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HomeMy WebLinkAboutCity Council Ordinance 2013-11CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2013-11 AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2012075) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS—DEFINITIONS) is amended by adding, deleting, or changing the following definitions as follows: Shoreland Related: (a) Shoreland: Land located within the following distances from, public waters: one theusemd(1,000) feet from the ordinary high water level of a lake, pond, or flowage; and or t,ffee htmdre 4300) feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, <Aaeh(< —�� `�°'Q"+��' when the bank is not clearly defined. The limits of shoreland may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Commissioner of the Department of Natural Resources. Sign Related: (e) Changeable Copy Sign: A non -electronic sign or portion of a sign that has a readerboard for the display of text information in which each alpha -numeric character or symbol is neither' et " + d da may be changed or rearranged manually or mechanically with characters, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. Townhouse: A single structure consisting of at least three (3) dwelling units having the first story at or near the ground level with no other dwelling units or portions thereof directly above or below, and each unit having direct exterior access with no sharing of a -a common hallway for entry. (Amended by Ord. No. 2005-01, 01/11/05) (1) Tree, Overstory• A species of tree that is anticipated to achieve a mature height exceeding 25 feet. Tree, Understory A species of tree that is anticipated to achieve a mature height of 25 feet or less. Wind Energy Conversion System (WECS), Related Terms: (a) Wind Energy Conversion System (WECS): Any device such as a wind charger, windmill or wind turbine and any related equipment whie-1-that converts wind energy into f usable electrical energy. (b) WECS Freestanding: A WECS that is attached upon a self supporting monopole structure. (c) WECS Rooftop: A WECS that is attached to the roof of a building. Yard: Any open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. d is let line and the main building shall be used exeW in the case of a 1 eentaininor ad-.4--e-e-tiea of a wetland, in which ease the distaneebetween neafest edge of the wedand buffer and the main building, shall be as provided by Siec-tie 21z vT SECTION 2. Amendment. Section 21022.01, Subd. 4 of the Plymouth City Code (PUBLIC NOTICE SIGNING—PUBLIC NOTICE SIGNING) is amended as follows: Subd. 4. Signs shall be installed on all non-residential sites whish -that are located within five 1,,,,,a,.^a (500) lineal feet of any residential property and wbieh are the subject of am of the following: applications: Jar- the aa ^variance, from the Zoning Of4i anee e onr-he Sub&4sien Cede; and .,,.,,.,h,,atiens fig,- conditional use permits, interim use permits or major site plan including amendments thereto. For the purpose of this Section, "residential property" shall include all properties within any RSF or RMF zoning district, and any property within the FRD zoning district that is designated for residential uses by the Land Use Guide Plan of the Comprehensive Plan. (2) SECTION 3. Amendment. Section 21105.11, Subd. 2 (a) (6) of the Plymouth City Code (GENERAL BUILDING AND PERFORMANCE STANDARDS—OUTSIDE STORAGE/DISPLAY) is amended as follows: (6) Off-street parking of not more than one commercial vehicle of less than 12,000 pounds gross vehicle weight rating (GVWR) er-and of not more than one fally enclosed commercial trailer with a bed length of 14 feet or less on an established driveway or parking area that is surfaced in compliance with Section 21135.07, Subd. 1 of this Chapter. SECTION 4. Amendment. Section 21105.11, Subd. 3 (c) of the Plymouth City Code (GENERAL BUILDING AND PERFORMANCE STANDARDS—OUTSIDE STORAGE/DISPLAY) is amended as follows: (c) Parking of Commercial Vehicles and Commercial Trailers. Un to three commercial vehicles or commercial trailers (or a combination thereof totaling three) with a dross vehicle weight rating (GVWR) of 12,000 pounds or less may be parked on a lot within any vard area without screening provided they relate to the principal use. Commercial vehicles or commercial trailers exceeding three with a aoss vehicle wei„ht rating (GVWR) of 12,000 pounds or less may be parked on a lot provided they relate to. the principal use and are not parked within a front vard area unless the yard qualifies as an equivalent side or rear yard Additionally, such parking shall be screened in compliance with Section 21130 of this Chanter if the yard where the -harking would occur abuts, or is readily visible hom residential land use. Commercial vehicles 'or coininercial trailers with awoss vehicle weight rating (GVWR) of over 12 000 pounds may be parked on a lot provided they relate to the principal use are not parked within a front yard area unless the yard qualifies as an equivalent side or rear vard and are screened in compliance Witl1 Section 21130 of this Chapter. R.M. .. ... . . . ... .. • ! �F 4mended by Ord. No.i (3) SECTION 5. Amendment. Section 21115.02, Subd. 1 of the Plymouth City Code (GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—HEIGHT) is amended as follows: Subd. 1. The building height limits established in each zoning district shall not apply to the following list of items, except that no such structural element may exceed 50 feet in total height or exceed the maximum allowable height of the building by more than 10 feet, whichever is greater, except by conditional use permit. (a) Antennas installed on an existing structure. (b) Belfries. (c) Chimneys or flues. (d) Church spires. (e) Cooling towers. (f) Cupolas and domes which do not contain usable space. (g) Elevator penthouses. (h) Flag poles. M, n+H %xv (}i) Parapet walls. (kj) Necessary mechanical and electrical appurtenances. (1) Solar panels. (in!) Storage tanks appurtenant and attached or adjacent to the principal use that are located within a side or rear yard. SECTION 6. Amendment. Section 21115.04, Subd. 1 (e) of the Plymouth City Code (GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—YARDS) is amended as follows: (e) Air conditioning ei- - ,equipment and generators may be located in a side or rear yard, provided sueh eA 'r et e t least six feat -r• any lot line that for �e 1 C 3 ICS fE six S�CZ 31 VL11 any residential uses they are set back at least 6 feet from side and rear lots lines. and that for non-residential uses they comply with the minimum setback requirement for accessory structures as prescribed by the applicable district. Air conditioning ef4e equipment and generators shall not be located within the front yard area that lies between the front lot line and the closest wall projection of the principal building to the front lot line, except that on corner lots or through lots, stie , equipment thev may be located within a front yard area that abuts a side or rear building fagade (not the front building fagade containing the main entrance). In no case shall such equipTent-items be permitted to encroach into an existing or required drainage and utility easement, unless approved by the City Engineer. (4) SECTION 7. Amendment. Section 21120 of the Plymouth City Code (ACCESSORY BUILDINGS, STRUCTURES, AND USES) is amended as follows: SECTION 21120 - ACCESSORY BUILDINGS, STRUCTURES, AND USES 21120.01. RESIDENTIAL USES: In addition to other applicable regulations of this Section the following rm—ilations shall apply to residential uses: S .i- d. 1. No . esssefy building, 7 1-, 11 1, allowed within a 1;;-..n b whieh qualifies as an --ar- e -r- side �wd as defined by this Chapter-, pr-eN4ded it meets Subd. 21. An attached accessory building (e.g., garage, storage or workshop area, etc.) not exceeding 1,000 square feet in floor area shall be permitted per dwelling unit. The exception is that if an attached accessory building is constructed with a main level and with a lower level (i.e., below grade or walk out) using materials such as pre -cast concrete plank, such attached accessory building shall not exceed 1,000 square feet of floor area per level. Attached accessory buildings that exceed the amount specified in this subdivision are not allowable, except by conditional use permit. (Amended by Ord. No. 2004-02, 01113104) Subd. 32. Not more than one detached accessory building containing 120 square feet in gross floor area or less shall be allowed per lot. Subd. 43. Not more than one detached accessory building containing over 120 square feet in gross floor area shall be allowed per lot. Subd. 54. No building permit shall be required for detached accessory buildings containing 120 square feet in gross floor area or less, however, such buildings shall comply with all applicable regulations set forth in this Chapter. (Amended by Ord. No. 2000-06, 02129100) (Amended by Ord. No. 2002-02, 01122102) (Amended by Ord. No. 2008-09, 03125308) 21120 02 YARD LOCATION• Unless otherwise allowed by this Chapter, no detached accessory) building structure or use shall be allowed within a front vard ,excot that a detached accessory use building or structure may be allowed within a front yard that qualifies as an equivalent rear or side yard as defined by this Chapter, provided it meets the minimum front vard setback specified for the principal building on the lot. (5) 21120.5303. ACCESSORY BUILDINGS WITH ALLEY ACCESS: Accessory buildings having direct vehicular access onto an alley shall be set back 20 feet from the alley lot line. In cases where reasonable difficulty is encountered in meeting this requirement, the Zoning Administrator may approve deviations to the setback standard. (Amended by Ord. No. 2008-09, 03125108) 21120.5304. SIZE AND LIMITATIONS: Subd. 1. In the FRD and RSF Zoning Districts and for single family detached dwellings in the RMF Zoning Districts, no detached accessory building shall equal more than 30 percent of the area of the rear yard or contain over 700 square feet in gross floor area, whichever is