 204
ST. PAUL, MN 55106
(612) 774-7278
FAX (612) 774-8942
VAL PARRANTO DAVIS
GARY L. DAVIS
December 5, 1995
Mr. Ken Roberts
City of Maplewood
1830 E. County Road B
Maplewood, MN 55109
Dear Mr. Robert. s:
Please be advised that the undersigned represents The Intercommunity Charitable Trust
in the matter of their purchase of the property at 1460 Skillman Avenue East (formerly the
Maplewood Library) from the County of Ramsey for purposes of use as a Church. As you are
aware my clients have already applied to the City of Maplewood for a Conditional Use Permit and
that in accordance with the City of Uaplewood's Zoning Ordinances, the use of the premises as a
Church is a specifically permitted use under Maplewood's current zoning plan. It is my
understanding that since the commencement of this application process it has been determined by
the City of Maplewood that the City will require my clients to apply for a Comprehensive Plan
Ammendment as well. As this new application requires of my clients much the same information as
was required in the first application I submit that in order to avoid duplication we refer to material,
information and exhibits produced eadier as part of the C.U.P. application.
If the City is in need of a Site Plan or Architects Drawings plese see Exhibit No. 1 which
was produced for the C.U.P. application, County's Design Documents, Site Plan and Architects
Drawings.
As with any Church, the facility will not be in constant use, but will have its highest use
during religious holidays. Even at that time, this congregation consists of only 30-37 families and
most of them would have to travel great distances to attend worship services as it now stands.
My clients would maintain and eventually improve the property. It is their intention to be
good neighbors and good citizens of the City of Maplewood. Their most recent prior landlord,
Saint Anthony Village, is sorry to see them leave (See Exhibit 4 / C.U.P. ), but since the building my
clients rented is being razed there is no choice but for them to move and they see Maplewood as a
fine community for their relocation.
12
We have written to all of the named property owners (See Exhibit 3/C.U.P.) cited in the
radial search provided to us by Bettendorf Abstracting (See Exhibit 2/C.U.P.). In conversation with
those neighbors who have responded to our salutations, my clients' relocation into the
neighborhood is apparently seen as a positive addition. It is my undrstanding that those who
responded to the City's questionaire have in some cases been negative in their appraisal of my
client's purchase and have given some racially biased or other inappropriate responses. Naturally
my client will expect that the City would not condone such sentiment in its consideration of my
clients applications.
The use of this facility as a Church will be located, designed, maintained, and operated in
conformity with the City's requirements and Code of Ordinances. It will not change the existing
character of the surrounding area. In fact, such use typically results in higher property values and
in any event does not depreciate property values. (See Exhibit 5 / C.U.P.; Information about
property values to homeowners whose property is near a Church or similar facility as provided by
Mike Zoff, Edina Realty).
Naturally, the Church would not be involved in, or use the premises for any activity or
process or use any materials, equipment, or methods of operation that might be deemed
hazardous, detrimental, disturbing or cause a nuisance to any person or property due to excessive
noise, glare, smoke, dust, odor, fumes, water or air polluton, drainage run-off, vibration, general
unsightliness, electrical interference, or other nuisances.
As regards vehicular traffic, the most cars ever generated at this congregation's functions
is in the range of 30-37 cars. There is a parking lot on the property which will be more than
adequate to meet the needs of my client without causing any vehicular traffic congestion or any
unsafe conditions on local streets. (See Exhibit 11C.U.P.).
Since this is an existng building most recently used as a Public Library which is a
'Community Use' building and somewhat similar in use to that which my clients anticipate, it is
assumed that the City is Currently providing adequate public facilities and services, including
streets, fire and police protection, drainage structures, water and sewer systems, schools and
parks. The use of the premises as a Church as opposed to a Library would not increase the cost
of said public facilities or services. In fact it likely that there will be less use and therefore less
strain on the facilities when used as a Church than there was when used as a Public Library since
the Church use would not be as constant as the library, but would be used on days of worship ( i.e.
weekends ) and not every day.
If you have any questions regarding this application or this letter, please call
Val Parranto Davis of Parranto & Davis Attorneys.
Yours truly,
Val Parranto Davis
VPD/pI/95-066
13
Attachment 7
Parrattto & Davis
ATTORNEYS AT LAW
153g WHITE BEAR AVE.
SUITE 204
fiT. PAUL, MN 55106
(612) 774-7278
FAX (612) 774-8942
VAL PARRANTO DAVIS
GARY L. DAVIS
October 23, 1995
Mr. Ken Roberts or
Mr. Tom Eckstrand
City of Maplewood
1830 E. County Road B
Maplewood, MN 55109
Dear Messers. Roberts and Eckstrand:
Please be advised that the undersigned represents The Intercommunity Charitable Trust
in the matter of their purchase of the property at 1460 Skillman Avenue East (formerly the
Maplewood Library) from the County of Ramsey for purposes of use as a Church. It is my
understanding that the City of Maplewood will require my clients to apply for a Conditional Use
Permit and that in accordance with the City of Maplewood's Zoning Ordinances, the use of the
premises as a Church is a specifically permitted use under Maplewood's current zoning plan.
It is not my client's intention to do any serious remodeling or other construction at this time.
The only immediately anticipated changes to the premise's current condition and design would be
essentially cosmetic in nature or in the nature of maintenance or repair. Some examples would
include painting in the interior, repair of the kitchen/bath facilities to better accommodate the
congregation's needs and provision of a dividing mechanism in the largest room in the facility since
this is a very small congregation and they do not need a room of its size. (See Exhibit No. 1)
As with any Church, the facility will not be in constant use, but will have its highest use
during religious holidays. Even at that time, this congregation consists of only 30-37 families and
most of them would have to travel great distances to attend worship services.
My clients would maintain and eventually improve the property. It is their intenfion to be
good neighbors and good citizens of the City of Maplewood. Their most recent prior landlord,
Saint Anthony Village, is sorry to see them leave (See Exhibit 4), but since the building my clients
rented is being razed there is no choice but for them to move and they see Maplewood as a fine
community for their relocation.
14
We have written to all of the named property owners (See Exhibit 3) cited in the radial
search provided to us by Bel~endorf Abstracting (See Exhibit 2). In conversation with those
neighbors who have responded to our salutations, my clients' relocation into the neighborhood is
apparently seen as a positive addition.
The use of this facility as a Chumh will be located, designed, maintained, and operated in
conformity with the City's comprehensive plan and Code of Ordinances. It will not change the
existing character of the surrounding area. In fact, such use typically results in higher property
values and in any event does not depreciate property values. (See Exhibit 5).
Naturally, the Church would not be involved in, or use the premises for any activity or
process or use any materials, equipment, or methods of operation that might be deemed
hazardous, detrimental, disturbing or cause a nuisance to any person or property due to excessive
noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage run-off, vibration, general
unsightliness, electrical intederence, or other nuisances.
As regards vehicular traffic, the most cars ever generated at this congregation's functions
is in the range of 30-37 cars. There is a parking lot on the property which will be more than
adequate to meet the needs of my client without causing any vehicular traflc congestion or any
unsafe conditions on local streets. (See Exhibit 1).
Since this is an existing building most recently used as a Public Library which is a
'Community Use' building and somewhat similar in use to that which my clients anticipate, it is
assumed that the City is currently providing adequate public facilities and services, including
streets, fire and police protection, drainage structures, water and sewer systems, schools and
parks. The use of the premises as a Church as opposed to a Library would not increase the cost
of said public facilities or services.
This use will incorporate and preserve the sites natural and scenic features into its future
development design if and when any new construction is anticipated. In anY event, the premises
used as a Church does not now and will not in the future cause adverse environmental effects.
If you have any questions regarding this application or this letter, please call
Val Parranto Davis of Parranto & Davis Attorneys.
Yours ~uly,
Val Parranto Davis
VPD/pl/95-066
E' aint thonv
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
Attachment 8
July 6, 1995
To Whom It May Concern: .
The City of St. Anthony has been renting space for the worship services of the AGA Kahn
Church for many years.
They are prompt with their rent, take excellent care of the space they rent and are very good
tenants.
If the City of St. Anthony were to build rental space in our new City Hall we would not hesitate
to rent to AGA Kahn Church.
If you have any questions, please call me.
Thank y~u,
m
Public Works Director
16
Attachment 9
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Ms. Val [~vis (for the Ismaili Muslim Community Church) applied for a change to
the City's land use plan from L (library) to C (church).
WHEREAS, this change applies to the property at 1460 Skillman Avenue.
VVHEREAS, the history of this change is as follows:
The planning commission held a public hearing on January 2, 1996. The city staff published
a hearing notice in the Maplewood Review and sent notices to the surrounding property
owners. The planning commission gave everyone at the hearing a chance to speak and
present written statements. The planning commission recommended that the city council
approve the plan amendment.
2. The city council discussed the plan amendment on January 22, 1996. They considered
reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
change for the following reasons:
1. A church would have less affect on neighborhood traffic than an office building or the
former library.
2. A church would be just as compatible as an office or library with the existing and planned
land uses around this site.
The Maplewood City Council adopted this resolution on January 22, 1996.
]?
Attachment 10
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ms. Val Davis (for the Ismaili Muslim Community Church) applied for a conditional
use permit to open a church.
WHEREAS, this permit applies to 1460 Skillman Avenue. The legal description is:
Blocks 28 and 29, Gladstone Plat 2, Ramsey County, Minnesota.
WHEREAS, the history of this conditional use permit is as follows:
1. On January 2, 1996, the planning commission recommended that the city council approve
this permit.
2. The city council held a public hearing on January 22, 1996. The city staff published a notice
in the paper and sent notices to the surrounding property owners. The council gave
everyone at the hearing a chance to speak and present written statements. The council
also considered reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,
water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets. -
The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
The use would not create excessive additional costs for public facilities or services.
The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
]8
Approval is subject to the following conditions:
1. All construction shall fo#ow the plans the city received on November 15, 1995. The director
of community development may approve minor changes. The city council must approve a
=:~nditional use permit revision for any expansion of the church building or parking lot.
2. The building must be used for a church within one year of council approval or the permit
shall end. The city council may grant one one-year extension of the permit.
Fill any potholes in the parking lot and driveways (code requirement).
8weep and restripe the parking lot to current city code requirements.
Remove and clean up any junk or garbage on the property.
The church shall keep any outdoor trash or recycling containers in a 100 percent opaque
enclosure, as required by city code. The design of the enclosure shall be subject to staff
spproval.
The city council shall review this permit in one year.
4.
5.
6.
The Maplewood City Council adopted this resolution on January 22, 1996.
Attachment 11
STREET VACATION RESOLUTION
WHEREAS, community development director applied for the vacation of the following-
described street:
The Barclay Street right-of-way between the south right-of-line of Skillman Avenue and the
south property line of Blocks 28 and 29, Gladstone Plat 2 or the north property line of the DNR
Gateway Trail in Section 15, Township 29, Range 22 in Ramsey County Minnesota.
WHEREAS, the history of this vacation is as follows:
On January 2, 1996, the planning commission recommended that the city council
approve this vacation.
On January 22, 1996, the city council held a public hearing. The city staff published a
notice in the Maplewood Review and sent a notice to the abutting property owners.
The council gave everyone at the hearing a chance to speak and present written
statements. The council also considered reports and recommendations from the city
staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the properly will go to the
following abutting properties:
Blocks 28 and 29, Gladstone Plat 2, Ramsey County, Minnesota
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacations for the following reasons:
2.
3.
4.
It is in the public interest.
The city has no plans to build a street in this location.
The adjacent properties have street access.
The county has been using this right-of-way for a parking lot.
The Maplewood City Council adopted this resolution on
,1996.
20
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
City Manager
Ken Roberts, Associate Planner
Shoreland Ordinance
December 21, 1995
INTRODUCTION
The Minnesota Department of Natural Resources (DNR) is requiring Maplewood to revise its
shoreland ordinance.
BACKGROUND
On January 24, 1983, the city council adopted the shoreland ordinance. It created shoreland
overlay districts around DNR designated public waters. The regulations in shoreland districts are
more restrictive than for land outside the shoreland districts.
On July 11, 1988, the council approved a change to the shoreland ordinance. This change
exempted nonwater-frontage developments that would not be visible from the lake from the
height and density limitations. A developer requested this change for a senior housing project.
The developer had planned but never built the project on the Beaver Lake Lutheran Church
property.
On September 26, 1994, the council gave first reading to an ordinance revising the shoreland
ordinance. Staff then sent the draft ordinance to the DNR for their approval.
On December 15, 1995, the city received a letter from the DNR conditionally approving the
proposed shoreland ordinance. They are, however, requiring several minor changes to the
proposed ordinance.
DISCUSSION
We based the proposed ordinance on a model ordinance written by the DNR. Some of the DNR's
standards apply to · city's subdivision regulations, some to the general zoning ordinance end
some to other sections of the city code, such as water systems or sewers. We have
consequently changed the DNR's model ordinance to fit Maplewood's code. The DNR is requiring
the city to make some minor changes to the draft ordinance. These are mostly technical and
statue citation changes. I have included all the necessary changes in the attached ordinance.
The nonshoraland sections of the ordinance describe the changes from current regulations. The
new ordinance starts on page 3 and the Shoreland Ordinance starts on page 11. Page 31 is the
start of the old ordinance. As written, the new ordinance creates the following major changes
from the current regulations:
1. After December 31, 1995, the city cannot issue a building permit for a new principal
structure, bedroom or bathroom if a nonconforming sewage treatment system is on the
property. (Section 2, page 3)
o
o
10.
11.
12.
13.
I am
Minimum lot areas would not include wetlands. The current ordinance only exempts storm
water ponds. (Section 7, page 5)
The definition of planned unit development (PUD) would require at least five dwelling units
instead of a minimum of five acres. (page 7)
Nonconforming lots could be built on and nonconforming buildings could be expanded with
certain conditions. (Section 17, page 9)
For each class of water, Section 36-566(a) (pages 14-20) creates separate standards for
single, two-unit, three-unit and four-unit buildings. The current standards have only two
classifications-single dwellings and multiple dwellings. The city must approve all buildings
with more than four units as a planned unit development.
Section 36-566(a)(4) (page 19) adds lot width and setback standards for the two creeks.
Section 36-566(b)(2) (page 21) adds special standards for double, three-unit and four-unit
buildings around natural environment lakes.
Section 36-566(b)(3) (pages 21 and 22) creates standards for public access lots and access
lots used by surrounding neighbors.
Section 36-566(c) (pages 22-23) adds standards for the placement, design and height of
structures.
