HomeMy WebLinkAboutOrdinance - 8 - Establishing a Comprehensive Zoning Plan (only newspaper copy of the ordinance in the book) - 05/13/1958 1 \1
(Official Publication)
TOWN OF EDEN PRAIRIE [
IIENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 8
AN ORDINANCE RELATING TO AND ESTABLISHING A COHIPRE- -
NENSR'E 'ZONING PLAN FOR THE TOWN OF EDEN PRAIRIE,
IIENNEPIN COUNTY, MINNESOTA, AND REPEALING ZONING RE-
SOLUTION ADOPTED MAY 25, 1948, AND ALL RESOLUTIONS - '
AMENDATORY THEREOF AND SUPPLEMENTARY THERETO.
THE TOWN BOARD OF THE TOWN OF EDEN PRAIRIE ORDAINS:
Section 1. TITLE. This ordinance shall be known as the ZONING OR-
DINANCE of the Town of Eden Prairie in Hennepin County, Minnesota.
Section 2. PUItPOSE. The regulations and' the district map established
hereby have been made in accordance-with a comprehensive plan, called
land use plan, designed for the purpose- of promoting the health, morn' . tW
convenience, order, prosperity, or welfare of the present and future Inhabi-
tants of Eden Prairie, including among other things, lessening congestion +
in streets or roads or reducing the wastes of excessive amounts of
roads: securing safety from fire and other dangers; providing adequate
light and. air; preventing, on the one hand, excessive concentration of pop-
ulation and, on. the other hand, excessive and wasteful scattering of pop-
ulation -or settlement; promoting 'such distribution of population and such
classification of land uses and eistribution of lead development and utili-
zation as will tend to facilitate and conserve provisions for transportation,
water flowage. water supply. drainage, sanitation, educational opportunities.
recreation, soil fertility, food supplies. and protection of both urban and
non-urban development.
Section 3. DEFINITIONS. For the purpose of this ordinance certain terms
and words are hereby defined and shall have the following meanings un-
less it shall be apparent from the context that a different meaning is in-
tended.
Words used -in the -presenttense include the- fy4:ure-=:words im the •si►igu-
lar number include th4 pral, .and the * d2;.in th_ the plusa`1=.number in-
clude the 'singular; the word "building" Inc udes e word "structure ex- 1
cept as may otherwise be specified. The term "used" shall. mean "uses
or .ntended to be used, or arranged or designed for use' The term
cupied" shall mean "occupied or intended to be occupied, or arranged cr
designed for occupancy". The word `including- A"U mean "including but
not limited to".
Additional terms and words are hereby defined as follows:
1 AUTOMOBILE CAMP: Land or premises used or occupied, for com-
pensation. by ca►rnpers traveling by automobile or otherwise, or occupied by
trailer coaches or movable dwellings, rooms or sleeping quarters of any
kind.
2 AUTOMOBILE COURT: A building or group of two or more buildings
containing guest rooms or a7)artments with automobile storage space pro-
vided in connection therewith, and used primarily for the accommodation
of automobile trave!ers. including those designated as auto cabins
or courts, motor lodges or hotels, motels, and those similarly designated.
3. BOARDING HOUSE. A dwelling wherein 3 or more persons, not mem-
bers of the principal family therein, are provided lodging, and/or meals
for compensation, but not including a building having 10 or more guest
rooms.
4 BUILDING: A structure having a roof supported by columns or walls.
5 BUILDING, ACCESSORY: A subordinate building tl•e use of which is
incidental to that of the main building or. the same lot.
6. BUILDING, MAIN: A building in which is conducted the principal use
of the lot on which it is situated.
7. BUILDING SITE or BUILDING LOT: See "Lot".
8 BUNGALOW COURT: See "DWELLING GROUP".
,K 9. DWELLING UNIT. A room or group of rooms including cooking ac-
ti• commodations, occupied by one family or one person, and in which not
more than two persons, other than members of the family, are lodged ,
or boarded for compensation at any one time.
10. DWELLING; Any dwelling. boarding house or dwelling group, as de-
fined herein, except any combined with non-residential uses in the same
building.
11. DWELLING, ONE FAAii,LY: R detached' building containing one 'dwell-
ing unit.
12. DWELLING. TWO FAMILY: A building containing two dwelling
units.3DWELLING, MULTIPLE: A building containing 3 or more dweUtng° ;
units.
14. DWELLING GROUP: A group or row of dwellings each containing
one or more dwelling units and all occupying one lot, as defined herein, !
and having a court in common, including a bungalow court or apart-
ment court, but not including an automobile court or automobile camp. -
15. ESSENTIAL SERVICES: The phrase "Essential Services" means the
erection, construction, alteration, or maintenance by public utilities or by
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overnmental departments or cmimi)ssions of such underground or over•
head gas, electrical, steam, or water transmission or distribution sys-
tems and structures, or collection, communication, supply or disposal sys-
tems and structures, as are reasonably necessary for the adequate serv-
ice by such public utilities or governmental departments or commissions
or as are required for protection of the public health, safety or general
welfare, including towers, poles. wires. mains, drains, sewers, pipes, con-
duits, cables, fire alarm boxes, police call boxes, and accessories in con-
nection therewith. but not including buildings or micro-wave radio relay
structures. For the purpose of this definition the word "building" does
not include "structures" for essential services.
16. FAMILY: One or more persons, with their domestic servants. occupy-
ing a dwelling unit as a single, non-profit. housekeeping unit. but not
including a group occupying a hotel, boarding house, club, dormitory. fra-
ternity or sorority house.
17. GARAGE, PRIVATE: An accessory building or portion of a main
building on the same lot and used for the storage only of private, pas-
senger motor vehicles, not more than 2 of which are owned by others
than the occupants of the main bldg.
18. GUEST ROOM: A room occupied by one or more guests for com-
pensation and in which no provision is made for cooking.
19. HEIGHT OF BUILDING (IN FEET): The vertical distance from the
average elevation of the finished ground at the exterior walls of a build-
ing to the highest point of the coping of a flat roof, or to the deck line of a
mansard roof, or to a point mid%vay between elevation of the eaves and
elevation of the ridge, for gable, hip and gambrel roofs.
20. HOME OCCUPATION: Any use customarily condacted for gain or sup-
port entirely within a dwelling by a member or members of a family,
and which is clearly incidental and secondary to the residential use of
the premises and does not change the character thereof.
21. JUNK YARD: An area of more than 200 square feet, or any area
within 10i feet of any street, used for the storage, keeping or abandon-
meat of junk, including scrap metals, materials or goods, or used for
the dismantling, demolition or abandonment of automobiles, other vehicles
or ma-:hinery, or parts thereof.
22. LODGING IIOUSE: See "BOARDING HOUSE".
23. LOT: An entire parcel or tract of land occupied or to be occupied by
a main building and its accessory buildings, or by a group such as a
dwelling group or automobile coart and their accessory buildings. includ-
ing the yards and open spaces required therefore by this ordinance k-nd
other applicable law.
24 LOT. CORNER: A lot abutting on two intercepting or intersecting
streets.
25. LOT, INTERIOR: A lot other than a corner tot.
26. LOT. THROUGH: t, lot having its front and rear lines on different
streets.
27. LOT DEPTII: The average depth from the front line of the lot to
the rear line of the lot.
28. LOT WIDTH: The width, measured at a distance back from the
front line equal to the minimum depth required for a front yard.
29. MOTEL: See "AUTOMOBILE COURT".
30. NON-CONFORMING USE: Use of a building or of land that does not
conform to the regulations as to use for the district in which it is situ-
ated.
31. PUBLIC UTILITY: Any person, firm corporation, municipal depart-
ment or Board duly authorized to furnish and furnishing under public re-
gulation to the public, electricity, gas, heat, power, steam. telephone.
tele.-raph, transportation, or water.
32. STORY: That portion of a building included between the surface 3f
one floor and the surface of the floor or ceiling or roof, above it. A
base-rent is a story for the purposes of height regulations if the vertical
listance from grade to the ceiling is more than 7 feet, or if used for
business or for dwelling purposes by other than a janitor or a care-
taker.
33 STORY HALF- The topmost story under a gable. hip or gambrel roof.
the wall plates of which on at least two opposite exterior walls are not
more than 2 feet above the floor of such story.
34. STREET: A public or private thoroughfare which affords the princi-
pal means of access to abutting property, including public roads and
highways, except limited-access or no-access portions of highways.
35 STRUCTURE: Anything constructed or erected having locati . on or
under the ground or rttacLed to something having location on or under
the ground.
36. STRUCTURAL ALTERATION: Any change, addition or modification in
construction in the supporting member: of a building, such as exterior
walls, bearing walls, beams, columns. foundations, girders, floor joists.
t roof joists. rafters or trusses.
( 37. USE: The purpose for which land of a building or structure thereon
is or is to be used or occupied.
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38. USE, ACCESSORY: A subordinate use on the same lot with the prin-
cipal use and incidental and accessory thereto
39. YARD: An open space, other than a court, on the same lot with a
building.
40. YARD, FRONT: A yard extending across the full width of a lot
whose depth is the shortest distance ►etween the front lot line and the
main building, including an enclosed or covered porch, provided that the
depth shall be measured from a future street line, wen such line is
shown on the district map or official map, or is otherwise established.
41. YARD, REAR: A yard extending across the full width of a lot whose
depth is the shortest distance between the rear lot line and the main
building.
42. YARD, SIDE: A yard between the side line of a lot and the main
building extending from the front yard to the rear yard and having a
� width equal to the shortest distance between said side line and the main
building.
i 43 YARD, REQUIRED: That portion of a side. front. or rear yard,
r; nearest the designated lot line and having the width or depth required
in the District in which located.
Section 4. ESTABLISHMENT OF DISTRICTS. For the purpose of this or-
dinance. :he following nine kinds of districts are hereby established with-
in the Town !+f Eden Prairie:
A. DISTRICTS ESTABLISHED.
1. P-O-C — Public, Open Development and Conservation and Recla-
mation Districts.