less. The exception is that in the FRD district, a detached accessory building may exceed 700 square feet in gross floor area upon issuance of a conditional use permit. . Subd. 2. In the case of single family detached dwellings, the gross floor area of an accessory building shall not exceed the gross floor area of the principal building. Subd. 3. Except in the case of single family detached dwellings, the total amount of accessory building- space for all other uses shall not exceed 30 percent of the gross floor area of the principal buildingis), except by conditional use permit. Commercial and industrial uses shall be limited to not more than two accessory buildings (excludes dumpster enclosure structures). Subd. 4. The maximum height of accessory buildings and structures shall be prescribed in the applicable district, provided that the height of an accessory building or structure shall not exceed the height of the principal structure, except as may otherwise provided in this Chapter. (Amended by Ord. No. 2002-02, 01122102) (Amended by Ord. No. 2008-09, 03125108) 21120.5405. CONDITIONAL USE PERMITS: Application for a conditional use permit under this section shall be regulated by Section 21015 of this Chapter. Such a conditional use permit for an accessory structure may be granted provided that: Subd. 1. There is a demonstrated need and potential for continued use for the structure for the purpose stated. Subd. 2. In the case of residential uses, no commercial or home occupation activities are conducted on the property. Subd. 3. The building has an evident reuse or function related to the principal use. (6) Subd. 4. The accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 21120.0506 SETBACKS: Accessory buildings in the residential districts shall be set back from adjoining lots as prescribed in the applicable district. Accessory buildings in the non- residential districts shall be set back from adjoining lots as prescribed for the principal building on the lot. (Amended by Ord. No. 2004-02, 01113104) 21120.0-607. ACCESSORY BUILDING NOT ALLOWED PRIOR TO CONSTRUCTION OF PRINCIPAL BUILDING: No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (Amended by Ord. No. 2007-05, 01123107) 21120.0708. BUILDING MATERIALS: Subd. 1. Except in the FRD Zoning District and except as may be allowed by Subd. 3 of this subsection, all accessory buildings in excess of 120 square feet shall be architecturally consistent with the principal structure, and shall incorporate similar or complementary design elements, roof pitch, colors, and building materials, except that solariums and greenhouses (attached or detached) shall be exempt from this provision. Subd. 2. Accessory buildings constructed primarily of canvas, plastic fabric, or other similar non -permanent building materials shall be prohibited, except that structures used exclusively as greenhouses shall be exempt from this provision. Subd. 3. Non-residential uses allowed in the residential districts may be allowed to have an all metal or fiberglass accessory building in excess of 120 square feet by conditional use permit, provided the building is located in the rear yard and is screened and landscaped from adjacent residentially zoned or used property and public rights-of-way in accordance with Section 21130 of this Chapter. (Amended by Ord. No. 2002-02, 01122102) (Amended by Ord. No. 2010-01, 02123110) (Amended by Ord. No. 2012-05, 02128112) 21120.0809. TRASH RECEPTACLES: Except as otherwise provided, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: Subd. 1. Exterior wall treatment shall be similar and/or complement the principal building. (7) Subd. 2. The enclosed trash receptacle area shall comply with the setback requirements of Section 21120.05 of this Chapter. (Amended by Ord. No 2002-32, 11126102) (Amended by Ord. No. 2005-01, 01111105) Subd. 3. The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation. Subd. 4. The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way. Subd. 5. The design and construction of the trash enclosure shall be subject to the approval of the Building Official. Subd. 6. Recycling space shall be provided as required by the Minnesota State Building Code. Subd. 7. Noise emanating from trash collection activities shall be minimized so as not to constitute a nuisance as defined and regulated by Section 2010 of the City Code. (Amended by Ord. No 2002-32, 11126102) (Amended by Ord. No. 2000-06, 02129100) 21120.0910. DRIVE THROUGH BUSINESSES: Where allowed, drive through businesses shall comply with the following: Subd. 1. The facility shall be located only on a site having direct access to a minor arterial street, collector or service road. Subd. 2. All portions of drive through facilities established after 7 March 1995, including but not limited to service windows, ordering stations and stacking spaces, 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 street from residentially zoned or guided property. (Amended by Ord. No. 2008-09, 03125108) Subd. 3. The facility's public address system shall not be audible from any adjacent residentially zoned or guided property and comply with Section 21105.10 of this Chapter. Subd. 4. Required Stacking Space. (a) Pharmacies. Pharmacies with one drive through lane shall provide stacking space for at least five vehicles, and pharmacies with two or more drive through lanes shall provide stacking space for at least three vehicles per lane, as measured from and including the last pick up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation. (8) (b) Banks containing less than 6,000 square feet. Banks containing less than 6,000 square feet of gross floor area with one drive through lane shall provide stacking space for at least six vehicles, and banks containing less than 6,000 square feet of gross floor area with two or more drive through lanes shall provide stacking space for at least four vehicles per lane, as measured from and including the last pick up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation. (c) All Other Uses. Businesses with one drive through lane shall provide stacking space for at least 10 vehicles, and businesses with two or more drive through lanes shall provide stacking space for at least six vehicles per lane, as measured from and including the last pick up station, window, or the like. Stacking spaces shall not interfere with parking spaces or traffic circulation. (Amended by Ord. No. 2004-02, 01/13104) (Amended by Ord. No. 2008-09, 03/25/08) Subd. 5. The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections. Subd. 6. Alcoholic beverages shall not be sold or served. Subd. 7. All elements of the drive through service area, including but not limited to associated signage, order stations, teller windows, and vehicle lights from the stacking lanes, shall be screened from adjacent residentially zoned or guided property pursuant to Section 21130.03 of this Chapter. (Amended by Ord. No. 2008-09, 03/25/08) 21120.4-011. CARPORTS: Subd. 1. Carports shall comply with all regulations for an accessory building as set forth in this Chapter, and with the regulations set forth in this subsection. Subd. 2. Carports shall be used for the parking of vehicles (includes recreational vehicles), and shall not be used for the storage of household or personal items, lawn equipment, furniture, parts, and the like. The exception is that refuse containers and stacked firewood may also be kept under a carport (attached or detached) that is located in a side, rear, or equivalent yard. Subd. 3. Carports shall not exceed 300 square feet in area. Subd. 4. The eave line (or lowest sloped roof section if there is no eave) for a carport shall be at least seven feet in height, but shall not exceed 10 feet in height, Carports with flat roofs shall be at least seven feet in height, but shall not exceed 10 feet in height. (Amended by Ord. No. 2010-01, 02/23/10) (9) SECTION 8. Amendment. Section 21130.02 of the Plymouth City Code (FENCING/SCREENING/LANDSCAPING—GENERAL LANDSCAPING AND MAINTENANCE) is amended as follows: 21130.02. GENERAL LANDSCAPING AND MAINTENANCE: All exposed ground areas, i ,^i,,ding ^+Feet bet4ev r,a , within the lot and as -that are not devoted to off-street parking; drives, sidewalks, patios or other such improvements shall be landscaped with grass, shrubs, trees,, or other ornamental landscape materials within 90 days following the date of building occupancy or one year after the building permit is issued, whichever occurs first. All exposed ground areas within the street boulevard abutting the lot that are not devoted to driveways. sidewalks. or trails shall be landscaped with grass within 90 days following the date of building occupancy or one year after the building permit is issued, whichever occurs first. The Zoning Administrator may alter this -the schedules in the case of demonstrated hardship due to sources beyond the control of the property owner (including weather conditions, reasonably unforeseen material, equipment or labor shortages; continuing presence of large construction equipment actively involved in the project) upon request of the property owner. In the event the time period defined above lapses between October 1 and April 30, the property owner shall have until the following June 1 to complete the landscaping. All landscaped areas shall be kept neat, clean and uncluttered, and where landscaping is required as part of City approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise, unless otherwise authorized by this Chapter. Fences and/or plantings placed upon utility easements are subject to removal by the City or utility company if required for maintenance or improvement of the utility. In such case, costs for removal and replacement shall be the responsibility of the property owner. Trees on utility easements containing overhead wires shall not exceed 15 feet in height, and such trees shall be the property owner's responsibility to maintain. (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2008-24,10114108) SECTION 9. Amendment. Section 21130.03, Subd. 2 (c) of the Plymouth City Code (FENCING/SCREENING/LANDSCAPING—REQUIRED FENCING, SCREENING, AND LANDSCAPING) is amended as follows: (c) Number of Trees. The minimum number of new eyes trees on any given site shall be as follows: (1) Residential Uses. Single family and two family dwellings shall require net trees (may be new trees or preserved pre-existing trees) within the front yard. at least one of which must be an overstory tree. Townhouse dwellings, manor home dwellings, and manufactured home parks shall require a minimum of two new overstory trees per dwelling unit. Apartment developments shall require trees as follows: (1.0) a. Developments with 50 or fewer dwelling units shall require a minimum of two new overstory trees per dwelling unit; b. Developments with more than 50 dwelling units shall require a minimum of 1.5 new overstory trees per dwelling unit; and C. Developments within the RMF -5 district shall require 0.75 new overstory trees per dwelling unit. d. If the planting provision results in overcrowding, as determined by the city, the developer may plant fewer trees on the site, provided a cash fee in accordance with Section 530 of the City Code is deposited in the Community Planting Fund to make up the difference between the trees required by this provision and the trees actually planted on the site. (2) Non -Residential Uses -- New Development. New non-residential developments or uses shall require at a minimum the greater of: a. One new overstory tree per 50 lineal feet of site perimeter; or b. One new overstory tree per 1,000 square feet of gross building floor area. If the floor area ratio (FAR) for the site would be 0.5 or greater, the developer may plant fewer trees on the site than required by this provision to prevent overcrowding, provided a cash fee in accordance with Section 530 of the City Code is deposited in the Community Planting Fund to make up the difference between the trees required by this provision and the trees actually planted on the site. (3) Non -Residential Uses -- Expansion to Existing Development. Expansion of existing non-residential developments or uses shall require at a minimum one new overstory tree per 1,000 square feet of expanded gross floor area. (4) Overstory Trees/Equivalency. An q iyalent of -up oto 50 percent of the required number of overstory trees on a site may be substituted with-the-+Fe—Qf ever-steipy trees in eembination with other- landseape desigil e4ements as listed i Sean equivalent number of understory trees or shnnibs. In such case, not less than -three understory trees or ten shrubs shall be s.�d equivalent to one overstory tree. SECTION 10. Amendment. Section 21130.05, Subd. 3 of the Plymouth City Code (FENCING/SCREENING/LANDSCAPING—SCREENING OF MECHANICAL EQUIPMENT) is amended as follows: Subd. 3. Rooftop mechanical equipment less than three feet in height, --solar panels and wind energy conversion systems (WECS) shall be exempt from the screening requirements of Section 21130.05, Subd. 2. of this Chapter. (Amended by Ord. No. 2009-07, 05112109) SECTION 11. Amendment. Section 21135.16 of the Plymouth City Code (OFF-STREET PARKING AND LOADING—DRIVE THROUGH BUSINESSES) is amended as follows: 21135.16. DRIVE THROUGH BUSINESSES: In addition to the provisions of this Section, drive through businesses are also regulated by Section 21120.0910 of this chapter. SECTION 12. Amendment. Section 21155.05 of the Plymouth City Code (SIGN REGULATIONS—GENERAL REGULATION AND RESTRICTIONS) is amended as follows: 21155.05. GENERAL REGULATIONS AND RESTRICTIONS: The following standards shall apply to all signs in all districts as permitted by this subdivision unless specifically set forth otherwise by this Section. Determination as to the applicability of the standards to any given sign shall rest with the Zoning Administrator subject to the administrative appeal procedures set forth in this Section. Subd. 1. All signs hereafter erected or maintained, except for official or traffic signs, shall conform to the provisions of this Section; with other applicable ordinances and regulations of the City; and, relative to all federal and state highways, with the Minnesota Outdoor Advertising Control Act, Minnesota Statutes, Section 173.01, as amended. Subd. 2. Unless specifically prohibited, all signs may be illuminated internally or by reflected light subject to the following: (a) The light source shall not be directly visible and shall be arranged to reflect away from adjoining premises. (b) The illumination source shall not be placed so to cause confusion or hazard to traffic, or to conflict with official or traffic signs, signals, or lights. (c) Maximum illumination levels: (1) Signs using an LED (Light Emitting Diode) light source shall not exceed a luminance level of 600 candela per square meter (nits) between sunset and (12) sunrise, and shall not exceed a luminance level of 5,000 candela per square meter between sunrise and sunset. (2) Signs using florescent, neon, or incandescent light sources shall not exceed 12 watts per square foot of sign surface area. (3) All signs with illumination shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions (e.g., dusk). (d) No illumination involving movement, by reason of the lighting arrangement, lighting source, changes in either color or intensity of lighting, or other devices shall be permitted. This includes video display signs (except as allowed in Section 21155.05, Subd. 2 (e) and scoreboards as allowed in Section 21650 of this Chapter), or any signs that have blinking, flashing, scrolling, shimmering, and rotating, except that time and temperature signs may be allowed. Furthermore, the transition from one static electronic display to another must be instantaneous without any special effects. (e) An electronic changeable copy sign, electronic graphic display sign, video display sign or a changeable copy sign, in addition to other permitted signage, may be permitted provided the following conditions are met: (1) The message shall not be visible from any public street. (2) The portion of the sign allocated to changeable copy shall be no greater than six square feet. (3) The sign shall comply with all other signage regulations. (f) Electronic changeable copy and electronic graphic display signs shall be designed and equipped to freeze the device in one position if a malfunction occurs or immediately discontinue the display. Additionally, the sign owner shall immediately stop the display if notified by the City that the sign is not complying with the standards of this Chapter. (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2012-12, 03/27/12) Subd. 3. The message or display on electronic changeable copy signs or electronic graphic display signs shall not change more than one time every 15 minutes, except for those signs permitted by Section 21155.05 Subd. 2 (e) and time and temperature signs. A display of time or temperature must remain for at least 15 minutes before changing to a different display, but the time and temperature information itself may change. (Amended by Ord. No. 2008-09, 03/24/08) Subd 4 With the exception of theater marquees, changeable copy signage (electronic or not) is not allowed to be placed on walls. Subd. 45. Signs painted directly on building exteriors are not permitted. (13) Subd. 56. Except as otherwise limited by this Section, No no freestanding sign -s shall project higher than 36 feet above grade. Subd. §7. Except as otherwise limited by this Section, no freestanding sign shall exceed 160 square feet in surface area. (Amended by Ord. No. 2008-09, 03124/08) Sinndin Fn2 g sign F T Max. 160 sq. ft. 36' Max Subd. -78. No wall sign or other sign attached to a building shall project above the roof line or parapet of the building to which it is attached or shall constitute a roof sign as defined by this Section. The exception is that wall signage may be placed partially over the roof area of buildings with flat roofs, provided such signage is located upon a perpendicular building column projecting from an exterior wall, and the signage is counted toward the allowable wall signage for the wall to which the column is attached. No wall signage may be placed higher than the roof line or parapet on a perpendicular building column projecting from an exterior wall that exceeds eight feet above the parapet of the building or roof line of the building (if the building has no parapet). (Amended by Ord. No. 99-5, 01119199) (Amended by Ord. No. 2010-01, 02123110) (Amended by Ord. No. 2012-23, 08114112) Subd. 8. No sign shall be erected or placed that resembles any official marker directed by a government agency, nor shall signs display such words as "stop" or "danger" except that in shopping centers these or other traffic signs may be used where deemed appropriate by the City Engineer. Subd. -3 i0. No sign shall obstruct any window, door, fire escape, stairway, or other authorized or required building opening. Subd. 4-911. No sign shall be erected or placed that, by reason of position, shape, size, or color, would interfere with proper functioning of a traffic sign or with reasonable visibility at a street intersection. Subd. 4412. Signs shall not be permitted within the public right-of-way, or within dedicated public easements except the following: (a) Temporary public announcement signs for city-wide and free or civic community events. (Amended by Ord. No. 2010-01, 02123110) (b) Temporary directional real estate signs for community -wide annual events such as the "Parade of Homes". (c) Official or traffic signs erected by a governmental agency. (14) Subd. 42213. The owner, lessee, or manager of any sign, and the owner of the land upon which the sign is located, are responsible for keeping the grass and other vegetation cut and for keeping debris and rubbish cleaned up and removed from the property where the sign is located. Further, the same parties shall be responsible for assuring that every sign, including those which may be specifically exempt from these regulations relative to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant material. Subd. 4-3:14. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the licensee, sign owner, or owner of the property upon which the sign stands, upon written notice of the City Zoning Administrator. Subd. 4415. No signs shall be permitted which include content classified as "obscene" as defined by Minnesota Statutes Section 617.241. Subd. 4516. All signs shall direct primary attention to the business, commodity, service, activity, or entertainment conducted, sold, or offered on the premises where the sign is located, except as otherwise specified and allowed. Subd. 461.7. The construction of all signs permitted by this Section shall be in accordance with the Minnesota State Building Code, which is hereby adopted by reference as part of this Section, a copy of which shall be maintained by the Zoning Administrator. Subd. 4-718. No temporary or permanent sign shall be tacked, or otherwise attached to trees, fences, utility poles, light posts, or other such structures or supports, unless expressly permitted by this Section or other law. This prohibition includes signs or sign panels attached to outdoor athletic field fences. (Amended by Ord. No. 2012-05, 02/28/12) Subd. 4-819. No multi -vision sign or any other sign which revolves, rotates, or has any visible moving parts shall be permitted, except that signs alternately displaying time and temperature and barber poles may be allowed. Subd. 4-920. No temporary or permanent sign shall be permitted in conjunction with any home occupation or licensed home occupation. Subd. UZI. No new outdoor advertising signs are permitted in any zoning district, except on scoreboards as permitted by Section 21650.07. Outdoor advertising signs which existed on April 1, 1998 shall be considered conforming uses. (Amended by Ord. No. 2008-09, 03/24/08) (Amended by Ord. No. 2012-12, 0312 7112) Subd. 2422. Outdoor advertising signs are a principal use of property. All such signs must be removed as a condition of subdivision, platting, site plan, or PUD approval for new uses or structures on the parcel where the outdoor advertising sign is located. No such sign that is non -conforming by reason of height, area, or location shall be altered or expanded to allow an electronic graphic display, changeable copy sign, or electronic changeable copy sign. (Amended by Ord. No. 2008-09, 03124/08) (15) Subd. 2323. Signs are not permitted on bus benches. Subd. 2324. The owner of any sign which is otherwise allowed by this Section may substitute non-commercial speech in lieu of any other commercial speech or non-commercial speech. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. This substitution of copy may be made without any additional approval or permitting so long as the substitution changes the message of the sign only. The exemption to separate approvals or permits shall not be construed as relieving the sign owner from responsibility for its erection and maintenance or its compliance with the provisions of this Section or any other law or ordinance regulating the same. Subd. 2425. No mobile sign shall be permitted, except those specifically allowed in Section 21155.06 Subd. 1 (c) (4). Subd. M266. Banners shall be permitted only as temporary signs in conjunction with temporary events or sales, and shall require a separate sign permit unless approved as part of an administrative permit. The sign area calculation shall be determined based on the outer dimensions of the banner. Area = Length x Width Le WidthBannarM10� D0�� �DT0000n Subd 27When neon tube LED tube or similar accent light banding is installed, it shall be limited to the same building/canol2v facades where other wall/canopy signage is allowed. (Amended by Ord. No. 2007-04, 01123107) (Amended by Ord. No. 2007-04, 01123107) (Amended by Ord. No. 2008-09, 03125108) (Amended by Ord. No. 2008-13, 05127/08) (Amended by Ord. No. 2009-07, 05/12109) (Amended by Ord. No. 2011-05, 02122111) (16) SECTION 13. Amendment. Section 21155.06, Subd. 1 (a) of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: (a) On -Site Directional Signs. On-site directional signs shall be permitted in any approved off-street parking area, when deemed necessary for the orderly movement of traffic, provided all the following conditions are met: (1) Directional signs shall not exceed 4eu-r-4 square feet of in surface area, and shall not project higher than eight feet above grade, except tiat-as noted below: a. dDirectional signs for buildings over 400,000 square feet in area shall not exceed 14 square feet of in surface area and shall not project higlger than 8 feet above grade. b For business or industrial campuses_ institutions, or similar uses, directional signs that are internal to the site and not visible off the site shall not exceed 16 square feet in surface area and shall not project higher than 8 feet above grade. (2) Directional signs directed at persons off the site shall be limited to one such sign per street access to the site. (3) Directional signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. (4) Directional signs shall be located and designed so as to not obstruct traffic or vision of drivers and pedestrians. (�� n 4. 17c SECTION 14. Amendment. Section 21155.06, Subd. 1 (b) of the Plymouth City Code (SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows: (b) Off -Site Directional Signs. (1) In addition to other freestanding signs permitted in the applicable zoning district, off-site directional signs are permitted for businesses, apartment complexes, or institutions that are not located on a minor arterial or a major collector street. Such uses may display one off-site directional sign on private property that abuts a minor arterial or major collector street, subject to the following requirements: (17) a. Off-site directional signs may be located in any zoning district. b. There shall be no more than one off-site directional sign for each business, apartment complex or institution. C. Off-site directional signs shall be visible from a minor arterial or major collector street. d. Off-site directional signs shall be located at the major intersection nearest to the business, apartment complex or institution displaying the sign. e. There shall be no more than one off-site directional sign per intersection corner. f. Off-site directional signs shall not exceed fi3uf 4 square feet in surface area, or -and shall not project higher than eight 8 feet i- ham- above grade. g. Off-site directional signs shall not be illuminated. Max. 4sq. ft. T Site 9 o Max. l h. At least 7x-50percent of the surface area shall be used to direct traffic to a specific location. i. Off-site directional signs cannot be transferred to any other entity without review and permitting by the Zoning Administrator. j. Off-site directional signs shall be located outside of the sight visibility triangle. k. No off-site directional sign shall be located on any property without the written consent of the current property owner. The applicant for the sign permit shall be responsible to obtain written consent from subsequent property owners. 1. Off-site directional signs required by the City of Plymouth for public safety purposes are subject to the above requirements. Such signs may exceed feur-4 square feet in area to accommodate an affected location address. (Amended by Orel. No. 2001-26, 08114/01 (2) One off-site directional sign for properties located in commercial or industrial districts may be located on an abutting premises if deemed necessary by the Zoning Administrator in order to avoid confusion to the traveling public and (18) assist emergency vehicles in locating the premises, provided all the following conditions are met: a. The signage -rights are designated in a recorded easement or similar instrument. b. The premises served by the off-site directional sign shall not have direct access to a public street. C. The off-site directional sign shall be located on a premises that 1) provides access to the premises served by the off-site directional sign, and 2) has access on an arterial or collector roadway. d. At least 75--50 percent of the surface area shall be used to direct traffic to a specific location. e. The sign shall eemply NN4� all eth ordinance r€f rune " exeept that the ma-xmum height of—suc-h sign The off-site directional sigh shall not exceed 4 square feet in surface area, and shall not project higher than 5 feet above grade. Max. 4 sq. ft. T �t ffiux. � 1 SECTION 15. Amendment. Section 21155.06, Subd. 2 (c) (1) of the Plymouth City Code (SIGN REGULATIONS—RESIDENTIAL DISTRICT REQUIREMENTS -SIGNS FOR NON- RESIDENTIAL USES) is amended as follows: (1) One freestanding sign not to exceed 32 square feet in surface area. The sign shall be located at least 10 feet from lot lines, and shall not exceed 6 feet in height. The sign may include a changeable copy sign or an electronic changeable copy sign subject to the following: Max. 32 sq. ft. T Area — Max Id antif icat ion - I Sign a. The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. b. The color of feet—&�text for an electronic changeable copy sio. shall be white or amber with a contrasting dark background. C. The sign shall be set back at least 50 feet from side and rear lot lines, except that in no case shall such signage be set back less than 100 feet from any directly abutting residentially guided or used property. (19) d. For- prepefties with more gi ab u#ing roadvr'izsY u SIV sig with eleeb7enie elements shall be leeated en the "hest elassifieatien feadwa�- When a changeable copy sign or an electronic changeable copy sign is located on a property that abuts more than one roadway, such sign shall be placed along the highest classification roadway. e. Only one sign with -? . t-reiiie elemerAs changeable copy sigm or electronic changeable copy sign shall be permitted per lot. For developments with two or more structures and/or lots, only one sign wit# feet+er4e e e -me As changeable copy sign or electronic changeable cop sign shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12/09) f. The portion of the sign dedicated to changeable copy or electronic changeable copy shall not be illuminated between the hemi- of 10:30 PM and 6:00 AM. SECTION 16. Amendment. Section 21 155.06, Subd. 3 (b) of the Plymouth City Code (SIGN REGULATIONS—O DISTRICT REQUIREMENTS) is amended as follows: (b) Freestanding Signs. One freestanding sign not exeee 4in-g-to exceed 64 square feet in surface area, -m ursheight-4 or 16 feet in height. The sign shall be set back at least 10 feet from lot lines. The sign may include a changeable copy sign or an electronic changeable copy sign subject to the following: (1) The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. (2) The color of e'Z etreflie-text for an electronic changeable copy si shall be white or amber with a contrasting dark background. (3)O . e1 ;,-11-1 _ -located-e tl e t 7 sAl ¢; ,,, ,. e.,.a. 