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Home My WebLink About12.A. Amendment to City Code Chapter 11, Creating a Mixed Use Zone /2.ft. CITY OF SHAKOPEE MEMORANDUM CASELOG NO: 06044 TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Chapter 11, Creating a Mixed Use Zone MEETING DATE: May 16, 2006 INTRODUCTION: On May 2, 2006, Council considered the proposed text amendment creating a new Mixed Use Zone for the first time. During the Council's discussion of the proposed text amendment, some coun~ilors expressed concern that, as presented, the text amendment could result in unwanted conflicts between single-family residential and higher density residential or commercial uses. Staff offered to re-examine the text as presented, and try to come up with some alternatives to address those conflicts. In addition, several councilors expressed a desire to "hear" the input from residents who appeared at the Planning Commission public hearing on May 4th, Staffhad a transcript prepared ofthat portion of the Commission meeting, and a copy accompanies this report forthe Council's information. As a result of the stated concerns, consideration ofthe text amendment was continued to May 16, 2006. Staffhas reviewed the uses permitted of right and with a conditional use permit in the Multiple-family Residential (R-3) Zone and Neighborhood Commercia! (NC) Zone. In addition, staff considered the suggestions contained in the testimony offered by residents. As a result, staff offers the following as alternatives to addressing the Council's concerns. Revise draft City Code Sec. 11.25 creating a Mixed Use Zone by deleting Multiple Family (R-3) Zone uses that would result in a higher density than would be currently allowed in the area. Currently, the area contains properties that bear either R -1 C or R - 2 zoning. The maximum density allowed under the R-1C Zone is 7.5 dwelling units per acre (DUIA), while the R-2 Zone allows up to 8 DU/A. The R-3 Zone allows densities from 8 to 12 DU/A. If the concern is that developments of that density could have a negative impact on existing residential development in the area, the draft text could be revised to restrict residential developments to no more than 8 DU/A. H:\CC\2006\05-16\06044 TXT MIXED USE ZONE CC05162006.doc 1 Revise draft City Code Sec. 11.25 creating a Mixed Use Zone by making residential uses that have a density of8~12 DU/A conditional uses. If the Council wishes to retain the flexibility to, in the future, consider uses that might have a higher overall density than 8 DUIA, it could make those uses subject to CUP approval. The advantage of the CUP process is that it does require individual notice of a public hearing on a CUP request to property owners within 350 feet of the property. If there is a disadvantage, it may be that it implies that a use with those densities would likely eventually be approved, subject, of course, to conditions that should minimize any conflicts with nearby uses. Revise draft City Code Sec. 11.25 creating a Mixed Use Zone by specifically identifying those Neighborhood Commercial (N-C) Zone uses that should not be permitted. The kinds of new uses alluded to in the Council discussion that could pose conflicts if located next to existing residential properties in the area included taverns, restaurants (presumably both those that might serve alcohol or have entertainment and those.having drive-up windows). Based on recent issues addressed by Council, it would not be unreasonable to question the compatibility of 24-hour gas station/convenience stores in some cases. The difficulty posed by simply eliminating these uses is that they already exist in the area, so eliminating them as permitted uses would continue/give them legal, nonconforming status. Given the underlying purposes of the draft text amendment, this alternative is not desirable. Revise draft City Code Sec. 11.25 creating a Mixed Use Zone by specifically identifying those Neighborhood Commercial (N~C) Zone uses that should only be permitted by conditional use permit approval. Because the kinds of uses that may be of concern already exist in the area, perhaps a better alternative would be to permit those uses, but to require CUP review and approval. This process would give individual notice to property owners within 350 feet of the public hearing pertaining to a possible change in use of property. Revise draft City Code Sec. 11.25 creating a Mixed Use Zone by specifically identifying a "change of use/change of occupancy" process that would be required if the use of a property were to change from residential to commercial and or multiple family uses. Shako pee does not currently, but many communities do, have a change of occupancy/use registration requirement and process. An example of one such ordinance and registration form from the City of Prior Lake accompanies this report. An alternative approach could be to institute such a requirement, either for the mixed use zone or for the City in its entirety. Analogous to the handling of home occupation pennits, notice of a change in the type of use could be sent to adjacentproperty owners. Ifobjection were raised,. the registration process would then be sent to the Board of Adjustments and Appeals for decision. Appeal of that decision would, of course, be to the City Council. H:\CC\2006\OS-16\06044 TXT MIXED USE ZONE CCOS162006.doc 2 ALTERNATIVES: 1. Offer and pass a motion directing staff to revise draft City Code Sec. 11.25 creating a Mixed Use Zone by deleting Multiple Family (R-3) Zone uses that would result in a higher density than would be currently allowed in the area. 2. Offer and pass a motion directing staffto revise . draft City Code Sec. 11.25 creating a Mixed Use Zone by making residential uses that have a density of 8-12 DB/ A conditional uses. 3. Offer and pass a motion directing staff to revise draft City Code Sec. 11.25 creating a Mixed Use Zone by specifically identifying those Neighborhood Commercial (N-C) Zone uses that should not be permitted. 4. Offer and pass a motion-directing staff to revise draft City Code. Sec. 11.25 creating a Mixed Use Zone by specifically identifying those Neighborhood Commercial(N-C) Zone uses that should be permitted by conditional use permit 5. Offer and pass a motion directing staff to revise draft City Code Sec. 11.25 creating a Mixed Use Zone by specifically identifying a "change of use/change of occupancy" process that would be required if the use of a property were to change from residential to commercial and or multiple family uses. 6. Table the item for additional information. ACTION REQUESTED: Offer and pass a motion or motions directing staff to prepare a revision(s) for action by the Council at its meeting of June 6, 2006. ~~~ R. Michael Leek Comnmnity Development Director H:\CC\2006\05-16\06044 TXT MIXED USE ZONE CC05162006.doc 3 Sec. 36-32. Registration of land use. (a) Approval required; exceptions. (1) No person or business shall use or occupy any land or building within the city without first obtaining approval of a registration of land use for the proposed use. (2) Exceptions: a. When a certificate of occupancy or certificate of property maintenance is issued as required by chapter 6 of this Code. b. When a permitted office use replaces an existing office use, provided the total office area of the building does not change in size. (b) Responsibility. Both the property owner and the lessee shall be responsible for securing the registration of land use required by this section, (c) Application and information. The applicant shall provide the following information to determine compliance with this section: (1) Site address. (2) Present use. (3) Proposed use. (4) Size ofuse(s). (5) Site plan - if necessary. (d) Approval of the registration of land use. The city shall approve the registration of land use provided thatthe use is legal per this chapter and complies with the comprehensive plan and all state codes and licensing requirements. Once the registration of land use has been approved, the use shall be permitted to occupy the land or building. (e) Revocation of a registration of land use. Any false statement or factual material submitted to the city for approval of a registration of land use shall automatically revoke the registration ofland use. After the city has determined that false information was received, the city shall notify the owner and lessee that the registration has been revoked. The