HomeMy WebLinkAboutCity Council Ordinance 2013-13CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2013-13
AN ORDINANCE AMENDING SECTION 21465.07 OF THE PLYMOUTH CITY CODE
ALLOWING TRADE SCHOOLS ASA CONDITIONAL USE (2013021)
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendment. Section 21465.07 of the Plymouth City Code (C-3, HIGHWAY
COMMERCIAL DISTRICT—CONDITIONAL USES) is amended by adding language to
section 21465.07 as follows:
21465.07. CONDITIONAL USES: The following are conditional uses in the C-3
District and require a conditional use permit based upon procedures set forth in and regulated by
Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit
shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5
and 21015.04 of this Chapter.
Subd. 1. Accessory retail, accessory rental, or accessory service activity other than
that allowed as a permitted use or conditional use within this Section, provided that:
(a) Such accessory use is allowed as a permitted use in a commercial district.
(b) Such accessory use does not occupy more than 50 percent of the gross floor area
of its associated principal use, or more than 2,500 square feet, whichever is less.
(Amended by Ord. No. 2002-32, 11126102)
Subd. 2. Antennas not located upon an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 3. Buildings in excess of height limitations as specified in Section 21465.13
of this Chapter, provided that:
(a) For each additional five feet in height above the maximum building height
specified in this district, the front and side yard setback requirements shall be increased
by one foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 4. Commercial car washes (drive-through, mechanical and self-service as a
principal or accessory use) with one or more bays provided that:
(a) Stacking space is provided to accommodate an appropriate number of vehicles
and shall be subject to the approval of the City Council.
(b) The entire area shall have a drainage system which is subject to the approval of
the City and gives special consideration to the prevention of ice build up during winter
months.
(Amended by Ord. No 2006-27, 10/10/06)
Subd. 5. Convenience grocery markets with prepared food and/or motor fuel sales
with accessory car wash (no vehicle service or repair), provided that:
(a) Convenience/deli food is of the take-out type only and that no provision for
seating or consumption on the premises is provided. Furthermore, that the enclosed area
devoted to such activity, use and merchandise shall not exceed 15 percent of the gross
floor area.
(b) The storage, preparation and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon the applicable State and County regulations.
(c) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use permit.
Outdoor display .of merchandise shall be allowed by administrative permit, pursuant to
Section 21465.11, Subd. 5 of this Chapter.
(d) The off-street loading space(s) and building access for delivery of goods shall be
separate from customer parking and entrances and shall not cause conflicts with customer
vehicles and pedestrian movements.
(e) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless extended
by the Council as part of the conditional use permit.
(f) Motor fuel facilities shall be installed in accordance with State and City standards.
Additionally, adequate space shall be provided to access gas pumps and to allow
maneuverability around the pumps. Underground fuel storage tanks are to be positioned
to allow adequate access by motor fuel transports and unloading operations which do not
conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
(g) A protective canopy located over pump islands may be an accessory structure on
the property and may be located 20 feet or more from the front lot line, provided
adequate visibility both on and off site is maintained.
(h) All canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded. Illumination levels for pump islands shall comply with Section 21105.06 of
this Chapter.
(i) Litter Control. The operation shall be responsible for litter control within 300 feet
of the premises and litter control is to occur on a daily basis. Trash receptacles must be
provided at a convenient location on site to facilitate litter control.
0) All pumps and any related canopy shall be set back at least 300 feet from
residentially zoned or guided property, unless screened by an intervening building or
located across an arterial or major collector roadway from residentially zoned or guided
property.
(k) Accessory Car WashNacuums.
(1) No more than one car wash bay shall be allowed.
(2) The car wash shall be designed to be an integral part of the principal
building, and may not be a separate freestanding structure.
(3) The site shall provide stacking space for the car wash. The amount of
stacking space shall take into. account the type of car wash and the amount of time
it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces
or traffic circulation.
(4) The exit from the car wash shall have a drainage system which is subject
to the approval of the City and gives special consideration to the prevention of ice
build-up during winter months.
(5) Neither the car wash nor an accessory vacuum shall be located within 300
feet of any residentially zoned or guided property, unless completely screened by
an intervening building or located across an arterial or major collector roadway
from residentially zoned or guided property.