2. R-A — Residential Agricultural Districts.
3. R-1 — Residential Districts.
4. R-2 — Limited Multiple Residential, or Multiple Dwelling Districts.
5. R-C — Genera: Multiple Dwelling —Limited Commercial Districts.
6. C-1 — Local Commercial or Shopping Center Districts.
7, C-2 .r General 'Commercial or Shopping Cente, Districts.
8. M-1 — Limited Industrial and Manufacturing ,L.stricts.
9. 34-2 General Industrial and Manufacturing Districts.
B. DISTRICT MAP. Said districts are shown upon the district map, ac-
companying this ordinance- Said map and all notations. references, and
other information shown thereon, shall be as much a part of this ordi-
nance as if the matters and information set forth by said map were
all fully described herein. This includes future street lines and widths
which are hereby established as shown on the district map and as indl-
cated in the legend on such map. -
C. DISTRICT BOUNDARIES. For determining the boundaries of the dis-
tricts shown on the district map, the following rules shall apply:
1. Where such boundaries are obviously following or approximately fol-
loivirng lines of roads, streets, lot or property lines, or section lines,
such lines shall be taken to be such boundaries. Areas within lakes,
streams and drainage ditches, are in P-O-C Districts.
2. In unsubdivided property or where a district boundary divides a lot
or parcel of property, the location of any such boundary, unless the 1
same is indicated by dimensions shown on the district map, shall
be determined by the use of the scale appearing on such map.
3. The board of appeals established hereby shall, upon application or
upon its own motion, determine the location of boundaries in cases 1
where uncertainty exists, after the application of the rules.
Section 5. USES PERMITTED IN OR EXCLUDED FROAX DISTRICTS.
A. No building shall hereafter be erected, constructed, reconstructed, al-
tered, enlarged or moved, nor shall any building or land be used for
any purpose other than for a use permitted herein in the district in
which located, subject to other applicable regulations hereof, and only
after the issuance of the necessary permits as provided in Section 12
and other sections hereof.
B. Each building hereafter erected shall be located on a lot, as de-
fined herein. and in no case shall there be more than 1 main building
on i lot except as may be otherwise provided herein.
C. Each building containing any dwelling units or guest rooms shall be
erected on a lot at least one line of which abuts for not less than 25 feet
along a public street*r along a permanent, unobstructed easement of ac-
cess to the lot from a public street as approved by the zoning adminis-
trator as adequate for the purpose
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Section 5.1. USES PERITTED—P• -C DISTRICTS. 4
' A USES PERMITTED.
1. Public buildings and uses. Public parks, playgrounds• athletic fields.
Rolf courses, parking areas.
2. Facilities and structiu•es for drainage, flood control, ponding. con-
servationa erosion control, reclamation, fire prevention. etc.
3. General farming. including agricultural, gardening, truck gardening.
dairying and horticultural uses, and stock, animal and poultry rafs.-
ing, except that:
a. Hog. goat and sheep raising and cattle feed yards, not Inciden-
tal to farming, are excluded, except with a special use permit,
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as provided heito .
b. No animal ba,•iis. hens or kennels, or feeding or grazing areas.
no fowl raising and no slaughter of animals or fowl shall be
closer than 50t► feet to any R-1, R-2, or R-C District or to any
land subdivided or used for non-farm residential purposes.
c. No building on land used for farming shall be closer than 200
feet to any R•1. 14•2. or R-C District, or to any land subdivided
or used for non-farm residential purposes.
4. Plant nurseries and greenhouses.
5. Sale, on the premises and in season only, of products produced on
the premises.
6. Signs, including mail box and fire protection identification, official
traffic signs, and the following--one only sign not more than 12
square feet in area pertaining to the lease, hire or sale of land or
a building on which located. and not more than 6 square feet for
farm equipment or the sale of farm products from the premises;
one only outdoor bulletin board not more than 12 square feet in
area for a church or school on the property on which located; and
one only naine plate of not more than one square foot in area per-
taining to a home occupation or permitted use, provided none ex-
cept official traffic signs shall emit any flashing, flickering or glar-
ing light, none shall be located in a front yard and none shall be lo-
cated within 50 feet of a road or street line.
B. USES PERMITTED WITH SPECIAL USE PERMIT. Any of the fol-
lowing additional uses are permitted only if a special use permit there-
fore is secured as provided in Section 10 hereof.
1. Non-farm one-family dwellings.
2. Riding stables dog kennels, hog, goat or shaep raising and cattle
2+eed—yam, not closer than 500 feet or such larger distance as
may be deemed desirable to any R-1. R-2. or R-C District or to
any land subdivided or used for non-farm residential purpose.
3. Commercial recreation arCAs.--'Including golf driving ranges And-
min-iature courses, beaches, picnic areas, playgrounds and amusement
parks, not closer than 500 fret or such larger distance as may be
deemed desirable to any R-1. R-2, or R-C District or to any land
subdivided or used for non-farm residential purposes. d
4. Informational and directional signs, any use permit for which shall i
be for a period of not more than one year and subject to condi-
tions specifying location and size of sign, message, and illumination
Section 5.2. USES PERMITTED, R-A DISTRICTS. '
A. USES PERMITTED. i
1. Uses permitted without use permits in P-O-C Districts, and all re-
strictions applying to such uses.
2. Non-farm one family and two-family dwellings.
3. Churches, parish houses, convents, child nurseries, nursery schools,
and private schools for educational purposes similar to public ele-
mentary and secondary schools.
4. Public buildings and uses of the following kinds: elementary and
secondary schools, school athletic fields, parks, play grounds, libra-
ries, museums, community centers and recreation centers, police
and fire stations.
5. Golf courses, country clubs, yacht clubs, tennis courts, swimming
pools. and additional private recreational uses. all non-commercial.
B. USES PERMITTED WITH SPECIAL USE PERMIT.
1. Uses permitted in P-O-C Districts with special use permits and all
restrictions applying to such uses.
2. Colleges and U versities.
Section 5.3. USES I'�R1%11TTED, R-1 DISTRICTS.
A. USES PERMITTED
1. Uses permitted without use permits in K-A Districts, and all re-
c strictions applying to such uses, except any requiring use permits
or any excluded from R-1 Districts, as enumerated below.
B USES PERMITTED NVITH SPECIAL USE PERMIT.
1. General farming. gardening and truck gardening, as permitted in
P-O-C Districts. excel: that:
a. Hog, goat and sleep raising and cattle feed yards are excluded.
b. No animal barn. . pens or kennels, or feeding or grazing areas,
no fowl raising and no slaughter of animals or fowl shall be
closer than 500 feet to any R-2 or R-C Districts, or to any land
subdivided or used for non-farm residential ppurposes.
c. No building on land used for farming shaII be closer than 200
feet to any R-2 or R-C Districts. or to any land subdivided or
used for non-farm residential purposes.
Section 5.4. USES PERMITTED, R-2 DISTRICTS.
A. USES PERMITTED '
1. Uses permitted without use •perinits in R-1 Districts and all restric-
tions applying to such uses.
2. Multiple dwellings and dwelling groups.
Section 5.5. USES PERMITTED, R-C DISTRICTS.
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A USES PERMITTED
1. Uses permitted without use permits in R-1 Districts and all re-
strictions applying to such uses.
2. Multiple dwellings and dwelling groups. -
3. Boarding and lodging houses.
4. Automobile courts, hotels, motels and tourist homes, provided no
business shall be conducted except as a service for guests thereof.
accessible to customers from inside the building only.
5. Resort transient cabins and housing accommodations and the follow-
ing accessory uses for the accommodation of guests; boat and mo-
tor storage and rentals, bait shops. dinh&g rooms, soft drink and
snack bars.
6. Colleges and universities, fraterniCy and sorority houses.
7. Private clubs, lodges, lil,raries and museums. except any that are
primarily commercial uses.
B. USES PERMITTED WITH SPECIAL USE PERMIT
1. Clothes cleaning or laundering pick-up stations, clothes pressing and
tailoring shops, and self-service laundries.
2. Flower, fruit and vegetable sales and stands.
3. Gasoline service stations and accessory greasing, servicing, clean-
ing and washing of automobiles, including minor adjustments and re-
pairs, but not general repairs, overhauling. rebuilding, demolition or
spray painting.
4. Hospitals, convalescent homes. rest homes, homes for the aged.
5. Offices and office buildings for business and professional uses, in-
cluding banks, medical and dental clinics, and for public and pub-
lic utility uses including telephone exchanges.
6. Restaurants, refreshment stands. but not any selling or serving at-
aoholic beverages.
7. Uses permitted in C-1 Districts.
ection 5.6. USES P3Rr.IITTED AND EXCLUDED, C-1 DISTRICTS
A. USES PERMITTED
i. Uses permitted in R-C Districts, including these requiring use per*
mits in such<districts, but without such requirement in C-t Districts.
provided that colleges and universities, hospitals, convalescent
homes, rest homes and hones for the aged are permitted only
with special use permits.
2. Retail stores and shops and small service businesses such as: art
shops; professional studios• clothing, drug, grocery. fruit, meat, 1
ve-
getable. confectionery, hardware, sporting goods, stationery, music,
variety and notion stores household appliance, fixture and furniture
stores and repair shops stores and shops for barbers, beauticians,
cabinet makers, electricians, jewelers, watchmakers, locksmiths,
painters,
ste jluers, shmas, tailors, dressmakers, clothes pres-
sers, plumbers,
ts blueprinters. photographers.
3. Advertising signs, appurtenant to the use of the property on which
displayed.
4. Automobile display and soles rooms, •parking lots and structures.
and gasoline service stations. and when accessory thereto, the retail
sale of gasoline. oil, grease, and automobile parts ,and accessories,
and the washing, cleaning, greasing and servicing of automobiles,
including minor adjustments and repairs, but not general repairs.
overhauling. rebuilding, demolition or spray painting.