notification shall also include that they have ten days to either obtain a new registration of land use or terminate use of the land or building. If the use continues without a valid registration of land use, both the landowner and tenant shall be guilty of violating this section. (Code 1976, SS 14:8..2.0--14:8-2.9; Ord. No. 2202-01, S 2, 8-20-2001; Ord. No. 2218-02, S 2,2- 4-2002) Draft Partial Transcript of May 4, 2006 Shakopee Planning Commission Meeting (The following is a draft transcript prepared for the City Council's information and use in connection with the May 16, 2006 discussion of the Mixed Use Text Amendment. This does not constitute the official minutes of the meeting. The official minutes will be ina different format, and are still being prepared. Because the Council indicated a desire to learn the neighbors comments, and because of time constraints for preparation of this document...andfor those reasons only...only the testimony of the residents is reported in this document, not the comments of either the Commissioners or City staff.) Ed Wagner: "Good evening. My name is Ed Wagner. I live at 120 North Main Street. And I just wanted to say first of all that we worked hard for, oh, 3-4 years to get this rezoned to Mixed Use, and even though we are conforming now, and can get bank loans, if you were to vote against Mixed Use, you are kind of sending a message to the people down there that we're almost, like, being "sunsetted." They may lose their property someday. One of the problems that people have had for many years is that they're waiting to see ifthis is going to be rezoned Mixed Use, because if you send a signal saying "no, we don't want it Mixed Use" then one day we're going tobe let go again from conforming use as residents. [Residents?] and businesses have always enjoyed the use of property down there, and 1 don't really hear any complaints. I mayhear one complaint about one business here or one business there, but there aren't really any big complaints. I would like to see residents feel comfortable that they can buy a home. If someone wants to sell a home, then they can buy a home, and not feel threatened that if since it's not Mixed Use, they may have to give up their home again someday. There was someone at the City Council on Tuesday who came down and was talking about putting up fifteen story high-rises on the riverfront area. I made the argument that, you know, fifteen story high-rises are, you know, you read about that in the Metro section all the time.. . about a riverfront town, and a developer wants to come in an put in fifteen story high-rises. Well, what do you do? You close off the area so people can't see it anymore. I want to see residences, personal homes made to feel comfortable with the fact that they own a home; that theycan own the home forever; not that they're going to be threatened with the use of eminent domain. Now, I know there is some talk in the State Legislature; whether something gets done with that or not this year.. ..maybe it'll get done next year, but, who knows? That's all conjecture; we need to wait and seewhat they're going to do, but it's just another big developer coming in and talking about tearing down the riverfront, and people in that area should not have to be... they shouldn't feel threatened about, you know, big developers coming in, and okay, say I get 3 out of 4 people on a block; what am I going to do about that 4th person who doesn't want to sell? Personally, I want to stay in my home maybe 'til I retire. I mean I love my property; I love being able to look at the river bottoms from one side of my house, and having the convenience of being able to walk up into Downtown, and that's why I bought the property 14-15 years ago. I mean it's not my fault that a developer likes that area now. I live right next to Huber Park, and I spent, like 14-15 hours a day helping to build that park for, you know, a week and a half or whatever. I mean, I have a commitment to that park; I want to see that park developed. It was the park I used as a kid, and so that's why H:\CC\2006\05-16\Draft Partial Transcript 05-04-2006 PC Mixed Use.doc 1 I put the commitment in, and all ofthe hours in...to build, to help re-build that park, [not] just the playground. I'm on the playground committee; I'm on the Huber Park committee, and I want to see the park get done, but that's my commitment to the City. So, you know, if I'm putting in personal time, and my neighbors are putting in personal time, it's because they want to see the riverfront re-done, but we don't want to see developers come in and try to steal land, and so I'm kind of worried about eminent domain, and what will happen with the Legislature, and I think that is probably pretty much all I have to say." Stan Stier: "I'm Stan Stier, and I reside at 805 Bluff A venue. I've lived in the house since I was 5 years old. And I would like to ask how long.. .when's the first time this was ever brought up to the Council? It's been quite a while ago, but it just seems to be getting' dogged in the comer somewhere. We want to know what's going on. Can you tell me when's the first time this was ever brought up to the Council.. .4,5.6 years ago? I just think it's taken way, way too long." Ed Wagner: "Excuse me, could I just make a couple more comments? This did get passed in [1993], and we're looking at 3 years just to get a zoning passed on this area; 3 years that people down in this area have been working on this, and from what I understand when they the information and the mixed use and the riverfront, or the whole First Avenue corridor, the Met Council, didn't they come back and say we had incomplete information; you didn't have all the informatiouthey needed? So, there's some kind of, for lack of a better word, screw up going on here, and, you know, a lot of people are asking, well, is this, uh,are they trying to, uh, is this staff trying to push this off, or are they looking for a better solution. . . who knows, we don't know. But, that is something that we have a concern about, so I think you should take that into consideration. I think you should pass this bill. We don't want to have, you know, Mr. Leek has said it was '94 when non-conforming use was made for residences. Well, I know it's gone on for 30 years in some parts of First Avenue. When I bought my house in 1991, I was zoned parkof all things. Imean, that's ridiculous. Then it was zoned commercial. I went to a bank like 4 times, and it took me until 1994 to get a loan. I mean I had to borrow money; I had to save some money, 'cause every time I did improvements on my house, I'd have to use personal money, or borrow money from my dad or something, just to get anything done on that house. And lwant to make the point that if anybody thinks there is blight down there, it's because they couldn't get a loan for up to 30 years depending on what place you lived on the First A venue corridor. Now, imagine if you had to replace a roof, and it cost maybe $15,000, and you can't get a loan from a bank in town. I mean, that's cruel, it's ridiculous, it's nothing that ever should happen to any resident in the City of Shakopee, so I just want you to keep that in mind. And granted, there are people who now knowthat you can get a loan, but I don't think a lot of people on the First Avenue corridor even know yet that they can get a loan, because they've gone to banks before to work on their house, and, oh, you're not commercial, you can't get aloan. And I went through that 4 times, 4 times over a 14 year period, and I've got a house that was built in 1861, so that's basically the time that Lincoln was inaugurated, and I wanted to do clean up work on the house, but I couldn't do it unless I had to personally save, and I mean it's pretty hard for someone to save $10,000, and fix H:\CC\2006\05-16\Draft Partial Transcript 05-04-2006 PC Mixed Use. doc 2 up something... whether it be siding or a roof or put in new windows or whatever it is. But that's the reality down in this area; that is the reality, and you have to take that into account." Stan Stier: "Actually, Madam Chairman, I forgot to ask one question. . On the bottom here, it says the plan update, which guided many properties in this area for mixed use classification.... I don't understand it, if they do go to that classification, what properties would not be classified ifit says many properties. . .not all of them? Holly Frazier: I'm Holly Frazier, I