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HomeMy WebLinkAboutCity Council Ordinance 2024-09CITY OF PLYMOUTH ORDINANCE N0. 2024-09 ORDINANCE AMENDING CHAPTER 21 ENTITLED THE ZONING ORDINANCE OF THE PLYMOUTH CITY CODE (2024003) THE CITY OF PLYMOUTH ORDAINS: Section 1. Amendment of City Code. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS- Definitions)definition of Animals is hereby amended with existing text and new text as follows: Animals: a) Domestic Animals. For purposes of this Chapter, a domestic animal shall be defined as house pets such as dogs, cats, and birds (except those defined as farm animals or wild animals)that can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, it includes bees and rabbits, normally sheltered outside the home. b) Farm Animals. Cattle, hogs, potbelly pigs, sheep, goats, chickens,turkeys, ducks, geese, horses (including miniatures) and other animals commonly accepted as farm animals in the State of Minnesota. Section 2. Amendment of City Code. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS- Definitions) definition of Animals,Wild is hereby amended with existing text and new text as follows: Animals, Wild:Any animal that is wild, ferocious, or vicious by nature, habit, disposition or character. Animals in this category include, but are not limited to, any ape (including chimpanzee,gibbon, gorilla, orangutan, or siamang), baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer (including members of the deer family such as antelope, elk, and moose), ducks, elephant, ferret,fox,geese, hippopotamus, hyena,jaguar, leopard, lion, lynx, monkey, puma (also known as cougar, mountain lion, or panther), raptor, rhinoceros, any snake that is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. Section 3. Amendment of City Code. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS- Definitions)definition of Beauty Salon/Day Spa is hereby amended with existing text and new text as follows: Beauty Salon/Day Spa:A commercial establishment offering cosmetology services which may include hair cutting, coloring, or styling, make-up application or consultation, manicures, and pedicures, and/or which may offer therapeutic massage and body and/or facial treatments such as body packs or wraps, exfoliation, cellulite or heat treatments, body toning, waxing, tanning, aromatherapy, cleansing or medical facials, non-surgical face lifts and other non- surgical cosmetic procedures, electrical toning and electrolysis. Hydrotherapy and steam or sauna facilities, nutrition and weight management, and exercise instruction may be provided Ordinance 2024-09 Page 2 in conjunction with such therapeutic massage and body and/or facial treatments. Physical body adornment, including but not limited to, piercing and tattooing. Section 4.Amendment of City Code. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS- Definitions) definition of Body Art is hereby amended with deleted text as follows: Body Art: Physical body adornment, including but not limited to, piercing of body parts other than ears, and tattooing. Section 5. Amendment of City Code. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS- Definitions)definition of Body Art Establishment is amended with deleted text as follows: Body Art Establishment: Any premises where body art is offered or performed. Section 6. Amendment of City Code. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS- Definitions) definition of Hotel, Extended Stay is hereby amended with existing text and deleted text as follows: Hotel, Extended Stay: A building or structure intended as, used as, maintained as, or advertised as a place where sleeping accommodations are furnished to the public as regular roomers, primarily for periods of one week or more. Section 7.Amendment of City Code. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS- Definitions)definition of Recreation, Commercial is hereby amended with existing text, deleted text and new text as follows: Recreation, Commercial: A business directed toward the general public, not requiring membership,that offers recreational entertainment such as bowling alleys, billiard halls, miniature golf, ballrooms, roller rinks, pickleball courts, shooting ranges, and the like, excluding shooting ranges. Section 8. Amendment of City Code. Section 21115.03 Subd. 3 of the Plymouth City Code GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—Building Type and Construction, Industrial Districts) is hereby amended with existing text and deleted text as follows: Subd. 3. Industrial Districts. a) In industrial districts, all buildings constructed of curtain wall panels of metal or fiberglass shall be faced with brick, wood, stone, architectural concrete cast in place or pre-cast concrete panels on all wall surfaces.The required wall surface treatment may allow up to 50 percent of any metal or fiberglass wall surface to remain exposed if it is coordinated into the architectural design. For buildings which abut residential uses,the building material requirements of Subd. 2 above shall apply. In cases where industrial buildings are not visible from adjacent residential uses,the Zoning Administrator may grant an exception to the building material requirements of Subd. 2 above. b) The Zoning Administrator may grant a deferment to a developer of industrial metal buildings or building additions from the exterior wall design requirements of this section when the building or building addition will be constructed in more than one phase subject to the following: Ordinance 2024-09 Page 3 1) The deferment shall be until the second construction phase is complete or up to five years, whichever is less; and 2) The building owner shall provide the City with an irrevocable letter of credit for an amount one and one half the estimated cost of the required exterior wall tr atment. The bank and letter of credit shall be subject to the approval of the City Attorney. The