'a3,. A changeable copv sign or an electronic changeable copy sign shall be locatedin a manner that minimizes views ('to the extent possible) from residential proL)erties. (4) Only one ;nomtlexents changeable copy sign or electronic changeable copy sign shall be permitted per lot. (Amended by Ord. No. 2009-07, 05112109) (20) SECTION 17. Amendment. Section 21155.06, Subd. 4 (c) (2) of the Plymouth City Code (SIGN REGULATIONS—COMMERCIAL DISTRICT REQUIREMENTS) is amended as follows: (2) The freestanding sign may contain a time and temperature sign, a changeable copy sign, an electronic changeable copy sign, or an electronic graphic display sign, subject to the following restrictions: a. The portion of the sign containing changeable copy (electronic or not) or electronic graphic display shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. b. The electronic portion of the sign shall not exceed 64 square feet. C. , eleet.,., nie eleffiefits Shall he lee-+eA „r t�,o s ;�� or+ .� �; +; .� , ,, <rray b A changeable copy sign, electronic changeable copy si .. or electronic graphic display sign shall be located in a manner that minimizes views (to the extent possible) from residential properties. d. Only one sign with eleetrenie elements changeable copy sign, electronic changeable copy sign, or electronic graphic display sign shall be permitted per lot. (Amended by Orel. No. 2009-07, 05/12/09) SECTION. 18. Amendment. Section 21155.06, Subd. 5 (c) of the Plymouth City Code (SIGN REGULATIONS—CC DISTRICT REQUIREMENTS) is amended as follows: (c) Freestanding Signs: (1) CC -R & E and CC -OT & R: One monument sign shall be permitted per lot, provided the height shall not exceed 10 feet, and the surface area of the sign shall not exceed 32 square feet. Such signage shall be set back at least 10 feet from all lot lines. The monument sign may include a changeable copy sign or an electronic changeable copy sign, provided the color of eleetFenie text on an electronic changeable copy signs shall be white or amber with a contrasting dark background. Fer prepe ft; es that .,bub „znra ,lass; e do ,.,,.,a...ay A changeable copy sign or an electronic changeable cop sign shall be located in a manner that minimizes views (to the externt_T)ossible from residential properties (21) Max. 32 sq. ft. TMonUme� 10' Sign Max 1 text on an electronic changeable copy signs shall be white or amber with a contrasting dark background. Fer prepe ft; es that .,bub „znra ,lass; e do ,.,,.,a...ay A changeable copy sign or an electronic changeable cop sign shall be located in a manner that minimizes views (to the externt_T)ossible from residential properties (21) (2) CC -P: One monument sign shall be permitted per lot; provided the height shall not exceed 10 feet, and the surface area of the sign shall not exceed 64 square feet. Such signage shall be set back at least 10 feet from all lot lines. The monument sign may include a changeable copy sign, an electronic changeable copy sign, or an electronic graphic display sign, provided it is set back at least 15 feet from all lot lines and the color of ^'�-text on an electronic changeable copy signs shall be white or amber background. with a contrasting dark (3) For properties directly abutting Highway 55, one freestanding sign not exceeding 36 feet in height shall be permitted per lot in lieu of the monument sign identified in (1) above, provided the surface area of the sign shall not exceed 100 square feet. Any such freestanding sign shall be located between Highway 55 and the building, and shall be setback at least 10 feet from all lot lines. The sign may include a changeable copy sign or an electronic changeable copy sign, subject to the following restrictions: Permanent Copy Electronk Changeable Message Max. 64 square feet 36' iu�nx Freestanding Sign Max 100 square feet a. The color of k-etfenie-text on an electronic changeable copy signs shall be white or amber with a contrasting dark background. b. The electronic portion of the sign shall not exceed 64 square feet. C. Only one sign with electreftie ele ne changeable copy sign or electronic changeable copy sign shall be permitted per lot. (Amended by Ord. No. 2009-07, 05112/09) (22) Max. 64 sq. ft. TMonument 10' Sign Max with a contrasting dark (3) For properties directly abutting Highway 55, one freestanding sign not exceeding 36 feet in height shall be permitted per lot in lieu of the monument sign identified in (1) above, provided the surface area of the sign shall not exceed 100 square feet. Any such freestanding sign shall be located between Highway 55 and the building, and shall be setback at least 10 feet from all lot lines. The sign may include a changeable copy sign or an electronic changeable copy sign, subject to the following restrictions: Permanent Copy Electronk Changeable Message Max. 64 square feet 36' iu�nx Freestanding Sign Max 100 square feet a. The color of k-etfenie-text on an electronic changeable copy signs shall be white or amber with a contrasting dark background. b. The electronic portion of the sign shall not exceed 64 square feet. C. Only one sign with electreftie ele ne changeable copy sign or electronic changeable copy sign shall be permitted per lot. (Amended by Ord. No. 2009-07, 05112/09) (22) SECTION 19. Amendment. Section 21155.06, Subd. 6 (c) of the Plymouth City Code (SIGN REGULATIONS—INDUSTRIAL DISTRICT REQUIREMENTS) is amended as follows: (c) Freestanding Signs. One freestanding sign shall be permitted per lot, provided it shall not ex„exceed 100 square feet in surface area or 36 feet in height,-atK1-1-s Such signage shall be set back at least 10 feet from all lot lines. The surface area of the sign may be increased to a maximum of 160 square feet for industrial developments of over 20 acres. The sign may include a changeable copy sign or an electronic changeable copy sign subject to the following: (1) The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. T.q.— g. 36' MX Freestanding Sign (2) The color of e ems- --text on an electronic changeable copy sigi 1 shall be white or amber with a contrasting dark background. (3) The electronic portion of the sign shall not exceed 64 square feet. (4) b elements shall b 7 t 1 the highest 6-t acafi .,, "'-'TC7G41.'L�.a vxs .....�. �a..J......., ., ... .a�. _= zEx-rcm icradway—A changeable co y sign or an electronic changeable civ sign shall be located in a manner that minimizes views (to the extent possible) from residential properties. (5) Only one __g_ with eleet .,,nie ele e=ts-changeable coign or electronic changeable copy sign shall be permitted per lot. (Amended by Orel. No. 2009-07, 05/12109) (23) SECTION 20. Amendment. Section 21155.06, Subd. 7 (b) of the Plymouth City Code (SIGN REGULATIONS—P-I DISTRICT REQUIREMENTS) is amended as follows: (b) One monument sign per street frontage, provided that: (1) The sign dee; shall not exceed 64 square feet in surface area or 10 feet in height. The sign shall be set back at least 10 feet from lot lines. (Amended by Ord. No. 99-5, 01 /19199) (2) The sign may include a changeable copy sign, an electronic changeable copy sign,, or an electronic graphic display sign, provided that: a. The sign shall be set back at least 50 feet from side and rear lot lines, except that in no case shall such signage be set back less than 100 feet from any directly abutting residentially guided or used property. (Amended by Ord. No. 2009-07, 05/12/09) b. The portion of the sign dedicated to changeable copy (electronic or not) or electronic Mphic display shall not be illuminated between the hours e1 10:30 PM and 6:00 AM. dc. ', a sign with even -e elements shall be leeated on the highest l; i,.ation r -eau., „ assw�avi. uy. When a changeable copy sign (electronic or not) or electronic graphic display sign is located on a property that abuts more than one roadway, such sign shall be placed along the highest classification roadway. ed. Only one sign .,it e eetFenye elmoiAs changeable copy sign, electronic changeable copy sign, or electronic g_apl�ic display shall be permitted per lot. (Amended by Ord. No. 2009-07, 05/12109) (24) hhax. 64 sq. ft. TMonument 14' Sign Max a. The sign shall be set back at least 50 feet from side and rear lot lines, except that in no case shall such signage be set back less than 100 feet from any directly abutting residentially guided or used property. (Amended by Ord. No. 2009-07, 05/12/09) b. The portion of the sign dedicated to changeable copy (electronic or not) or electronic Mphic display shall not be illuminated between the hours e1 10:30 PM and 6:00 AM. dc. ', a sign with even -e elements shall be leeated on the highest l; i,.ation r -eau., „ assw�avi. uy. When a changeable copy sign (electronic or not) or electronic graphic display sign is located on a property that abuts more than one roadway, such sign shall be placed along the highest classification roadway. ed. Only one sign .,it e eetFenye elmoiAs changeable copy sign, electronic changeable copy sign, or electronic g_apl�ic display shall be permitted per lot. (Amended by Ord. No. 2009-07, 05/12109) (24) SECTION 21. Amendment. Section 21173 of the Plymouth City Code (WIND ENERGY CONVERSION SYSTEMS (WECS) is amended as follows: Subd. 4. Blade. afes or-eated by the WECS shall have a minimum ef 3 0 feet o in the sy-sten+. ha. 5. The WI~ 1 •�e equipped withboth manual d avAoma a' the T stepping e+atien in high and u' K. -%lac. "'IT`GS el..rl;. ., the blades, aiitca'1 vend'.. nl ;._.lde to bx strikes Code. Subd. 7. The WEGS shall not inelude towff elimbing apparatus within twelve of the gmupkh �T�C �nll A. C —4. to r , seeti b e-cceed two (2) squafe in area. sign shall eefftain the k4lewing . A waming ofl,;gl,yoltagc— b) The ti..cuie_ _r�^nrzz-rrc \ A Y 4.1 1 ffµAsher_ c�—�-ssr-cirx c,�bcrsc�c�rcp'�cir d\ 'Tl> g 1 t � py- aeod,.res, s-Yp--A-iZ'�Gl_SG[QCi'PC �IZYQLQ� �CSd-�Z"ll4ti Cl�.iZt (ilsi�.