reside at 206 Main Street. I'm on the buffer side, not in the cross-hatched area. I'm here; first time notice, got the letter, I'm wondering if there is a way for me to get information like this map to be involved in the planning process; how I would go about that. As, while I have a concern with the Mixed Use as it goes on, in the future we'll say ('cause I'm glad to see that it's changing to Mixed Use as well). I know that several of my neighbors were having trouble getting the funds to update, and that just makes them even more poverty stricken. As we move along, I guess what I'm getting to is ...ifnew development does happen in some of the undeveloped areas that are in the Mixed Use; is that something that the Commission would look at as far as how it would meld with the neighborhood; as far as heights of structures; as far as multiple use, like multiple-family, town homes, that kind ofthing.. .or like you were saying, I know Mr. Leek had mentioned that a restaurant wouldn't do well right in the middle of residential? Is that something that we would be made aware of as a community again in the future? Madam Chair, may I direct my question to Mr. Leek? Is there listing that we can get [of uses]? " Don Wagner: My name is Donald Wagner. We had a few people who had to go home; got the letter, and kind offigured they'd be up here at 7 or so. Basically, the questions they had pretty well fall in one area and it sounds like Mr. Leek is looking into that a little bit already. If a use changes in the future (and everyone seems pretty happy with Mixed Use), ifthere's homes there now, and something is going to go in to replace those homes, some of the questions they had.. . due to noise levels of a home area versus a commercial area, and how they apply? How do things like that work? And is it possible in a mixed use situation to simply have the criteria looked at every time? I can see some problems, and I did watch the Council meeting, and I think I know what they were asking, and they're probably good questions. Walt Sweeney: Hi, my name is Walt Sweeney, live at 2055 Hilldale; I'm the property manager for my mom down on Bluff. I guess I just wanted to add that I've lived here all my life, and the property on this block here, down by the river bottoms, the old marina; 'been in the family for about 30 years, 25 years, and from what I can remember, or from what I know, I guess, Mr. Schroeder started the brick yard, had the house here (pointing to the map), and all the other businesses and houses filled in. So, as far as I can tell, it's always been mixed use. So, if the people who live there don't mind the H:\CC\2006\05-16\Draft Partial Transcript 05-04-2006 PC Mixed Use.doc 3 businesses being next door to you, I don't understand why the, everything is so confused in the government, and the whole spiel of everything. 'Thought I'd throw my 2 cents in." Mike Stevens: "My name is Mike Stevens, 'live down on 823 Bluff A venue. I've lived in that residence for 36 years, and my mother sold her property to Kentucky Fried Chicken, so I probably been down there close to 50 years. I just was wondering, as life goes on, and I started out and got married and found a house down on Bluff Avenue that we loved that was kind of an old house (it wasn't the ramblers that was built down on 5th Street), 8th or 6th Street... But we loved the house, and we've lived here for that, for all this period of time. . . and a few years ago this eminent domain comes along and first thing you know they're going to move out.. .you know, a lot of people don't stay in houses for 36 years. And that's totally up to them, but we like the area. There's been a lot of mixed use down there all the time. Some have been added. There's.. .I'm not saying I'm happy with all of them, but we've all lived down there together for all these years, and I just can't see any reason why it can't stay the same. And ifthey want to get rid of residential, how come HRA put up 3 houses right behind a big gas station. and a restaurant? You know, and we're trying to fit in, and now we're getting handicapped apartments down there. I didn't go up and vote totally against that, because I realize we could be getting some people down there that we don't like, but like they always say, they got to go someplace.. .so I didn't really fight that issue. But I just feel that everyone that lives down there should have the rights to sell their property to whom they want to. Granted, I do appreciate the City's interference with some items that might not fit, but who's to judge a guy? Who put all these different mixed uses down there already? And I just think we're spending too much time, whether the Met Council doesn't agreewhat's going on down there, or the City, or whoever. It's been that way for a long time, and I don't know why they can't just agree on something, let it be the mixed use, and let's go on living. Shakopee's expanding; it's still going the other way. Until they run out of room, they'll probably come back at us again, but why not just let things go on like they are, you know, and everybody live together. That's all I have to say." Public hearing then continued to May 18, 2006 H:\CC\2006\05-16\Draft Partial Transcript 05-04-2006 PC Mixed Use.doc 4 City of St. Louis Park Certificate of Occupancy and Land Use Registration Application The application serves as a request for review and/or inspection of a commercial, industrial, public multi-family building in which the business and/or zoning use will change. Upon submittal, city staff will review this application to determine which ofthe following will be issued by the City upon compliance: 1) Certificate of Occupancy (new use) - a Certificate of Occupancy will be issued by the Building Official when the building is found to be in compliance with current code requirements for the proposed use. A fee must be submitted to the city and a site inspection scheduled with the Inspections Department. 2) Land Use Re2istration (similar use) -, a letter of Land Use Registration will be issued by the Planning and Zoning Department when it is determined that the proposed business satisfies the City of St. Louis Park zoning codes. 3) Attachments (needed for both C of 0 and Land Use) - Indoor plan layouts, room sizes, described uses, exterior buildin plan and exterior arkin plan. General Information Property Address: Square Footage of Space: sq. ft. Year Constructed: Current Business Information Name of Business Contact Name Address City State Zip Phone ( ) Alternate Phone ( ) Describe Current Use of Space Proposed Business Information Name of Business Contact Name . Address City State Zip Phone ( ) Alternate Phone ( ) Describe Proposed Use of Space Applicant/Contact Information Name of Business Contact Name Address City State Zip Phone ( ) Alternate Phone ( ) Inspections made by the City are part of the City's duty to the general public to further compliance with city codes. Inspections do not constitute any representation, guarantee or warranty, wither implied or expressed, to the owner, buyer or any other individual as to the condition of the building or conformance to applicable construction codes. The Undersigned acknowledges that they have read this application, that the information is correct, and that the owner agrees to comply with applicable provisions of the 81. Louis Park city code. Applicant's Signature Date ForOffice Use Only o Certificate of Occupancy (Fee: $ ) oLand Use Registration (No Fee) Previous Classification New Classification Zoning District Permit Number Building Approval Zoning Approval "' . . ~11.30 .- . SEe. 11.30. OLD SHAKOPEE RESIDENTIAL ZONE (R..1C). . - Subd. 1. PUrPose. The purpose of tHe Old Shakopee residential zo'rie Is to provide an-area for the \ -, continuation of existing residential development and development of existing lots in the older residential areas where public sanitary sewer and water are available. The combination of small Jots is encouraged.. ' " .' , . , ' . , , , Subd. 2. Pennitted Uses. Within the Old Shakopee residential ~one, no structure or land shE;lil be used except for ol)e (1) or more of the following uses: A. single family detached dwelllngs; . . " . ' B. single family attache~ dwellings, up to a maximum of two (2) dwellings; C. two (2) family dwelllngs; , , D. " pUblic,recreatlon; . , E. utility selVices; F. utility service structures, subject to the following re,quirements: (Added, Ord. 741, December 1, 2005) . . 