Section 36-570 (page 26 ) adds special standards for nonresidential uses.
Section 36-571 (page 27) adds standards for conditional use permits in shorelands.
Section 36-572 (page 27) adds standards for expanding or adding decks to nonconforming
structures.
Section 36-574 (pages 28-30) adds standards for planned unit developments.
submitting this revised draft to the planning commission and city council for second reading.
RECOMMENDATION
Approve the attached shoreland ordinance.
p/ord/shore5.mem
Attachments:
1. Proposed Shoreland Ordinance
2. Existing Shoreland Ordinance
2
Attachment 1
ORDINANCE NO.
AN ORDINANCE REVISING ARTICLE IX, SHORELANO OVERLAY DISTRICT AND
OTHER RELATED SECTIONS OF THE CODE
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
SECTION 1. This section changes Section 28-76 as follows: (I underlined the additions and
crossed out the deletions.)
Sec. 28-76. Individua! On-Site sewage treatment systems-Conformance to state standards.
The owner or developer must use the city sewer system where available. Where the city
en,qin=c.,r decides that a municipal sewer is not available, any use producing sewage shall .lave
an individual sewage treatment system. A sewage treatment system means a septic tank and
soil abso~tion system or other individual or cluster type sewage treatn~ent system. The city
requires a permit to install or alter a sewage treatment system. All individual sewa;le treat~,ent
systems must meet or exc=cd the Minnesota Pollution Control Agenc-,/s standards. These
standards are in the document titled Ulndividual Sewage Treatment Systems Standards, Chapter
7080". The owner or builder shall provide sufficient soil borings and percolation tests so the city
can decide a site's suitabili for an individual sewa e treatment s stem. '" "~ '"" '"""'
le?..)
SECTION 2. This section adds a new Section 28-78 as follows:
Sec. 28-78. Nonconforming individual sewage treatment systems.
(a) After December 31, 1995, the city shall not issue a building permit for a new principal
structure or for the addition of a bedroom or bathroom, unless any nonconforming sewage
treatment system on the property meets current standards. The city shall not consider a sewage
treatment system nonconforming if the only deficiency is the setback of the sewage treatment
system from the ordinary high water level of a lake or creek.
(b) The owner of any nonconforming sewage treatment system the city determines to be a
public nuisance shall bring the system into conformance or stop using the system within thirty
(30) days of receiving written notice from the city.
SECTION 3. This section changes the following definitions in Section 30-2 as follows: (I
underlined the additions and crossed out the deletions.)
Lot means a parcel of land described separately from other parcels of land by a plat. metes_
and bounds, re;iistered land survey, auditor's plat or other accepted means. The lot descriptiun
3
must be recorded by Ramsey County. ' '-' ;- .......,=..., ,,, .... k,....;,.. ..... ,r. ...... . , ..,~ ,.,,.,
Lot area means the area of a lot, excluding drainage easements, wetlands and land below thc
ordinary hiah water mark of public waters.
Lot division means the division of a property by metes and bounds description.
Public waters means any waters as defined in Minnesota Statutes, Section 103F.005
Subdivisions 15 and 16.
Subdivision means the separation of an area, parcel or tract of land into two or more parcels,
tracts, lots or long-term leasehold interests for sale, rent or lease, ,::h~.~ !h= ".-'~-=!!cn cf thc
..................'" , "'----..-. -. --.. . ..· ...................... , except those separations:
(a)
Where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger
imsiz-e and five hundred (500) feet in width for residential uses and five (5) acres or larger
~ for all other ......... d_. '-'--' ;.--'..,,,-;-, uses;
(b) Creating cemetery lots;
(c)
Resulting from court orders "- '~.-. "dj '-'-'---* ,-~ -, "" ';"~ k,, 'h= "*f"""';"" "~ .......
Wetland means a surface water feature classified as a wetland in the United States Fish an~
Wildlife Service Circular No. 39 (1971 edition) or Minnesota Rules Part 8420.0110, Subd. 52
SECTION 4. This section adds a new Subsection 30-3(d) as follows:
~ The city shall not approve a subdivision where the owner or developer would later need
variance to use the lots for their intended purpose
SECTION 5. This section changes Subsection 30-5(a) as follows: (I underlined the
additions.)
(a) Before dividing any tract of land into (4) or more lots, a subdivider shall submit a
preliminary plat application to the director of community development. The director of community
development shall determine the necessary application requirements and state them on a written
form to be made available to the public at his or her office. These requirements shall apply to
plats and lot divisions. The director may waive any requirements that do not apply to th~
proposed subdivision.
SECTION 6. This section adds a new Subpart 30-8(e)(3) (Minimum subdivision design
standards-Easements) as follows:
Wetland easements. The city may require a wetland easement over and beyond a wetland.
The wetland easement shall prohibit any structures, mowin.q, cuttinm filling or dumpin,7
4
within the easement. The city shall decide the e=__<ement's =i,~. based on information from
the watershed district and the wetland's quality, the amount and quality of surrounding
habitat, the site's building restraints. The city may require a developer to place signs uround
the easement boundary. These signs shall identify the easement's boundary and
restrictions.
SECTION 7. This section adds a new Subpart 30-8(f)(7) (Minimum subdivision design
standards-Lots) as follows: (I have underlined the additions and crossed out the deletions.)
(7)
Lot areas. ~A,.,~.~ ..... , -,- ; H ........
-,,~:~ '- "~;-~ Minimum lot a~as shall not in~ude public water, wetlands or d~inage
easements for sto~ water ponds. Lots in a sho~land overlay distd~ must meet the
shoreland regulations in Chapter ~, A~i~e IX..
SECTION 8. This section deletes Subpart 30-8(f)(10) (Minimum subdivision design
stsndards-Lots) as follows: (I have underlined the additions and crossed out the deletions.)
SECTION 9. This section adds a new Subpart 30-8(f)(13) (Minimum subdivision design
standards-Lots) as follows:
(13) Where the city engineer decides that city sanitary sewer service is not available, all new
subdivided lots shall have usable space for an individual sewage treatment system and
additional usable space to add a second drainfield.
SECTION 10. This section changes Section 30-15(a) (Lot divisions) as follows: (I
underlined the additions and crossed out the deletions.)
A lot division shall not result in the creation of more than three lots. ="' "~ ;'-'.~:::: ''~
(a) .........
SECTION 11. This section changes Section 30-15(d) (Lot Divisions) as follows:
(I have underlined the additions and crossed out the deletions.)
(d) The city shall not approve more than three new lots from a parcel or tract ~
.~;..:.;,.., - .~ .~ .., ..... k ...bj~ 'c' ""'" k ..... ;'~'~ in any single calendar year.
........ -~.~' ::*':- .... .. :..
SECTION 12. This section adds at new Section 35-5 as follows:
Sec. 35-5. Water Quality Standards.
Any public or pdvate supply of water for domestic purposes must m==t or excc=d the wate,
quality standards of the Minnesota Department of Health and the Minnesota Pollution Control
AQencv.
SECTION 13. This section changes Section 36-1 as follows: (I underlined the additions and
crossed out the deletions.)
Sec. 36-1. Short title and administration.
This chapter shall be known =.-:._~ .... ,-~ .-;,~-'
.... , ......as "The Maplewood Zoning Ordinance." The
director of community development shall administer this chapter~
SECTION 14. This section changes Section 36-4 as follows: (I have underlined the additions
and crossed out the deletions.)
Sec. 36-4. Interpretation; controlling provisions.
'".';'..*'n; '.;;,, .-;
......... 'J~ ..... The provisions of this chapter,-they shall be interpreted to
provide held-re the minimum requirements for the flremetie~ef.4he public health, safety, comfort,
convenience and general welfare. Where any fl~e provisions of this chapter ...conflict with any
other, the most restrictive requirement shall apply. ~m;'-=
. . · ......... r- ..........
SECTION 15. This section adds and deletes the following definitions to Section 36-6
(definitions): (I have underlined the additions and crossed out the deletions.)
Commercial use: A principal use of land or buildings for the sale, lease, rental or trade or
products, aoods or services
Building line: The line parallel to the street line at a distance therefrom equal to the depth of
the front yard required for the distdct in which the lot is located. For a lot fronting on a public,
water, the building line shall include a line parallel to the ordina~ high water level at the require,'
..setback therefrom.
.Deck: A horizontal, unenclosed platform with or without attached railings, seats, trellises o,
,other features that is attached or functionally related to a principal use.
Dwelling site: A designated location for residential use, including temporary or movable shelte,
such as camping and recreational vehicle sites.
DwellinQ unit: Any structure or portion of a structure that is designed as short- or long-term
livin¢; quarters, including motel units, hotel units or ce_bins.
Height of building: The vertical distance between a building's highest adioining ground level or
ten feet above the building's lowest ground level, whichever is lower, and the hi~lhest point of a
fiat roof or the average height of the highest gable of a pitched or hipped roof. A ,...;,.,....,.
___-.,- ....__.. ,,.. k....~..~.+ ....~, ...... , .... · ~* .-~ --- -.-.-~. .... · '-'--~ "~' Height of building shall not
include chimneys, spires, towers, roof-top mechanical equipment, elevator penthouses, tanks or
proj ............ ~ ........................ .,
Industrial use: The use of land or buildings to produce, manufacture, store or transfer goods.
products, commodities or other items.
Lot: A parcel of land described _~eperately from other parcels of land by a plat, metes and
bounds, registered land survey, auditor's plat or other accepted means. Ramsey County must
record the lot description.
Lot area: The area of a lot, excluding drainage easements, wetlands and land below the
ordinary high water mark of public waters.
Mining: The surface or subsurface removal of sand, gravel, rock, industrial minerals, other
nonmetallic minerals and peat not regulated under Minnesota Statutes.
Planned unit development (PUD): A type of development characterized by a unified site
design, with two (2) or more principal uses or structures. A PUD may include town houses,
apartments, multiple use structures (such as an apartment with commercial shops), or similar
proiects. Residential PUD's must have at least five dwelling units or dwelling sites.
Residential planned unit development: A residential use that is nontransient, and the primary
focus of the development is not service-oriented. For example, residential apartments,
manufactured home parks, residential condominiums, town houses, cooperatives, single-dwelling
homes and multiple dwellings would meet this definition.
Semipublic use: The use of land by a private, nonprofit organization to provide a public service
that is ordinarily open to persons outside the regular constituency of the organization.
Setback: The minimum horizontal distance between any part of a structure, sewage treatment
system or other facility and an ordinary high water level, sewage treatment system, top of a bluff,
property line or another structure. Setbec.-ks shall not include eaves, guffers, cornices, steps,
chimneys or fireplaces proiecting not more than two feet from the principal structure.
7
Sewage treatment system: A septic tank and soil absorption system or other individual or
cluster-type sewage treatment system.
Structure: Any building or appurtenance constructed or built on the ground or attached to the
ground. This does not include aerial or underground utility lines, such as sewer, electric,
telephone, tele.ara=h, gas lines, towers, poles or other supporting facilities
Subdivision: The separation of an area, parcel or tract of land into two or more parcels, tracts,
lots or long-term leasehold interests for sale, rent or lease, except those separations'
Where all the resulting parcels1 tracts, lots or interests will be twenty acres or larger and
500 feet in width for residential uses and five acres or larger for all other uses;
Creating cemetery lots;
.(~ Resulting from court orders.
Variance: The same as defined in Minnesota Statutes, Chapter 462
SECTION 16. This section changes Section 36-8 as follows: (I underlined the additions and
crossed out the deletions.)
Sec. 36-8. Violations.
Any violation of this article (including violations of conditions established concerning variance~
or conditional use permits) shall be a misdemeanor and shall be punishable as defined by law.
Violations of this article can occur whether the city or state requires a permit for a regulated
activ Any ........ ~.,,, ~,.,.,, ..;..,-, .... , ,k. ..; · ,,,,, ,k;~ ,.~,..,.,~..k.~,, k .... ;,,,, ,,~
m!zd=m...-'-r,c; :nd =="..h Each day that any violation continues is a separate violation.
SECTION 17. This section changes Subsection 36-17(h) and adds a new Subsection 36-
17(i) as follows: (I have underlined the additions and crossed out the deletions.)
~ A property owner or developer may expand a nonconforming structure or parking lot if the
structure or parking lot meets the followintq conditions:
(1) The zoning regulations permit the use. Th= k.._.._...=,.~....;. ._; ..... ._...-" ..... ,-.-,--.'~".,
(2)
The expansion would m==t the minimum setbacks required by this chapter or the
setbacks of the existing structure, whichever is less. The expansion shall not exceed
the maximum height required by this chapter or the existing height, whichever is
taller. To deviate from these requirements, the city may approve a conditional uae
permit, subiect to the standards in the City Code. Th:_-..-...,,k";"~; ........... ..__ _ ~..._........~,-..--;.-.-
.,. ,,.~ ..... .~... ,,, ,k. ._~.,,,. .... ?..=;;~.~. .... ~ ,%.,; ..... k,.. ....... ,.oa ~ ....., .... 4,~._, 4-,an)..-.
(3)
The minimum setback from the ordinary high water level in a shoreland distdct would
be at !e~st the average setback of adiacent residential structures or fifty (50) feet.
whichever is nreater. ~" p' ""~,' ............... ~ .--'-- q .........
..... CCC. .... .~.~.,-'~..k,~ k,,;~.4: .... .4... ~:~ .......... -.--
(4) All portions of said structure would be am on the applicant's property.
(5) Runoff from the overhang of ~dd-et~tu~=e addition would is not adversely affectL-.;
an adjacent property.
~ The city shall allow construction on nonconforming lots that do not meet the lot size,
width, frontage or depth requirements if the lots meet the following requirements:
Since becoming substandard, the lots have always been in separate ownership from
~lands.
The lots wsre of record in the county recorder's office on the date of enactment of
this article.
There is no evidence that the lots did not meet the official controls in effect when the
city approved the lots.
(4) Any sewage treatment system meets the requirements of this code.
The zonin¢~ rec~ulations would permit the use.
SECTION 18. This section adds a new Section 36-18 as follows:
Sec. 36-18. Variances.
The city may grant variances to the requirements of this chapter. All variances must follow the
provisions of Minnesota Statutes, Chapter 462. The city may approve administrative variances
according to Article VI of this chapter.
9
SECTION 19. This section changes the title to Subsection 36-438 and Subsection 36-
438(a) as follows: (I crossed out the deletions.)
Sec. 36-438. Planned unit developments generally; ~ purpose and intent,
requirements.