�iRi )R(ifK�Y)ilR�ii(.�1! 1 i,+4wf.�litRR�%{i�JRll Zri�l .s... .- Mariam lq� Me SW&Kj, k :,� E R S>' ( 1 L l lit 1~ Me SW&Kj, k :,� E R S>' amAir mvnwm L `r l Y i a L 'M 14-010 f ! L _ t low the property lines. SECTION 21.:1.73 — WIND ENERGY CONVERSION SYSTEMS ECS 21173.01. PREEMPTION AND APPLICABILITY: WECS that have a combined nameplate cgpacity of 5,000 kilowatts or more are regalated by the state and are preempted from the regulations of this Section This Section applies only to WECS that have a combined naineplate capacity of less than 5,000 kilowatts. 21173 02 PURPOSE AND INTENT: The purpose of this Section is to establish predictable and balanced regulations for the establishment of WECS in the locations and circumstances udder which the use may be established without detriment to the public health safgy and welfare of neighboring property owners or occupants. 21173.03. GENERAL REQUIREMENTS: The following requirements shall a 1 to all WECS: Subd 1. WECS shall be allowed as an accessoa structure. Subd 2 The monopole or building upon which the proposed WECS is to be mounted shall have the stnictural integrity to carry the weight and wind loads of the WECS and to accommodate its vibration impacts as documented in writing by a licensed structural engineer. Subd 3 WECS and any related equipinent shall comply with the noise regulations established in Section 2025 of the Cijy Code. Subd 4 WECS shall be equipped with an overspeed control device. Subd 5 WECS including; the blades or rotors stall be grounded and shielded in conformance with the National Electrical Code. (28) Subd 6 The compatibility of the blades or rotors with the generator shall be certified by a licensed engineer. Subd 7 WE, shall be filtered shielded or otherwise designed and constructed so as not to cause electrical radio frequuencv television or other colnin-mication signal interference. Subd S WECS and their related support and equipment shall be a non -contrasting color such as pale grey or white or shall have a galvanized finish to reduce visual impact, unless otherwise required by the Federal Aviation Administration. Subd 9 Except those devices required by the Federal Aviation. Administration, no lights reflectors flashers or any other type of illumination shall be attached to a WECS or related support or equipment. Subd 10 Except for required safety signage no other signage, writing, pictures, flags streamers or decorative items shall be attachedto a WECS or related support or equipment, Subd 11 WECS shall be self-supporting without the use of guy wires or similar features. Subd 12 Obsolete WECS and any related Mort or equipment shall be removed within twelve months of cessation of operating unless an exemption is granted by the Zoning Administrator. 21173.44. ADDITIONAL REQUIREMENTS FOR FREESTANDING WECS: In addition to the general requirements specified in Subsection 21173.03 of this Section. freestanding WECS shall comply with the following requirements: Subd 1 Freestanding WECS shall be constructed using a monopole design of tubular steel. Subd 2 Not more than one freestanding WECS shall be permitted per lot. Subd 3 Freestanding WECS shall not exceed 50 feet in height, as measured from the wade level at the base of the tower to the highest possible extension of the blades, rotors or similar feature of the WECS. Subd 4 Freestanding WECS shall not be located within a front yard, unless the yard qualifies as an equivalent side or rear vard. Subd 5 Freestanding WECS shall be set back from all lot lines, from any habitable structure (e dwelling school business),from any recreational facility (e.g., nlayfreld, rink), and from lakes wetlands and ponds a distance that is at least equal to the height of the WECS. (29) Subd 6 Lot line setbacks may be reduced For projects with joint ownership of a freestanding WECS between two or more abutting landowners Prior to issuance of a building pennit the applicant shall submit recorded copies of covenants or easements prohibiting the construction of habitable buildings within a distance equal to the height of the WECS on all affected propel -ties. Subd .7 Freestanding-WECS shall not be located within a required wetland buffer strip within a bluff impact zone or on slopes within the shoreland management overlay district that are over 12 percent as measured over horizontal distances of 50 feet or more. Subd $ No portion of a freestanding_ WECS including the full arc area created by any blade rotor or other portion of the WECS shall extend over a drainage or utility easement, over a parking lot over an accessory building or over or under an overhead utility line. Subd 9 The lowest extent of any blade or rotor on a freestanding WECS shall be not less than 30 feet above the MLmd. Subd 10Freestanding- WECS shall not include tower climbing apparatus within twelve feet of the ground. Subd 11 Freestanding WECS shall display a sign posted at the base of the tower, not to exceed two square feet in area containing the following information. (a) A warning of danger to unauthorized persons. (b) The WECS manufacturer's naive. (c) Emergency shutdown procedures. 1 t• !' •� • the general requirements specified in Subsection 21173 03 of this Section. rooftop WECS shall coMlly with the following requirements: Subd 1 Not more than one rooftop WECS shall be permitted per single-family dwelling The ncunber of rooftop WECS shall not be limited for other principal buildings. Subd 2 Rooftop WECS shall not exceed 15 feet in heig-ht as measured from the highest element of the roof se_znent to which the WECS is attached (e.g., peak for pitched roofs, parget for flat roofs) to the hig-hestpossible extension of the blades rotors or similar feature of the WECS. Subd 3 Rooftop WECS shall be set back not less than 10 feet from exterior walls of the building. (30) 21173.06. SUBMITTAL RE UIREMENTS: An.applicant for a WECS shall provide the following: Subd 1. Information that demonstrates conformance to the requirements specified in Subsections 21173.03 21173.04, and 21173.05 of this Section, as applicable. Subd. 2. Application materials required for an administrative permit, as outlined in Section 21025 of this Chapter, Subd 3 Technical specifications for the WECS including, but not limited to, height blade or rotor length operating_ parameters ligbtning protection anticipated noise levels at the lot lines and other information deemed necessary to review the application. Subd 4, For freestanding WECS a certified survey showing lot lines existing structures easements above -ground utilities, elevations wetlands, ponds, lakes. streams, and the proposed location for the WECS including the dimensions between lot lines and the nearest projection of WECS blades or rotors. Subd S For freestanding WECS an inventory (in conformance with Section 530 of the City Code) of significant trees proposed to be removed within the construction area for the WECS shall be provided for all uses except single-family residential uses. SECTION 22. Amendment. Section 21350.07 of the Plymouth City Code (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT—CONDITIONAL USES) is amended by deleting Subd. 13 as follows: SECTION 23. Amendment. Section 21350.11 of the Plymouth City Code (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended by adding Subd. 8 as follows: Subd 8 Wind energy conversion systems (WECS), as regulated by Section 21173 of this Chapter. (31) _ f .TAWMARIWA_ .� .. SECTION 23. Amendment. Section 21350.11 of the Plymouth City Code (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended by adding Subd. 8 as follows: Subd 8 Wind energy conversion systems (WECS), as regulated by Section 21173 of this Chapter. (31) SECTION 24. Amendment. Section 21355.05 of the Plymouth City Code (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT 1—ACCESSORY USES) is amended as follows: 21355.05. ACCESSORY USES: The following are permitted accessory uses in the RSF-1 District: Subd. 1. Accessory buildings and structures, as regulated by Section 21120 of this Chapter. Subd. 2. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 3. Administrative offices, meeting rooms, classrooms, and food preparation and service areas in private and public recreational facilities, and the uses of which are incidental and directly related to the primary use. Subd. 4. Backup generators for residential uses, provide they comply with the placement and minimum setback requirements for accessory structures. Subd. 5. Boarding or renting of rooms to not more than two individuals per dwelling unit. Subd. 6. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to 9502.0445 serving 14 or fewer persons in a residential dwelling unit, or as otherwise permitted by law. Subd. 7. Fences, as regulated by Section 21130 of this Chapter. Subd. 8. Home occupations and home offices, as regulated by Section 21145 of this Chapter. Subd. 9. Keeping of animals subject to Section 21170 of this Chapter. Subd. 10. Off-street parking and off-street loading, as regulated by Sections 21105.11 and 21135 of this Chapter. Subd. 11. Play and recreational facilities, only accessory to * an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted. Subd. 12. Radio and television receiving antennas including single satellite dish TVROs one meter or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including federally licensed amateur radio (32) stations, as regulated by Section 21175 of this Chapter. (Amended by Ord. No. 2011-22, 07/26/11) Subd. 13. Recreational vehicles and equipment parking and storage, as regulated by Section 21105.11 of this Chapter. Subd. 14. Sales and fund raising events sponsored by non-profit uses allowed in this district, limited to no more than six three-day events per calendar year. Subd. 15. Scoreboards for public parks and public or private schools, provided. that: (a) One scoreboard not exceeding, 16 feet in height or 150 square feet in surface area is allowed per playing field, not including fields used only for practice. (b) One scoreboard not exceeding 32 feet in height or 550 square feet in area is allowed per park or school, provided that the information on the scoreboard is not visible from any adjacent public rights-of-way and provided that the scoreboard does not contain a video diVlaypanel.. (c) No commercial speech shall be permitted on a scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard in a combined am.otmt not to exceed 30 percent of the total scoreboard area. Subd. 4516. Signs, as regulated by Section 21155 of this Chapter. SECTION 25. Amendment. Section 21360.05 of the Plymouth City Code (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT 2 ASSESSORY USES) is amended as follows: 21360.05. ACCESSORY USES: The following are permitted accessory uses in the RSF-2 District: Subd. 1. Accessory buildings and structures, as regulated by Section 21120 of this Chapter. Subd. 2. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 3. Administrative offices, meeting rooms, classrooms, and food preparation and service areas in private and public recreational facilities, and the uses of which are incidental and directly related to the primary use. Subd. 4. Backup generators for residential uses, provided they comply with the placement and minimum setback requirements for accessory structures. (33) Subd. 5. Boarding or renting of rooms to not more than two individuals per dwelling unit. Subd. 6. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to 9502.0445 serving 14 or fewer persons in a residential dwelling unit, or as otherwise permitted by law. Subd. 7. Fences, as regulated by Section 21130 of this Chapter. Subd. 8. Home occupations and home offices, as regulated by Section 21145 of this Chapter. Subd. 9. Keeping of animals subject to Section 21170 of this Chapter. Subd. 10. Off-street parking and off-street loading, as regulated by Sections 21105.11 and 21135 of this Chapter. Subd. 11. Play and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use ant their occasional guests, except as otherwise permitted. Subd. 12. Radio and televisions receiving antennas including single satellite dish TVROs one meter or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including federally licensed amateur radio stations, as regulated by Section 21175 of this Chapter. (Amended by Ord. No. 2011-22, 07126111) Subd. 13. Recreational vehicles and equipment parking and storage, as regulated by Section 21105.11 of this Chapter. Subd. 14. Sales and fund raising events sponsored by non-profit uses allowed in this district, limited to no more than six three-day events per calendar year. Subd. 15. Scoreboards for public parks and public or private schools, provided that: (a) One scoreboard not exceeding 16 feet in height or 150 square feet in surface area is allowed per pla�dng field not including fields used only for..practice. (b) One scoreboard not exceeding 32 feet in height or 550 square feet in area is allowed per park or school provided that the information on the scoreboard is not visible from any adjacent public rights-of-way and provided that the scoreboard does not contain a video displgy panel. (c) No commercial speech shall be permitted on a scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the (34) area allowed for the scoreboard in a combined amount not to exceed 30 percent of the total scoreboard area. Subd. 4-51.6. Signs, as regulated by Section 21155 of this Chapter. SECTION 26. Amendment. Section 21450.03 of the Plymouth City Code (O, OFFICE DISTRICT—PERMITTED USES) is amended as follows: 21450.03. PERMITTED USES: The following are permitted uses in the O District: Subd. 1. Banks, credit unions and other financial institutions (excluding currency exchanges) without drive -up tellers. Subd. 2. Dwelling, elderly (senior citizen). Subd. 3. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 4. Funeral homes and mortuaries. Subd. 5. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 6. Offices, administrative/commercial. Subd. 7. Offices/clinics for medical, dental, or chiropractic services. Subd. 8. Pet grooming. Subd. 9. Private clubs (may serve food and beverages). (Amended by Ord. No. 2009-07, 05/12109) Subd. 10. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. 11. Residential care facilities such as nursing homes, assisted living facilities and similar facilities (excludes hospitals or similar institutions). (Amended by Ord. No. 2011-05, 02122111) Subd. 12. Retail ffiereial or service activities limited to those listed as permitted or pee i#ted accessory uses within the C-1 Zzoning Ddistrict. Subd. 13. Retail or service operations that are not otherwise addressed in this Cha ter, provided they contain less than 1,000 square feet of gross floor area. (3 5) Subd. 4314. Therapeutic massage. Subd. 4415. Veterinary clinics and related indoor kennel. SEC'T'ION 27. Amendment. Section 21450.05 of the Plymouth City Code (O, OFFICE DISTRICT—ACCESSORY USES) is amended as follows: 21450.05. ACCESSORY USES: The following are permitted accessory uses in the O District: Subd. 1. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 2. Fences, as regulated by Section 21130 of this Chapter. Subd. 3. Off-street parking and off-street loading as regulated by Section 21135 of this Chapter, but not including parking of semi -trailers or semi -trailer tracks. Subd. 4. Radio and television receiving antennas including. single satellite dish. TVROs two meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including federally licensed amateur radio stations, as regulated by Section 21175 of this Chapter. (Amended by Ord. No. 2011-22, 07126/11) Subd. 5. Scoreboards for public parks and public or private schools, provided that: (a) One scoreboard not exceeding 16 feet in height or 150 square feet in surface area is allowed per playing field not including fields used only for practice. (b) One scoreboard not exceeding 32 feet in height or 550 square feet in area is allowed per park or school provided that the information on the scoreboard is not visible from any adjacent public rights-of-wav and provided that the scoreboard does not contain a video display panel. Q No commercial speech shall be permitted on a scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard in a combined amount not to exceed 30 percent of the total scoreboard area. Subd. 56. Signs, as regulated by Section 21155 of this Chapter. (36) SECTION 28. Amendment. Section 21450.07, Subd. 4 (e) of the Plymouth City Code (O, OFFICE DISTRICT—CONDITIONAL USES) is amended as follows: (e) Hours of operation: The hours of operation for a convenience grocery market shall be limited to 6:00 AM to 11:00 PM, unless extended by the Council as part of the conditional use permit. Unless otherwise limited or prohibited by the Council as part of the conditional use pennit, the hours of operation for pay -at -the -pump motor fuel sales may be 24 hours per da. SECTION 29. Amendment. Section 21455.03 of the Plymouth City Code (C-1, CONVENIENCE COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows: 21455.03. PERMITTED USES: The following are permitted uses in the C-1 District: Subd. 1. Beauty salons and day spas. Subd. 2. Bus/transit stations or terminals without vehicle storage. Subd. 3. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. Subd. 4. Convenience grocery markets (without motor fuel facilities or delicatessen food service). Subd. 5. Copy/printing services (excludes printing presses and publishing facilities). Subd. 6. Delicatessens/coffee houses without drive-through service. Subd. 7. Dry cleaning pick up and laundry pick up stations including incidental repair but not including processing. Subd. 8. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 9. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 10. Offices, administrative/commercial (excludes offices/clinics for medical, dental, or chiropractic services). Subd. 11. Prepared food restaurants: delivery and/or take-out only, with no interior seating. Subd..12. Retail or service operations that are not otherwise addressed in this Chapter, provided they contain less than 1,000 square feet of gross floor area. Subd. 413. Sexually oriented businesses - accessory (as regulated by Section 21195 of this Chapter). Subd. 4314. Shoe repair. Subd. 4.415. Tailoring services. Subd. 41516. Tanning salons. Subd. 4.6:17. Therapeutic massage. (3 7) SECTION 30. Amendment. Section 21455.07, Subd. 2 (e) of the Plymouth City Code (C-1, CONVENIENCE COMMERCIAL DISTRICT—CONDITIONAL USES) is amended as follows: (e) Hours of operation: The hours of operation for a convenience grocery market shall be limited to 6:00 AM to 11:00 PM, unless extended by the Council as part of the conditional use permit. Unless otherwise limited or Rrohibited by the Council as part of the conditional use permit, the hours of gperation for pay-at-the-puinp motor fuel sales may be 24 hours per day. SECTION 31. Amendment. Section 21460.03, Subd. 34 of the Plymouth City Code (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows: Subd. 34. Retail or service operations, e,,.,',.ding .,.,<Y,n4iep n, that are not otherwise addressed in this Seefien Chapter, —provided they contain less than 3,000 square feet of gross floor area. SECTION 32. Amendment. Section 21460.07, Subd. 2 (e) of the Plymouth City Code (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—CONDITIONAL USES) is amended as follows: (e) Hours of operation: The hours of operation for a convenience grocery market shall be limited to 6:00 AM to 11:00 PM, unless extended by the Council as part of the conditional use permit. Unless otherwise limited or prohibited by the Council as part of the conditional use pen -nit. the hours of operation for pay -at -the -pump motor