1. shall not be a ,water tower or electric~ substation or a building construct~d to house sanitarr Jift station '<?Cntrols; . " ' " , , , . ' shall be twenty (20)' feet or less i~ h/?!ght; 2. " 3. maybe used only to provide weather Pl?tectiol1 for utility equipment, , 4. shall be designed, placed, and landscaped as nace,ssary to assure that it blends with the neighboring uses, and'ls unobtrusive; and 5. shall comply with all applicable'design standards. G. ,public buildings; H., day care facilitie~ selVing twelve (12) or fewer ~ei-sons; I. ' adult day ,care centers as permitted uses, subject to the following conditions: The . adult day care center shall: " , -' ',' , , , ' "1. selVe twelve (12), or fewer persons; 2. provide proof of an adequate water and sew~r sy~tem jf not served by . municipal utilities; . 3. have outdoor 'leisure/recreation' areas located and designated to minimize visual and noise impact~ on adjacent ar~as; page revlser11n 2005 , 1135 . , . - ~11.30 , , 4. the total indoor space available for use by partfclpants must equal at least . forty (40) square feet for each day care partlcipant and each day care staff member present at the center. When a center is located .In a , multifunctional ,organization if the required space available for use by participants Is maintained ~hile the center is operating. In determining the ' square footage of usable Indoor space available, a center must not count a. hallways, stairways, closets, offices, restrooms, and ufility and storage areas; b. more than 25% of the space, occupied by. the furniture or equipment used by participants or staff; or c. In a multifunctional organization, any space occupied by persons, associated with the. multifunctional organization while participants are using common space. . 5. comply with all other state licensing requirements~ (Ord. .482, May ,15, 1997) " J. group family day care facilities serving fourteen (14) or fewer children; K. ' residential. facilities servin~ six (6) or fewer persons; , L ' , ,single family detached residences previously constructed as accessorY uses to 8' church, where the resulting lot meets the design stand~rds found in Subdivision 5 of this Section; (Ord. 496, August 21, 199n M. single family detached dwellings; . N. structures contaIning two (2) attached dwelling units; (Ord. 563. November 25, 1999) o. single and mixed use developments which comply with Section 11.50 and have received approval from the City Council; (Orq. 563, November 25, 1999) P. relocated structures, subject to the following requirements: (Added, Ord. 741, December 1, 2005) a. . s~all obtain a mOVing permit from the City unde~ City Code Section 4.08; , ' ' b. prior to moving, the app'licant shall' have given cash; cashier's 'check, or ' . letter of credit as a financial guarantee to the City to ensure completion of , all work. The financial guarantee shall be in an amount equal to the Building Official's estimate of the cost to bring the structure In compliance with the Building Code; . ' c. the structure shall meet all requirements of the Building Code within six (6) months after moving; pagEll'El'llsecl In 2005 1136 , . , ,.~ ~11.30 ~ d. ,the structure is not in full'compUance with the BUilding Code after six (6) months of moving, the City, In its sole discretion, may draw on the financial guarantee and take whatever: steps it deems !1ecessary to' bring the' relocated structure Into compliance, with the Building Code. In the event 'the City draws on the financial guarantee; 10%, of the totql guarantee shall be paid to the City as its'adminlstrative fe~; , , , e. the applicant shall provide to the Building Department with all plan review comments and Inspection records from Building Codes and STD$ division' , and from the city of origin where cqnsfructeid; . ' f. an approved County' highway moving permit will, be, . requir~ for the . moving of. the structure; g. . the structure shall be required to meet all' setbacks. design and performance · standards , specified .In the City Code, unless. otherwise . . approved; , . . ' h. repair of any damage to City streets as a r~ult of the relocating the structure shall be paid for by the applicant Subd. 3. Conditional Uses. Within the Old Shakop~e resident/aJ zone, no structure or land shall , be used forthe following uses except by conditional 'lIse permit; , A. over-sized acces$ory ,structures .as determined by Section 11.81, Subdlvieidn 2.B; . COrd. 470, January 1, .1997) ',' . B. churches and other places of worship; ., .' . C. (Deleted, Ord. 501, September 18,1997); D. ' cemeteries; E. hospitals and clinics; F. ' public ,or private schools haVing a course of instruction approved by the Minnesota Board of Education for 'stud~nts enrolled in K through grade 12. or any portion thereat, . '. G. bed and breakfast inns; , , H. funeral homes; , , I. (Deleted, Ord. 741, December 1,2005); J. day care fa~i1ities serving thirteen (13) through ~ix:teen (16) persons; , K. adult day care centers as conditional uses, subject to the following conditions: The adult day care centers shall: 1. serve thirteen (13) or more persons; page revlsed In 2006 , . 1137 >> .. . .. ~11.30 . . 2. provide proof of an adequate water and sewer system if not served by municipal utillties; 3. ' have outdoor leisure/recreation areas located and designed to minimize visual and riolse Impacts on, adjacent areas; 4. . the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day oare staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the. multifunctional organization if the. required. space available for use by participants is maintained while the center .is operating. In determining the square footage of usable Indoor space available, a center must not count a. hallways, ~tallWays, clo~ets, offices, restrooms and utlllty and , storage areas; . . . b. more than 25% 'of the space occupied by the furnitUre or equipment used by participants or staff; or, c. In a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are usinQ common space. 6. provide proof. of- state, federal and other governmental l!cEmslng agency approval; and " 6. comply with al/ other state licensing requirements. COrd. 482, May 15, 1997) L. residential facilities servicing from seven (7) through sixteen (16) persons; . M. (Deleted, Ord. 741, December 1, :lOOS); N. structures over two and one-half (2-1/2) stories or thlrtY-fNe (35) feet in height; O. developments containing more than one (1) principal structure per rot or P. other, uses similar tq those permitted by the subdivision, upon a' determination by , the Board of Adjustment and Appeals, may be allQwed upon the issuance of a Conditional Use Pennit. COrd. 528, October,29., 1998}' . . . . . Subd. 4. Permitted Accessorv Uses. Within the OldShakopee residential zone, the following uses shall be permitted acc~sory uses: A. garages; 8. fences; C. recreation equipment; D. gardening and.other horticultural uses not involving retail sales; page revIsed 1112005 ,1138 . . ~11.30 , e. communication service apparatus/device{s) as permitted accessory uses, subject to the following conditions: 1. shall be co-located on an existing tower or an e~isting structure; 2. must not exceed" 175. feet In total height iAcluding the extension of any communication service device(s} apparatus); 3: . lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not b~ " ~lIowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that. fheequfpment will not interfere with eXisting communications for public ~afety purposes; 6. shall be located and have ,an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the .City Code, Including the provisions of the State Building Code therein adopted, shall be complied with; ,8. " " all obsolete or unused towers and accompanying accessory facilities shall " be removed within twelve (12) 'months of the cessation of operations at Ule site unle~s a time extension is approved by the City. After the facilities are , . removed, the site shall be restored to its original or an approved state." The user of the tower and/or accompanying accessory facilities shall be responsible for the re'moval offacflities and restoration of the. site; 9. the applicant shall submit (;l plan illustrating aU anticipated future location sites for communication towers and/or communication devices(s)/apparatus; 10. wireless tefecommuniqatlon towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and -Recreation Advisory' Board and approved by the City Council: a. City parks of sufficient siz,e and character- that are adjacent to an existing commercial or industrial use; " . , . b. commerCial recreation areas and major playfields used primarily by adults. 