----~-- ~. --~.--~-..v. v,. -- --.,.~.v p.--,w, ....... _. _~ .~__. ,..v - A rNI lin *~, ;.~l~ ~,,1~
be divided unless the densi~ dist~bution approved in the PVD is ensued.
SECTION 20. This section adds the following subsections to Section 36-438 (PUD's):
(d) Common open space. The developer shall provide dccd restrictions, covenants,
easements, public dedication or other equally effective and permanent means to pm,~-rve ami
maintain any common open space. The instruments must include all the following ~)~)~'~ction:
1_. Except routine maintenance, the city must approve the alteration of any vel:letation o,
topoc~raphy that is visible from a public water.
2_.. Prohibit the extedor storat:le of vehicles or other materials. StoraRe shall not include
.routine vehicle parking or the temporary storage of materials for an onl:loin¢~
construction project.
3_. If on a public water, prohibit the uncontrolled beachinR of watercraft.
(e) Owners' association. All planned unit developments with common open space must haw~.
an owners' association with the followinR features'
1. Each lot owner must be a member
2. Each member must pay a pro rata share of the association's expenses, and unpaid
association assessments can become liens on units or sites.
3~ .Association assessments must be adjustable to adapt to chanRing conditions.
4...~ The association must be responsible for insurance, taxes and maintenance of all
commonly-owned property and facilities.
(f) The city shall desiAnate PUD's on the official Maplewood zoninl:l map.
10
SECTION 21. This section replaces the wording in Article IX of Chapter 36 with the
following wording:
ARTICLE IX. SHORELAND OVERLAY DISTRICT
Sec. 36-56t. Authorization, purpose and objectives.
(a) Authorization. State Statutes and regulations authorize Article IX. The specific sources
are Minnesota Statutes, Chapter 105 (Division of Waters, Soils and Minerals); Minnesota
Regulations, Parts 6120.2500-6120.3900 and Minnesota Statutes, Chapter 462 (the planning
and zoning enabling legislation).
(b) Purpose and objectives. The purpose of this article is to provide specific regulations to
protect the city's shorelands. It is in the public's best interest to provide for the wise subdivision,
use and development of shorelands. To accomplish this purpose, Article IX has the following
objectives:
(1) Protect, preserve and enhance the quality of surface waters.
(2) Protect the natural environment and visual appeal of shorelands.
(3) Protect the general health, safety and welfare of city residents.
Sec. 36-562. Definitions.
The following words shall have the following meanings:
Average lot area: The average of the lot areas within a single development. All lots must be
divided together to be included in the average lot area. For a single lot, the minimum allowable
area shall be no less than the average lot area requirement.
Bluff: A topographic feature such as a hill, cliff or embankment having all of the following
characteristics (land with an average slope of less than 18 percent for 50 feet or more shall not
be considered part of the bluff):
(1) Part or all of the feature is in a shoreland;
(2) The slope rises at least 25 feet above the ordinary high water level;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater;, and
(4) The slope must drain toward a public water.
Bluff impact zone: A bluff and land that is within twenty feet of the top of a bluff.
Boathouse: A structure designed and used solely for the storage of boats or boating
equipment.
Commissioner. The Commissioner of the Department of Natural Resources or his or her
representative.
11
Intensive vegetation clearing: The complete removal of trees or shrubs in a specific patch,
strip, row or block.
Nonpoint source pollutant: A contaminant that enters water by washing off the land or seeping
into ground water, which alters the physical, chemical or biological properties of water or the
discharge into water of any substance that may create a nuisance or make such water
detrimental or harm the public health, safety or welfare.
Ordinary high water level: The boundary of public waters. For lakes, this boundary shall be at
an elevation delineating the highest water level that has existed for a sufficient time to leave
evidence upon the landscape. This evidence is commonly that point where the natural vegetation
changes from predominantly aquatic to predominantly terrestrial. For creeks, the ordinary high
water level shall be the elevation of the top of the bank of the channel.
Public waters: Any waters as defined in Minnesota Statutes, Section 105.37, Subdivisions 14
and 15.
Regional flood: A flood that represents the large floods known to have occurred in Minnesota.
Such a flood is characteristic of what a person can expect to occur about once every one
hundred (100) years.
Shore impact zone: The land between the ordinary high water level and a line parallel to it at a
setback of 50 percent of the structure setback.
Shoreland: Land that is within the shoreland overlay distdct on the city's zoning maps.
Shoreline: The boundary of a public water.
Steep slope: Land having average slopes over twelve (12) percent, as measured over
horizontal distances of fifty (50) feet or more, that are not bluffs.
Surface water-oriented use: The use of land where access to and use of a lake is an integral
part of the normal use. Marinas, resorts and restaurants with transient docking facilities are
examples of such a use.
Toe of the bluff: The lower point of a fifty (50)-foot land segment with an average slope
exceeding eighteen (18) percent.
Top of the bluff: The higher point of a fifty (50)-foot land segment with an average slope
exceeding eighteen (18) percent.
Urban runoff: Storm water that flows over land or through a manufactured drainage system.
Water-oriented accessory structure: A small, above-ground building or other improvement that
the owner needs to locate closer to public waters than the normal structure setback. Such a
setback would be because of the relationship of its use to a surface water feature. Examples of
such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump
houses or freestanding decks. The definition of water-oriented accessory structures or facilities
shall not include stairways, fences, docks or retaining walls.
12
Wetland: A surface water feature as defined in Chapter 103g of State Statute (The Wetland
Conservation Act).
Sec. 36-563. Shomland Overlay Districts.
(a) Maplewood hereby Creates a shoreland overlay district, with its attendant regulations, as
part of the zoning ordinance. This district shall overlay existing zoning districts, so that any paroel
of land lying in the overlay district also shall lie in one or more of the underlying zoning districts.
(b) Within the overlay district, the city shall permit all uses allowed by the underlying zoning
district(s), if the proposed uses meet the additional requirements in this Article.
(c) Article IX shall only apply to the shoraland districts on the official zoning maps. These
maps shall be on file in the office of the director of community development. The city has
classified the affected waters in Section 36-565.
(d) The city staff may reduce the limits of a shoreland on the zoning map whenever the
commissioner decides that a public water has topographic divides that are closer to the public
water than the shoreland boundary on the zoning map.
Sec. 36-564. Notifications to the oommissioner.
(a) The city shall send public hearing notices for amendments, subdivisions, plats, variances
or conditional uses under this article to the commissioner. The city shall mail such notices at
least ten days before the hearings. Hearing notices about subdivisions shall include copies of the
subdivision.
(b) The city shall send a copy of approved amendments, subdivisions, variances or
conditional uses under this article to the commissioner. The city shall mail all such approvals
within ten days of final action. When the city approves a variance after the commissioner has
recommended denial, the notification of the approved variance shall include the City Council's
minutes of the public hearing.
Sec. 36-565. Shoreland Classification System.
(a) The city has classified its public waters based on the DNR's Protected Waters Inventory
Map. The city used the following classification criteria (percentages apply only to the shoreland
located in the city):
(1)
Class I waters are those that the DNR has designated general development waters,
and the city land use plan shows at least seventy-five (75) percent of the shoraland
for commercial or industrial use.
(2) Class II waters are those that the DNR has designated general development waters,
and do not qualify for Class I status.
(3) Class III waters are those that the DNR has designated recreation development
waters having:
a. At least sixty (60) percent of the shoreline in public ownership, or
13
At least fifty (50) percent of the shoreland in public ownership and less than ten
(10) percent of the shoreland remaining for development, excluding public open
space.
(4)
Class IV waters are those that the DNR has designated recreation development
waters, and do not qualify for Class III status.
(5) Class V waters are those that the DNR has designated natural environmental
waters.
(b) The City has classified its lakes as follows:
(1) Class I waters
3M Pond
Tanner's Lake
.Public Waters Inventory I.D.#
62-0017
82-0115
(2) Class II waters
Gervais Lake
Public Waters Inventory I.D. #
62-0007
(3) Class III waters
Public Waters Inventory I.D. #
Casey Lake 62-0005
Keller Lake 62-0010
Lake Phalen 62-0013
Silver Lake 62-0001
Spoon Lake
Wakefield Lake 62-0011
(4) Class IV waters Public Waters Inventory I.D. #
Carver Lake 82-0166
Kohlman Lake 62-0006
Oehdine's Lake 62-0014
(5) Class V waters Public Waters Inventory I.D. #
Beaver Lake 62-0016
Round Lake 62-0012
(c) Maplewood has classified its two creeks as tributary streams. The two creeks are Battle
Creek and Fish Creek
Sec. 36-566. District development standards.
(a) Lot and Building Standards. The following lot and building standards shall apply to
commercial developments and residential developments with four or fewer dwelling units per
building. The city must approve developments with more than four units per building as planned
unit developments.
14
(1) Class I waters
a. Non-residential development
1. Minimum building setback from
the OHWL (feet)
2. Minimum on-site sewage system
setback from OHWL (feet)
3. Maximum Impervious surface
area (percent)
With bonus (percent)*
b. Single dwelling
1. Minimum lot width
Water frontage lots (feet)
Other lots (feet)
2. Minimum building setback from
the OHWL (feet)
3. Minimum on-site sewage system
setback from the OHWL (feet)
4. Average lot area
Water frontage lots (square feet)
Other lots (square feet)
5. Maximum impervious surface area
(percent)
With bonus*
Water frontage lots (percent)
Other lots (percent)
(2) Class II and III waters
a. Nonresidential development
1. Minimum building setback from
the OHWL (feet)
2. Minimum water frontage (feet)
3. Minimum on-site sewage system
setback from the OHWL (feet)
With Sanitary
Sewer
5O
7O
75
75
50
15,000
10,000
30
4O
50
5O
75
Without Sanitary
Sewer
5O
7O
NA
NA
NA
NA
NA
NA
NA
75
100
75
15
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
Other lots (percent)
40
50
60
40
bo
5. Maximum building height (stories)
Single dwelling
Minimum lot width
Water frontage lots (feet)
Other lots (feet)
2. Minimum building setback from
the OHWL (feet)
Minimum on-site sewage system
setback from the OHWL (feet)
Average lot area
Water frontage lots (square feet)
Other lots (square feet)
o
Maximum impervious surface area
(percent)
With bonus*
Water frontage lots (percent)
Other lots (percent)
c. Two-unit dwellings
1. Minimum building setback from
the OHWL (feet)
2. Minimum lot width
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
other lots (percent)
o
Average lot area
Water frontage lots (square feet)
Other lots (square feet)
75
75
50
NA
15,000
10,000
30
40
50
5O
135
40
5O
6O
26,000
17,500
4
150
100
75
75
40,000
20,000
30
40
50
NA
NA
NA
NA
NA
16
d. Three-unit dwellings
Minimum building setback from
the OHWL (feet)
Minimum lot width
Water frontage lots (feet)
Other lots (feet)
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
Other lots (percent)
Average lot area
Water frontage lots (square feet)
other lots (square feet)
e. Four-unit dwellings
Minimum building setback from
the OHWL (feet)
Minimum lot width
Water-frontage lots (feet)
Other lots (feet)
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
other lots (percent)
Average lot area
Water frontage lots (square feet)
Other lots (square feet)
(3) Class IV and V waters
a. Non-residential development.
1. Minimum building setback
from the OHWL (feet)
2. Minimum water frontage per
development (feet)
3. Minimum on-site sewage system
setback from the OHWL (feet)
17
50
195
190
40
5O
60
38,000
25,000
50
255
245
40
49,000
32,500
75
75
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
100
150
75
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
Other lots (percent)
5. Maximum building height (stories)
b. Single dwelling
1. Minimum lot width (feet)
Minimum building setback from
the OHWL (feet)
Minimum on-site sewage system
setback from the OHWL (feet)
Average lot area
Water frontage lots (square feet)
Other lots (square feet)
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
Other lots (percent)
d. Two-unit dwellings
1. Minimum building setback from
the OHWL (feet)
2. Minimum lot width (feet)
30
4O
50
4
75
75
20,000
15,000
30
40
5O
75
135
30
40
50
4
150
100
75
40,000
40;000
30
40
5O
NA
NA
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
Other lots (percent)
Average lot area
Water frontage lots (square feet)
Other lots (square feet)
e. Three-unit dwellings
1. Minimum building setback from
the OHWL (feet)
40
5O
60
26,000
35,000
75
NA
NA
NA
18
Minimum lot width
Water frontage lots (feet)
Other lots (feet)
195 NA
190 NA
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
Other lots (percent)
40 NA
50 NA
60 NA
Average lot area
Water frontage lots (square feet)
Other lots (square feet)
50,000 NA
38,000 NA
f. Four-unit dwellings
1. Minimum building setback from
the OHWL (feet)
75 NA
Minimum lot width
Water frontage lots (feet)
Other lots (feet)
255 NA
245 NA
Maximum impervious surface
area (percent)
With bonus*
Water frontage lots (percent)
other lots (percent)
40 NA
50 NA
60 N^
e
Average lot area
Water frontage lots (square feet)
Other lots (square feet)
65,000 NA
49,000 N^
*Refer to Subsection 36-566(b)(1)(d) for requirements to qualify for an impervious surface area
bonus.
(4) Lot width and setback standards for creeks
a. The lot width standards for single, double dwellings, three-unit buildings and four-
unit buildings in shorelands next to creeks are as follows:
Unsewered Sewered
Single dwelling 100 75
Double dwelling 150 115
Three-unit building 200 150
Four-unit building 250 190
19
Structure and sewage system setbacks (in feet) from the ordinary high water level
of tributary streams
Structures
Unsewered Sewered
100 50
(b) Additional Special Provisions
(1)
Sewage Treatment
System
75
ao
Reduction in development standards
The city shall reduce all applicable development standards by one public waters
classification where a shoreland property meets all of the following conditions:
1. A principal or major arterial roadway, as defined by the Maplewood Land Use
Plan, separates the property from any public waters.
2. The property does not drain directly to a public water.
3. The visual impact of the property from the lake surface is small.
(i.e., A property subject to Class III standards may be subject to Class II
standards.)
The city shall raise the maximum allowed building height to forty-two (42) feet
from any street side for structures that would be at least eighty (80) percent
screened from view from at least eighty (80) percent of the shoreline of a public
water during the summer.
The minimum lot area requirements in Section 36-566(a) shall not apply to
developments that meet all the following conditions:
1. The development is at least eighty (80) percent screened from view from at
least eighty (80) percent of the shoreline during the summer.
2. The development shall have no frontage or private docking facilities on a
public water.
3. The development meets the impervious surface are=, requirements.
Impervious surface area bonus.