(6) Both the car wash and accessory vacuum shall conform to noise
regulations as defined in Section 21105.10 of this Chapter.
Subd. 6. Day care facilities as a principal or accessory use, provided that the use
complies with Section 21150 of this Chapter.
Subd. 7. Delicatessens/coffee houses with drive-through service, provided that:
(a) The operation shall be responsible for litter control within 300 feet of the
premises and litter control is to occur on a daily basis. Trash receptacles must be
provided at a convenient location on site to facilitate litter control.
(b) The drive-through operation shall comply with the performance standards listed in
Section 21120.09 of this Chapter.
Subd. 8. Drive-in and/or drive-through restaurants, provided that:
(a) The storage, preparation and service of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon applicable State and County requirements.
(b) Litter Control. The operation shall be responsible for litter control within 300 feet
of the premises and litter control is to occur on a daily basis. Trash receptacles must be
provided at a convenient location on site to facilitate litter control.
(c) These facilities shall be located only on sites having direct access to a minor
arterial street, collector or service road.
(d) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections.
(e) Alcoholic beverages shall not be sold or served.
(f) Drive-through service windows may be allowed subject to the performance
standards stipulated in Section 21120.09 and Section 21135 of this Chapter.
(Amended by Ord. No. 2012-05, 02128112)
Subd. 9. Dry cleaners with accessory processing facilities provided that:
(a) The business does not exceed 3,000 square feet.
(b) The retail portion of the tenant space (including the counter area and clothing
storage) occupies a minimum of 25 percent of the total gross floor area of the building or
lease area.
(c) The use generates no or minimal hazardous waste, as determined by Hennepin
County.
Subd. 10. Entertainment, live; in association with a restaurant.
Subd. 11. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 12. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five feet in height or 20 square feet in area, necessary for the health, safety and
general welfare of the City, excluding public works type facilities, provided that equipment is
completely enclosed in a permanent structure with no outside storage.
Subd. 13. Laundromats, self-service washing and drying, provided that the hours of
operation are limited to 7:00 AM to 10:00 PM.
Subd. 14. Motor vehicle fuel sales (excluding those accessory to a convenience
grocery market); and automobile repair—minor provided that:
(a) Regardless of whether the dispensing, sale or offering for sale of motor fuels
and/or oil is incidental to the conduct of the use or business, the standards and
requirements imposed by this Section for motor fuel stations shall apply. These standards
and requirements are, however, in addition to other requirements which are imposed for
other uses of the property.
(b) Motor fuel facilities shall be installed in accordance with State and County
standards. Additionally, adequate space shall be provided to access gas pumps and to
allow maneuverability around the pumps. Underground fuel storage tanks are to be
positioned to allow adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on the site.
(c) Whenever fuel pumps are to be installed, pump islands shall be installed. Pump
islands and their related parking and maneuvering aisle shall be located no closer to the
street or adjacent property lines than this Chapter allows for parking spaces, provided that
such location does not encroach upon street right-of-way, pedestrian areas, or adjacent
property.
(d) A protective canopy located over pump islands may be an accessory structure on,
the property and may be located 20 feet or more from the front lot line, provided
adequate visibility both on and off site is maintained. All canopy lighting for motor fuel
station pump islands shall be recessed or fully shielded. Illumination levels for pump
islands shall comply with Section 21105.06 of this Chapter.
(e) There shall be no outdoor service operation of lubrication equipment, hydraulic
lifts of service pits, tire changing, drive systems repair and tuning, or similar operations.
(fl No outside storage shall be allowed except as specifically allowed by separate
administrative use permit, pursuant to item (h) below and Section 21465.11, Subd. 7 of
this Chapter.
(g) Sale of products other than those specifically mentioned in this sub -section shall
be limited to those allowed in this district and shall be subject to approval as part of the
conditional use permit.
(h) No outside storage of parts, equipment, or inoperable vehicles shall be allowed.
Subd. 15. Trade Schools.
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its
passage.
ADOPTED by the Plymouth City Council on April 23, 2013.
Kelli Slavik, Mayor
ATTEST:
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