11. all revenue generated through the lease of a City park for wireless teleqommunication towers and antennas should be transferred to the Park Reserve Fund. (Ord. 479, March 13, 1997) F. swimming pools; G. tennis courts; palle revised In 2005 1139 '. . , ~11.30 H. home 'occupations. contingent upon approval of a home 'occupation permit; (Ord. ,501, September 18, 199.?) r. solar equipment or J. ..' other accessory uses, as determined by. the Zoning Administrator. Subd. 5. Deslan Standards. Within the Old Shakopee residential zone, no land shall be used, and no structure shall be const~cted or used, except In conformance. with the following requirements: , , A. Maximum density; seven and one-:half (7-1/2) dwellings per acre. Streets shall be excluded In calculating acreage. B. Maximum impelVious surface percentage: 50% C. Lot specifications; . Minimum lot width (single-family detached}: 50 feet; (two-family dwelling): 70 feet Minimum lot depth: 100 feet Minimum front yard setback: Thirty (30) feet, except that the minimum. setback . shall be equal to the av~rage set,back of other principal ,structures on the block when the appllGant proves that there are more than two (2) other existing principal . . structures, on the block, and those structures have an ~verage setback of less than , thirty (30) feet ' , ' ',' ' " . ." If there are fewer than three (3) other existing principal structures on the block. the setback Is fl:Jirty (30) feet. Minimum street side yard setback: Ten (i0) feet, except that the minimum setback shail be equal to the average street siqe.yard setback of other principal structures on the block when the applicant proves that the other existing principal structures have an average setback of less than ten (i0) feet. Minimum.interior side yard setback: f/Ve (5) feet; or one (1) side at three (3) feet and the other side at seven (7) feet. Minimum rear yard setback; Thirty (30) feet Mi~im'um rear yard' setback for acce~~ory structures: Five (5) fee~ D. Maximum height No structure shall exceed thirty-five (35) feet In height without a conditional use permit. , Subd. 6. Additional Reauirements. A. All ~welllngs shall have a depth of at least twenty (20) feet for at least 50% of their width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of their depth. palla revlsed In 2005 1140 .. .. . ." ~11~31 B. All dwellings shall have a pelTI1anent foundatIon rn conformance with the Minnesota state BuildIng Code. COrd.: 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28,' 1985; Orel. 264, May 26. 1989; Ord. 377, 'July 7, 1994; Ord. 435, November 30,1995) SEC. 11.31. Reserved. . . (Th~ next page Is 1151.) . . , . . . .- page revlsed In 2005 1141 . . . , ~11.32 SEC. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). Subd. 1. Purpose. The purpose of the medium density residential zone ;s to provide an area which will allow five and one-one hundredth (5.01) to eight (8) residential dwellings per acre'and also provide a transitional zone' between single family resl~ential areas and other land uses. . (Amended, Ord. 603, August 2, 2001) ,", ' Subd. 2. Permitted Uses. Within the medium density residential zone, no structure or land shall be used except for one (1) or more of the following uses: A. residential structures' containing two (2) or more dwelling units; (Amended; Ord. 603, August 2, 2001) B. existing single family dwellings; C. public recreation; D. utility services; E. utility service structures, subject to the fol/owing requirements: (Added,Ord. 741, December 1, 2005) 1. shall not be a water tower or electrical substation or a building constructed , to house .sanitary' lift station controls; 2. shall be'twenty (20) feet or less In ttelgh~ ".' . 3. may be used only to provide weather protection for utility equipmen~ 4. shall be designed, placed, and landscaped as necessary to assure that it blends with th~ neighboring uses, and is unobtrusive; and ' 5. , shall comply with all applicable design standards. F. public buildings; G,' day care facilities serving twelve (12) or fewer persons; H. adult day care centers ~s permitted ,uses, subject to the following conditions: The adult day care centershall: . , . 1. serye twelve (12) or fewer persons; 2. provide proof of an adequate water and sewer system if not selVed by municipal utilities; 3. have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas; Page revised in 2005 1151 " \., ~ .. .. ,. .. . ~11.32 4. the total Indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member, present at the center. When a center Is located, in a multifunctional organization if .the required space available for use ,by participants is maintained ~hile the center is operating. In determining the' square footage of usable indoor space available, a center must not count a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; b. more than ,25% 'of the space occupied by the furniture or equipment used by participants or staff; or c. ' in a multifunctional organization, any space occupied by persons associated with the multifunctional organIzation while participants are using common space; and . 5. : comply with all other state licensing requirements; (Ord. 482, May 15, 1997) I. residential facilities serving six (6) or fewer persons; J. townhouses; (Ord. 467, D.ecember 19. 1996) K.' $ingle family detached dwellings; COrd. p63, No~ember 25; 1999), .' L. structures containing two (2) attached dwelling units; (Ord. 563, November 25, 1999) M. structures containing two {2} to. four (4) attached dwelling un!ts; COrd. 563, November 25, 1999) N. single and mixed use developments which comply with Section 11.50, and have received approval from the City Council; COrd. 563. November 25, 1999) O. ,relocated structures, subject to the following requirements: (Added"Ord. 741. December 1. 2005) 1. . shall obtain a moving p~rmit from the City under City Code Sectio!14.0a; 2. prior to moving, "the appiicant shall have given cash, cashier's check, or, letter of credit as a financial guarantee to the City to ensure completion of all work. The financial guarantee shall be in an. amount equal to the Building Official's estimate of the cost to bring the structure into compllance,with the Building Code; . . . . 3. the strUcture shall meet all requirements of the Building Code within six (6) months after moving; page revised In 2005 1152 . . , ~ 11.32 4. If the structure Is not In full compliance with the Building Code after six (6) . months of moving, the City, in Its sole discretion, may draw on the financial guarantee and take whatever steps it deems necessary to bring the relocated 'structure into compliance with the Building Code. In the event the City draws on the financial guarantee, 10% of the total guarant~e shall be paid to the City ~s its adm;nistr~tive fee; 5. the applicant shall provide the Building Department with all plan review comments and inspection reoords from Building Codes and STDS divIsIon and from the oity Clf origin where constructed; 6. an approved County. hIghway ,moving permit w(ll be required for the moving of the structure; . 7. the' structure' shalf be required to meet all setbacks, design and performance standards specifl~d in the City Code, unless otherwise '. approved; 8. repair of any damage to City streets as a result of relocating the structure shall be paid for by the applicant. Subd. 3. Conditional Uses. WithIn the medium density resIdential zone, no structure or land shall , be used for the following uses except by conditional use permit: A. ' . multipl~-faritily dwellings containing l!P to six (6) units; B. , (Deleted, Ord: 501,' September 18, 1997); C. hospitals and clinics; O. cemeteries; E. churches and other places of worship; F. puplic or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled./n K through grade 12,- or any 'portion . thereof; G. nursing homes; , H. bed and breakfast Inns; . . (Deleted. Ord. 741, December 1,2005);. J. J. day care facilities serving from thirteen (13) through sixteen (16) persons; K. adult day care' centers as conditional use, sublec~ to the following' conditions: The adult day care centers shall: 1. serve thirteen (13) or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; page revlsed In 2005 1153 , " 911.32 . 