fuel sales mgy be 24 hours per day. SECTION 33. Amendment. Section 21465.03, Subd. 26 of the Plymouth City Code (C-3, HIGHWAY COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows: Subd. 26. Retail or service operations, o�,^i, ding „awfl peps- that are not otherwise addressed in this Seet-ie Chapter, —provided they contain less than 3,000 square feet of gross floor area. SECTION 34. Amendment. Section 21465.07, Subd. 5 (e) of the Plymouth City Code (C-3, HIGHWAY COMMERCIAL DISTRICT—CONDITIONAL USES) is amended as follows: (e) Hours of operation: The hours of operation for a convenience grocery market shall be limited to 6:00 AM to 11:00 PM, unless extended by the Council as part of the conditional use permit. Unless otherwise limited or prohibited by the Council as part of the conditional use permit. the hours of operation for pay -at -the -pump motor fiiel sales inay be 24 hours per day. (38) SECTION 35. Amendment. Section 21465.07, Subd. 14 of the Plymouth City Code (C-3, HIGHWAY COMMERCIAL DISTRICT—CONDITIONAL USES) is amended by adding item (i), as follows: (i) Unless other -wise limited or prohibited by the Council as part of the conditional use permit the hours of operation for pay -at -the -pump motor fuel sales may be 24 hours per day. SECTION 36. Amendment. Section 21470.03, Subd. 55 of the Plymouth City Code (C-4, COMMUNITY COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows: Subd. 55. Retail or service operations that are not otherwise addressed in this Seetie Chapter, —provided they contain less than 3,000 square feet of gross floor area. SECTION 37. Amendment. Section 21470.07, Subd. 15 (c) of the Plymouth City Code (C-4, COMMUNITY COMMERCIAL DISTRICT—CONDITIONAL USES) is amended as follows: (c) ,,�a ,- 6-.-()g AA1 to 11t00 nM tmiess _k ,-d d by the Council as ptof the eenditiona4 use permit. -Unless otherwise limited or prohibited by the Council as part of the conditional use permit the hours of operation for pU-at-the-pump motor fuel sales may be 24 hours per day. SECTION 38. Amendment. Section 21470.07, Subd. 16 of the Plymouth City Code (C-4, COMMUNITY COMMERCIAL DISTRICT—CONDITIONAL USES) is amended by adding item (i), as follows: (i) Unless otherwise limited or prohibited by the Council as part of the conditional use permit the hours of operation for pay -at -the -pump motor fuel sales may be 24 hours per day. SECTION 39. Amendment. Section 21475.05, Subd. 2 (mm) of the Plymouth City Code (CC, CITY CENTER DISTRICT—PERMITTED USES) is amended as follows: (mm) Retail or service operations, eHel d ng p shops, that are not otherwise addressed in this -sem Chapter. —provided they contain less than 3,000 square feet of gross floor area. (39) SECTION 40. Amendment. Section 21475.09, Subd. 3 (c) (5) of the Plymouth City Code (CC, CITY CENTER DISTRICT—CONDITIONAL USES) is amended as follows: (5) Hours of operation: The hours of operation for a convenience ?Toceiy market shall be limited to 6:00 AM to 11:00 PM, unless extended by the Council as part of the conditional use permit. Unless otherwise limited or prohibited by the Council as part of the conditional use permit the hours of operation for pay -at - the -pump motor fuel sales may be 24 hours per day. SECTION 41. Amendment. Section 21475.09, Subd. 4 of the Plymouth City Code (CC, CITY CENTER DISTRICT—CONDITIONAL USES) is amended as follows: Subd. 4. CC -OT & R District. (a) Day care facilities as a principal use provided that the use complies with the provisions of Section 21150 of this Chapter. (ab) Entertainment, live; in association with a restaurant. (c) Multiple family dwellings (apartments, condominiums, townhouses, and similar attached housing) as part of a mixed land use development, provided that residential density does not exceed 20 dwelling units per acre. SECTION 42. Amendment. Section 21650.05, Subd. 8 of the Plymouth City Code (PI, PUBLIC/INSTITUTIONAL DISTRICT—ACCESSORY USES) is amended as follows: Subd. 8. Scoreboards for public parks and public or private schools, provided that: (a) One scoreboard not exceeding 16 feet in height or 150 square feet in surface area is allowed per playing field, not including fields used only for practice. (b) One scoreboard not exceeding 32 feet in height or 550 square feet in area is allowed per park or school, provided that the information on the scoreboard -s is not visible from any adjacent public rights-of-way and provided that the scoreboard -s does not contain a video display panel. (c) No commercial speech shall be permitted on a scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard in a combined amount not to exceed 30 percent of the total scoreboard area. (40) SECTION 43. Amendment. Section 21650.07 of the Plymouth City Code (PI, PUBLIC/INSTITUTIONAL DISTRICT—CONDITIONAL USES) is amended by deleting Subd. 22 as follows: SECTION 44. Amendment. Section 21650.11 of the Plymouth City Code (PI, PUBLIC/INSTITUTIONAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended by adding Subd. 11 as follows: Subd 11. Wind energy conversion systems (WECS). as regulated by Section 21173 of this Chapter. SECTION 45. Amendment. Section 21655.14, Subd. 3 of the Plymouth City Code (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—THE PLYMOUTH COLLECTION PUD) is amended as follows: Subd. 3. Allowable Uses. The uses allowed in this PUD shall include any permitted, accessory, conditional, or interim uses allowed in the C-1 and C-2 districts. In addition, the following uses shall be allowed in the PUD provided they do not exceed 20;000 square feet in building area on an individual basis: 1) appliance and electronic stores; 2) book, office supply, and stationary stores; 3) car wash accessory to a convenience grocery market with motor fuel sales; 4) ___-=_-c drive-through restaurant with d -izve t rou. gh sm. ie ; 5) dry cleaning including plant and accessory pressing and repair; 6) fabric/notions stores; 7) free- standing dining restaurant with liquor service; 8) furniture stores; 9) jewelry stores; 10) music stores; 11) sewing machine sales and service; and 12) toy stores. All the uses listed above shall be considered "permitted" in the PUD, provided they comply with any conditions specified for such uses. Additionally, the uses listed as uses by administrative permit in the C-1 and C-2 districts shall be considered "administrative" in the PUD. SECTION 46. Amendment. Section 21655.18, Subd. 3 of the Plymouth City Code (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—PUD 91-1 (SEVEN PONDS NORTH): AMENDMENT FOR PLYMOUTH STATION) is amended as follows: Subd. 3. Allowable Uses. The allowable uses are any permitted, accessory, conditional or interim uses (except the interim use entitled seasonal farmer's market and produce sales, as outlined in Section 21460.09, Subd. 2 of the Zoning Ordinance) allowed in the C-1 and C-2 Zoning Districts and a grocery superstore not exceeding 65,000 square feet and a clothing store not to exceed 6,656 square feet. In addition, the following uses shall be permitted in the PUD provided they do not exceed 10,000 square feet in building area on an individual basis: 1) (41) appliance and electronic stores; 2) auto repair -minor; 3) book, office supply; and stationary stores; 4) car wash accessory to a convenience grocery market with motor fuel sales; 5) drive-through restaurant d d ' t,.,reug7, ^�; 6) fabric/notions stores; 7) free- standing dining restaurant with liquor service; 8) jewelry stores; 9) music stores and 10) toy stores. All the uses listed above shall be considered as "permitted" uses in the PUD, provided they comply with all development standards and conditions for such uses under the most restrictive corresponding conventional zoning district. Additionally, temporary outdoor events and sales are allowable upon the granting of an administrative permit, provided they are limited to the sale of sporting goods items sold from a business in the PUD, produce, vegetables, flowers, plants and similar items and do not occur within the southerly 350 feet of the PUD, and that only one sales event shall occur at a time per property, and are in accordance with the regulations established in Section 21455.11, Subd. 8(c) of the Zoning Ordinance. SECTION 47. Amendment. Section 21655.34, Subd. 3 of the Plymouth City Code (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—SHOPS AT PLYMOUTH CREEK PUD) is amended as follows: Subd. 3. Allowable Uses. The uses permitted in this PUD shall include the following: • Lot 1– A Home Improvement Store. , • Lots 2 through 5 – Office uses allowable in the C-4 district limited to not more than 2,000 square feet, and A -11 -all R.retail Uuses allowable in the C-4 District, except that.: -� {f {1 drive -though and drive-in restaurants, as defined by the ZeDin , Or-di,z--nee this Cha ter, that ine1i d =YL=nffaegh ser'v'ice shall be prohibited. • Lot 6 – A Senior Housing Building or Daycare Center. SECTION 48. Amendment. Section 21655.39, Subd. 1 of the Plymouth City Code (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—CROSSROADS COMMONS PUD) is amended as follows: Subd. 1. Legal Description. This PUD is e=uffenfly legally described asr-efer-ffiee b -2011014 Lot 1 of Block 1 Lot 1 of Block 2 and Outlots A B and C Crossroads Commons Helingpin County, Minnesota. (42) SECTION 49. Amendment. Section 21655.39, Subd. 3 of the Plymouth City Code (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—CROSSROADS COMMONS PUD) is amended as follows: Subd.3. Allowable Uses. The uses permitted in this PUD shall include any permitted, accessory, conditional, or interim uses allowed in the C-2 (neighborhood commercial) zoning district, as well as a 90 -unit senior housing facility (consisting of assisted living and memory care) on Lot 1=.s Block 1, and a free-standing fiast feed restaurant drive t1h-,e g serer -on Lot 1, Block 2, as shown on the revised PUD general plan received by the City on June 21, 2011. SECTION 50. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the Plymouth City Council on April 23, 2013 ATTEST: 449- &&141 - Sandra R. Engdahl ity Clerk (43) Kelli Slavik, Mayor