1. The impervious surface area limits shall be determined using the total
developable area of a parc, el (above the ordinary high water level and
suitable for development), exclusive of streets and sidewalks.
2. The developer or owner shall provide and maintain significant man-made
facilities for reducing storm water flow or the treatment of run-off for nonpoint
source water pollutants to qualify for an impervious surface area bonus.
20
(2)
(3)
The city engineer shall determine whether a proposed management
practice(s) is adequate to warrant a bonus. A bonus may range from one to
twenty (20) percent for nonwater frontage lots and from one to ten (10)
percent for water frontage properties, dependent upon the practice(s)
proposed. The city engineer shall forward a copy of proposed bonuses to the
DNR for their comments.
In addition to other standards in this chapter, double, three-unit and four-unit dwellings
on Natural Environment Lakes must meet the following standards:
a. Each building must be set back at least 200 feet from the ordinary high water
level.
b. Watercraft docking facilities for each building must be consolidated in one
location.
No more than 25 percent of a lake's shoreline can be in double, three-unit or four-
unit dwelling developments.
Lots used as controlled accesses to public waters or as recreation areas for use by
owners of nonriparian lots must meet or exceed the following standards:
If docking, mooring or over-water storage of more than six (6) watercraft is to be
allowed at a controlled access lot, then the width of the lot must be increased by
the percent of the requirements for ripadan residential lots for each watercraft
beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size Required increase
to shore length in frontage
(acres/mile) (~ercent~
Less than 100 25
100-200 20
201-300 15
301-400 10
Greater than 400 5
All owners of nonriparian lots in a subdivision who have dparian access rights on an
access lot must jointly own the access lot.
The owner shall record against the title of the affected properties covenants or other
equally effective legal instruments that specify which lot owners have authority to
use the access lot. The covenants must do the following:
1. Limit the allowed number of vehicle parking.
2. Umit the allowed number of watercraft that the owners moor, dock or store over
water. (This shall not include temporary docking.)
21
Require centralization of all common facilities and activities to lessen
topographic and vegetative alterations.
Require screening of all parking areas, storage buildings and other facilities
from a public water, assuming summer conditions. Screening shall use
vegetation or topography as much as practical.
(c) Placement, design and height of structures.
(1)
Structure placement. Where structures exist on the adjoining lots on both sides of a
proposed building site, the owner or builder may change the structure's setbacks
without a variance to meet the adjoining structures setbacks from the ordinary high
water level, if the proposed building site is not in a shore impact zone or in a bluff
impact zone.
Regardless of a waterbody's classification, the owner or builder shall set
structures or facilities back at least thirty (30) feet from the top of a bluff and
fifty (50) feet from an unplatted cemetery.
b. There shall be no structures or accessory facilities, except stain~ays and
landings, within bluff impact zones.
Nonresidential uses without water-oriented needs shall not be on lots with
public water frontage unless one of the following conditions is met:
1. The use or structure has double the normal setback from the ordinary high
water level; or
2. The use or structure is largely screened from view from the water by
vegetation or topography, assuming summer conditions.
(2) Design Criteria for Structures.
ao
Floodplain regulations. Development must follow the city's floodplain
regulations (Article VIII of Chapter 36).
Water-oriented accessory structures. Each lot may have no more than one
water-oriented accessory structure not meeting the normal structure setback in
Section 36-566(a), subject to the following conditions:
The maximum height shall not exceed ten feet, exclusive of safety rails.
However, detached decks shall not exceed eight feet above grade at any
point.
The maximum area shall not exceed 250 square feet. Except that on
general development and recreational development waterbodies, the
maximum area of water-oriented accessory structures used solely for
watercraft storage shall be 400 square feet (provided the maximum width
of the structure is twenty (20) feet as measured parallel to the shape of the
22
(3)
shoreline). These structures may include the storage of related boating
and water-oriented sporting equiPment.
3. The setback from the ordinary high water level must be at least ten feet.
The owner or builder shall use vegetation (assuming summer conditions),
topography, increased setbacks or color to reduce the visibility of the
structure from public waters or adjacent shorelands.
The owner may use the roof as a deck, but the owner or builder shall not
enclose, cover or use the roof for a storage area.
o
The owner or builder shall not design or use the structure or facility as a
dwelling or living space. The structure shall not contain sanitary facilities or
sewage treatment facilities.
Co
Stairways, lifts and landings. Owners or contractors shall nor grade bluffs and
steep slopes for the sole purpose of access to a public water, where they can
build or install stairways or lifts. Stairways and lifts must meet the following
design requirements:
1. Stairways and lifts must not exceed four feet in width on single dwelling
lots.
2. Landings for stairways and lifts on single-dwelling lots must not exceed 32
square feet in area.
3. Stairways, lifts or landings shall not have canopies or roofs.
o
VVhenever practical, stairways, lifts or landings shall be in the most visually
inconspicuous part of a lot, as viewed from a public water during the
summer.
Ramps, lifts or mobility paths for physically-handicapped persons are
allowed to get to shore areas, if the owner or builder follows the standards
of Subparts 1 through 4 above, and the requirements of Minnesota
Regulations, Chapter 1340.
do
Steep Slopes. The city engineer must evaluate the possible soil erosion
impacts and development visibility from public waters before issuing a permit to
construct sewage treatment systems, roads, driveways, structures or other
improvements on steep slopes. VVhen the city engineer determines it
necessary, he or she shall attach conditions to permits. These conditions shall
prevent erosion and preserve vegetation that screens structures, vehicles or
other facilities as viewed from the surface of public waters during the summer.
Height of structures. Unless approved as a planned unit development, the maximum
height of all structures in residential districts, except churches and nonresidential
agricultural structures, shall be 25 feet.
23
Sec. 36-567. Shoreland alterations.
All alterations in shoreland areas shall be subject to the city's wetland and stream protection
and erosion control ordinances. In addition, the following shall apply:
(a) Vegetation alterations
(1) This subsection on vegetation alterations does not apply to construction of the
following uses:
a. structures and sewage treatment systems
b. roads, ramps or parking areas
(2) Vegetation may be removed or altered subject to the following standards:
ao
There shall be no intensive vegetation cleadng within the shore or bluff impact
zones or on steep slopes. For all other property, the city requires a conditional
use permit to clear forest land that is visible from a public water. Such a
proposal requires an erosion control and sedimentation plan approved by the
city engineer and based on the Ramsay County Soil and Water Conservation
District Erosion Control Manual.
bo
The city shall allow limited cutting, pruning or trimming of trees or shrubs in
shore and bluff impact zones and on steep slopes. This cutting, pruning or
trimming shall be limited to providing a view of the water from the site of a
dwelling or to allow for the placement of stairways and landings, picnic areas,
access paths, beach and watercraft access areas or water-oriented accessory
structures or facilities. Such limited clearing is subject to the following
conditions:
1. Such work not significantly reducing the screening of structures, vehicles
or other facilities as viewed from the water during the summer.
2. Preserving the shading of water surfaces along rivers.
3. The above provisions are not applicable to the removal of trees, limbs or
branches that are dead, diseased or are safety hazards.
(b) Topographic alterations/grading and filling
(1) Unless part of a building permit, the city shall require a grading and filling permit for:
a. The movement of more than ten (10) cubic yards of material on steep slopes,
within shore impact zones or in bluff impact zones.
b. The movement of more than fifty (50) cubic yards of material outside steep
slopes, shore impact zones or bluff impact zones.
(2) The following requirements shall apply to construction permits, grading and filling
permits, conditional use permits, variances or subdivisions:
24
Co
(3)
Wetlands shall not be filled without a permit from the watershed board.
The owner or contractor shall design and conduct alterations to insure that the
work exposes only the smallest amount of bare ground for the shortest time
possible.
All development and site work shall meet the city's erosion control ordinance.
The owner or contractor shall not place fill or excavated material in bluff impact
zones.
The commissioner must authorize all alterations below the ordinary high water
level.
Topographic changes shall only be done if they are accessory to permitted or
conditional uses and do not adversely affect adjacent or nearby properties.
The city will permit the placement of natural rock riprap, including associated
grading of the shoreline and placement of a filter blanket, if the following
conditions are met:
1. The finished slope does not exceed three feet horizontal to one foot
vertical.
2. The landward extent of the riprap is within ten feet of the ordinary high
water level.
3. The height of the riprap above the ordinary high water level does not
exceed three feet.
The commissioner must approve all connections to public waters. This includes
excavations where the intended purpose is to connect to a public water, such as
boat slips, canals, lagoons or harbors.
Sec. 36..568. Placement and design of atreets, driveways or parking areas.
(a) Owners and contractors shall design public and private streets, driveways or parking
areas to take advantage of natural vegetation and topography to achieve maximum screening
from public waters.
(b) Streets, driveways or parking areas shall meet structure setback standards from the
ordinary high water level. These facilities shall not be within bluff or shore impact zones if there
ara other reasonable options. If no reasonable options exist, these facilities may be placed within
bluff and shore impact areas. However, the owners and contractors of these facilities must
design and install them to reduce adverse impacts.
(c) Watercraft access ramps, approach roads or access-related parking may be within shore
impact zones if the vegetative screening and erosion control conditions of this article are met.
25
Sec. 36-569. Storm water management.
(a) General Standards.
(1)
When possible, designers and contractors must use natural drainage ways,
wetlands and vegetated soil surfaces to convey, store, filter and hold storm water
runoff before it discharges to public waters.
(2) Development must be planned and conducted to minimize disturbed areas, runoff
velocities and erosion.
(3)
Developments shall maximize the use of surface drainage and vegetation to control
storm water runoff. VVhere surface drainage and vegetation are not adequate to
handle storm water runoff, the city will allow the use of buded pipes and man-made
materials and facilities.
(b) Specific Standards.
(1)
Newly constructed storm water outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
(2) All development within shoreland areas shall be consistent with the City Drainage
Plan.
Sec. 36-570. Special provisions for non-residential uses.
(a) Standards for nonresidential uses.
(1) Surface water-oriented nonresidential uses must meet the following standards:
a. Such uses shall have topographic and vegetative screening of parking areas
and structures.
bo
Uses that require short-term watercraft mooring for patrons must centralize
these facilities and design them to avoid navigation obstructions and to be the
minimum size necessary.
(2) Nonresidential uses without water-oriented needs and having frontage on a public
water must meet one of the following standards:
a. Double the normal setback from the ordinary high water level setback, or
b. Screen the use from view from the water by vegetation or topography,
assuming summer conditions.
(b) Mining. Processing machinery shall meet the structure setback standards from the
ordinary high water level and from bluffs.
26
Sec. 36-571. Conditional Uses.
(a) In addition to the normal standards for evaluating a conditional use permit, the following
standards shall apply within shorelands:
(1) There would be no soil erosion or pollution of public waters during or after
construction.
(2) The proposed plan would limit the visibility of structures from public waters
(assuming summer conditions).
(3)
The types, uses and numbers of any watercraft that the project would generate
would be compatible with the capacity of the public waters to handle these
watercraft.
(b) Conditional use permit conditions. The city council may attach special conditions in
shorelands. Such conditions may include, but are not limited to, the following:
(1) Increased setbacks from the ordinary high water level.
(2) Limitations on removing the natural vegetation or requiring the planting of additional
vegetation.
(3) Special location, design and use provisions for structures, sewage treatment
systems, watercraft launching and docking areas or parking areas.
Sec. 36-572. Expanding or adding decks to nonconforming structures.
A deck may be added to or expanded on a structure if the deck would be within the required
setback from the ordinary high water level. The deck must meet all of the following criteria:
(1) The structure existed when the city established the structure setbacks.
(2) There is no reasonable location for a deck that meets or exceeds the existing ordinary
high water level setback of the structure.
(3)
The deck encroachment toward the ordinary high water level does not exceed 15 percent
of the existing setback of the structure from the ordinary high water level or does not
encroach closer than 30 feet, whichever is more restrictive.
(4) The deck would be primarily wood, and not have a roof, screening or windows.
Sec. 36-573. Land Suitability.
Each lot created through subdivision shall be suitable for development with minimal alteration.
The city shall not consider lots suitable for development that would create any of the following
effects:
(1) Susceptibility to flooding
(2) Filling wetlands
27
(3) Building on soils with severe development limitations
(4) Creating severe erosion potential
(5) Building on steep topography
(6) Inadequate water supply or sewage treatment capabilities
(7) Creating a loss of protected wildlife habitat
Sec. 36-574. Planned Unit Development's (PUD's).
(a) "Suitable area' evaluation. The city shall determine the suitable area for calculating the
density of a residential PUD as follows:
(1)
The project site shall be divided into tiers. Tier boundaries shall be approximately
parallel to the boundary of the public water at the following intervals, going landward
from the public water.
Class I and II waters-
first tier
Class I and II waters-
second and additional tiers
Class III and IV waters
Class V waters
All dver classes
Unsewered Sewered
(feet) (feet)
200 200
267 200
267 267
400 320
300 300
(2) The suitable area within each tier shall exclude wetlands, bluffs or drainage
easements for storm water ponds.
(b) Residential PUD Density Evaluation. The procedures for determining the base density of
a PUD and density increase multipliers are below. The city or the developer may transfer
allowable densities from any tier to any other tier further from the waterbody. The developer or
owner may not transfer allowable densities to a tier closer to a waterbody.
To determine the residential PUD base density, divide the suitable area within each
tier by the minimum lot size for lakes or the minimum lot width times the tier depth
for creeks.
(2)
Density increase multipliers:
a. The maximum base densities may be increased if the proposed plan meets or
exceeds the dimensional standards in Section 36-566 and the other criteda in
this section.
The city shall allow the density increases in Item c. below if:
1. The developer increases the structure setbacks from the ordinary high
water level to at least 50 percent greater than the minimum setback, or
28
The proposal reduces the impact on the public water an equivalent
amount with vegetation, topography or other means acceptable to the city
and the setback is at least 25 percent greater than the minimum setback,
c. Allowable density increases for residential planned unit developments:
do
Density evaluation tiers
Maximum density increase
within each tier (percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
Regardless of the above, the density may not increase above the density
allowed by the city's land use plan.
(c) Open Space Requirements. Planned unit developments must contain open space
meeting all of the following criteria:
1. At least 50 percent of the total project area shall be open space.
2. The city shall not include dwelling units or sites, road rights-of-way or land covered
by road surfaces, parking areas or structures as open space.
3. Open space may include outdoor recreational facilities or water-oriented accessory
structures or facilities
.4.
For residential PUD's, at least 50 percent of the shore impact zone of existing
developments or at least 70 percent of the shore impact zone of new developments
must be preserved in its natural state.