3. ' have outdoor leisure/recreation areas located and designed to minimize visual and noise Impacts on adjacent areas; 4. the total Indoor space available for use by particIpants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the .center. Wl:1en a, center . is located In a multifunctional organization, the center may share a common space wfth the multifunctional organization If the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable Indoor space available, a center must not co!-,nt a. 'hallways, stairways, closets, offices, restrooms and utilitY and storage areas; , . b. more than 25% of the space occqpied by the ,furniture or equipment used by participants or staff; or c. in a multifunctional organization, any space occupied by persons assocIated with the multifunctionaL organization whUe participants are using common space; S. provide proof of state, federal and other governmental licensing agency approval; and 6. comply'wlth"~iII'6ther state licensing r~quirements; (Ord. 482, May 15, 1997) " -t. , residential facilities serving from seven (n~hrough sixteen (16) persons; M. (Deleted, Ord. 741, December 1,2005); N. structures over two and one-half (2-1/2) stories or thirty-five (35) feet in heIght; O. developments containing more than one {1} principal structure per lo~ or ' P. , other uses slmiIa~ to those permitted by the subdivision, upon a detennination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a 'Conditlonal Use Permit. (Ord. 528, October 29, 1998) Subd. 4. Permitted Accessorv Uses. Within the medium density residential zone. the followIng uses shall be permitted accessory us~s:.' . ' A. open off-street parking spaces not to exceed three (3) spaces .per dwelling unit; B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; , C. communication service apparatus/device(s) as permitted accessory uses, subject , to the following conditions: 1. shall be co-located on an existing tower or an existing structure; page revlsed in 2005 1154 ., '! ~11.32 ' 2. must not exceed 175 feet in total height (including the extension of any communication, service devlce(s) apparatus}; 3. ' lights and/or flashing equipment shall not be permitted unless required by state or federal ag~nc!es; . 4. signage shall not be allowed on the communication service devlce(s}/apparatus other than danger or warning type signs; . 5. must provide prooffrom a professional engineer that the equipment will not Interfere withexi~ting communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the max/mum extent possible; 7. applicable provisions of the City Code, inclUding the provisions of the state. Building Code therein adopted, shall be complied with; 8. all obsolete or unu~ed towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site u,nless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower andlor accompanying accessory facilities shall be responsible for the removal of facilities and restoration 'of the site; . . . .. . . , , ,9. the applicant shall submit a 'plan illustrating ail anticipated future [ocatiQn ' sites' , for communication . towers' and/or communication devices{s)/apparatus; 10. wireless telecommunication towers and antennas will only be considered for City parks when the followIng conditions exist and if .those areas are recommended by the Parks and Recreation Advisory Board and approved by the City C?uncll: a. City parks of sufficIent size and char.acter that are adjacent to an , existing commercial or Industrial use; b. commercial, recreation areas and major playfields used primarily by adults; . . 11. . all revenue generated through the lease of a City park for wireless telecommunication,towers and antennas should be transferred to the Park . Rese~e Fund. COrd. 419, March 13, "1997) , F. swimming pools; G. tennis, courts; H. receive only satellite dish, antennas and other antennas; I. home occupations contingent upon approval of ~ home occupation' permi~ COrd. 501, September 18,1997) page revtsed In 2005 1165 . . .. , ~11.32 , J. . solar equipment; or K. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Desian Standards. Within the medium densIty resIdential zone, no land shall be used, , ' and no structure shaH be constructed or used, except in conformance with the' following requirements: A. Density: a. mInimum of fIVe and one-tenth (5.01) and a maxImum of eight (8) dwellings per acre. Streets shall be exciuded In calculating acreage. (Amended, 'Ord. 603. August 2,2001) B. Maximum impervious surrace percentage: 90% c. Lot specifioations: . Minimum lot wIdth, (single--famlly detached): 60 feet; (two-family dwelling): 70 feet; (multipIe--family dwelling): 1QO feet Minimum lot depth: 100 feet Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Miriimu~ rear yard setback: ~O feet " . ' .' (Ord.467, December 19,1996; Ord. 544, April 15, 1999). D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a ' conditional use permit Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least twenty (20) feet for at least 60% of their 'wIdth. ' All dwellings shall have a width of at least twenty (20) feet for at least 60% of their depth. ' B. All dwellings shall have a permanel1t foundation in conformance with the Minnesota State Building 'Code. . (Ord. 31, October 25, 1979; Ord. 60. May 14, 1981; Ord. 159, Febl'l!ary '28, 1985; Ord. 264, May 26, 1989; Ord. 371'; July 7, j 994; Ord. 435, November 30. 1995) , ' SEC. 11.33. PLANNED RESIDENTIAL DISTRICT {PRO). (Ord. 663, November 25,1999) Subd. 1. Purpose. The purpose of the Planned Residential District (PRO) Is to provide areas for the. mixed-use -development; including single-family detached, medium-ciensity, and high-clensity residential, as well as compatible neighborhood cOmmercial and service uses. By allowing mixed- use. development. the PRD provides a mechanism for providing a range of housing types and easy accessibility to services either within a single development or area of the City of Shakopee. (Ord. 563; November 25. 1999) page revlsedln 2005 . 1156 . ~. .. : ~11.33 . . , , . .' F. churches and other places of worship; .' . G. public or private schools; ; (Deleted, ~rd. 741, December 1,2005); . . H. I. str~ctures over two and one-half (2-1/2) stories or thlrty-fNe (35) feet In height; J. (Deleted, Ord. 741, December 1, 2Q05); . K. oevelopments containing more than one (1) principal structure per fot; L. dEwelopments containing :more than one (1) permitted use and/or use permitted with site plan approval; M. day care facilities ~~~jng 'ttiirteen'(13).~r mor~fpe~OIis; . ' N. residential facilities selViclng' from seven (7) ,through sixteen (16) persons; . , O~ other uses 'simllar to . those permitted 'in this subdivision, as determined by the Board of Adjustment and Appeals. . . ',' . '. Subd. 4. Permitted Accessorv Uses. Within the Planned Residential District the following uses shall be permitted accessory uses: (Ord. 563, November25, 1999) :' " . . , . A. any incid~ntal repair or processing necessary to cond!lct, a pertriitted principal use;. ' , B. parking and loading spaces; : C. temporary construction buildings; D. decorative landscape feature~; . E. other accessory uses customarily appurtenant to a permitted or conditional use, as . determined by the Zoning Administrator. . . Subd. 5. besf~m Standards. . Except as otherwise provided above, design standards in the Planned ResidentIal District shall be as found In City Gode, Section 11.28" Orban Residential Zone (R-1B). COrd. 563. Nov~mber25, 1,999) . . SEC. 11.34. MUlTIPLE-FAMILY.RESIDENTIAL ZONE'(R-3). Subd. 1. 