5. Bakeries, cafes, confectioneries, and ice cream and soft drink shops.
including the preparation of food products for retail sale from their
sites only.
6. Frozen food lockers for service to families and individuals.
7. Liquor stores selling packaged goods.
S. Radio (A.M. or F.M.) or television broadcasting stations and trans-
mitters, and micro-wave radio relay structures.
9. Theatres, lodges and assembly facilities having a seating capacity of
Iess than 300 persons, but not including outdoor theatres.
10. Other retail stores and shops. offices and small service businesses
catering to neighborhood patronage, deemed to be as appropriately
and desirably located in C-1 Districts as those enumerated above.
and not dangerous or otherwise detrimental to persons residing or
working in the vicinity thereof, or to the public welfare, and not
impairing the use, enjoyment or value of any property. except any j
uses excluded hereinafter. ;
B. USES EXCLUDED j
I. Uses excluded from C-2 Districts.
2. Wholesale or jobbing businesses.
3. Manufacturingprocessing
Incidental t permit d rtail other
and service ore uses customarily
4. Commercial recreation uses such as amusement parks, bowling alleys.
biiliard and pool halls, dance halls, and skating rinks.
5. Taverns. beer gardens or bars serving any but non-alcoholic bever-
ages on the premises.
6. Mortuaries.
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7. Used car lots.
Section 5.7. USES PERMITTED AND EXCLUDED, C-2 DISTRICTS
A. USES PERMITTED.
1. Uses permitted in P-O-C Districts provided that buildings are Per,
mittea only with special use permits.
2. Uses permitted in C-1 Districts. provided that no dwelling or
dwelling unit is permitted except for employees having duties in
connection with any premises requiring them to live on said prem-
ises. and families of such employees when living with them.
3. Advertising signs.
4. Bakeries, candy making.
5. Bars, taverns. night clubs.
6. Cleaning and dyeing plants.
7. Department stores.
8. Engraving, photo-engraving, lithographing, printing and publishing and
bookbinding plants.
9. Household equipment repair shops.
10. Laboratories; medical, dental and optical, and non-hazardous and in-
offensive laboratories accessory to permitted uses. in the same bldg.
11. Laundries.
12. Loft buildings.
13. Music conservatories. dancing studios.
14. Repair and storage garages.
15. Retail, wholesale and .lobbing businesses.
16. Sign painting shops, paint shops.
17. Theatres. lodges. assembly halls, auditoriums. arenas, churches.
18. Tire repair shops.
19. Vocational and trade schools.
20. Other retail or wholesale sales or service uses tlhich are similar
in character to those enumerated above, and will not be dangerous
or otherwise detrimental to persons residing or working in the vi-
cinity thereof, or to the public .velfare.• and will not impair the use.
enjoyment or value of any property, but not including any uses ex-
cluded hereinafter.
B. iTSES PERMITTED WITH SPECIAL USE PERMIT. }
1. Buildings in connection with permitted land uses which are the same
as permitted in P-Q-C Dirricts.
2. Bus, taxi, truck terminals and storage facilities, railroad lines,
spurs and passenger terminals, but not railroad yards.
3. Creameries, dairies, ice cream plants.
4. Ice and cold storage plants.
5. Mortuaries.
6. Shops for the following and similar occupations: Blacksmith. ma-
chinist, mason, tinsmith.
7. Used car sales lots. farm equipment sales lots.
8. Warehouses.
C. USES EXCLUDED
1. Any use permitted in only M-2 or in only M-i and M-2 Districts.
2. Any use excluded from M-1 or M-2 Districts.
3. Junk Yards.
4. Manufacturing and processing other than an accessory use custom-
arily incidental to permitted ^ommercial sales and service uses.
5. Any use which is objectionable by reason of emmission of odor,
dust, smoke, gas, vibration or noise, or because of subjection of
life, health or property to hazard.
Section 5.8. USES PERMITTED, b1-1 DISTRICTS.
A. USES PERMITTED
1. Uses permitted in C-2 Districts, including those requiring a special
use permit in such districts.
2. Light processing industries consisting of the processing. treatment
and packing of materials goods and food stuffs, except alcohol or
alcoholic
beverages, fish, meat products. pickles. sauerkraut, soy
beans. vinegar and yeast, or any resulting in the emission of strong
odors.
3. Automobile, motor vehicle. airplane, farm implement and other r•s-
sem tiling.
4. Bicycle. motorcycle, outboard motor manufacture.
5. Boat building.
6. Building materials, contractors, lumber, fuel and feed yards.
7. Bulk gasoline and oil stations, provided all applicable safety regula-
tions are complied with, but not tank farms.
�8. Concrete mixing. concrete products manufacture.
9. Electroplating.
10. Jewelry. silverware. musical instrument. toy manufacture.
11. Produce markets.
12. Storage elevators.
13. Veterinary hospitals, with animal kennels and pens completely en-
closed cr located not closer than 5W feet to any R-1. R-2 or R-C
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District or to any land subdivided or used for non-farm residential
purposes.
14. Watch, clock making.
15. Welding.
16. Other wholesale, processing, manufacturing, construction or service '
uses which would be as appropriately and desirably located in M-1
Districts as those enumerated above. and emitting no objectionable
or unpleasant noise, vibration, odor, smoke. dust or gas. not insani-
tary or injurious to the public health, and emitting no waste of any
kind capable of polluting any waters or destroying or injuring hu-
mans. plants, animals, fish or fowl. Lists of such additional uses
which would be permitted subject to performance up to desirable
standards, with permits therefore revokable in the event such per-
formance is not had, may be made by the Zoning Administrator and
Board of Appeals to assist in administering this ordinance.
S. USES PERMITTED WITH SPECIAL USE PERMIT.
1. Buildings in connection with permitted land uses which are the
same as permitted in P-O-C Districts.
2. Such uses enumerated under USES EXCLUDED. below, as, upon ap-
plication therefor, may be considered appropriate for location in cer-
tain portions of the M-1 Districts, subject to such conditions as may
be set in approval of special use permits therefor.
C USES EXCLUDED
1. Bag Clean',ng.
2. Blast furnaces.
3. Boiler works.
4. Dog pounds.
5. Forge Plants.
6. Junk yards or the baling of Junk or rags. except in a building en-
closed on all sides or when completely enclosed within a solid
-fence
'`.7. .Pumping or wholesale storage of crude petroleum.
8. Railroad yards, roundhouses, repair shops
9. Sawmills, planing mills.
10. Steam power plants of public utility nature.
11. Stone quarries, stone cutting and crushing, washing and grading of
stone, gravel and sand.
.12. Sugar refining.
13. Wool pulling or scouring.
14. Mantifacture of:
Acetylene: acid- alcohol or alcoholic beverages; ammonia, 'Teach-
ing powder; chlorine: chemicals; soda or soda compounds- kiln-
made brick, pottery. terra cotter or tile; candles (except by hand):
cement, gypsum, lime or plaster of parts; disinfectants: dyestuffs-
emery cloth or sandpaper; explosives or fireworks (or storage of '
same); exterminators or insect poisons; fertilizers; glass• glue or
size; gelatin; grease, lard or tallow (manufactured or refined from q
animal fat); illuminating or heating gas (or storage of same);
lamp black: matches; linoleum; linseed oil; paint, oil, shellac. tur-
pentine or varnish (except mixing of same); oilcloth or oiled pro-
ducts; paper or pulp: pickles; sauerkraut or vinegar; plastics; pot-
ash products; rayon or similar products; rubber or gotta percher pro- s
ducts (or treatment of same); shoddy; shoe polish- soap (other than
liquid soap); starch, glucose or dextrin- stove polish, tar roofing or 3
waterproofing or other tar products; chewing tobacco (or treatment
of tobacco); yeast.
15' Uses excluded from M-2 Districts.
16. Any other use which is objectionable by reason of emission of odor,
dust. smoke, gas. vibration or noise, or because of subjection of
life health. or property to hazard.
gg�� rt} Section 5.9. USES PERMITTED, M-2 DISTRICTS.
•.�� •� Ira USES PERMITTED
I. Uses permitted in M-1 Districts. j
2. Any other use not otherwise prohibited by law, with certain uses J
permitted only with special use permits, provided that no non-farm
dwelling or dwelling unit is permitted except for employees having
duties in connection with any premises requiring them to live on
said premises. including families of such employees when hiving with
them.
B. USES PERMITTED WITH SPECIAL USE PERMIT.
1. Buildings in connection with permitted land uses which are the same
as permitted in P-O-C Districts.
2. Acid manufacture.
3. Cement, lime. gypsum or plaster of parts manufacture.
4. Distillation of bones, coal. tar. petroleum. refuse, grain or wood.
5. Dump. or garbage. offal. dead animal or fish reduction or dumping.
6. Drilling or excavation for, or removal of oil, gas, or other hydro-
carbons, or minerals. -
7. Explosives manufacture or 'storage.
'S •.v ;�,; x. .r i1t i.: ��„ ),p:aj; .p;.a,} �� y' y rV:Z T
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8. Fat rendering.
9. Fertilizer manufacture.
10. Gas, illuminating or heating, manufacture.
11. Glue manufacture.
12. Stone quarry, gravel pit, rock crushing and cutting, gravel and
sand washing and grading.
13. Refining of petroleum, refining or smelting of ores.
14. Stockyard or slaughter of animals, except poultry or rabbits.
15. Tannery.
16. Any other use which is objectionable by reason of emission of odor,
dust, smoke, gas, vibration or noise, or because of subjection of life,
health or property to hazard.
