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HomeMy WebLinkAboutNo 319 Amending the Zoning Code of the Municipal Code of the Vilage of Maplewood, Ramsey County, Minnesota Pertaining to General Regulations Under Section 912ORDINA14CE NO. 319 An Ordinance Amending The Zoning Code of the Municipal Code of the Village of Maplewood, Ramsey County, Minnesota Pertaining to General Regulations Under Section 912 THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLL0I,S: Section 1. The zoning code of the Village of Maplewood is amended by adding to Chapter 912, the following Sections: 912.110. SWIMMING POOLS. a) Poole of 5,000 gallons rr more capacity shall not be located within 10 feet of any side or rear lot line nor within 6 feet of any principal structure or frost footing. Pools shall not be located within any required set back from any ;public streets. b) Pools shall not be located beneath overhead utility lines nor over under- ground utility lines of any type or within 15 feet of any such utility lines< c) Pools shall rot he located within any private or public utility, walkway. drainage, or other easenent. d) In the case of in -around pools, due precautions shall be taken during the construction period to: 1. Avoid damage, hazards, or inconvenience to adjacent or nearby property. 2. Assure that proper care shall be taken in stockpiling excavated mater- ial to avoid erosion, duet, or other infringement ontc other adjacent property. e) To the extent feasible back-flush water or water from pool drainage shall he on the owner's property or into approved public drainage ways. Such water shall not drain onto adjacent or nearby private land. f) The filter unit, pump, cleaning unit and any other noise making, mechanical equipment shall be located at least 30 feet from any adjacent or nearby res- idential stntcture and not closer than 10 feet to any lot line. In all cases, noise from such shall. not be detectable at any property line and if detectable, shall be enclosed in an improved sound resistant enclosure. g,) Lighting for the pool shall be directed into or onto the pool and not onto adjacent property. h) A safety fence set back a distance of at least 4 feet from the edge of the water surface or pool s?de of a non-climable type of at least 4 feet in height shall completely enclose the pool from ground level up to the minimum 4 foot height. i) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Hater shall be subject to periodic inspection by the Cormur:ity Health Officer. J) All wiring, lighting, installation of heating unit, grading, installation of pipes and all other installations and construction shall require appropriate permits and shall be subject to inspection by public inspectors. k) Climbable facilities of any kind which could be utilized in any way shall be kept set back a minimum of 5 feet from the outside edge of all safety fences or pool -side walls surrounding swimming pools. 1) Any proposed deviation from these standards and requirements shall require a variance in accordance with the normal zoning procedures. m) Safety fencing during construction of in -ground pools shall be provided during all phases of construction. n) Required safety fencing shall be completely installed within 3 weeks follow- ing installation of the pool and prior to pool being filled or prior to final occupancy inspection. o) Nuisances, such as undue noise, lighting onto adjacent property, health and safety hazards, damage to nearby vegetation and the like are hereby pro- hibited. p; Filling of pools via fire hydrants and other public means shall require public approval. q) Drainage of pools onto public streets or other public drainase wave shall require approval by the appropriate public official. 912.120. SidIMMINC POOLS IN MTLTIPLE FAMILY ARFAS. Pools in nultiple family areae that is zoned for residential structures containing three or more dwelling units shall be subject to the following restrictions: a) No part of the water surface of the Fwdmming pool shall be less than 50 feet from any lot line. b) No pump, filter, heating units or other apparatus used in connection with or to service a swimming pool shall be located less than 50 feet from any lot line. c) All deck areas, adjacent patios or other similar areas used in conjunction with the swirming, pool shall be located not closer than 30 feet to any adjacent single family lot line. J) Adequate screening„ including, both fencing and landscape treatment shall be placed between said areas and adjacent sinrle family lot line. .Section 2. Section 912.130 is hereby added to read as follows: section 912.130 4AXT4VY NEICET OF FENCES. Fences surrounding an entire propetty for purpose of enclosing the lot or tract shall be limited to a maximum height of b feet, subject to determination by the building inspector as to whether the portion of such fence which is on the front yard 30 -toot setback area of the site constitute* an impairment to clear vision for traffic purposes or impairs the view from neighhor- inR properties in such a manner as to constitute a so-called ''spite fence." In any case, when such fence in the front yard area can reasonable be considered an obstruct- ion to vision affectinq traffic in the public street or from neighboring properties, the height shall be only such as is determined by the building inspector to be accept- able, In making such determination, the building inspector may request advice and infornntion from both the Village engineer and the police chief, or persons repre- senting these officials, and their opinion shall be given in writing to the building Inspector to be retained by him as part of his permanent record. Section 3. Section 912.140 is hereby added to read as follows: Section 912.140. *BILE