'Purpose.. The purpose ofttre multlple--family.zone is tq provide an area which will allow eight andone-one hundredth (8.01) ,to tw~lve (12) multiple-family dwelling units per acre, and also provide a transitional zone between single family residential areas,' medi~m-density 're~idential areas, and . other land uses. (Amended, Ord. 603, August 2,2001) Subd.,2. Permitted Uses. Within the multiple-family residentia.1 zone, no strUcture or land shall be used except for one (1) or more of-the following uses: A. multiple-family dwellings containing three (3) or more units;' page revIsed In 2005 1159 . , , '. ~11.34 . . S. existing sIngle f~mily and two (2) fal11ily dwel/ing~; , C.. public recreation; , . ' . .. D. utilfty services; .' . E. ~tility service structures, subject to the followlng requirements:' (Added, Ord. 741, December 1, 2Q05) 1. shali not be a water tower ot electrical substation or a bunding constructed' . to house sanitary 11ft sfation controls; : 2. . . shall be twenty (2q) feet or less in height; 3. may be used only to provide weather p~otectlon for utility ~ulpmehti 4. shall be ~esigned, placed, and landscaped as necessary to assure that. it . blends with the neighboring uses, and is unobtrusive; and , .5. shall comply with al/ appli98ble design standards. . .F. ,public b~i1dings; .. , G. day care facilities serving twelve (12) or fe~er persons; . . H. residential facilities.serving six (6) or f~wer persons; . . ".. '. ' I. townhouses; (Ord~ 467, December 19, 1996) . . .' , J. single family detached residences 'previously constructed asaccess6ry uses to a church, where the resulting lot meets the design standards found in Subdivision.5 of Section 11.28; (Ord. 496, August 21, 1997) K. single family detached dwellings; COrd 563, November 25, 1'999)- L. structures containing two (2) attached -dwelling units; COrd. 563, November 25, 1999) .. M. structures containing two (2) to four (4) attached dwelling units; (Ord. 563, November 25, 1999) , .' N. structures containing more than four '(4) attach~d dwelling units; or COrd: '563, ., NoveTT)ber25,1999)' .' ". ".'. , O. single and mixed use developments whi9h comply with Section 11.50, and have . received approval from the City Council. (Ord. 563, November 25, 1999) , P. . relocated structures, subject to the, following requirem~nts: (Added, Ord. 741, December 1, 2005) 1. shall obtain a moving permit from the City uC'!der CitY Code Secti.on4.08; .' page revised In 2005 1160 . ,. .. ~11.34 . 2. prior to moving, the applicant shall have given cash, cashier's check, or , letter of credit as a financial guarantee to the City to ensure completion of all work.. The financial guarantee shall be in an amount .equal to the BuildIng Official's estimate of the cost .to bring the structure -'nto 'compliance with the BUilding Code;, ' . . 3. the structure shall meet all requirements of the Building Code within six (6) months after movIng; 4., , if the structure is not In full compliance with the Building Code 'after six (6) months of moving, the City, In its sole discretion, may draw on the financial 'guarantee' and take whatever steps it deems necessary to bring the relocated structure Into compliance with tne B\.!lIding Code. In the event the City draws on the financial guarantee, 10% of the total guarantee shall be paId to the City as its administrative fee; 5. the applicant shall provide the Building Department with all plan review comments and inspection records from Building Codes and SrDS division and from the City of origIn where constructed; , 6. an approved County' highway moving permit will be required for the moving of the structure; 7. the structure shall be r?quired' to meet all, setbacks, design and performance' standards spec~ed,ln the City Code, unless' othelWise approved; , ,- ; 8. repair of any damage to City streets as a result of relocating the structure shall be paid for by the applicant. Subd..3. Conditional Uses. Within the multiple-family residential zone, no structure or land shail be used for the following uses except by conditional use permit: A. nursing homes; B. churches and other places of worship; 'c. cemeteries; D. hospitals 'and clinlcs;- " E. public or private schools having a course of instruction, approved by the Minnesota Department of Education for students enrolled In K through grade 12,or any portion thereof; F. bed and breakfast Inns; G. (Deleted, Ord. 741, December 1,2005); H. day care facilities serving from ~hlrt:een(13) through sixteen (16) persons; page revfsed in 2005 1161 . . ~11.34 , J. adult day care center as conditional use, subject to the following conditions: The adult day care centers shall: 1. selVe thIrteen (13) or more p~rsons; 2. provIde proof of an adequ?'te water and seWer system if not served. by municipal utilities; 3. have outdoor felsure/recreatron areas located and designed to minimize visual and noise Impacts on adjacent areas; . 4. the total indoor space available for use by participants must equal at least forty (40) square feef for each day care participant and each day care staff member present at the center. When a ~nter Is located In a multifunctional organization, the center may share a common. space with ' the multifunctional organization If the required space available for use by participants Is maintaIned while the center Is operating. lil determining the . square footage of usable Indoor space aval~able, a center must not oount " a. hallways, staIrways, closets, offices,' re,strooms and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff; or . .. . , c. in a' mliitifunctional organization, any space occupied by'persons associated with the multifunctional organization while participants are using common space. : ' 5. provide proof of state, federal and other governmental, ricensing agency approval; and 6. comply with all other state licensing requirements. (Ord. 482, May 15, 1997) . '. . J., residential facilities serving from seven (7) through. sixteen (16) persons; K. (Deleted, Ord. 741, December 1,2005); 'L. ' structures' ov~r two and one-h~1f (2-1/2) stori~s or thirty-five (35) feet in height; . . M. . developments contai~ing m?re .than one (1) principal structure per lot; or , , N. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the Issuance ofa Conditional Use Permit COrd. 528, October 29, 1998) , . . Subd. 4. Permitted Accessorv Uses. Within the multiple-family residential zone, the followIng uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three (3) spaces per dwelling unit; B. garages; page revised in 2005 1162 . .~11.34 C. fences; D. gardening and other horticultural uses not Invplving retail sales;. E. communication servJce apparatus/device(s) as permitted accessory uses, ~ubject , ' to the followln.g conditions: , . 1. shall be co-Iocated on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including th~ extension of any communication service device(s) apparatus); 3. '. , lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; .' 4. signage shall. not be aliowed on the. communication service devlce(s)/apparatus other than danger or warning type signs; . 5. must prOVide proof from a professional engineer that the equipment will not ' . interfere with existing communications for public safety purposes; , 6. shall be. located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. appllcab(e provis.lons of ~he City Code, Including the provisions bf the state , ' Building Code ther~in adopted, shall De complied ~ith; , , " . ' , ' 8. all obscilete or unused towers and accompanying accessory facilities shall. be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City. After the fac1lities are removed" the site shall be restored to its, original' or an approved state. The user of the tower a~d/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the ~Ite; 9. the applicant shall suomit a plan illustrating all anticipated future location sites for communication towers and/or . communication devices( s)/apparatus; ,10. wireless telepommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recor(lmended by the Parks and Recreation Advisory Board and approved . by the City Council:, a. City parks of sufficient size and character that are adjacent to an existing commercial or industrial 'use; b.' , commercial recreation areas and major playfields used primarily by adults. 11. an revenue . generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. (Ord.479, March 13, 1997) paglll'llvlsed In 2005 1163 . . ~11.34 F. swimming pools; G. tennis courts; H. receive only satellite dish antennas and other ant~nnas;, . . r. home occupations contingent upon app~oval of a home occupation permit; COrd. 501, September 18,1997) J. solar equipment; or K. . other uses similar to those permitted by this subdivision, as determined by the , Zonil1g Administrator. Subd. 5. Desian Standards. Within the multiple~famlly r!,!sidentiaJ zone, no land shall be used, and no structure shall be constructed or used, except In conformance with the following requirements: . A. Density: a minimum of eight and one-one hundredth (8.01) and a maximum of twelve (12) dwellings per acre. Streets shall be excluded In calculating acreage. (Amended, Ord. 603, August 2, 2P01) 1. Density bonuses in Planned Unit Developments (PUDs) -In the event that a proposed PUD in the R-3 Zone exceeds .the requlre.ments for parking or open space, the City Council may grant a density bonus of!Jp to two (2) , dwelling units per acre to allow a den~itY of up to fourteen (14) dwelfing units per acre. (Added, Ord; 603, August 2, 2001) . , B. Maximum impervious surface percentage: .60% C. lot specifications: Minimum lot size: 1 acre Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 50 feet Minimum side yard setback: One-half (112) of building height or fifteen (15)feet, whichever is greater. All ml!ltlple-fam!ly residential structures thirty (30)'feet or ,greater in height shall ~~ :setback a 'minimum 'of four (4) times the height of the . . structure from the nearest. low density residential.