Section 5.10. ADDITIONAL USE PROVISIONS AND RESTRICTIONS
A. USES PERMITTED IN DISTRICTS
1. Accessory buildings and uses and those necessarily incidental to per-
mitted uses including public and private ways and easements, es-
sential services, dwelling units for servants employed on the pre-
mises or for private guests, private garages, stables, pump houses,
boat houses, clocks and other non-commercial marine facilities are
permitted in any district, except any use which would be dangerous
or otherwise detrimental to persons residing or working in the vi-
cinity thereof or to the public welfare, or would impair the use, en-
joyment or value of any property, and also provided that;
a. Only one private garage, stable, or boat house, or one of each,
is permitted in any R-A, R-1, R-2 District.
b. No accessory dwelling unit in any R-A. R-1, or R-2 District
shall be let for living purposes for compensation.
2. Crop raising and home gardening ;ncluding fruit, berry, vegetable
growing and similar gardening, may be an accessory use on any
dwelling lot, or the pr'ncipal use on any vacant lot or parcel of
property.
3. A home occupation, as defiined herein, is permitted in a dwelling in
any district provided there be no external evidence thereof. other
than the display of a name pla'e. `
B. BASEMENT DWELLINGS. No basement dwellings shall hereafter be
permitted in any district. unless specifically permitted under other, appli-
cable ordinance. Existing basement dwellings shall be subject to time
limits and other requir^ments heretofore or hereafter established for com-
pletion of whole dwellings as permitted in the districts in which located.
C. RESTRICTION OF BUILDIX^.S WITHIN PLANNED HIGHWAY AND
ROAD RIGHTS-OF-WAY. Whene.er the Town Board shall adopt by reso-
lution a plan, map or description of any planned highway or road right-
of-way. including a relocation, extension or widening of an existing State
highway, County road or Town road, or location of a new highway or
road, and shall order in such resolution that no permits except special
use permit§' shall be issued for any buildings or uses within ;
such planned rights•of-way, except only agricultural uses of land and simi-
Jar open uses of land, the following regulations shall apply:
1. Such buildings and uses shall require special use permits as pro-
vided in Section 5.11. Section 10 and other sections hereof.
2. Prior to approval of the issuance of such permit by 'the Board of
Appeals and the Town Board. the State or County Highway Depart-
ment or other department interested shall be notified of the applica-
tion for such permit and shall be requested to submit a report and
recommendations with respect thereto.
3. If such report is not received within 60 days. the Board of Appeals i
shall proceed with its consideration of the application for " issu-
ance of a special use permit as provided in Section 5.11 and-other
sections hereof f
Section 5.11. ADDITIONAL USES PERKITTED WITH SPECIAL
; f 3s?sKlKi�� its;? S?s USE PERMITS. The following additional uses as well as those previously I
designated as permitted in certain districts with special use
permitted in the designatedPermits may
be district but only abet' securing such a
`.
special use permit. following approval of the issuance of such 12ermit by
the Board of Appeals and the Town Board, and subject to any opditions
imposed by such use permit as �,ppr�ovided in Section 10 hereof. I
1. Salt, gas or oil wells or . itrov. avel its mineral explore ,on or {
recovery, dumps, in P-O-C. M-1 ang''�cts. 3
2. Buildings for essential services, cemetery, crematory, mausoleum' and
other places for the disposal of human dead, convalescent home,-
rest home, governmental, public utility and public service uses, mi-
cro-wave radio relay structures. hospitals, institutions of an educa-
tional, philanthropic or charitable nature, in any district. when re- i
quired for the public health. "iety. convenience or welfare.
1--,3 Automobile camps trailer courts for temporary periods only in
4 P-O-C and R-A Districts.
4. Automobile courts in R-2 and R-C Districts.
5. Automobile parking lots in R-A. R-1. R•2. and R-C Districts when
required for off-street parking spaces for any use not more than 5W
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feet distant therefrom.
6. Buildings in connection with any of the uses permitted in P-O-C
Districts, except non-farm dwellings, in C-2. M-1 and M-2 Districts.
7. Dumps or dog pounds in M-1 or M-2 Districts.
8. Mortuaries in R-C and C-1 Districts. ,
9. Storage garages in R-C Districts when deemed necessary for public
convenience.
10. The extension of a use into a district where it would otherwise be
prohibited, in a case where a district boundary line is so located
that a lot is in more than one district.
11. The following additional uses and uses a -essory and incidental
thereto iii P-O-C Districts:
a. Public and public utility uses including water pumping plants
and facilities, sewage treatment plants and facilities, power
plants.
b. Transportation faMlities including terminals, wharves, clocks,
lines.
c. Automobile parking lots and structures.
d. Concessions catering to those using public facilities.
e. Camp grounds and auto and trailer camps of temporary nature.
12. Any buildings or uses other than open agricultural uses of land and
other similar open uses of land within any planned highway or road
right-or-way, which plan shall have been adopted by the Town
Board as provided in subsection C of Section 5.10 hereof, such per-
mit to be issued only following the procedure specified in such sub-
section.
Secton 6. NON-CGNFORHING USES.
A. The lawful, non-conforming use of land or a building existing at the
date of enactment of this ordinance may continue, providing no struc-
tural alterations except those required by law or ordinance, are made
therein and provided further that no such non-conforming use of land
shall be enlarged or increased nor. shall such non-conforming use be
extended to occupy a greater area of land than that occupied by
such use at the time of the adoption of this resolution. If changed.
the use shall conform to the provisions hereof.
B. If any non-conforming use of land is discontinued for a period of 12
consecutive calendar months, it shall not be resumed and any future
use of such land shall conform to the provisions hereof.
C A non-conforming use of a structure may be extended throughout the
building. provided no structural alterations, additions or enlargements
not required by law, are made, and may be changed to a use per-
mitted without a special use permit in the same or in a more re-
stricted district.
D. A non-conforming structure destroyed or damaged by fire, flood. wind.
earthquake. explosion or other casualty, or by the public enemy. to the
extent where the cost of restoration would amount to less than 50 per-
cent of Its full market value prior to such casualty. may be restored.
Where a structure is destroyed or damaged to a greater extent or to s
such an extent that its demolition is required by existing or herein-
after adopted laws or ordinances. or is required to protect the public o
health or safety, or where restoration is not started ,within a period r
of one year and carried diligently on, any restored or future structure 4
or use shall conform to the provisions hereof k
E. The provisions of this section shall apply to any use that may be-
come non-conforming due to a change in the classification of a dis-
trict in which it is located. from the effective date of such change.
F. 'Any use which is permitted in a district only upon the issuance of
a use permit therefor shall, upon its establishment, be considered a
conforming use in that district, but subject to any conditions imposed �
by such use permit. The provisions herein for the continuance of non-
conforming uses shall not prevent or interfere with action that may
be taken to abate any nuisance in any manner provided by law. . �
G. Regardless of any other provisions of this ordinance, no junk yard or
auto wreckingg business existing as a non-conforming use is the P.O.C.
R-1. R-2. R-C. C-1 or C-2 Districts at the time of the adoption of
this ordinance shall continue as herein provided for non-conforming
uses for more than one year af.,er the adoption of this ordinance. No
junk yard or auto wrecking business which. after the adoption of this
ordinance. exists as a non-conforming use in any M-1 District shall
continue as herein provided for non-conforming uses unless such junk
yard or auto wrecking^ business shall, within one year after it has
become a non-conforming use, be completely enclosed within a build-
ing or within a continuous solid fence not less than eight feet in
height or in any case of such height as to completely screen all the
operations of such jank yard. The plans of such building or fence shall
first have been approved by the Board of Appeals. All other appli-
cable provisions o this ordinance shall apply to any non-conforming
Junk yard or auto wrecking business.
Section 7 AUTOMOBILE PARKING AND LOADING SPACES REQUIRED. '
10aA
—
i
Off-street parking and loading spaces shall be provided as follows. for
buildings hereafter erected, constructed or moved and for uses hereafter
established, for such non-conforming uses as inay be required to cop'orm
to tre regulations hereof, and for extensions and enlargenients of build.
ings and uses.
A. Parking spaces shall be provided at the ratio of 1 parking stall for:
1. Each dwelling unit in any dwelling, or other building.
2. Each sleeping accommodation In any automobile court, motel or
tourist home, and each camp unit in any automobile camp.
:i. Each 3 sleeping accommodations in any hotel, boarding house,
{ fraternity or sorority house. or dormitory, in addition to the num-
ber of parking stalls required for its dining and entertainment
uses.
4. Each 3 beds in any hospital.
5. Each 6 beds in any sanitarium, convalescent home or similar
establishment.
6. Each 3 seats or similar accommodations in any restaurant, theatre,
auditorium, stadium, church, entertainment use. hall for meetings,
dancing or social events, and other use where seats or similar ac-
commodations are provided for gatherings of 6 or more persons.
7. Each 400 square feet of ground floor area in business or commercial
use, each 800 square feet of basement floor area. and each 800
square feet of floor area above the first floor in such use, provided
that for such establishments as drive-in markets and similar and
other business catering to drive-in patronage, and for uses in C-1
and C-2 Districts the required ratio shall be 4 parking stalls for each
190 square feet of total area in business or commercial use within
buildings and ouWde.
S. Each 3 persons (including proprietors) of maximum employment in a
s4.ngle shift in any institutional, public, business or industrial use.
B. The following parking space requirements shall be met.
1. Each parking stall shall be not less;than 190 square feet in area with
additional area required for satisfactory movement in anu out.
2. Access driveways to a single stall or parking lot shall be not less than
12 feet, nor more than 24 feet in width where crossing the . int pro"3-
erty line from a street or road, except that driveways serving park-
ing spaces for residential uses shall be from 10 to 12 fevt wide.
3. Required pr rking stalls for dwellings, motels, auto courts and auto
camps shall be located on the same premises as the use they serve.
For other uses they shall be located on the premises or within 500
feet distance, provided that stalls required for employees may be
located within 1200 feet of the place of employment.
