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HomeMy WebLinkAbout2013-02-26 CC Approved Amended Ordinance 2013-401-02 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2013- 401 - 02 AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO DEFINE ANIMAL CARE SERVICES AND TO ALLOW ANIMAL CARE SERVICES AS AN ACCESSORY USE WITH A YEARLY ADMINISTRATIVE PERMIT WITHIN THE B -2 GENERAL BUSINESS DISTRICT AND THE B-4 LIMITED BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.B. Definitions of the Zoning Ordinance is hereby amended to add the following definition: Animal Care Services: A business established for animal daycare, grooming and other related services, and limited overnight boarding of animals. SECTION 2. Section 401.30.D. Accessory Uses, of the B -2 General Business District of the Oak Park Heights Zoning Ordinance is hereby added to read as follows: 401.30.D. Accessory Uses. 4. Animal care services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Overnight boarding of an animal shall be limited to no more than fourteen consecutive nights. b. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. c. The facility shall not be open to the public between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. Animals shall be leashed at all times they are outside of the building. g. The owner of the property must additionally approve the placement of the facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. SECTION 3. Section 401.301.D. Accessory Uses, of the B-4 Limited Business District of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 401.301.D Accessory Uses. 4. Animal care services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Overnight boarding of an animal shall be limited to no more than fourteen consecutive nights. b. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. c. The facility shall not be open to the public between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. Animals shall be leashed at all times they are outside of the building. g. The owner of the property must additionally approve the placement of the facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. SECTION 4. The Planning Commission of the City of Oak Park Heights held a public hearing at their February 14, 2013 meeting, took comments from the public, and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 5. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 26 day of February, 2013 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS / i (-7;7tic6--c-/ Mary Comb r, Mayor ATTEST: 1 i Erit !ohn-f , City Administrator