(d) Storm water management. Each PUD must have a storm water management plan
consistent with the city's drainage plan and erosion control ordinance.
(e) Centralization and design of structures and impervious surfaces. The following standards
shall apply to PUD's:
1. On-site water and sewage systems must be centralized.
2. The plans shall cluster buildings and impervious surfaces to maximize open space.
The plans shall centralize shore recreation facilities. Shore recreation facilities shall
include, but not be limited to, swimming areas, docks, watercraft mooring areas and
launching ramps. The number of spaces provided for the regular beaching, mooring
or docking of watercraft must not exceed one for each allowable dwelling unit or site
in the first tier (except existing mooring sites in an existing commercially-used
harbor). The developer or owner may provide launching ramp facilities, including a
29
o
small dock for loading and unloading equipment, for use by occupants of dwelling
units or sites located in other tiers.
The developer shal*l design structures, parking areas and other facilities to reduce
their visibility (under summer conditions) from public waters and adjacent
shorelands. This design shall use vegetation, topography, increased setbacks, color
or other means. The plans shall use existing vegetative and topographic screening
as much as possible. The city may require additional vegetation to help screen these
facilities.
All accessory structures and facilities, except water-oriented accessory structures,
must meet the required principal structure setback. The plans shall centralize all
accessory structures and facilities.
The city may allow water-oriented accessory structures and facilities if they meet or
exceed the design standards in Section 36-566. The plans shall centralize all water-
orientated accessory structures.
Secs. 36-575- 36-581. Reserved.
SECTION 22. This section drops the definition of mining as follows: (I added a new
definition in Section 36-6.)
SECTION 23. This ordinance shall take effect after the city approves it and the official
newspaper publishes it.
The Maplewood City Council approved this ordinance on
,1996.
30
Attachment 2
ARTICLE IX. SHORELAND OVERLAY DISTRICT*
~'c. ~-~81. Purpose and fa·ut.
(·) It is the purpooe of this article to provide for the
utilization of oh·reload areas, in order to protect water quality,
the natural chanc~eristics and visull appeal of protected waters.
the local tax bm, and the general health, eal'et~ &nd welfare
eom~unlty ruidente.
(b) Enactment of this article is provide a roach&elam to reduce
the negative eft·cra of shorel&nd overcrowding, such aa water
pollution, inadequate apace on Iota for dr&inafe and nnita27
facilities, flood dana. s, and dart·darien of the aesthetic appeal
and natunl chm'ncteristica of' desirnated shorehnd &nd adjacent
water ·naa. (Ord. No. 534, ! 1, 1-24.83)
Sec. 86562. Establbh,~ent of · shot·Iud overlay dbtrlct.
(a) A shot·land overlay ~ with fad attendant rerulationa,
is hereby established aa part of the zoning ordinance. Thio dJo*
:h.ll or:r? . ing. ning any of
o ~ying in me ay·thy district shall alzo lay in one or more of
the underlying established zoning di~ricU.
(b) Within the ov~rhy di~ct, all u~s my b permitted in
·ccordance with regulations for the underlying zoning district(m),
if the uses meet the additional requirements esmblished in ~
article. (Ord. No. 534, J 1, 1.24-83)
w, .l~h,i. over!e.y, ordiI~nce shall ~pply to the shoreland dbtrictf
~ht~fbe~e a.e?ne·ted on~_the ofci·l zoning map·. These mpa
~ De on n~e in the office of' the director of com~uelt~ dev·l.
ap·eat for inspection &nd copying. (Ord. No. 534, !
'-'C~'~-refe~enee-F. nvironmental protection. ! 9.1~6 et 8eq.
8upp. Nb 0
2325
[As used in this article, the following Mrna shall have the
me·legs ascribed to them:]
AL~m~ br a~' The averqe of' the lot are~ within · single
development or phaae. For · single lot, the minimum allowable
area shell be no less than the ·var·ge lot area requirement.
BoafAouee' A structure u~d solely for the sterqe of boats or
boating equipment.
Building of ~vco;'c[' A structure which was in existence or for
which · building permit was issued prior to (effective date of this
article).
/,or op~o~&. A lot recorded with the Ramsay Count~ register
of deed~ or registrar of titles prior to (effective date of this article).
Mu~ij:,b du,etI~: Any residential structure containing two (2)
or more living uniU.
31
Nonpoint ~ource (NPS) pollutant: A contaminant that enters
water by washing off the land or ~eeping into ground water,
which alters the physical, chemical, or biological properties of
water or the d~.harge into water of any substance that may
create a nuisance or render ~uch water detriment~ or i~jurions
to public health, ~ety or wel~-e.
Nonpoint ~ou~ce (NPS) pollutant treatment: Storm water man-
ag·merit practice~ wlfich will reduce nonpoint zource pollution
prior to reaching a protected water.
Ordinary high water mark ¢OITWM): A mark delineating the
highest water level which has been maintainod for a sufficiont
period of time to leave evidence upon the landw, ape. The ordinary
high water mark is commonly that point where the natural vega-
tation changes from predominantly aquatic to predominantly
Planned unit deve/opmen~ A development planned as a unit
which incorporates:
(1) l~esidential and commercial land tm·s, or
(2) Variation(s) from this shoreland overlay ~ticle or under-
lying zoning district regulations relating to, but not lim-
ired to, density, ~etback~, height limits and minimum lot
~rea which are permitted by negotiated agreement between
the developer, the municipality, and the commle~ionor of
natural rezources.
Protected water&' Formerly referred to as public waters,
any water of the state as defined in .Minnesota Statutes, Section
105.37, subdivision 14.
Regional floo&' A flood which is representative of large floedz
known to have occurred in Minnezota and that can be expected to
occur on an average frequency of once every one hundred (100)
years.
Shoreline' Land abutting the ordinary high water mark.
$horelan&' ].~nd located within the following d~tance~ from
protected water:
.(1) One thousand (1,000) feet from the ordin~y high water
mark of · l~ke, pond or flow·ge; and
(2) Three hundred (300) feet from · riv~ or Wa~am, or the
l~ndward extent of a floodplain on such · river or
whichever is greater.
The practical limits of shorelands may be less than the ~tatutory
limits, where such limits ~re designated by the natural drainage
divides ·t · leper distance and approved by the department of
Structure' Any building, except aerial or underground utility
lines, ~uch as ~ewer, electric, telephone, telegraph or gas lines,
including towers, poles and other supporting appurte-*-ces.
Urban runoff. Storm water that flows over land or through
man.made drainage system, that usually contains litter, organic
or bacterial wastes. (Ord. No. 524, ! 1, 1.24-83)
32
Sec. M~65. Shoreland cl~siflcatio,~.
(a) ~ ~r cZ~sf~n (percentages apply ~y ~ ~d
1~ in Maplew~):
(1) C~s I w~s ~e defined ~ ~ D~ desi~a~d gen-
~ development wa~rs in which at le~ ~venU-fiye
w~nt of ~e shorel~d ~ea ~ plied ~or ~e~i~ or
~d~ ~, ~ defined by ~e Maplew~
P~.
~) C~s ~ ~,~ m defin~ ~ ~ D~ d~i~ ~n-
~ development wa~ not q~hf for C~ I mt~.
(~) C~s ~ ~ ~ defln~ ~ ~ D~ desi~Md
~ation development wa~ ha~:
a. At le~ ~ (60) ~nt ~ ~e ~o~B~ ~ public
~e~hip, or
b. At le~ ~ (50) ~nt ~ ~e ~el~ ~ pubBc
~er~ip, or
~ ~an Mn (10) ~nt ~ ~e ~d
for development, ~clu~n~ public o~n ~a~,
(dam ~is ~icle ~mes ~ve).
(4) C~s/~ wa.~ers are defined a~ tho~e DNR de~a~ ~-
~a~on development wa~ not q~l~ f~ Clm ~
~t~.
(5) C~s V ~ ~ de~ ~ ~ D~ de~i~ ~tu-
~ en~-~en~ wa~.
0o) Cla~sifu~ion of p~t~cted water&'
(1)
3M Pond
T~er's ~e
~) C~s Il w~rz
Battle C~k
-Fish C~k.
(3) C~ HI w~er~
C~y ~e
Kell~
~e P~en
Silver
S~n ~e
W~efield ~e
(4)
C~er ~e
Kohl~
~e's
(5)
~aver ~e
~d ~e
(~. No. 5~, I 1, 1-~)
33
Sec. M-S66. District development s~udards.
(a) C~s; w~r& W/~A W/~Aour
(1) ~m~e~ development.
~e O~ (f~t) ~0 50
~tback ~m O~ ~t) ~0
c. M~imum ~o~ o~ace
~a ~nt) ~0
(2) M~tiple ~e~.
O~ (f~t)
b. M~imum im~o~ s~nee
~ ~nt) 40
Wi~ ~n~ ~nt)*
(1) ~e~ci~ development.
a. M-~ b~ heist ~r-
les) 4 4
b. ~~ b~ ~
~e O~ (f~t)
c. Mi~m~ wa~r ~n~ge ~t)
Mtback bom ~e O~ ~t) ~0
e. M~imum im~io~ s~ace
~ea (~ent) 40 40
With ~nus* "
Wa~ ~n~ 1~ ~t) 50
~er 1o~ (~nt)
~) S~fle dweH~g.
a. Minim~ wa~r ~n~ge 75
b. ~~ b~ ~
~e O~ (f~t)
c. M~,~imum on4it~ sewqe system
setback from ~e O~ ~0
d. Ave~ lot ~a wa~ ~n~
1o~ (~ f~t) 15,~
M~im~ ~o~ ~ ma
~nt) 80
Wi~ ~n~*
Wa~ ~ 1~ ~t) 40
~er 1o~ ~nt) SO
(3) Multiple dwelling.
a. ~um buildin~ height (stor-
ies) ·
the OHWM (feet)
c. Minimum ws~er frontqe ~ ~
velopment (feet) 85
d. M&ximum impervious surface
&rea (percent) 40
With bonus*
Water f~ntafe lots (percent) 50
Other lote (percent) 60
e. Average lot ~rea per unit
Water f3~nta~ lots (square feet) 10,000
(1) Co~w~erci~l development.
a. ~un bulldin~ height (st~r-
iee)
the OHW~ (feet)
velopment (feet)
eetback from the OHWM (feet)
(2)
e. Maximum impervious surface
ires (percent)
With bonus*
Wat~ f~ntege lm (i~n~unt)
Othe~ lote (pe~e~nt)
· inSle d~ellins.
~d~ at b~n~ ~tbaek ~e
~t)
~e O~ (f~O
& Averse lot ~a
~e~ 1o~ (~ f~t)
Wa~ ~ ~ ~t)
~er 1o~ ~nt)
100
150
75
80
4O
75
20,000
15,000
80
W~thout
$~wer
150
100
40,000
80
(3)
75
40
With Without
Seu~r Sewer
Averse lot area per unit
Water frontage lot~ (equate feet) 15,000
'Other Iota (aquare feet) 5,000
*Refer to subsection 36-566(e) for requirements to qualify for
an impervious eurface area bonus. Impervious surface area limits
shall be determined using the total developable area of a parcel
(above the ordinary high water mark and suitable for develop-
ment), exclusive of streets and sidewalks.
(d) Roads and parking area~
(1) Reads and parking areas shall be designed and located so
as to retard urban run~ff.
(2) Where practical and feasible, all roads and parking areas
shall meet the structure setback standards from the ordi-
nary high water marker specified in subsections 36.$66(a),
fo) and (c). In no instance shall these impervious surfaces
be located less than fifty (50) feet from the ordinary high..
water mark. "
(3) Natural vegetation or other natural materials shall be
used to screen parking areas when viewed from the water.
(e) Imperviou~ su~f~ce a~ea ~onu~ To qualify for an impervious
surface area bonus, as permitted in subsections ~6-566(a), (b) and
(c), significant man.made facilities shall be provided and main-
tained for the reduction of storm water flow or the treatment of
urban runoff for nonpoint source water pollutante.
The director of public works shall determine whether a pr~
pOSed management practice(s) is adequate to warrant a bonus
using criteria adopted by the city council and approved by DNR.
The criteria will be subject to revision from time to time taking
into account the 'most recent tochnolo~y. A bonus may range
from one to twenty (20) percent for nonwater frontage lots and
from one to ten (10) percent for water frontage properties, depen-
dent upon the practice(s) proposed. The director of public works
36
ehall forward a copy af prop<meal bontmes to the D]~TR for review
13~d comment.
(f) W~er qualiV~ m~eme~ plar~
(1) All development within a ~h°rela~d area ·hall be m~bject
to a water quality management plan, which b to be
proved prior to con,~'tion by the director of public work~,
except ~[ngle and double dwelliz~ mee$~n_a ~ followi~
criteria: .
a. The parcel i~ not part of · plat created after (effective
date of th~ irti~e).
b. The parcel dces mot beve t~mta~e om a protectl~] water.
(~) A water quality ~uagement plan ·hall include, but not
be limited to, · etatement of the con, t~ction and effective
maintenance of nonpoint ~h-ce pollutant treatment meth-
od~ to be treed to reduce potential water pollution al~OCi-
· ted with:
a. t)rban run~f,
b. ~oil erceion after construction i~ complete, and
c. ~oi] erceion during conltruction.
These methods ~hall be in addition to any li~iflcant m~n-
made facilities pr~ for an impervious m~rface area
bonus as permitted by ~ub~ection
(g) E~v~o~ of t~ ~owe,t floor. Where no re~.__gul, ator~ flood.
~ro~ou~lev~ti~ h~ ~n e~bl~hed, no ~~P~
~o~e, pier~ ~d d~, ~1 ~ pla~ a~
~at ~e lowe~ fl~r, ~clu~ng b~ment, ~ leu.~an.~
· ~, -~-- ,~0 k4ehe~ ~o~ wa~r level· ~
w~ere ~cient ~ on ~o~ high waMr leveb ~ nm avMl-
~) D~a~ · All development ~ ~d
~nt ~ ~e ~nt ~ ~ ~1~ ~~
J~, 19~4.
pte~ ~d d~. ~on ~pie~ ~d d~ ~1 ~ ~ll~ by
appli=ble ~ ~d l~ ~la~o~.