4. Parking stalls may be intended for several uses in the same vicinity,
the number of stalls required being the total of the separate re-
quirements. Upon showing In an application to the Board of Appeals,
however, that the parking demands of different uses in such joint
arrangement occur at distinctly different times, the Board may ap-
prove and the Tov.-n Board may grant a reduction in the total num•
ber of stalls required. y
5. Required parking spaces provided on a lot or in a building shall be }
kept available for parking during the times of parking demand and P
shall not be reduced in number, provided that upon application with
a showing of reduction of parking demand, the Board of Appeals may
t
approve and the Town Board may grant a reduction in the' total y
number of stalls required.
6. Parking stalls, truck loading spaces, aisles and accese driveways shall
- be graded and surfaced for adequate drainage and freedom from
dust, dirt and mud.
/ C. Truck loading spaces and truck parking and storage spaces off-the-
street shall be provided as needed in connection with all buildings and
uses delivering and receiving goods. materials and supplies by trucks.
R>� ..�...• l Section 8. YARDS, LOT SIZES, OPEN SPACES. Yards. lot sizes and open
j spaces shall be as required in sections 8.1 through 8.8 and in other sec-
tions hereof for buildinggs hereafter erected in Districts, except as other-
wise provided herein. Minimum open -spaces and facilities in C-1 and C-2
Districts shall be as required in Section 8.8 in C-1 and C-2 Districts. No
lot shall ' , so reduced or diminished. and no structure shall be so enlarged
or moveu, as to reduce or diminish the yards, lot area or open space j
required herein in the dist.•ict in which located. No yard or other open space 6
required herein for any building shall be considered as providing a yard or
open space for any other building. and no yard or open space on an ad-
joining lot or parcel of property shall be considered as proviuiuig a yard
or open space on a lot whereon a building is to be erected.
Section 8.1 SIDE YARDS REQUIRED
A Two side yards each of at least the following- width in designated dis-
tricts are required.
1. P-O-C DISTRICTS -- 20 feet.
2. R-A, R-1 and R-2 DISTRICTS — 15 feet.
3. R-C DISTRICTS -- 15 feet. with one additional foot for each 3 feet
r•�
a
of building height in excess of 35 feet.
4. M-1 and M-2 DISTRICTS. Same as in R-C Districts for a building con-
taining any dwelling units or guest rooms, and on the side of any lot
adjoining any other district, except that a side yard of not less than
30 feet in M-1 Districts and not less than 50 feet in M-2 Districts,
with an additional foot for each 3 feet of building height in excess of
60 feet, is required on the side of any lot adjoining any P-O-C. R-A,
R-1. R-2, and R-C Districi. Fifteen feet required otherwise.
B SIDE YARD EXCEPTIONS
1. Tne side yard width on c street side of a corner lot shall be not less
than twice the width required on the other •side, bt�t when the lot
rears upon a lot fronting the side street it shall be no less than
the front yard depth required on the other lot.
Section 8.2 REAR YARDS REQUIRED.
A. A rear yard of at least the following depth in each designated district
is required.
I. P-O•C. R-A, R.I. R-2 and R-C DISTRICTS. Depth equal to 25 percent
of lot depth, but not less than 40 taet is permitted, nor more than
75 feet is required,
2- M-1 and M-2 DISTRICTS. Depth of 15 feet, except that on an lot
whose side or rear line adjoins any P-O-C, R-A, R-1, R•2 or R-C Dis-
trict, the depth shall be not less than 50 feet with one additional foot
for each 3 feet of building height in excess of 70 feet.
Section 8.3 FRONT YARDS REQUIRED.
A A front_yard of at least the following depth in each designated district
is required.
1. P-O , R-A. R-1. R-2, and R-C DISTRICTS Depth of 50 feet.
2. M-1 and M-2 DISTRICTS. Depth of 30 feet.
B FRONT YARD EXCEPTION. Where the average of front yard depths
of existing buildings within a distance of T50 feet on both sides of a
building to be erected in any P-O-C, R-A, R-1, R-2 or R-C District is not
more than 6 feet greater or not more than 6 feet less than the front
yard depth required in the district. the front yard depth for such build-
ing shall be not less than such average. If the difference is more than }
6 feet the board of appeals may vary the depth required.
Section 8.4. LOT AREAS REQUIRED.
A A lot of at least the following area in each designated district is re-
quired, such area being exclusive of water or swampy area or any
area subject to flood;
I. P-0-C DISTRICTS. 20 acres for general farm dwellings and ac-
cessory buildings, 2 acres for duellings on small berry and fruit
farms and truck gardens, and for non-farm dwellings.
2. R-A DISTRICTS. Same as in P-O-C Districts for general and small
farm buildings. 40.000 square feet for nun-farm one-family dwellings.
60.000 square feet for non-farm two family dwellings.
3. R-1 DISTRICTS. Same as in P-O-C Districts for general and small
farm buildings. 22,000 square feet for one-family dwellings. 33,000
square feet for two-family dwellings. ?
4. R-2. R-C, C-1 and C-2 DISTRICTS. 22,000 square feet for one-family
dwellings, with 7000 sq. feet additional for each dwelling unit over
one. f
S LOT AREA EXCEPTIONS
I. Lot areas required in individual cases may be increased by what-
ever additional areas shall be deemed to be required for sanitary
water supply and sewage disposal.
2. Lot areas required in individual cases may be reduced by the zoning
administrator by not more than 12 per cent when the lot is one on a
sub-division plat of record, or approved by the Town Board, on which
the average area of all lots is not less than that required for the dis-
trict in which located.
s.reacr_�e.r„u>tSrst 3. Except as provided above. the lot area required for a one-family
` `• • dwelling in R-A Districts may be reduced to not less than one-half
acre, including one-half the area of adjoining streets for a lot on a
plat approved by the Town Board prior to the effective date of this
ordinance.
4. In R-2 districts with a community water supply system or a sanitary
sewer system. or both. as recommended in each instance by the
Minnesota Department of health. subject to the approval of plans for
such systems by such Department of Health as adequate for the pur-
pose. lot areas required may be reduced to one-half acre for dwell-
ing of one to four families in size, with 5.000 square feet additional
for each dwelling unit over four.
5. In R-C and C-1 Districts, similarly, lot areas required may be re-
duced to one-half acre for 1 to 8 family dwelling units, with 3000
square feet additional for each dwelling unit over 8.
6. Unless served by such an approved sewer system, each two guest
rooms or sleeping rooms in any auto court, hotel, motel. tourist home
or similar accommodation shall be considered as one dwelling unit
In determining the lot area requirement.
— 12 --
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Section 8.5 LOT WIDTHS REQUIRED.
A. A lot with at least the following width in each designated district is
required.
1. P-O-C DISTRICTS. 330 feet for a general farm dwelling and 200 feet
for a small farm dwelling and non-farm dwelling.
2. R-A DISTRICTS. 330 feet for a general farm dwelling, 150 feet for
a small farm dwelling or a non-farm dwellingg
3. R-1, R-2, and R-C DISTRICTS. Same as in R-A Districts. except 100
feet for a non-farm dwelling.
4. C-1, C-2, W-1 and M-2 DISTRICTS. 100 feet for any dwelling,- auto
court, •motel, tourist home or similar use. No requirement for build-
ings containing no dwelling units or guest rooms.
B LOT WIDTH EXCEPTION
1. Lot width may be less than that required when the lot is one on a
plat approved by the Town Board prior to the effective date of this
ordinance.
Section 8.6 LOT COVERAGE BY BUILDINGS.
A. The percentage of lot area covered by a main building and acces-
sory buildings shall be no more than the following in each desig-
nated district.I. P-O-C and R-A DISTRICTS-10 per cent.
2. R-1 DISTRICTS — 20 percent.
3. R-2 DISTRICTS — 30 percent.
4. R.0 DISTRICTS — 40 percent
5. C-1. C-2, M-1 and M-2 DISTRICTS. 40 percent for buildings contain-
ing dwelling units and guest rooms or sleeping rooms. 80 percent for
industrial and commercial buildings, provided the parking space
B LOT COVERAGherein
EXCEPTIONre metadequately.
P ant greenhouses and accessory build-
ings on general farms and small farms, not more than Is feet in height.
may cover up to the following percentages -.if the area of a lot not
covered b3- the main building and other accessory buildings;
1. P-O-C and R-A DISTRICTS -- 30 per- cent.
2. R-1, R-2 and R-C DISTRICTS — 20 per cent
Section 8.7 MINIMUM FLOOR AREA REQUIRED.
A Any dwelling• except any in a dwelling group, as defined herein.
shall have a first floor area of not less than the following size in desig-
nated districts.
1. ALL DISTRICTS. First floor area of not less than 960 square feet
for a one-story building and not less than 720 square feet for a build-
ing of one and one-half stories or more.
Section 8.8 ADDITIONAL REGULATIONS -- YARDS, LOT SIZES, OPEN
SPACES.
A AREAS AND WIDTHS OF EXISTING LOTS. On existing lots of record
where the owner owns no adjoining property. a one-family dwelling '
may be erected in any district except P-O•C, C-1. C-2, M-1 and W-2
districts, when the lot area or lot width or both are less than required
in the district in which located, except where greater area or width
would -e required for sanitary sewage disposal and water supp LINE.
B YARD, LOT AREA MEASUREMENT FROM FUTURE STREET
On a lot adjoining a future street line established by this ordinance
and shown on the district map. measurements for determining required
lot area and required depth or width of an adjoining yard shall be
made from such future street line instead of from the existing right-
of-way line.
C YARDS, COURTS AND LOT COVERAGE FOR. DWELLING GROUPS.
�10 building of the group shall be closer to the side of another building
than 12 feet or to the rear or front of another building than 30 feet.
Side, rear and front yards for the entire lot occupied by a dwelling
group shall be not less than required in the district in which located.
gORWI!, �yqt� s Width of a court providing access to dwellings of a group shall be not
`' -•� Y less than 30 feet when dwellings are on one side only, and not less than
40 feet when on two sides, with 5 feet wider required for each 10 feet
that the highest building exceeds 25 feet in height. 3
Lot coverage by all buildings shall be 30 percent or less.
