Planning Report

Date:	September 21, 1999

Subject:	Zoning Ordinance Amendments for the following:

Section 2-270 - Definition of "Family"

Section 11-010 f) - Lighting for off-street parking lots.

Applicant:	City of New Brighton

Background

Over the past several months the above issues have been raised by the City Council and/or the Planning Commission and were recommended to be considered as amendments to the Zoning Ordinance. The Planning Commission is therefore asked to consider the following report as draft amendments to these Sections of the Zoning Ordinance for discussion. Based on the comments made by the Planning Commission, a formal Zoning Ordinance amendment would then be brought back to the Planning Commission next month for a Public Hearing.

Staff Comments

Section 2-270 - Definition of "Family"

The City has recently received a complaint regarding the number of unrelated persons living together in a single family residential home. In discussing the matter with the City Attorney, it was found that the provisions of the zoning ordinance may be difficult to enforce. The following is the City's current definition of "Family": Section 2-270. Family - An individual or two (2) or more persons related by blood, marriage, or adoption living together as a family unit.

Under this definition the Zoning Ordinance does not allow an unmarried couple living together (whether the same sex or opposite sex), foster children, children living with families in preparation for adoption, or taking in the friend of a teen-age child who was having trouble at home.

Section 4-020.b. allows keeping up to two "boarders and/or roomers by a residential family". These terms are not defined in the Zoning Ordinance, however, the dictionary definition for both involves the element of pay for the room or for meals. Therefore, the exception for boarders or roomers would not address the situations noted above as examples of prohibited uses of property in a single-family residential zone.

Therefore, the City Attorney has serious doubts that the current language in the Zoning Ordinance could withstand a legal challenge if the court were presented with any one of a number of common, everyday living situations such as those described above.

The City Attorney has provided staff with examples of how other Cities define "Family", and is suggesting that the City revise its definition of family to resemble a definition as provided below:

Example Family Definitions

New Brighton:	"An individual or two (2) or more persons related by blood, marriage, or adoption living together as a family unit."

Blaine:	"An individual or a group of two or more persons each related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household, and using common cooking and kitchen facilities, exclusive of usual servants."

Crystal:	"One or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than three (3) persons not so related, maintaining a common household and using common cooking and kitchen facilities."

Maple Grove:	"An individual or a group of not more than four (4) individuals, none of whom are related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence; or up to two (2) adult individuals, whether related or unrelated, and the parents and children of each, if any, residing in the same dwelling unit and maintaining a common residence; or the temporary guests of any of the above staying on the premises for no more than thirty (30) days in any twelve (12) month period."

Brooklyn Park:	"An individual or a two (2) or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household, and using common cooking and kitchen facilities."

Richfield:	"One (1) person or a group of persons related by blood, marriage, adoption, including foster care children and bona fide domestic servants employed on a full-time basis by the family in the dwelling unit; or a group of up to three (3) persons some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household. The definition does not include sororities, fraternities, or other similar organizations."

Fridley:	"An individual or a group of two or more persons each related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household, and using common cooking and kitchen facilities, exclusive of usual servants."

Robbinsdale:	"One or more persons each related by blood, marriage, or adoption, or a group of not more than four (4) persons not so related maintaining a common household, and using common cooking and kitchen facilities."

As demonstrated above, communities generally define families the same by a group of people related by blood, marriage, adoption, and foster care or a group of people (3 or 4) not so related maintaining a common household. The City of New Brighton's definition stops short of allowing additional people unrelated. Therefore, staff is recommending an amendment to the definition of family to allow not more than four (4) such persons living together. The amendment may read as follows:

SECTION 2-270. FAMILY

An individual or two (2) or more persons related by blood, marriage, adoption or foster care arrangement living together as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household, and using common cooking and kitchen facilities.

Section 11-010 f) - Lighting for off-street parking lots

As discussed as part of the review of the Hollywood Video store on Silver Lake Road, the City Council has asked staff and the Planning Commission to consider an amendment to Section 11-010.f of the Zoning Ordinance regarding lighting for off-street parking. Section 11-010.f currently reads as follows:

"All off-street parking areas of twelve (12) or more spaces for residential uses shall be illuminated to an average maintained horizontal level of one (1) foot candle at ground level over the entire surface of the parking area during all nighttime hours. Off-street parking for commercial, industrial, institutional, and public uses shall be illuminated to the above standard during nighttime hours."

In a research of past site plan reviews, per Section 8-010 a.6., the City has traditionally required exterior lighting to be "installed so as to prevent direct light from being detectable at the lot line of the site on which the light source is located", and not enforced Section 11-010.f.

In consideration of an amendment Staff again conducted a survey of Twin Cities communities to see how others regulated lighting for off-street parking. The following are the results:

City	Regulation
New Brighton	1 foot candle average over the entire site
Roseville	.5 foot candle at the property line
Shoreview	.4 foot candle at the property line abutting residential property and 1 foot candle at any other property line
Eagan	No foot candle requirement - Code requires no glare, and lights must point downward
Oak Park Heights	No foot candle requirement - Code requires no glare, and lights must point downward
Mounds View	1 foot candle at centerline of adjacent roadway; .4 foot candles max at adjacent residential lot line - Code also requires no glare, and lights must point downward
Coon Rapids	3 foot candle at the property line - Code requires no glare, and lights must point downward
Arden Hills	.4 foot candle at the property line abutting residential property and 1 foot candle at any other property line
Lakeville	Maximum site illumination shall not exceed one (1) foot-candle at ground level when measured at any boundary line with an adjoining residential property or any public property.

Lighting at the periphery of the site and building shall be directed downward, and individual lights shall not exceed fifteen (15) foot-candles at ground level.

Total canopy illumination below the canopy may not exceed one hundred fifteen (115) foot-candles at ground level.

In speaking with the various staff members of these communities, it was agreed that New Brighton's requirement of an average of one (1) foot candle over an entire commercial site may be a bit restrictive, and may even be a safety issue, as a site with an average of 1 foot candle would not be very bright. As demonstrated above, most Cities require a .4 foot candle requirement at the property line abutting residential uses, and 1 foot candle at any other property line. Therefore, staff is recommending an ordinance amendment that would incorporate those requirements. The following is potential language for an Ordinance Amendment:

f.	Lighting

1.	Maximum site illumination shall be regulated as follows:

a.	Site illumination shall not exceed 0.4 foot-candles at ground level when measured at any boundary line with an adjoining residential property or any public property, and shall not exceed 1 foot candle at any other property line.

b.	Lighting on the site and building shall be directed downward, and installed so as to prevent direct light from being detectable at the lot line of the site on which the light source is located.

Cary K. Teague, City Planner