(1) ~ · ~o~1~ ~ ~: (a) ~P~a~
~ wa~ by a ~cip~ cr m~or ~ ~way,
~pa~ ~ ~e ~ea ~ ~e ~e ~
app~ble ~elopme~t ~~ ~y
~o~y ~bj~ ~ Cl~s ~ ~~
C~ ~ ~evelopme~t ~~.)
ffi) ~ot ~~~g ~e m~ b~g height ~e-
me~ ~ ~o~ 36~66 ~) ~d (c), ~e m~im~ b~l~g
height ~1 ~ot ex~ f~.~o (42) f~t ~om ~e ~t
~e for ~~ ~t wo~d ~ at l~t eighty (~) ~r-
~t ~ned ~om ~ew ~om at le~ eigh~ (~0)
~e ~orel~e ~ a p~ wa~r ~g ~e w~er.
37
(3)
Minimum area.per.unit requirements in section 36-566(c)
shall not apply to developments that are at least eighty
(60) percent screened from view from at least eighty (80)
percent of the shoreline of a protected water during the sum.
met, do not have frontage or private docking facilities on
a protected water and which comply with impervious surface
roquh-elnents.
(2)
(it) Subs·nd·rd iotJ ar, d building&
(1) Lots of record, not meeting the mini·cum lot area require-
me·ts of this ·hotel·nd overlay article, ,~ty be allowod mt
a building sits, provided all other di,~e~ .ual reotLL-ements
of this shot·land overlay article are complied w~th insofar
is practical.
A building of record, which is canzod to be substands.,.d
due to the enactment of' this or,icl·, may be exp&nded,
provided that:
a. The use and ezp&nsion are allowed by the zoning
ordin&uce.
b. Where practical and feasible, the improvements will
not increise the substandard·e· of the building rela.
tive to the requirement~ of' section 36-566, except is
permitted in subsection 36-566(dX2)c, or
c. The setback of the structure, ica water frontage lot, is
the average setback of adj,. ~ent residential structures
from the ordinary high water marter or fifty (50) feet.
whichever is greater.
(1) BoarAouse~ Boathouses may be allowed up to the OHWNI
provided:
(1) They do not contra nnitory facilities.
(2) They are not used for human habitation.
(3) They &re no lorger than one hundred sixty (160) square
feet in &rea and one story in height.
(4) They ore designed to be aesthetically compatible with the
natural earring insofar is practical. (Ord. No. 634, ! 1,
1-24-83; Ord. No. 628, ~ 1, 7-11-88)
Sec. 86~7. Shoreland alterations.
(a) Selective removal of natural vegetation shall be allowed,
provided that sufficient vegetative cover remains to ocroen cars,
dwellings and other structures when viewed from the water for
aesthetic purposes.
(b) Grading and f'filing in shot·land ants may be authorir, ed
by a grading and fill permit. Such permit may be granted by the
director of public works, subject to the approval of an erceion
control plan. At a minimum, an erosion control plan shall require
that:
38
(1) The smallest mount of bare ~round is exposed for · short
· time as feasible.
(2) Temporary rround cover, such as mulch, is used and per-
manent ~round cover, such as sod, is planted.
(2) Metheds to prevent erosion and trap oedim~t are employed.
(4) Fill is stabilized to accepted enrinserinf standards.
(c) Excavation on shorelands where the intended purpcae is
connection to · protected w·ter, shall require · permit fi, om the
director of public worb before ~ction is begun. Permit·
may be obtained only after the co-~,~i~ionsr of natural ro~.~-~rc~
has i~ued · permit for any work on the bed~ of protected .·ter~.
(d) Any work which will chan~e or diminish the course, cur-
rent or cro~ section of · protected water or wetland shall be
approved by the commi~ioner of natural r~ourc~, and such
approval shall be construed to mean the i~uance by the commis-
sioner of natural resources of a permit under the procedures of
Minnesota Statutes, Section 105.42 and other related statutes.
(Ord. No. 534, J 1, 1-24-83)
Soc. 86-668. On~fte ~ewage treatment systems.
(·) All on-site sewage treatment systems shall be desirnsd and
installed in acco~-,~ce with the Minnesota Pollution Control
A~ency Individual Sewage T~atmont Sy~en~ Standa~ (6 MCAR
4.8040).
Co) Ali existing sewage troatment systems inconsistent with
the stand&rd· in subsection 8&$68(·) shall be brought into con-
formance or discontinued wit~i,~ five ($) y~tq from the date of on-
~znent ~f ~ article. Any nonconfor~i,~_~ ~dtary facih'~y found
to be · public nuisance shall be brought into conformity or ~
continued within till,fy (30) days after receivin~ written notice
~m the Maplewood environmental health official. (Or~ No. 534,
! 1, 1.~4~3)
Bec. Se. MS. Plau s~vbw. (a) S.~d~ub~on~
(1) All plats w~ ~ ~~nt ~ ~e ~iom ~
~~ ~1 b ~ew~ by ~e ~i~ ~ ~m-
~ ~~. Su~ ~ew ~ll ~ ~at ~e p~
ph~ b ~iv~ by ~e ~ioner at le~ Mn (10)
~ ~ m~ ~p~vg ~ ~ pm~ p~.
~) A ~py ~ ~1 p~ ~n ~e ~l~d ~lay ~
~'~, ~4~ ~t:
39
(1) Proposals must be approved by the department of natural
r~ourcm prior to final approval by the municipality. The
department of natural resources shall have thirty (30) days
from the date of written notification from the city to reply,
(2) Open space is preserved, that would not have been pre-
served without the PUD.
(3) Where a density bonus is considered, the following factors
are evaluated to ensure the proposed density will be con-
sistent with the resource llm4tetious of the protected water:
a. Physical and aesthetic impact of any increased density;
b. Density of current development;
c. Amount of public shoreland and shoreline;
d. Levels and types of water surface use and public access;
e. Possible effects on over-all public use of the protected
water.
(4) Any shoreline recreation facilities, such as beaches, docks
and boat launching facilities aro centralized.
(5) The development is consistent with requirements for a
PUD in the city zoning code.
(6) An approved PUD shall not be modified unless approved in
writing by the department of natural resources and the
city council. The department of natural resources shall
have thirty (30) days from the date of written notification
from the city to rep]y, after which time, said request shall
be considered approved.
(c) Multiple-family ant? commercial ~evelopment~ Non-sing]e-
dwelling detached developments which would disturb at least
one acre of shore]and, shall be submitted to the commissioner of
natural resources for review and comment at least ten (10) days
prior to community design review board approval.
(d) Re~ion of~,~e~opme~ s~a,~wk Where standards would
be reduced under subsection $6-566(j), notification of the request
shall be submitted to the commissioner of natural resources at
least ten (10) days prior to issuance of building permit or commu-
nity design review board approval, whichever would come firet.
(Ord. No. $~4, § 1, 1-~4~3)
Sec. 86-570. Variances and -men,lmente.
(a) A copy of public hearing notices to consider variances and
amendments to the provisions of this article shall be received by
the commissioner of natural resources at least ten (10) days prior
to such hearings.
(b) A copy of final decisions granting variances or ordinance
amendments shall be submitted to the commissioner of natural
resources within ten (10) days of final action. (Ord. Bls. 534, § 1,
1-24-83)
Seca. I~-571~1. Reserved.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Ken Roberts, Associate Planner
Adult Entertainment/Sexullly-Orlented Businesses Ordinance
December 4, 1995
INTRODUCTION
the ' council directed the ~ to research possible w~ys to regulate
On November 7, 1~._9~_,., city '1 mentioned the use of conditional u. se permits, _z_o?ng,
sexually-oriented busine.$ses..The cou. n??_ __. ......... -- ,~uible w~vs to regulate the~e
· nd setbac:x requlremern$ Trom v-ng.u, u,-o -o ~-.: '- ulate
momtonums_~ ....... :-, -,--, ,-~-, ,,,, emments mw only reasonably rag
I~in~eS PiS! court IC~ons nave Hlu um~ ~.~-,.v-.v
and not completely prohibit adult entertainment and sexu~lly, onenteo
On February 27, 1995, the city council adopted a one-year rnomtorium on adult entertainment
and sexually-oriented businesses. The moratorium has allowed staff time to study where and
how the city code should allow for such businesses in the city. Any new regulations the city
adopts should protect the health, ufety and welfare of all residents and ex|sting businesses in
Maplewood. In addition, the moratorium prevented new adult entertainment and sexually-oriented
businesses from opening or existing ones from expanding until the city passes a new ordinance
about these establishments.
DISCUSSION
b"'~ff n~xleled the proposed ordinance after ordinances that Woodbury and Bloomington recently
adopted. It I~s several i~rts including findings and purposes, definitions, license regulations
and standards and sign restrictions. As proposed, adult uses would be a permitted use in the
IVl-1 (light manufacturing) and M-2 (heavy manufacturing) zoning districts subject to several
performance standards. These include getting a license approved by the city council and being at
least 350 feet ~way from protected land uses (residential, day-c~re centers, libraries, churches,
perks, etc.) and they be at least 1,000 feet apart from each other.
Table 2 (page 2) shows where and how much lend would be available for adult uses in the M-1
zoning district if they are 350 and 500 feet from protected lend uses. The bottom of the table
gives the percent of Maplewood that would be available in the M-1 and in the M-1 and M-2
zoning districts together. As proposed, 4.96 peroent of the c~ would be available for adult uses.
Table 3 (page 3) is similar to Table 2, but also includes the BC (business commercial) zoning
district as an area for adult uses. The city ~ttomey fel~ that the city should not allow adult uses in
the BC zone and thus recommended that ~taff not include the BC zone in the draft ordinance.
RECOMMENDATION
Review the draft ordinance (dated 11-21-95) ~tarting on page 4. This ordinance establishes
regul,tions about adult uses and sexually-oriented businesses in Maplewood. Staff will schedule
. this for formal review by the planning commission on January 2, 1996. .-_
la./p:mbmi/adult2.mem
Atmchments:
I. Tlble 2
2. Tlble 3
~. Draft Ofclinlnol dltld 11-21-g5
Attachment 1
Table 2
November 20, 1995
IPercent of Land in MapleWood Available for Adult Entertainment Usage
Available Area in Zoning Districts M1 by Square foot and Acre
350 feet from Protected Areas 500 feet from Protected Areas
Section #
Square Feet Acres Square Feet Acres
N% Sec 3 4,510,600 103.55 3,343,800 76.76
S% Sec 3 1,252,400 28.75 952,760 21.87
N% Sec 4 276,700 6.35 72,785 1.67
S~ Sec 4 248,800 5.71 57,700 1.32
N% Sec 9 1,559,590 35.80 1,033,800 23.73
S% Sec 9 1,152,034 26.45 850,000 .. 19.51
N% Sec 10 228,000 5.23 88,500 2.03
S% Sec 10 1,625,000 37.30 734,800 16.87
S~ Sec 11 356,600 8.19 196,580 4.51
N% Sec 15 40,600 0.93 0.0 0.0
S% Sec 18 132,000 3.03 0.0 0.0
N% Sec 24 125,000 2.87 15,400 0.35
S% Sec 24. 109,000 2.50 0.0 0.0
N% Sec 36 4,456,200 102.3 4,020,000 92.29
TOTALS: ~ 16,072,524 · ~ 368.97 11'366,125 :! 260.91
3.02% of Maplewood available - 350 feet from protected areas
2.13% of Maplewood available - 500 feet from protected areas
(Total Area of Maplewood: 532,477,440 square feet-12,224 acres)
If M2 zoned areas are included in the totals, the amount of land available increases to:
350 Feet: 26,409,520 Sqft, 606.28 Acres, 4.96 % of Maplewood
500 Feet: 21,066,125 Sqft, 483.61 Acres, 3.96 % of Maplewood
P:~miscell~M 1adult. use
A'c~;achment 2
Table 3. November 20, 1995
iPercent of Land in Maplewood Available for Adult Entertainment Usagei
Available Area in Zoning Districts M1, M2, BC and SC by Square Foot and Acre
~ 350 feet from Protected Areas 500 feet from Protected Areas
Section # Square Feet Acres Square Feet ~,cres ..--
N% Sec 2 5,350,000 122.80 4 051,612 93.01
N% Sec 3 6,717,000 154.20 4,910,000 112.72
S% Sec 3 1,437,000 32.99 I 114,000 25.57
N% Sec 4 411,607 9.45 74,076 1.70 _-
S% Sec4 250,200 5.74 56,018 1.29 .
N% Sec 9 1,144,000 26.26 898,680 20.63
S% Sec 9 1,152,034 26.45 850,000 19.51
~1% Sec 10 228,000 5.23 88,500 2.03
S% Sec 10 1,625,000 37.30 734,800 16.87
N% Sec 11 625,300 14.35 185,600 4.26 __
S% Sec 11 762,300 17.50 386,500 8.87 ._-
S% Sec 14 251,500 5.77 187,300 4.30
N% Sec 15 40,600 0.93 0.0 0.0 _-
N% Sec18 1,753,800 40.26 1,305,000 29.96
S% Sec 18 2,589,600 59.45 1,875,800 43.06 ._
N% Sec 24 125,000 2.87 15,400 0.35
S% Sec24 109,000 2.50 0.0 0.0
N% Sec 36 4,476,000 102.75 4,020,000 92.29
S% Sec 36 10,334,000 237.24 9,700,000 222.68
N% Sec 1 (28) 185,000 4.25 61,000 1.40
TOTALS: 39,566,941 908.29 30,514,286 700.5
7.43 % of Maplewood available - 350 feet from protected areas
5.73 % of Maplewood available - 500 feet from protected areas
Total Area of Maplewood: 532,477,440 square feet (12,224 acres)
3
Attachment 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MAPLEWOOD, MINNESOTA, AMENDING THE
CITY CODE BY ADDING LANGUAGE ABOUT ADULT USES AND SEXUALLY-
ORIENTED BUSINESSES 11-21-95
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
SECTION 1. This section adds the following to the Maplewcod City Code: (I have underlined the
additions.)
CHAPTER 17.4
ADULT USI~S AND SEXUALLY-ORIENTED BUSINESSES
Sec. t7.4. Adult Uaea and Sexually-OHented Buaineaaea.
Findings and Pumoses.
1_. The purpose of this ordinance is to control, through licensing and zoning regulations,
certain land uses that have a direct and detrimental effect on the character of the city's
residential and commercial neighborhoods.
The Maplewood City Council makes the following findings about the effect adult uses
and sexually-oriented businesses have on the character of the city's neil:lhborhoods. In
making the findings, the city council accepts the recommendations of staff that has
studied the experiences of other urban areas about such businesses. The Minnesota
Attorney General, the American Plannin;I Association, and the cities of Saint Paul,
Indianapolis, Rochester, Minnesota, Phoenix, Arizona, Los Angeles, Seattle and New
York have studied the impacts of adult uses and sexually-oriented businesses on urban
areas. These studies have concluded that adult uses and sexually-oriented businesses
have. adverse impacts on the surrounding neighborhoods. Based on these studies and
findinas, the Maplewood City Council concludes:
Adult uses and sexually-oriented businesses can contribute to an increase in
crime in the area where such businesses are located. This can be a burden to city
crime-prevention prol;rams and law-enforcement services.