Minimum first floor area of any dwelling stall be 250 square feet.
D. MINIMUM SPACES AND FACILITIES FOR C-1 and C-2 DISTRICTS.
For permitted buildings and uses in each C-1 and C-2 Districts the
following minimum spaces and facilities around them are required for
the purpose of avoiding traffic congestion. traffic hazard and other
dangers, and of protecting and conserving the residential character
of any adjoining neighborhood and that of future neighborhoods.
I. Permitted buildings and uses, except automobile ppaarrtd:ng and loading
spaces, driveways. essential services, walks and planting spaces. shall
be. not closer to any street line than 80 feet,-or to any alley line than t
40 feet. or to the boundary line of any other district than 50 feet.
Any future-street line indicated on the district map or otherwise
established shoUl be construed to be the street line for this purpose.
? 2. Off-street automobile parking and loading spaces around buildings
13 -
1 d
is;a)). •}.)z) )I V}
1
shall be separated from the edge of the roadway in any street by a
curbed strip containing a L%alk not less than 10 feet in width. and
a planting strip with tree and shrubs not less than 10 feet in width.
both to be maintained adequately for these purposes. Driveways across
such strip shall be 150 feet or more away from the nearest street
intersections, except at a •'T'• intersection, where one may be located
opposite the end of the intercepted street.
3. The off-street parking area shall be four times or more the aggregate
floor area and all other area planned for ultimate business pur-
poses in each C-1 and C-2 District, and such area requirement shall
not include driveways, truck loading spaces. promenades, planting
spaces, and other open spaces.
4. A screen planting strip not less than 20 feet in width shall be pro-
vided within each C-1 and C-2 District along all boundaries that do
not adjoin streets.
5. All planting strips shall be planted and maintained. For vision clear-
ance for traffic the height of planting within 50 feet of any driveway
shall be not more than 30 inches above the elevation of top of curb
alongside it. Elsewhere it is the intent to produce tree and shrub
growth of good height and density as early as possible for a screen
of such planting between the development .within such district and
residential districts around it.
6. The zoning administrator shall require the installation of such signs,
markings and traffic control and regulatory devices as are neces-
sary to promote vehicular and pedestrian safety in any C-1 and C-2
District development and its access drives.
The required spaces and facilities may not be reduced or diminished
except as a result of action by the Town Board in approval of a
variance upon recommendWion by the Board of Appeals. as provided
in Section 10 he-eof.
E SITE PLANS. Site plans of proposed dwelling lots and dwellings,
showing smaller lots than required in the district in which located,
such lots arranged as, clusters with additional permanently maintained
community open spaces, may be approved. when the average lot area
including such permanent open spaces but not including streets or
wetlands, is not less than the lot area requirement for the district.
Such site plans shall be acted on by the Town Board, except that
the Board may designate the zoning and planning commission or the
Board of Appeals to act for it in an advisory capacity in such ways as
the Town Board may instruct. In each such case individual lot areas,
lot widths, sizes and shapes• and similar features shall be as approved
when acting upon such plan• in line of the requirements, herein, for the
district in which located.
The Town Board may retain the services of Civil. Sanitary or other
engineers. professional planners, and similar services, to check such
site plan and to report to the Board as to its suitability with respect
to sanitary water supply and sewage disposal, street grades and simi-
lar matters, and with respect to community planning and zoning, and
may require the applicant to pay the cost of such services.
F STRUCTURES IN YARDS AND COURTS. Every part of a required
yard or court shall be open and unobstructed by any building or
structure, from its lowest point upward, except as follows:
1. Accessory buildings are permitted in a rear yard and shall be not
closer than 3 feet to any lot line. when not more than 15 feet in
height, with one additional foot of distance required for each 3
feet of additional height to a height limit of 24 feet. Accessory build-
ings are permitted in side yards and front yards in P-0-C and
R-A Districts. but shall be the required side yard and front yard
distances away from the side and front lot lines.
2. Sills, belt courses, cornices, buttresses and eaves may project not
ti�-s�u>QtS more than 3 feet into any required yard or court. ;
3. Walks, steps on ground slopes, retaining walls. hedges and natural
growth, fences, paved terraces and paved areas, structures used
ornamentally or for essential services, when accessory to and cus-
tomarily incidental to the p• tcipal use, are permitted in yards and
courts, provided that a sine-yard strip 3 or more feet in width
near the side line of the iot shall be unobstructed by any structure
or feature, that is higher than 2 feet above the ground level. No
fence or hedge in any yard of a crurner lot within 20 feet of the corner
at the street intersection shall be more than 3 feet above the level of
center of the roadway nearest it.
4. Uncovered porches and steps to building entrances may extend not
more than 12 feet into any required front yard or rear yard and
not more than 6 feet into any required side yard or court.
5. Openwork fire balconies and fire escapes may extend not more than
4 feet into a required yard or court.
6. Chimneys and flues may extend not more than 3 feet into a required
yard or court. t
Section 9. BUILDING HEIGHT LIMITS.
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A. Heights of buildings hereafter erected, constructed, reconstructed. at-
tered, enlarged or moved. shall not exceed the following building height
limits in each designated district.
I. P-O-C, R-A. R-1, R-2, and C-1 DISTRICTS. 29,; stories, but not ex-
ceeding 35 feet.
2. R-C, C-2, and M-1 DISTRICTS. 6 stories• but not exceeding 75 feet:
and not exceeding 45 feet on any portion of a lot less than 30 feet distant
from any portion of a lot in any P-O-C, R-A. R-1, R-2. or C-1 Districts.
3. M-2 DISTRICTS. 100 feet, but not exceeding 45 feet in any portion of
a lot less than 30 feet distant, and not exceeding 75 feet on any portion
of a lot between 30 and 50 feet distant from any portion of a lot in any
P-O-C, R-A. R-1, R-2, or C-1 Districts.
S. HEIGHT LIMIT EXCEPTIONS.
1. Established building height limits shall not apply to belfries, cup-
olas, domes, spires• monuments, roof houses, airway beacons, ra-
dio towers, wind mills, farm barns and silos, flag poles, chimneys
or flues, nor to bulkheads. elevators or water tanks, or to poles.
towers and other structures for essential services, nor to similar
structures or necessary mechanical appurtenances extending above
the roof of any building and not occupying more than 25 per cent
of the area of such roof.
2. When permitted in a district having a building height limit of less
than 75 feet, public buildings, schools, churches and other insti-
tutions and semi-public buildings may be erected to a hcight not
exceeding 75 feet provided the side yard widths and rear yard deppth
be each increased 1 foot over and above the requirement for the xis.
trict for each 2 feet of building height above the building height limit.
Section is). BOARD OF APPEALS. A Board of Appeals. sometimes re-
ferred to in this section as the board., is hereby established and shall ex-
ercise administrative authority and shall have powers and duties as pro-
vided herein.
A. MEMBERSHIP A!4D ORGANIZATION. The Town Board shall, in its
discretion. designate the planning commission as the board of appeals.
or appoint a separate board of 3 membe-s. If a separate board, the
first appointments shall be 1 member for 1 year, 1 for 2 years and
1 for 3 years, with subsequent appointments or reappointments for 3
years.
At a meeting to be held within thirty days afMr the effective date of
this ordinance and thereafter at a meeting held within thirty days
after the first day of April each year, the board shall elect one of its
members chairman and one vice-chairman. The zoning administrator
shall act as secretary for the board.
All meetings, transactions and records of action of the board shall be
o9en to the public: The board shall adopt rules and regulations for the
transaction of business.
B. POWERS AND DUTIES OF BOARD OF APPEALS.
1. INTERPRETATION. The board shall interpret the word terms, rules.
regulations, provisions and restrictions of this ordinance:, where there
is doubt as to the meaning thereof. and shall determine the location
of boundaries of districts where uncertainty exists after the rules
in Section 4 hereof for determining said boundaries have been ap-
plied.
Before making any interpretation the board may hold a public hear-
ing thereon, after fixing a reasonable time for the hearing and
giving due notice thereof to the parties. In exercising its power of
4nterpretatio4i, the board may act upon application, upon written re-
quest from the Town Board, from the planning commission, or from
the zoning administrator. or upon Its own motion.
2. APPEALS — VARIANCES. The board shall hear appeals from and
review any order. requirement, decision or determination made by
• the zoning administrator. Where there is practical difficulty or an-
necessary hardship in the way o! carrying out the strict letter of
this ordinance, the board, in passing upon an appeal, may recommend
that the Town Board vary or modify any of its rules. regulations or
provisions relating to the construction, structural changes in or altera-
tion of building or structures including yard. lot area. lot wieth, lot
coveerage. first floor area, parking space, open sp"ce and height
reg att3ions, or the use of land, buildings. or structures, so that the
spirit of this ordinance shall be observed. public safety and welfare
secured, and substantial justice done. The board may also rec-
ommend the following to the Town Board, in specific cases:
a. Reduction or adjustment of required spaces and facilities in con-
nection with permitted buildings and uses in C•1 and C•2 'Dis-
tricts.
b. Waiver of the front yard depth required in a specific case and
establishment of a differeat front yard requirement where front
yard depths of existing buildings within a distance of 150 feet on
both sides of a building to be erected average more thsn 6 feet
greater or more than 6 feet less than the front yard depth re-
f 15 --
quired for the District.
c. Modification of the requirements of Section 7 for the provision
of automobile harking stalls as follows:
(1) In a case where existing off-street parking facilities, open
to the use of the public free of charge or at reasonable rates. '
have unused parking capacity, the board may recommend that
the Town Board reduce the parking space requirement for any
use distant not more than 500 feet therefrom by not more than
the number of stalls of unused capacity.
(2) In a case where any public or private off-street parking
facility, to bl open to the use of the public free of charge
or at a reasonable rate, is under construction or planned, and
when completed will cater to the parking demand in an area
within 500 feet thereof, the board may recommend that the
Town Board establish a reasonable time period within which
any use or uses within such area shall provide reuired spaces
for parkins stalls, anticipating that, upon completion of all or
a portion of such developtnent, the provisions of paragraph (1)
above, may be applied.