DWELLINCS. Special permits shall be required for the placing of a house trailer or mobile home on a property for temporary use as a dwelling. Said temporary use permit shall not exceed 90 days from the date of issuance. Section 4. Section 912.160 is hereby amended to read as follows: Section 912.160. PAP.RING SPACE. Nor lone than 2 off-street parking spaces, consisting, of at least 240 square feet each, with proper access from a street or alley, shall be provided on any lot on which n main building is hereafter erected, and the following types of uses shall provide additional off-street parking space, as indicated, unless otherwise authorized by the Village Council, which parking space shall have proper access from a street or alley and shall be located on or near the lot on which such use is situated: 1. Single family dwelling be 2 spaces as provi0ed: 2. Aultiple dwelling: 2 spaces for each housekeeping: unit. 3. Hotel or tourist cabin court 4. Restaurant, cafe or tea room space devoted to patron use. I space 'or each rental room or suite. 1 space for each 50 square feet of floor 5. Theater, auditorium, churches or other place of public assemblage: a minimum of one space for every twelve se:<ts. Schools must have a minimum of one space for every twenty auditorium seats. 6. Commercial, office or recreational building use, other than those specified above, having a total floor on ground area of more than 1,000 square feet: 1 space for each 20C square feet, or portion thereof, of ground or ground -floor area, plus one space for each 300 square feet, or portion thereof, of upper floor area, in excess of 1,000 square feet. 7. %tanufacturinn establishments: 1 space for each 4 employees. Off-street parking facilities existing at the effective date of this ordinance shall not sub- sequently be reduced to an amount less than that required under this ordinance for a similar new building or use. Off-street parking facilities provided to comply with the provisions of this ordinance shall not subsequently be reduced below the requirements of this ordinance. Nothing herein shall be construed to alter or amend any provision for off-street parking contained in Section 908 for General SC, shopping Center districts. Section 5. Section 912.041 is hereby added to read as follows: Section 912.041. ROUSES ON LOT. No building shall hereafter be placedupon a single lot so that there shall be a dwelling, house in the rear of another house with the sane frontage except by special permission by the Governing body. Section b. Section 912.170 is hereby added to read as follows: Section 912.170. DEFINITION OF SETBACKS. The space between any part of a dwellingor apartment and the property line shall be deemed a side yard or a setback as the term might apply. The term "any part of a dwelling, or apartment house" shall include vestibules of any other construction which is a part of or attached to the building except chimneys and fireplaces projecting not more then twelve(12) Inches. The measurements for side ,yard space or setback shall be made between the side lot line or the front lot line and the part of the building nearest to it and shall be made on a line perpendicular to the side or front lot line. The measurements shall be made at the grade level, at the building. and the cornice or eave projection small not affect the case unless the projection is over two (2) feet from the face of the building. If the cornice or save projection is over two (2) feet, an amount shall be added to the required space equal to the difference between the cornice or eave projection and two (2) feet. Section 7, This Ordinance shall be deemed a part of the Municipal Code of the Village of Maplewood, Minnesota, and shall be incorporated therein at the time of the next revision of said code. This ordinance shall take effect and be in force after its passage. approval and publication. Passed by the Village Council of the Village of Maplewood, Minnesota, this 22nd d,v of June, 1972. 4,0 lf0 Ayes - / Nays - 0 - OR OI NANCE NO. 319 An Ordinance Amending The Zoning Cade W the Municipal Code W the Vi"ge of Ma Iewood, Ramsey County, Minnesota Pertaining t0 General Regulations Under Section 912 AFFIDAVIT OF PUBLICATION THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES HEREBY ORDAIN AS. FOLLOWS: Section 1. The zoning code of the Village W Maplewood is amended by adding to Chapter 912, the following Sections: M» p}p uuTi$V1G. 91ions: SWIMMING POOLS. ('kate a) Pools of 5,000 gallons or more capacity shell not Pe located within 10 feet M any side or rear lot line nor aunty Of Ram By within 6 feet of any principal structure or frost footing. Paola shalt not be located within any required set back - from any public streets. rm��he� ..................................N�..Toa..• ♦Iilhe.......................... being duly sworn, on oath says b) Pools shall not be located beneath overhead utility lines nor over underground utility lines W any type or he id during all thetimesherein stated has been theHeat Publisher within 15 feet of any such utility lines. .............f........... ........... ........................... c) Pools shall not be located within any private or public utility, walkway, drainage, or other publisher antl printerW the newspaper known as Maplewood Review, re sabot. d) In the case of in-ground pools, due precautions and has full knowledge of the facts herein stated is follows: (1) Said newspaper is printed in the shall be taken during the construction period to: English language in newspaper format and in column and sheet form equivalent in printed space to at 1. Avoid damage, hazards, or inconvenience to ad- least 900 square inches. (2) Said newspaper is a weekly and is distributed at least Once each