Adult uses and sexually-oriented businesses can significantly contribute to the
deterioration of residential neighborhoods and can increase neighborhood blight.
These businesses also can impair the character and quality of the residential
housing in the area where such businesses are. This situation could lessen the
amount of desirable housing for residents.
The concentration of adult uses and sexually-oriented businesses in one area can
=reatlv affect the area where Such businesses are concentrated and on the <luality
of urban life. A cycle of decay can result from the influx and concentration of adult
uses and sexually-oriented businesses. Others may perceive the presence of
such businesses as an indication that the area is deteriorating and the result can
4
be devastatin . That is other businesses move out of the viclni and residents
flee fro the are . ower ro · values that can result from the ncentration
of such businesses erode the ci s tax base and contribute to urban bli bt.
the types discussed above:.
e~ I is nec, essa to rovide for the s ecial and · tess ulation of sinesses
stablishments or commercial ante rises that o erate as dult hod aintin
tudios dult b okstores adul barets adult car w sh dult com anio hi
establishments adult hotels or motels adult massa · arlors or health clubs
adult mini-motion icture theaters adult modelin studios adult motion icture
r des or th aters adult novel busi · sas ad It aun s and imilar adult-
oriented services o eratin under different names to rotect the ublic he Ith
safe and welfare and to uard a ain t the inca tion and transmission of
(fl The commercial enterorises such as the tvr)es described in eel above and all other
similar establishments whose services include sessions offered to adults
conducted in rivate b members of the same or o osite sex and em Io 'n
personnel with no specialized traininn are susceptible to ooerations contravenin¢3.
subvertin or endan erin the morals of the ' b bein the site of acts of
rostitution illicit sex and occasions of violent crimes and thus re uirin close
inspection, licensing and re<3ulation.
~ Control anda rec]ulation of commercial establishments of these tyoes, in view of the
abuses often etrated re uire intensive efforts b the olice de artment and
other departments of the city. It is necessary for the city to provide services to all
f Ma lewood without concentratin the ublic services in one area. The
n ntreted use of ' services detracts from and reduces the I vel of service
available to the rest of Ma lewood. Thus these es of establishments can
diminish the abili of the ci to rotect and romo · the eneral health welfare
morals and safety of Maplewood.
(h) The cl council ado ts the followin land-use and licensin re ulations
· reco nizin that it has an interest in the resent and future character of the cis
residential and commercial nei hborhoods. These ulations ar o I ssen the
detrimental and adverse effects adult uses and sexually-oriented businesses have
on ad'acant land uses and to rotect and romote the health safe and w Ifare
Of the res!dents of Maplewood.
I is not th intent of the cl council to rohibit adult uses or sexuall -oriented
businesses or establishments from having an oooortunity to locate in Maplewo0d. It
~lso is not the intent of the city council to regulate these businesses on the basis o,
content, but only on the basis of likely adverse sec;x)ndarv effects.
~he followin meanin s:
dult uses: adult bod aintin studios adult bookstores adult cabaret adult car wash adult
hotels or motels adult motion icture theaters adult mini-motion icture theaters adult massa ·
ariors adult health/s orts clubs adult saunas/steam rooms/bath houses adult corn ani nshi
establishments adult re /conversation arlors adult novel businesses adult motion icture
a~_des, adult modeling studios, and other premises, enterprises, establishments, businesses, or
places open tO some or all members 0f the public at or in which there is an ear)basis on the
presentation, display, depiction, or description of "specified sexual activities" or "specified
anatomical areas" which the public could see. This ~lefinition does not apply to the practice of
medicine, sumerv, osteooathv, chiror)ractic, r)hvsical therapy or podiatry by state-licensed or
registered pe~_n.ns as outlined in Chapter 24 of the city code. Activities classified as obscene as
defined bv Minnesota Statutes .r)617,241 are not lawful and are not included in the definition of
ladult uses.
Adult Use - Ac~_-essory: The offering of goods and/or services classified as adult uses on a
limited scale that are incidental to the primary activity and goods and/or services offered by the
establishment. Examples of such items include adult ma(3azines, adult movies, adult novelties,
and the like.
Adult Uses - Principal; The offering of Roods and/or services classified as adult uses as a
primary or sole activity of a business or establishment, land include but are nOt limited to the
following:
Adult Body Painting Studio: An establishment or business that provides the service of
applvinl:l paint or other substance, whether transparent or nontransparent, to or on the
body of a patron when such body is wholly or c)artiallv nude in terms of "sc~ecified
anatomical areas."
Adult Bookstore: An establishment, building or business enaaaina in the barter, rental, or
sale of items or merchandise consisting of printed maffer, pictures, slides, records,
audiotapes, videotapes, computer or video disks, motion picture film, or any other similar
materials, if such a shop is not open to the public generally but only to one or more
classes of the public, excluding any minor because of age, if more than twenty (20)
percent (~f the usable floor area of the establishment, building or business, or if at least
500 square feet, whichever is smaller, has products or materials distinl:luished or
characterized by an emphasis on matters depicting, describing or related to "~pecified
sexual activities" or "specified anatomical areas."
Adult Cabaret: An establishment, building or business that provides dancing or other live
entertainment if such dancing or other live entertainment is distinguished or characterized
by an emphasis on the performance, presentation, display, depiction, or description of
"specified sexual activities" or "soecified anatomical areas."
Adult Car Wash: A wash facility for any type of motor vehicle that allows employees.
al:lents, independent contractors, or persons to appear in a state of partial or total nudity
in terms of 'specified anatomical areas.'
Adult Companionship Establishment: An establishment or business if such establishment
excludes minors because of age, or Which provides the service of engaging in or listening
to conversation, talk or discussion between an employee of the establishment and a
Customer, if such service is distinguished or characterized by an emc)hasis on "s~)ecified
~exual activities" or "~pecified anatomical areas."
Adult Entertainment Facility:. A building or space in which an admission is charged for
entrance, or food or tt0nalcoh01ic beverages are sold or intended for consumotion, and in
which may be observed live presentation of entertainment distinguished or characterized
by an emphasis on matters depicting, describing, or relating to 'specified sexual
activities" or "sc)ecified anatomical areas."
6
(10)
CZ) Adult Establishment: An establishment, building or business enc~a~3in~3 in any of the
followin~l activities or which uses any of the following business procedures or practices;
either:.
~ Any business conducted exclusively for the patronage of adults and about which
minors are specifically excluded from patronaoe thereat either by law or bv the
operators of such business: or
(b~ Any other business that offers its patrons services, products or entertainment
characterized by an emphasis on maffer depictino, exposina, describing, discussinc~
pr relatina to *specified sexual activities' or 'SPecified anatomical areas."
Specifically included in the term, but without limitation, are adult bookstores, adult
motion picture the-~ters, adult mini-mption picture theaters, adult massaae pado~i.
adult health clubs, adult saunas, adult companionship establishments, adult heai[h
clubs, adult cabarets, adult car washes, adult novelty businesses, adult motion pi¢[ure
arcades, adult modeling studios, adult hotel or motel, and adult body paintin,~ studios.
~ ~Adult Hotel or Motel: A hotel or motel from which minors are specifically excluded from
patrona~le and in which material is presented that is distin~luished or characterized by an
emphasis on matter depicting, describinc~ or relating to *specified sexual activities' or
'specified anatomical areas.'
J.9.). Adult Massage Pador, Health/Sport Club: A ma_~ssge pador or health/sport club that
restrict minors because of age, which provide the services of massage, if such servi~e is
distinguished or char_=~erized by an emphasis on "specified sexual activities" or
"~pecified anatomical .areas."
Adult Mini-Motion Picture Theater:. A business, buildin~l or establishment in an enclosed
building with a capacity for less than 50 persons used for presenting visual media
material if such business as a r)revailin~3 practice excludes minors by virtue of aa=. or if
said material is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical are_=_~" for observation by patrons.
(11) Adult Modeling Studio: An establishment or business whose maior business is the
provision, to c~tomers, of figure models who are so provided with the intent of prvviding
sexual stimulation or sexual gratification to such customers who eng3acle in *specified
sexual activities' or display "specified anatomical areas" while being observed, painted.
painted upon, sketched, drawn, sculptured, photo(]raphed, or otherwise depicted by s,~ch
customers.
(12) Adult Motion Picture Arcade: Any building or place to which the public is allowed or
invited in which coin or slug-operated or electronically1 electrically or mechanically
contro;led still or motion picture machines, r~roiectors, computers, or other imac~e-
producing devices that show images to five or fewer Persons per machine at once, and
where the ii, ages so displayed are distinguished or characterized by an emphasis on
depicting or describin~l "sPecified sexue! e~ivities" or "specified anatomical areas."
(13) Adult Motion Picture Theaters: A business premises within an enclosed building with a
capacity of 50 or more Persons used for presenting visue! media material if said business__
as a prevailing prectic-e excludes minors by virtue of age, or if said material is
distinguished or characterized by an emphasis on the depiction or descriptio,, of
"specified sexue! activities" or "~pecified anatomical areas" for observation bv oatrons.
7
(14)
Adult Novelty Business: A business that has as a principal activity the sale of materials
or devices that stimulate human genitals or devices desil:lned for sexual stimulation or
which der)ict or relate to "specified sexual.activities" or 'specified anatomical areas.'
Adult Sauna/Steam Room/Bathhouse: A sauna/steam room/bathhouse that excJ,_,des
minors because of age, or which provides a steam bath or heat bathing room used for
bathinn, pleasure, relaxation, or reducin¢3, utilizin- steam or hot air as a cleaning, relaxin~
or reducin¢; a;3ent, if the service provided by the sauna/steam room/bathhouse
distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
Licensed family day*care home. licensed arouo family d~ly-cere home, licensed child..c~am
center:. A facility holding a license from Ramsey County or Minnesota pum,_,=_nt to Minnesot=
Statutes, Chapter 245A, and/or Minnesota Rules, Chapter 9502 or Chapter 9503, aS amended
Minor:. Any natural person under the age of eii3hteen (18} wars.
Nudity: The showing of the human male or female I;enite!$ or pubic area with !e_~$ than a fulh!
opaaue covering: the showina of the female breast with less than a fully opaque covering of any
portion thereof below a point immediately above the top of the areola; or the depiction or showing
of the covered male genitals in a discernibly turgid state.
Public Library: Any library that provides free access to all residents of a city or county without
discrimination and is organized under the provisions of Minnesota Statutes, Chapter 134.
Public Park: A park. reservation, open space. ~)lavaround, beach, or recreation or community
center in the city owned, leased, or used, wholly or in part, by a city, county, state, school distri.'~
or federal government for recreation purposes.
Place of Worship: A building or space that is principally used as a place where people of the
same faith or religion regularly assemble for worship
School: A building or space that is principally used as a place where twenty-five (25) or more
persons receive a full course of educational instruction. Any post-secondary or post-hiah school
educational buildin;I, including any colleae or any vocational-technical college, shall not b~
deemed a school for purPoses of this ordinance.
Sexually-Oriented Business: An adult book store, adult body painting studio, adult car wash,
adult cabaret, adult hotel or motel, adult companionship establishment, adult motion picture
theater, adult mini-motion picture theater, adult massage pador, adult entertainment facility, adult
health or sports clubs, adult novelty business, adult modeling studio, or adult sauna as defineri
herein. Activities classified as obscene as defined by Minnesota Statutes §617.241 are not
lawful and are not included in the definition of adult uses.
Specified Anatomical Areas: Anatomical areas consisting of:
Less than completely and opaquely covered human genitals, pubic region or pubic hair,
buttock, anus, or female breast or breasts below a point immediately above the top of
the areola or any combination of the foregoing; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
Specified Sexual Activities: Activities consisting of the followina:
(11 Actual or simulated sexua! intercourse, oral copulation, anal intercourse, oral-anal
copulation, bestiality, direct physical stimulation or fondling of unclothed genitals, pubic
region, buttock or female breast, flagellation or torture in a sexual relationship, or the
use of excretory functions in a sexual relationship, and any of the following sexually-
oriented acts or conduct: anilin~us, buaaerv, coprophagy, coprophilia, cunnilinaus.
fellatio, neca-oohilia, pederasty, pedophilia, oiauerism, s~__nohism, sodomy, zooerasN: or
~ Human genitals in the state of sexu_a~ stimulation, arousal or tumescence: or
{3) Use or a_~s of human or animal eieculetion, sexual intercourse, sodomy, oral
Copulation, coitus, or masturbation; or
~41 Fondlina or touching of human genitals, oubic region or pubic hair, buttocks, or female.
breast or breasts: or
(5) Situations involving a person or persons, any of whom are nude, clad in
undergarments or in sexually revealing costumes, who ara engaaed in activities
involving the flagellation, torture, fettering, binding or other physical restraint of any
~61 Erotic or ~¢wd touchina, fondling or other sexually-oriented conta~ with an animal by a
(7) Human excretion, urination, menstruation, vaginal or anal irfiaation; or
Any combination of the above,.
c. Licenses.
License Required. No person, firm, or corporation shall own or operate an adult use or
sexually-oriented business in Maplewood without having first secured a license a.s
provided herein. Licenses shall be one of two tvoes:
~ Adult Use Pfindpal
{b) Adult Use Accessory
p, pplications. The city shall prepare an application for an adult use princioal or
sexually-oriented business license. This application shall include:
~a) The name, residence, phone number and birthdate of the applicant, if an
individual; and if a corporation, the names, residences, phone numbers and
birthdates of those owners holding more than five percent (5%) of the issusd and
outstanding stock of the corporation.
~b) The name, address, phone number and birthdate of the operator and manager of
such operation, if different from the owners;
~ The address and legal description of the building, establishment or premises
where the adult use or sexually-oriented business is to be located;
9
A statement detailina each gross misdemeanor or felony relating to e sex offense
and/or the operation of adult uses and related activities of which the applicant or,
for a corporation, the owners of: more than five percent (5%) of the outstandina
stock of the corporation, have been convicted, and whether the applicant has ever
aD~)lied for or held a license tO operate a similar tvoe of business in other cities.
The activities and types of business to be conducted;
The hours of o~)eration;
The ~)rovisions made to restrict access bY minors;
J.b.) A buildina plan of the premises detailing all intemal operations and activities;
description or building plan that details all proposed interior and exterior
chancres to an existino buildina or structure.