(3) As provided in paragraph 4 under subsection B of Section 7.
(4) In a case where it is clearly shown by the applicant to the
satisfaction of the board and the Town Board that the pro-
vision of space required herein for parking stalls, due to
the particular nature of a proposed use or other condition
would be unnecessary or a practical difficulty -r would create
an unnecessary hardship, the board may recommend that the
Town Board vary such requirement.
3. APPROVAL OF SPECIAL USE PERMITS FOR CERTAIN USES. The
board of appeals shall consider applications for special use permits
referred to appeals
the zoning administrator. as provided in Section 3.11
and in 12 hereof. The issuance of any such permit shill be rec-
ommended to the Town Board only if the board of appeaLs shall
find that tne.proposed use. including use of land, buildings, facilities
and accessories, in the proposed location will not be dangerous or
otherwise detFlmental to persons residing or working in the`-Vid-I ty_
thereof, or to-�he public welfare, and will not impair the use, en- i
joyment or value of any property.
4. CONDITIONS. In acting upon any matter the board may determine
and recommend to the Town Board gnat in order to protect the
public health, safety, convenience and welfare, or to avoid traffic
cc.ngestion or hazard or other dangers, or to promote conformity of a t
proposed use with the character of adjoining property and uses and
the district as a -whole, or to protect such character. the issuance of
a -jermit applied for should e subject to the following or other
conditions• p
a. Time limits within which the permit shall be valid or a use shall i
be conducted_ t
b. Adherence to modified yard, lot area, lot width, lot coverage.
floor area, parking space, open space and height requirements in
lieu of the requirements herein.
c. Provision of off-street parking spaces in specified amounts, pro-
vision of spaces or easements for screen planting. for utility lines
or for necessary facilities and services and provision of other
areas and open spaces.
d. Limitation of use or specification of manner of maintaining and
conducting same.
• e. Structural requirements.
f. Dedication to the public of areas required for public purposes.
The Town Board may require a written agreement, deposit of cer-
tified check or funds. a bond. or other assurance of faithful
observance of conditions, the violation of which shall invalidate +
the permit and shall be considered a violation of this ordinance. f
s. L•IMITATION OF POWERS. The powers and duties of the board of i {
appeals, except its power of interpretation. shall be limited to action
on specific appeals and applications only. No board action or rec-
ommendation to the Town Board and no Town Board action shall
change or have the effect of changing any rule. regulation. provision l
or restriction of this ordinance, except by following the procedure,
established herein for making an amendment, but shall affect only its`
application in a specific case before the board.
C. BOARD OF APPEALS VOTE - HEARING - TOWN BOARD ACTION.
The concurring vote of 2 members of the board shall be necessary to
approve ar appeal or to approve any application for any variance or
the issuance of any special use permit and before any such action is +
taken the board mad• hold a hearing and give due notice Liereof, in- j
eluding not less than 10 days notice of the time and place thereof. car- 1
rled in a newspaper published in Hennepin County. At the hearing.
parties at interest. and their agents shall .be given an opportunity to be .4
heard.
16 --
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• Any action consisting of any recommendation to the Town Board
shall be reported to the board within a reasonable time, accompanied
by the original application.
Within 30 days thereafter, the Town Board shall consider the recom-
mendations of the board of ap als. Favorable action shall be by re-
solution, by majority vote, referring to the recommendations of the
board of appeals, granting a variance, modification or adjustment and
approving or ordering the issuance of the necessary permit or special
use permit by the zoning administrator, subject to such conditions as
may be established.
Section 11. AMENDMENTS, The Town Board may amend this ordinance
or the district map from time to time. A proposed amendment may be
initiated by the Town Board upon its own motion or following a request,
therefor, from the planning commission. or board of appeals, or following
a petition, therefor, from any affected person or persons or their agents.
A. REPORT BY PLANNING COMMISSION — PUBLIC RZj%RING. The
Town Board shall require a report from the planning commission on
any proposed amendment before taking final action thereon. The plan-
ning commission shall thereupon make a tentative report and shall
hold a public hearing thereon with notice the same as required for the
pUbl:c hearing by the Town Board, before submitting its final report.
Such final report shall be submitted within 60 days after the time of
referral of the proposed amendment to it. unless the board agrees to an
extension of time.
B ACTION BY TOWN BOARD — PUBLIC HEARING. After receipt of the
required final report from the planning commission on a proposed
amendment, or, after 60 days after the time of referral of the amend-
ment to the commission. in the event no such report is received, the
Town Board shall hold a public hearing, after which the proposed
amendment may be passed or disapproved. Not less than 10 dayn'
notice of the time and place of the public hearing snail first be carried
in a newspaper published in Hennepin County. Parties at interest, citi-
zens or their age,its, shall be given an opportunity to be heard.-& two-
thirds vote of all the members of the board shal �Sd for pas-
en men .
Section 12. ZON NISTRATOR, PERMITS, PLATS.
A. ZCNING ADMINISTRATOR. The Town Board of the Town of Eden
Prairie shall appoint a zoning administrator for administratering and
enforcing the provisions of this ordinance, and for exercising the follovr-
ina powers and duties and sect, additional as the Board may direct:
` 1. To issue or approve all permits and certificates required by this or.
dinance, including permits good for one year for temporary uses and
buildings for commerce or industry in P-O-C, R-A. R-1, R-2, and
R-C Districts, and for industry in other districts, when incidental to
r the erection or equipping of structures or uses permitted in such
districts.
2. To cause any building. structure, land, place or premises to be in-
spected and examined and to order in writing the remedying of any
condition found to exist in violation of this ordinance.
3. To act as Secretary for the board of appeals and to carry out and
enforce any decisions or determinations of said board. -
B. PERMITS REQUIRED. A building permit or special use permit shall
be applied for and shall be issued by the zoning administrator before
the erection, construction, recor struction, alteration, enlargement or
moving of any building, except any consisting only of minor alteration
or repair not involving enlargement, moving, change or use or estab-
lishment of a new use, and whose full value is less than $250.00.
If the zoning administrator is someone other than :.he building in-
spector. a building permit Issued by the building inspector shall be
approved by the zoning administrator.
C. PERMIT APPLICATION. PLAT, Each application for a building per-
fcR�wsii2 S�i3> ? ;Stsls mit or special use permit shall be accompanied by a drawing or plat,
in duplicate, drawn to scale and showing the lot. the proposed build-
ings thereon, and dimensions of lot and buildings; the location and
proposed use of the buildings; the Iocation. dimensions, present and pro-
posed use of any existing building on the same lot. information on pro-
j posed facilities for sewage disposal, other waste disposal and water
supply, meeting the requirements of applicable codes. ordinances and
regulations; and such information on front yard depths and other
yard sizes on other lots. and such other information as the zoning ad-
ministrator shall require for the enforcement of this ordinance.
D. SPECIAL USE PERMIT. A special use permit shall be applied for and
shall be issued for such buildings and uses as are permitted in various
districts only after securing such a special use permit, as provided
herein. The zoning administrator shall receive such applications, shall
refer them to the board of appeals for approval or disapproval, and if
approved. shall refer them to the Town Board. The Towa Board. upon
approval, shaU order the zoning administrator or the building inspector
to issue such special use permits after securing written agreements.
17
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4 :.
1
or other required assurance of faithful observance of such conditions as "
may have been established in the Town Board's action.
E- LAND ALTERATION PERMIT. A land alteration permit shall be
applied for and shall be issued by the zoning administrator for such
excavating, grading and filling of any land as would be a substantial y
a:teration of existing ground contour or would change existing drainage
or cause flooding, and for such removal or destruction of ground
cover as would result in less beneficial cover for present and pro-
posed future development. and would impair the use and enjoyment
of any property according to the intent and purpose of this ordinance
F. WTHHOLDING PERMITS FOR UNSAFE, INSANITARY CONSTRUCT10N.
N_ permit shall be issued for any building or-construction or Iand altera-
tion not in conformity with the regulations hereof, or with the regula-
tions and requirements of other applicable ordinances or codes, or for
any which the zoning administrator or other issuing officials determine
would be unsafe or insanitary.
G. FEFS. Fees for building permits and other permits required for
zoning purposes shall be established by the Town Board, and may be
large enough to defray the cost of the issuance of permits and any
examinations, or investigations required in connection therewith by the
issuing officials, or engineers or consultants retained for the pur-
pose.
Section 13. CERTIFICATE OF OCCUPANCY
A. A certificate of occupancy, stating that all of the provisions of this
ordinance have been fully complied with shall have been obtained
from the zoning administrator before:
1. Any structure for which a building permit is required is *used or
occupied. includin any conversion of any building to provide addi-
tional dwelling units.
ts.
2. Any use of an existing structure is changed to a use of a different
classification.
3. Any non-conforming use is changed.
&, In the case of a structure or use established, altered. enlarged or
moved upon the issuance of a conditional permit o- special use per-
mit therefor, after recommendation by the board of appeals and ap-
proval by the Town Board, a certificate of occupancy shall be i-sued
only if all the conditions thereof shall have been satisfied.
C Application for a certificate of occupancy shall be made to the zoning
administrator when the structure or use is ready for occupancy and
within 10 days thereafter he shall inspect such structure or use, and
if found to be in conformity with all provisions of this ordinance, shall
sign and issue a certificate of occupancy.
Section 14 ENFORCEMENT, VIOLATIONS, PENALTIES.
A Ail departments, officials and employees of the Town of Eden Prairie
who are vested w;th -he duty or authority to issue permits or licenses
shall issue no such permit or license for any use, structure or pur-
pose if the same would not conform to the provisions 'of this ordinance.