week. lacent or nearby property; (3) Said newspaper has SO percent of Its news columns devoted t0 news of local Interest 10 the cam munity which It purports to serve and does not wholly dupplicate any other publication and Is not made 2. Assure that proper care shall be taken in stock up entirely of patents, plate matter and advertisements. (4) Said newspaper Is circulated In and near piling excavated material to avoid erosion, dust, Or the municipality which It purports to serve, has at least 500 copies regularly delivered to paying other infringement onto other adjacent property, subscribers, has an average of at least 95 percent of Its total circulation currently paid or no more than e) To the extent feasible, back-flush water Or water three months in arrears and has entry as second-class matter in Its local cost-office. (52 Said newspgger from pool drainage shall be on the owner's property or purports to serve the Village W Maplewood in the County of Ramsey and it—has its -known oHi into approved public drainage ways. Such water shall of Issue in the Village M North St. Paul in sold county, established and Open during Its regular rot drain onto adjacent or nearby private land. business hours for the gathering of news, sale W advertisements and sale of subscriptions and maim f) The filter unit, pump, cleaning unit and any other tained by the publisher of said newspaper or persons in his employ and subject to his direction and noise making mechanical equipment shall be located at control during all such regular business hours at which said newspaper is printed. (6) Said news- least 30 feet from any adjacent Or nearby residential paper files a copy W each Issue immediately with the State Historical Society. (9) Said newspaper has not closer than l0feettoany lot line. In all compiled with all the foregoing conditions for at least two years preceding the day or dates W publi- structureand Cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior cases, noise from such shell not be detectable at any to January 1, 1%6, and each January 1 thereafter an affidavit in the form prescribed by the Secretary Property line and if detectable, shall be enclosed in an M State and signed by the publisher and sworn t0 before a notary public stating that Me newspaper Is improved sound resistant enclosure. a legal newspaper. g) Lighting for the pool shall be directed Into Or Onto .,,z Z e Oh41.PAnov. No,a„J..9 the pool and not onto adjacent property. He further states On oath that the printed ..... .................................. h) A safety fence setback a distance of at least 4feet from the edge of the water surface or pool side of a non- .............................................................. hereto attached as part hereof was cut from the columns climbable type of at least 4 feet In height shall corn W said newspaper, and was printed and published therein In the English language, Once each weak, for pletely enclose the pool from ground level up to thesy. Oris................ minimum 4 foot height. .................... successive weeks; that if was first so publ Ished on Wednesday the - . . Y . . . . I) Water in the p00I shall be maintained in a suitable manner t0 avoid health hazards W any type. Water m T dayof..................................... .......................W1972andwasthereafferprinfedandpub- a1. shall be subject to periodic inspection by the Com- munity Health Officer. Iished on every Wednesday t0 and including Wednesday the .................. da,of.................................... 1) All wiring, lighting, Installation of heating unit, grading, Installation of pipes and all other Installations and construction shall require appropriate permits and ... ................ 19.... and that the following is a printed copy of the lower case alphabet be subjectti public inspectors. shall besubjectfolities from A to Z, both inclusive, and is hereby acknowledged as being the size and ,kind of type used In faby k) facilities any kind which could be the composition and publication of Saitl rtMke,fowit utilized in any way shall be kept set back a minimum W a bcdefghilkynnopgrstuvwxyz 5 feet from the outside edge of all safety fences or pool side walls surrounding swimming Pools. U Any proposed deviation from these standards and requirements shall require a variance in accordance ....................... I........I ......................................... with the normal zoning procedures. m) Safety fencing during construction Of in ground l +y ♦•.ter vv Subscribed and sworn to before me this ... 19.yµ. .day0f Y41 19., 2 p0015 shall be provided during all phases M con- Y i . stn) Re n) Required safety fencing shall ll completely of ..... - ... ....... .. SSfrp I ................... stalled within 3 weeks following installation of the pool � �ICF', 4T and prior to pool being filled or prior to final occupancy Notary public, ........ .. ,$., ,E,,NR „ ,„,„, County, Mlrmaa0ta inspection. Notary Public, Ramsey County, Minn. o) Nuisances, such as undue noise, lighting onto damage My Commission Expil"my rvly'CO1tImIS570n' ExpiMs Sept- 6� i97$ 19.. adjacent property, health and safety hazards, to nearby vegetation and the like are hereby prohibited. p) Filling of pools via fire hydrants and other public means shall require public approval. q) Drainage of pools onto public streets or other Public drainage ways shall require approval by the appropriate public official. 