3_. License Fees.
Each application for a license shall be accompanied by a receipt from the city
finance director for Payment in full of the required application and investigative fee
for the license as established by the city council. All fees shall be paid into th~
general fund of the city. Upon reiection of any applications for a license, th~
finance director shall refund the amount paid.
(b)
All licenses shall expire on the last day of December in each year. The city shall
issue each license for one (1) year, except that if part of the license year ha-,
elapsed when the application is made, the city may issue a license for the
remainder of the year for a prorated fee. In computing such fee, the city shall
c,.ount any unexpired fraction of a month as one (1) month.
The annual fee for an adult-use er sexually-oriented business license shall be a_~
established by the city council.
(d)
No part of the fee paid by any license issued under this ordinance shall be
refunded except in the followin~l instances upon application to the city manager
within thirty (30) days from the happening of the event. The city shall refund"
I~rorated ~)ortion of the fee for the unexpired period of the license, computed
monthly, when operation of the licensed business ceases not less than one (1)
month before expiration of the license because pf:
Destruction or damage of the licensed premises by fire or other catastrophe;
The licensee'~ illness;
The licensee's death;
A change in the legal status making unlawful for the licensed business to
continue,
(e)
Each application shall contain a provision on the application in bold print statinll
that any withholding of information or the providing of false or misleadinn
information will be grounds for the denial or revocation of a license. Any change.~: _-
in the information provided on the application or provided during the investigation
shall be reported to the city council by the application or licensee. If said changes
take place during the investigation, the data shall be provided to the director of
]0
ublic safe or ci mana er in writin and the shall re orr the an es to the
city council. Failure to report said cham3es by the apolicant(s) or the licensee may
result in a denial or revocation of a license;
4_.. Grantinl:l of License.
(a~ The ci hall investi ate all fa s set out in the a lication. After the ci finishes
· sinvesti ati n theci shall holda ublichearin an hall iv eve o etobe
heard for or a ain t the rantin of the license a chance to resent their views.
After the investigation and public he-*-='in;I, the city council shall grant or refuse the
(b~ The ci shall on issue the license to the a Ii nt. The license shall ot be
transferred to another holder, The city shall only issue each license for the
remises or location described in the a lication. No license ma be transferred
to another place without the approval of the City Council.
5. Persons Inelil:lible for License. The city shall not flrant a license to nor may one be,
held by any person who:
(a~ Is under twenty-one (21) years of al;e.
Has b==n convicted of a felony or of violatin;I any Minnesota law.
Is not the proprietor of the establishment for which the license is issued.
Has not paid the license and investil:lative fees required by this ordinance.
Is not a citizen of the United States.
6_. Places Ineligible for License.
No license shall be ranted for adult uses or sexuall -oriented business on an
(a~ premises where a licensee has been convicted of a violation of thi~ Chapter. or
where an license hereunder has been revoked for cause until one 1 ear has
elapsed after such conviction or revocation.
(b~ E.x¢~_pt uses lawfully existing at the time of this Ordinance adoption, no license
shall be ;iranted for any adult use or sex,_,e!ly-odented business that does not.
meet all city code requiren~ents, all buildin;I and fire code requirements and ull
provisions of state and federal law~
7. Nonconforminl:l Uses. Any adult use or sexually-oriented business existintq on the
-- effective date of the adoption of this ordinance may be continued subject to the
followinp provisions.;
~ No such ;dult use or sexually-oriented business shall be expanded pr enlarcied
except in conformity with the provisions of this ordinance;
(b~ A noncoi~formin;i adult use or sexually-oriented business shall be reauired to
ar)ply for and receive an adult use license from the city. The city does not ~quire
a_public hearinl:l before is-~uinl:l a license for the nonco,-,;orminR adult use or
sexually-oriented business~
Conditions of Ucense - Generally.
Every license shall be Rranted subject to the conditions in the followinR
subdivisions and all other provisions of this chapter, and of any applicable
;ections of the Maplewood City Code. state and federal law.
All licensed premises shall have the license ~x)sted in a conspicuous place.
~c~ No minor shall be allowed in or on the premises of an adult use or sexually-
oriented business.
Any desi~lnated inspection officer or law enforcement officer of the City shall have
the riaht to enter, inspect, and search the premises of a licensee durinl:l business
hours.
~). Every licensee shall be responsible for the conduct of their place of business and
shall maintain conditions of this ordinance and the city code.
No adult Roods, materials or services shall be offered, sold, transferred.
conveyed, Riven, displayed, or bartered to any minor.
L Conditions of Ucense - Adult Use Principal.
The city permits adult use principal and sexually-oriented businesses only in the M-1
(light manufacturinR) and M-2 (heavy manufacturing) zoning districts subiect to the
followina conditions:
(b)
No adult use principal or sexually-oriented business shall be located closer than
1,000 feet from any other adult use principal or sexually-oriented business.
Measurements shall be made in a straight line1 without rel:lard to interveninR
structures or objects, from the nearest Point of the actual business premises of
the adult use principal or sexually-oriented business to the nearest point of the
· actual business premises of any other adult use principal or sexuallY-Oriented
business.
No adult use principal or sexually-oriented business shall be located closer than
350 feet from any residential lot line, place of worship, school. ~)ublic park. ooen
space, licensed family day-cam home, licensed Rroup family day-care home,
public library, or licensed child-care or day-care center in Maplewood.
Measurements shall be made in a straight line, without reRard to interveninc~
structures or obiects, from the nearest Point of the actual business premises of
the adult use principal or sexually-oriented business to the nearest ~)roperh, line of
the premises or buildinR used as a dwelling or residence, place of worship,
school, Public park, open space, licensed family day-care home, licensed Rroup
family day-care home. ~)ublic library, or licensed child-care or day-cam center.
No adult use principal or sexually-oriented business shall be located closer than
350 feet from any residential lot line. any residential zoninc~ district or any
residential planned unit development (PUD) in Maplewood. Measurements shall
be made in a straiRht line, without reRard to interveninR structures or obiects, from
the nearest point of the actual business premises of the adult use or sexually-
odented business to the nearest residential lot line, boundary of the residential
zoninc~ district or ~)lanned unit development (PUD).
]2
All adult uses and sexually-oriented businesses must follow all of this code.
The city prohibits any building owner or operator from having more than one (1) of
the followinn uses, tenants or activities in the same building or structure:
Adult Body Paintina Studio
Adult Book Store
Adult Cabaret
Adult Comp=_nionship Establishment
Adult Entertainment Facility
Adult Hotel or Motel
Adult Modeling Studio
Adult Sauna/Steam Room/Bath House
Adult Motion Picture Theater
Adult Mini-Motion Picture Theater
Adult Massage Parlor
Adult Health/$oorts Club
Adult Novelty Business
Any business or establishment in which there is an emphasis .on the
presentation, display, depiction, or description of "specified sexual activities" or
"specified anatomical areas" that the public could be see.
An adult use principal and sexually-oriented businesses shall not sell or dispense
nonintoxicating or intoxicatin,q liquors, nor shall it be located in a building that
contains a business that sells or dispenses nonintoxicating or intoxicatina liauors.
No adult use principal and sexually-oriented businesses entertainment shall
en~3a!:le in any activity or conduct or permit any other person to enpa~3e in ~.,~¥
activity or conduct in or about the adult use establishment that is prohibited ~y any
~rdinance of Ma~)lewood, the laws of the State of Minnesota, or the United States
of America. Nothing in this ordinance shall be construed as authorizing or
~)ermittin~ conduct that is prohibited or regulated by other statutes, ordinaflces,
including but not limited to statutes or ordinances prohibiting the exhibition, sa;e or
distribution of obscene material oenerallv, or the exhibition, sale or distribution of
specified materials to minors.
No adult use principal or sexually-oriented businesses shall be conducted in any
manner that permits the perception or observation from any ~)ro~)erty n<)t aD,roved
as an adult use of any materials depicting, describing or related to "S~)ecified
Sexual Activities" or "Specified Anatomical Areas" by any visual or
including display, decoration, sign, show window, sound transmission or other
means.
All adult use principal and sex,_,=_lly-oriented businesses shall prominently disl31av a
sign at the entrance and located within two feet of the door-opening device of the
adult-use establishment or section of the establishment devoted to adult books .o..r
materials which states: "This business sells or displays material co~a;ninc! adult ....
themes. Persons under a~3e 18 vears of age shall not enter."
No person under the age of 18 shall be permitted on or in the premises of an adult
use or sexually-oriented business establishment. No person under the aQe of 18
shall be permitted access to material displayed, offered for sale. c~iven,
transferred, conveyed or rented bv an adult vse er sexually-oriented b~siness.
Adult use principal and sexuallv,~orientad businesses shall not be open between
f~he hours of 1:00 a.m. and 8:00 a.m. on the days of Mondav throuah Saturdav.
nor between 1;00 a.m. and 12:00 noon on Sunday.
.10. Conditions of License - Adult Use ACCeSSOry.
The city may issue adult use accessory licenses to businesses or establishments
located in the BC. $C (shoooina center1 and M-1 Zonina Districts subject to the following
requirements:
The adult use - accessory shall comprise no more than twenty (20) Dement of the
floor area, or up to 500 square feet, whichever is smaller, of the establishment,
st)ace, structure or building in which it is located.
Display areas for adult movie or video tape rentals or other products shall be
restricted from ~leneral view and shall be located within a separate room, for
which the access is in clear view and in the control of the person responsible for
the operation,
Macmzines and publications or other similar products classified or qualified as
adult uses shall not be accessible to minors and shall be covered with a wrapper
or other means to prevent display of any materials other than the publication title.
Adult use - accessory shall be prohibited from both intemal and external
advertisin(3 and sicminc~ of.adult materials and products.
11. Revocation, Suspension or Nonrenewal cf license,
The city council may revoke, suspend, or not renew a license upon
recommendation of the city manager that shows the licensee, its owners,
manaoers, em~)lovees, agents or any other interested parties have engaged in
any of the following conduct:
1/.!.) Fraud. decer)tion or misrer)resentation about securing the license.
Habitual drunkenness or intemperance in the use of drugs including, but not
limited to, the use of drugs defined in Minnesota Statutes, Section 618.01,
barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or
other sedatives, deoressants, stimulants or tranquilizers.
Enl:la~3in{3 in conduct involving moral turpitude or permitting or allowing others
within their emr)lov or ac3encv to enoac~e in conduct involving moral turpitude
or failing3 to orevent agents, officers, or eml~lovees in en~3ac~in{3 in conduct
involvinu moral turoitude.
Failure to follow any requirements of the ordinances of Maplewood about
sanitary and safety conditions, zoning requirements, building code
requirements or ordinances, the violation of which involves moral turpitude,
or failure to follow the requirements of this ordinance.
]4
L
(51 Conviction of an offense involving morel turpitude.
The certificate holder may appeal S,_~A suspension, revocation or non-renewal to
the city council. The council shall consider the appeal at a regularly scheduled
public heating on or after ten days from service of the notice of appeal to the city
mana~ier. At the conclusion of the headnu, the council may order'.
That the revocation, ;-u~pension or Nonrenewal be affirmed.
2~. That the revocation, suspension or Nonrenewal be lifted and that the
c~ertificate be returned to the certificate holder.
3~ The council may impose, at their discretion, any additional terms, c~0nditions
or stipulations for the _~u_~pension or issuance of the certificate.
$ian Restrictions.
The followina sign regulations shall apply to all adult use and sexually-oriented
businesses in the city. These regulations are to protect children from exposure tu sexually-
eriented or shockina sians and materials and to preserve the value of property near adult
USe and sexually-oriented businesses. These regulations are aside from any other provioion
of the city code.
1. All signs shall be fiat wall or freestanding sians. No signs shall be located on the roof,
or contain any flashina lights, moving elements, or electronically or mechanically-
chan~ling messages.
2. The city's sien regulations for the zoning district where the business is located shall
ret:lulate the amount of allowable sign area and the number of allowed signs for an
adult use or sexually-oriented business.
3_. No merchandise, photos, or pictures of the products or entertainment on the premises
shall be displayed in window areas or any area where they can be viewed from the
sidewalk or public right-of-way adjoining the building or structure in which the adult use
or sexually-oriented business is located.
4_. No signs shall be placed in any window. A two (2) square-foot sign may be placed on
the door to state hours of operation and admittance to adults only.
penalty.
Any person v!o!ating any provision of this ordinance is guilty of a misdemeanor and upon
conviction shall be punished not more than the maximum ,.ne_nalty for a misdemearlor as
prescribed by state law.
If an'~, section, subsection, sentence, clause or phrase of this code amendment is for any
me_<on held to be invalid, such decision shall not affect the validity of the remaining portions
of this code amendment. The council declares that it would have adop[ed the code
amendment and each section, subsection, sentence, clause or phrase of it, ;~esp~,ctive of
the fact that any one or more sections, subsections, sentences, clauses or phrases are
~ECTION 2. T~iS section adds the followina to the Maplewood City Code:
~ec. 36-186 (131 Adult Use Principal, Sexually-Oriented Businesses and Adult Use Acoessorv
tubiect to l;he reauirements in Chapter 17.
SECTION 3. This ~ion adds the followina to the Ma;)lewood Citv Code:
~¢. 36-173(a~(12)
.{:12) Adult Use Acoessow.
The city may issue adult ~se a~,~'?-~sorY licenses to businesses or establishments
located in $0 (shoppinn center) Zonina District subiect to the reCluirements in Chapter 17
lllnd the followina rec3uirements:
a. The adult use - a~ess<;)ry shall comprise no more than fifteen (151 Dement of the
~gPr area of the establishment or buildina in which it is located.
Display areas for adult movie or video tape rentals or other similar products shall
be restricted from Reneral view and shall be located within a separate room, the
#cce_~s of which is in clear view and under the control of the person responsible
for the operation.
Co
Ma~=__~ines and publications or other similar products classified or qualified as
tadult uses shall not be accessible to minors and shall be covered with a wrapper
er <)that m~-ns to prevent display of any materials other than the publication ~ifle.
cl. Adult use - e~ece_ ss0rY shall be prohibited from bof~h intemal and extemal
lldvedisina and sic]nine3 of adult materials and oroducts.
eo
The city also shall apply all applicable pads of Chapter 17 of the city code when
considering an adult use aCCeSSory license request in the SC z0ninc~ district.
SECTION 4. This ordinance shall take effect after the city council approves it and the official
l~ewspaper publishes it.
The Maplewood City C.4)uncil approved this ordinance on
p:l ladult2.mem
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