B. If any building or structure is erected, constructed. reconstructed. re-
paired. altered, enlarged, converted, maintained or moved. or if any
building, structure or land is used in violation of,this ordinance the
zoning administrator shall order in writing the correction of such viola-
tion. If, within 30 days, or such longer time as the zoning administrator
may in writing authorize. any such conditions have not been cor-
rected, he shall cause appropriate action to bA instituted for correc-
tion or abatement.
C The zoning administrator, or Town attorney or other official designated
by the Town Board may institute appropriate action ae proceedings
for the purpose of:
1. Preventing any violation.
iifi kt3S�Sts?t�i.
2. Restraining, correcting or abating such violation.
3. Preventing the occupancy of any building, structure or land in
violation of this ordinance.
4. Preventing any illegal act, conduct, business or use in or about any
building, structure or land in violation of this ordinance.
D Any person. firm or corporation violating the provisions of this ordi-
nance shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than $100 or be imprisoned for
not more than 90 days. Eacl day any violation shall exist shall con-
stitute a separate offense.
Section 15. INTERPRETATION. In interpreting and applying the provisions
of this ordinance. they shall be held to be the minimum requirements
adopted for the promotion of the public health, safety. morals. comfort, con-
venience, and general welfare. Wherever the provisions hereof require a
greater width, depth or size of yards, courts or other open spaces, or
require a lower height of building or less number of stories or less per-
centage of lot occupancy or require a greater lot area or width, a greater
first floor area. a larger number of automobile parking spaces, or impose
other higher standards than are required by any other statute. ordinance
y
-
!2.I�1�i.t7.t�i:
or regulations, the provis.ons of this ordinance shall govern. Wherever the
provisions of any other statute, ordi:i:wvc or regulation require a greater
width, depth or size of yards, courts or other open 'spaces, 'or require a
lower height of a building or a less number of.'storles, or less percentage
of lot occupancy or require a greater lot area or .width, a greater first
floor are1. a larger number of automobile parking ' spaces, or impose
other higher standards than are required by th@ ,provisions hereof. the
provision of such .statue, ordinance or regulation shall govern.
Section 16. CONFLICTING LAWS, ORI)iNANCES. & RESOLUTIONS RE-
PEALED. Zoning resolution adopted May 25. 1948 1s hereby repealed. The
following amendments. to said Zoning Resolutions. and,- each of. them,
are hereby repealed: Resolution No. 2 adopted June 12, 1956; Resolution No.
4 adopted May 7. 1957: and Resolution No. 6 adopted August 13, 1957. , .
Section 17. VALIDITY. Sections, sub-sections, clautes. -provisions and
portions. of this ordinance are deemed to be severable ,and should. any
section, sub-section, clause, provisions or portion of this ordinance be de-
clared by a court cf Jurisdiction to be. unconstitutional or in-
valid, the same shall not affect the validity of this .ordinance as a whole
or any part thereof other than the part so declared to be unconstitutional
or invalid.
Section 18. SAVING CLAUSE. No express repeals of ordinances •as..set
forth in this section, and no repeals implied by the provisions of. this
ordinance shall have any effect of any kind and nature whatsoever upon
any proceedings in law or in equity, civil or criminal, pending in any of
the courts of this state on the effective date of this ordinance.
Section 19. EFFECTIVE DATE: The effective date of this ordinance shall
be June 12. 1958.
ADOPTED by the Town Board of the Town of Eden Priarie this 7th
day of March, !958
ATTEST:
S/ELMER CLARK. Clerk S/XENNETH ANDERSON
Published: May 22, 1958
(May 22)—R
TOWN OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 9
AN ORDINANCE CREATING A ZONING AND PLANNING t
' COMMISSION FOR THE TOWN OF EDEN PRAIRIE
THE TOWN BOARD OF THE TOWN OF EDEN PRAIRIE ORDAINS:
Section 1. Appointment and Organization. A Zoning and Planning Com-
mission is hereby established and vested with such administrative author-
ity as is hereinafter provided and provided by the laws of the state of :
Minnesota. The commission shall consist of five (5) citizen freeholders who
have been residents and taxpayers in the Town of Eden Prairie for at
least five (5) years. Each rric:mber shall have the right to vote on all
matters before the commission. The live (5; citizen members shall be
appointed by the Town Board. The commission shall serve without com-
pensation other than such compensation as its members may receive
for other services performed for the Town of Eden Prairie. Each citizen
member shall be appointed for a term of three (3) years, The citizens
who are members of the commission on the effective date of this or-
dinance shall continue to be and act as members of the commission until
the expiration of the term for which they were originally appointed. Any
citizen may be removed by a two-thirds (?s) vote of the Town Board. The ;
Clerk of the Town Board shall act as secretary of the commission and the ¢
Town .Attorney shall act as legal counsel for the commission. t
Section 2. Zoning Powers. The Zoning and Planning Commission, sub-
ject to the approval and confirmation of the Town Board, shall have r
3 ?'Sscx�:atN> ,arr� power by ordinance to regulate the location, height, bulk. number of
stories, size of buildings and other structures, the location of roads
and schools, the percentage of lot which may be occupied. the sues of
yards and other open spaces, the density and distribution of population.
the uses of buildings and structures for trade. industry, residence, rec-
reation, public activities, or other purposes, and the uses of land for
trade, industry, residence. recreation, agricu)' re, forestry, soil conserva.
tion, water supply conservation, or other purposes. For these purposes
it may divide •.e town into districts or zones of such numbers, shape
and area as may be deemed best suited to carry out the purposes of ,
this subdivision.
Section 3. Town Plan. The Zoning and Plannin# Commission shall
prepare and recommend to the Town Board for adoption a comprehensive
plan for the development of the town, including proposed public building. i
street arrangements and improvements, public- utility service. parks, play-
grounds, and other similar developments, the use of the
property, the
density of population and such other :natters relating to the physical de.
t velopment of the town. Such plan may be prepared in sections, each of
which shall relate to a major subject of the plan. n
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Section 4. Public Hearing on the Plan. Before recommending to the Town
Board the adoption of the town plan or any section of it or any substantial
amendment thereot or addition thereto, the commission shall hold at
least one public hearing thereon, notice of the time and place of which
shall be published in the official newspaper of the town at least seven q
days before the date of such hearing.
Section 5. Town Board Action. The Town Board may adopt or reject _
any plan or any amendment of it or addition to such plan which may
be submitted to it by the Zoning and Planninc Commission. The Town
Board may amend or add to any plan submitted to it but shall hold at
least one public hearing on any amendment or addition after, giving the
published notice hereinbefore r- -uired. That this ordinance shall talc- effect
from and after its publication. g
Section 6. Effective Date: The effective date of this ordinance shall
be June 12. 1958.
Passed by the Town Board of the Town of Eden Prairie this lsth
day of May, 1959.
S/KENNE7W E. ANDEPUSON
Chairman of the Town Board of the
Toxin of Eden Prairie
ATTEST:
WELMER E. CLARK
Town Cleric
(May 22)—R
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AFC. i DAVIT OF PUBLICAT N
ourrrrrrurs.Drat..uuurr.uuu...uuuu.ru.uror.r...,.�..r...u.•_..•... /_ wV
LU, mil(
The Hennepin County Review -
Hopkins, Minn.
State of Minnesota
County of Hennepin
JOHN E. TILTON, being duly sworn, on oath says: that he now Is and during all the time herein-
stated has been JOHN E. TU-TON, the publisher_--_-end newspaper w
as The Hennepin Count Review, and has full knowledge prfntar______ot the news a er known
p y ge of the facts hereiu stated. 444
That for more than one year immediately prior to the publication therein of the priated
Town of Eden
Prairie. Ordinance No. $, an ordinaries relating `
" 6-grid "�-"s EaBrfsTg a coalprehensive zoning plan for the r .a
Town of Eden Prairie. . . r ;
---- - ------------------------------------------------------------------------------------ '�`
-hereto attached, said newspaper was printed and published in the Xngliah language from its s'
]mown office of publication within the County of Hennepin. State of Minnesota, on Thursday of
each woek in column and sheet form equivalent in space to 450 running inches of single cola--na
two inches wide; has been issued from a.known office established In said place o1 publication '.
equipped with skilled workmen and the necessary material for preparing and printing the same:
THE HENNTPIW COL7NTY REVIEW has had in its makeup not lase than twenty-five percent
of its news columns devoted to local news of interest to said community It purports to serve.the
press work of which has been done In its said known place of publication; has contained general
news, continents and miscellany; has not duplicated any other publication- has not been entire- ,
ly made up of patents, plate matter and advertfsem nts; has been circulated at and near Its Bald r'
place+ of publication to the extent of 240 copies regularly delivered to paying subscribers; has bbein
watered as second class mall matter :n loud post office of Its said place of publication. that there y
has baea on file in the office of the County Auditor of said county the affidavit of a person Ihav-
Ing first hand knowledge of the facts constituting its qualification as a newspaper for publication
of legal notices; and that its publishers have compiled with all demands of said County Auditors" pw
for proofs of its said qusliflmtlon.A copy of each issue has been filed with the State Historical Society,5t.Naul.
That the printed------Ordinance-No.
-8----------------------------------------- r
•
hereto attached as a part 2:ereoi was cut from Lhc columns of said newspapet: was published � Sri � �.
r E
therein in the Eagliat language once a week for-___ 021E--------- weeks; that it was j
first so published on the----__22nd_---..-day of-----------AMy--------------- 19_.ta and °
thereafter on--------------------------of each week to and Including the-----------------_ a
day of--------------------------, 19____; and that the following is a copy of the lower case a
alphabet which is acknowledged to have been the s!$e and kind of type used in the publlca-
tlon of said ----------Ordinance No. g --------------------- - --------
sbcdefghUklmno---tuvwxys
---- --- - - _-z�^-_ � - ---
Publishes
Subscribed and sworn to before ine thyr_ a----dsy of--- _ ----•aM-_-------, 19_ �
COR M E. W=111MS d .
Notary Public. Hennepin Cou>atq, 984.
My Commission Expires June 19, 1984