912.120. SWIMMING POOLS IN MULTIPLE FAMILY AREAS. Pools in multiple family areas that is zoned for residential structures containing threeor more dwelling units shall be subject to the following restrictions: a) No part of the water surface of the swimming pool shall be less than 50 feet from any lot line. b) No pump, filter, heating units or other apparatus used in connection with or to service a swimming pool shall be located less than 50 feet from any lot line. c) All deck areas, adjacent patios or other similar areas used in conjunction with the swimming pool shall be located not closer than 30 feet to any adjacent single family lot line. d) Adequate screening, including both fencing and landscape treatment shall be placed between said areas and adjacent single family lot line. Section 2. Section 912.130 is hereby added to read as follows: Section 912.130 MAXIMUM HEIGHT OF FENCES. Fences surrounding an entire property for purpose of enclosing the lot or tract shall be limited to a miximum height of 6feet, subject to determination by the building inspector as to whether the portion of such fence which is on the front yard 30footsetback area of the site constitutes an impairment to clear vision for traffic purposes or impairs the view from neighboring properties in such a manner as to constitute a so-called "spite fence." In any case, when such fence in the front yard area can reasonable be considered an obstruction to vision affecting traffic in the public street or from neighboring properties, the height shall be only such as is determined by the building inspector to be ac- ceptable. In making such determination, the building inspector may request advice and information from both the Village engineer and the police chief, or per- sons representing these officials, and their opinion shall be given in writing to the building inspector to be retained by him as part of his permanent record. Section 3. Section 912.140 is hereby added to read as follows Section 912.140. MOBILE DWELLINGS. Special permits shall be required for the placing of a house trailer or mobile home on a property for temporary use as a dwelling. Said temporary use permit shall not exceed 90 days from the date of issuance. Section 4. Section 912.160 is hereby amended to read as follows: Section 912.160. PARKING SPACE. Not less than 2 off- street parking spaces, consisting of at least 240 square feet each, with proper access from a street or alley, shall be provided on any loton which a main building is hereafter erected, and the following types of uses shall provide additional off-street parking space, as in- dicated, unless otherwise authorized by the Village Council, which parking space shall have proper access from a street or alley and shall be located on or near the lot on which such use is situated: 1. Single family dwelling be 2 spaces as provided. 2. Multiple dwelling: 2 spaces for each housekeeping unit. 3. Hotel or tourist cabin court: 1 space for each rental room or suite. 4. Restaurant, cafe or tea room: 1 space for each 50 square feet of floor space devoted to patron use. 5. Theater, auditorium, churches or other place of Public assemblage: a minimum of one space for every twelve seats. Schools must have a minimum of one space for every twenty auditorium seats. 6. Commercial, office or recreational building use, other than those specified above, having a total floor on ground area of more than 1,000 square feet: 1 space for each 200 square feet, or portion thereof, of ground or ground floor area, plus one space for each 300 square feet, or portion thereof, of upper floor area, in excess of 1,000 square feet. 7. Manufacturing establishments: 1 space for each 4 employees. Off-street parking facilities existing at the effective date of this ordinance shall not subsequently be reduced to an amount less than that required under this ordinance for a similar new building or use. Off- street parking facilities provided to comply with the provisions of this ordinance shall not subsequently be reduced below the requirements of this ordinance. Nothing herein shall be construed to alter or amend any provision for off-street parking contained in Section 908 for general SC, shopping Center districts. Section 5. Section 912.041 is hereby added to read as follows: Section 912.041. HOUSES ON LOT. No building shall hereafter be placed upon a single lot so that there shall be a dwelling house in the rear of another house with the same frontage except by special permission by the governing body. Section 6. Section 912.170 is hereby added to read as follows: Section 912.170. DEFINITION OF SETBACKS. The space between any part of a dwelling or apartment and the property line shall be deemed a side yard or a set- back as the term might apply. The term "any part of a dwelling, or apartment house" shall include vestibules of any other construction which is a part of or attached to the building except chimneys and fireplaces projecting not more than twelve(12) inches. The measurements for side yard space or setback shall be made between the side lot line or the front lot line and the part of the building nearest to it and shall be made on a line perpendicular to the side or front lot line. The measurements shall be made at the grade level, at the building, and the cornice or eave projection shall not affect the case unless the projection is over two (2) feet from the face of the building. If the cornice or eave projection is over two (2) feet, an amount shall be added to the required space equal to the difference between the cornice or eave projection and two (2) feet. Section 7. This Ordinance shall be deemed a part of the Municipal Code of the Village of Maplewood. Min- nesota, and shall be incorporated therein at the time of the next revision of said code. This ordinance shall take effect and be in force after its passage, approval and publication. Passed by the Village Council of the Village of Maplewood, Minnesota, this 22nd day of June, 1972. Lester G. Axdahl Mayor Attest. Lucille E. Aurelius Clerk Ayes Nayes (Review: July 19, 1972)