(R-1A), urban residential (R-1B), , Old Shakopee residential (R-1C), medium density residehtial (R-2), o'r multiple- family residential (R-3) zone line. Minimum rear yard setback: 40 feet (Ord. 467,' December 19,1996; Ord. 544, April15i 1999) D. Maximum height No structure shall exceed thirty-five (35) feet in height without a 'conditional use permit. page revised In 2005 1164 ,. ~ . 611.34 . E. Open space: A multiple-family dwelling project shali provide at least 15% of the project area as open space, as that term is defined in Section 11.50, Planned Unit Development District, SubdivisIon 5, Design Standards, B. (Added, Ord. 603, 'Augu,st2,2001) '" Subd. 6. Additional Reauirements. A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their width. AU dwellings shall have a width of at least twenty (20) feet .for at least 50% of theIr depth. , ' B. All dwellingf3 shall. have a. permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 96, November ii, 1982; Ord. 159, February 28, 1985; Ord. 203, July 10, 1986; Ord. 246, June 17, 198B; Ord. 284, May 26, 1989; Ord~ 377, July '7, 1994; Ord. 435, November 30, 1 ,995) . SEC. 11.35. NEIGHBORHOOD COMMERCIAL (N-C) (Ord. 563, November25, 1999) Subd. 1. Purpose. The purpose of the Neighborhood Commercial zone Is to provide areas for the development of low-intensity, service-oriented uses for surrounding the immediate residential areas. "Immediate residential areas are understood to be those that are generally withIn five (5) minutes walking distance of a neighborhood commercial area. (Ord. 563, November 25, 1999) Subd. 2. Permitted Uses. Within tn~ Neighborhood Commer.qiaf zone, no 'structure or land shall .. be used except for one (1~ at more ~fthe f9.lIo~ing uses:,(Ord. 5~3, Nov~mber~5, 1999) . '. , A. retail; . B. administrative, executive, and professional offices; C. medical or dental clinics; D. servtces; E. public buildings; F. restaurants, class If, subject to the following requirements: (Added, Ord. 741, December 1, 2005) 1..' ,. 'shall comply with all applicable prov.isions in the City-Code, including, but, . not Iimite~ to Section 11.60, Performance Standards.' . . 2. trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal ,structure and meet the standards of the City Code. 3. shall comply with all conditions imposed as part of the liquor license for the site. : pagEl revised In 2005 1165 .. ~11.35 . 4. if serving liquor, shall not be located on a lot or parcel of land adjacent to any low density residential (R-1A), urban residential (R-18), or Old Shakopee residential (R-1C) zone. 5. if located within 100 feet' of a resident/aluse, shall limit its hours of operation to between 5:00 A.M. and 11:0~ P.M. G~ Uses having a drive up or drive through. window, subject to the following requirements: (Added, Ord. 741, December 1,2005) i. shall be screened to a h~ight of six (6) feet from any adjacent residential zone; 2. shall not have a public address system which Is audible from any resldent/al prop~rtYi . 3. shall provide stacking for at least six (6) vehicles per aisle. The required stacking shall not Interfere with Internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of- way, private access easement, or within the required parkln.g setback; 4. trash receptacles, Including but not limited to dumpsters, shall be stored in fully enclosed areas, Including the top., The enclosed areas shall be constructed of similar and/or complementary materials to, the p~inclpal . structure .an.d meet the standards of the City Code. . '. H. 'ReloCated structures, subject to the following requirements: . (Added, 'Ord. 741, , December 1, 2005) . 1. shall obtain a moving permit from the City under City Code Section 4.08; 2. prior to moving, the applicant shall have given cas~, cashier's check, or letter of credit as a financial guarantee to the City to ensure completion of all work. The financial guarantee shall be in an amount equal.to the Building Official's estimate of the cost to bring the structure Into compliance with the Building Code; 3. the structure shall meet all requirements of the Building Code within six (6) months after moving; 4. . if the structure is not in full compliance with the Building Code aftersi~ (6) months o.f moving, the City, iri its sole discretion, may draw on the financial guarantee and'take whatever steps it deems necessary to bring the . relocated structure Into compliance with the Building Code. In the event the City draws on the financial guarantee, 10% of the total guarantee shall be paid to the City as its administrative fee; 5. the applicant shall provide the Building Department with all plan review comments and inspection records from Building Codes and STDS division and from the City of origin where constructed; 6. an approved County highway moving . permit will be required for the moving of the structure; page revlsed In 2005 1166 .. ~11.35 7. the structure shall be required to meet all setbacks, design and performance standards specified in. the City Code, unless otherwise approved; . , 8. repair of any damage to City streets as a result of r~locating the structure shall be paid for by,the applicant. Subd. 3. Uses Permitted with a Conditional Use Permit. Wrthin the Neighborhood Commercial zone. no structure or land shall be used for any of the following uses except after approval of a conditional use permit, (Ord. 563. November 25..1999) A. taverns; B. churches; c. animal hospitals and veterinary cnnlcs; D. (Deleted, Ord. 741, December 1,2005); E. gas stations; F. bed and breakfast Inns; G. (Deleted. Ord. 74.1. December 1, 2005); , H. funeral homes; . , , I. day care facilities; J. (Deleted,Ord. 741. December i. 2005); K. developments containing more than one (1) principal structure per lot; L. other uses similar to those permitted in this subdivision. as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessorv. Uses. Within the NeIghborhood Commercial zone the following uses shall be permitted accessory uses: (Ord. 563. November 25, 1999) 'A. Any incidental repa.ir or processing necessary to conduct a permitted principal use; . . 'B. parking and, loading spaces; C. temporary construction buildings;, O. decorative landscape features; E. other accessory uses customarily appurtenant to a permitted or conditional use, as determined by the Zoning AdministratQr. . page revised In 2005 1167 " ~11 .35 . Subd.5. Design Standards. (Ord. 563, November 25, 1999) A. Minimum lot area: .. 1 acre B. Maximum impelVlous surface coveriilge: 75% c. Lot specificaUons: Minimum lot width: 100 feet Building setbacks: ' . minimum front yard 'setback:. 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zone: 50 feet Maximum height: 35 feet ' Dumpsters, trash handling equipment, and recycling equipment shall be stored within the principal structure, or within a fully enclosed accessory structure constructed of the same materials as the principal structure. Exterior lighting fixtures s~all be of do~ncast, cutoff type. . Parking or drive aisle setbacks: , minimum side yard setback: ' 10 feet , minimum rear yard setback: , 10 feet minimum side or rear yard setback from residential zone: 20 feet Subd. 6. Construction MaterIals. In the neighborhood. commerci~l zone. only the following materia is may be used for the exterior finish of any principal or accessory building: face brick, stone, glass,. decprative concrete block, architecturally treated concrete, cast In place or precast concrete, stucco, and materialssubstantla/ly similar to these as determined by the Board of Adjustment and Appeals. Steel, aluminum, copper, or other high quality, durable metal, and wood may be used, but only as an accent, trim or framel and not as siding for a substantial portion of any building fayade. (Ord. 563, November 25, 1999) .' (The next page is 1171.) : page revised In :zoos 1168