letter of credit shall secure compliance with this Chapter. Section 9. Amendment of City Code. Section 21115.03 Subd.4 of the Plymouth City Code GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—Building Type and Construction, Industrial Districts) is hereby amended with existing text and deleted text as follows: use permit, provided that: a)The proposed building maintains the quality and value intended by this Chapter. b) The proposed building is compatible and in harmony with other structures within the district. c) The proposed building is found to comply with the provisions and criteria of Section 21015 of this Chapter. Section 10. Amendment of City Code. Section 21145.04—Subd. 3 of the Plymouth City Code HOME OCCUPATIONS—Requirements, Licensed Home Occupations) is hereby amended with existing text, new text and deleted text as follows: Subd. 3. Licensed Home Occupations. In addition to compliance with all of the general provisions outlined in Subd. 1 of this subsection, licensed home occupations shall comply with the following provisions: a) No person other than those who reside on the premises shall engage in business activities on the premises.The business may employ others provided no more than two (2) employee vehicles are regularly parked outside, and provided all work activities by employees are performed off the premises. b) Examples of licensed home occupations include: massage therapy, barber and beauty services, photography studio, lessons, saw sharpening, small appliance repair and the like. c) The home occupation may involve any of the following: stock-in-trade incidental to the performance of the service but not sold on the premises, repair service or manufacturing which requires equipment other than customarily found in a home. d) Licensed home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the Zoning Administrator shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review. e) There shall not be more than five (5) ten (10)client appointments per day upon the premises-, limited to one client per appointment. Section 11.Amendment of City Code. Section 21450.03 of the Plymouth City Code (0, OFFICE DISTRICT—Permitted Uses) is hereby removed with existing text, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21450.03 -Permitted Uses. Ordinance 2024-09 Page 4 Subd. 1. Banks, credit unions and other financial institutions (excluding currency exchanges) without drive-up tellers. Subd. 2. Beauty salons and day spas. Subd. 3. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. Subd. 4. Convenience grocery markets (without prepared food or motor fuel sales). Subd. 5. Copy/printing services (excludes printing presses and publishing facilities). Subd. 6. Dry cleaning pick up and laundry pick up stations including incidental repair but not including processing. Subd. 7. 9 .. Subd. 8. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 8. Subd. 9. Funeral homes and mortuaries. Subd. 9. Subd. 10. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 10. Subd. 11. Offices, administrative/commercial. Subd. 11. Subd. 12.Offices/clinics for medical, dental, or chiropractic services. Subd. 12. Subd . Pet grooming. Subd. 13 Subd. 14. Private clubs (may serve food and beverages). Subd. 14. Subd. 15. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. 15. Subd. 16. Residential care facilities such as nursing homes, assisted living facilities and similar facilities (excludes hospitals or similar institutions). Subd. 16. Subd. 17. Sexually oriented businesses-accessory (as regulated by Section 21195 of this Chapter). Subd. 17 Subd. 18.Shoe repair. Subd. 18. Subd. 19.Tailoring services. Subd. 19. Subd. 20.Tanning salons. Subd. 20. Subd. 21.Therapeutic massage. Subd. 21. Subd. 22.Tutoring/learning centers. Subd. 22. Subd. 23.Veterinary clinics and related indoor kennel. Section 12.Amendment of City Code. Section 21450.09 of the Plymouth City Code (0,OFFICE DISTRICT-Interim Uses) is amended with existing text, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21450.09-Interim Uses. Subd. 1. Temporary classroom structures for use by public or private school. Reserved. Section 13.Amendment of City Code. Section 21455.11 of the Plymouth City Code (C-1, CONVENIENCE COMMERCIAL DISTRICT-Uses by Administrative Permit) is hereby amended with existing text, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21455.11-Uses by Administrative Permit. Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Ordinance 2024-09 Page 5 Subd. 2. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 3. Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter) that do not 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 and uses, provided that: a) Equipment is completely enclosed in a permanent structure with no outside storage. b) Landscaping is provided to screen any such storage. Subd. 4,Subd. 5. Other uses of the same general character as those listed as a permitted use in this District. Subd. 5. Subd. 6. Outdoor display (permanent) of seasonal or convenience items (e.g., windshield washer fluid, softener salt) as an accessory use in association with an allowed principal use provided that: a) The area so occupied shall not exceed ten percent of the gross floor area of the principal building or 100 square feet, whichever is less. b) No display of merchandise shall occur within the required front, rear, or side yards. c) Such outdoor display of merchandise shall be limited to the area of customer entrances or within pump islands. d) Such outdoor display of merchandise shall not exceed five feet in height. e) Such outdoor display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as regulated by Section 21135 of this Chapter, except as may be exempted for cause by the Zoning Administrator. Subd. 6. Subd. 7 Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a)The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Ordinance 2024-09 Page 6 Subd. 7. Subd. 8. Satellite schools for post-secondary education or trade schools, provided it is demonstrated that adequate on-site parking would be available for the use. Subd. 8. Subd. 9.Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 9. Subd. 10.Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 2)The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area emergency vehicle access. Sales on unpaved landscaped areas is prohibited. d) (e)General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. Ordinance 2024-09 Page 7 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 14.Amendment of City Code. Section 21460.11 of the Plymouth City Code (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT- Uses by Administrative Permit) is hereby amended with existing text, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21460.11- Uses by Administrative Permit. Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 2. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 3. Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter) that do not 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 and uses, provided that: a) Equipment is completely enclosed in a permanent structure with no outside storage. b) Landscaping is provided to screen any such storage. Subd. Subd. 5. Other uses of the same general character as those listed as a permitted use in this District. Ordinance 2024-09 Page 8 Subd. 5. Subd. 6. Outdoor display (permanent) of seasonal or convenience items (e.g., windshield washer fluid, softener salt) as an accessory use in association with an allowed principal use provided that: a) The area so occupied shall not exceed ten percent of the gross floor area of the principal building or 100 square feet, whichever is less. b) No display of merchandise shall occur within the required front, rear, or side yards. c) Such outdoor display of merchandise shall be limited to the area of customer entrances or within pump islands. d) Such outdoor display of merchandise shall not exceed five feet in height. e) Such outdoor display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as regulated by Section 21135 of this Chapter, except as may be exempted for cause by the Zoning Administrator. Subd. 6. Subd. 7 Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a)The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c) To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd. 7. Subd. 8. Satellite schools for post-secondary education or trade schools, provided it is demonstrated that adequate on-site parking would be available for the use. Subd. 8. Subd. 9.Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 9. Subd. 10.Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. Ordinance 2024-09 Page 9 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants-{excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the ar a emergency vehicle access. Sales on unpaved landscaped areas is prohibited. d){e)General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is Ordinance 2024-09 Page 10 prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 15.Amendment of City Code. Section 21465.11 of the Plymouth City Code (C-3 HIGHWAY COMMERCIAL DISTRICT- Uses by Administrative Permit) is hereby amended with existing text, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: 21650.11—Uses by Administrative Permit. Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 2. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 3. Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter) that do not 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 and uses, provided that: a) Equipment is completely enclosed in a permanent structure with no outside storage. b) Landscaping is provided to screen any such storage. Subd. 4 Subd. 5. Other uses of the same general character as those listed as a permitted use in this District. Subd. 5. Subd. 6. Outdoor display (permanent) of seasonal or convenience items (e.g., windshield washer fluid, softener salt) as an accessory use in association with an allowed principal use provided that: a) The area so occupied shall not exceed ten percent of the gross floor area of the principal building or 100 square feet, whichever is less. b) No display of merchandise shall occur within the required front, rear, or side yards. c) Such outdoor display of merchandise shall be limited to the area of customer entrances or within pump islands. Ordinance 2024-09 Page 11 d) Such outdoor display of merchandise shall not exceed five feet in height. e) Such outdoor display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as regulated by Section 21135 of this Chapter, except as may be exempted for cause by the Zoning Administrator. Subd. 6. Subd. 7 Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a)The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd. 7. Subd. 8. Outside storage as an accessory use provided that: a)The storage area does not take up parking space or loading space as required for conformity to this Chapter. b) All requirements of Section 21105.11of this Chapter are met. Subd. 8. Subd. 9.Temporary meteorological equipment and associated tower, as regulated by Section 21173 of this Chapter. Subd. 9. Subd. 10.Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 10. Subd. 11.Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than Ordinance 2024-09 Page 12 five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. 1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 2) The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpaved landscaped ar as is prohibited. d) {)General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the Ordinance 2024-09 Page 13 event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 16. Amendment of City Code.Section 21470.03 Subd. 11. Body art establishments of the Plymouth City Code (C-4 COMMUNITY COMMERCIAL DISTRICT—Permitted Uses) is hereby removed with deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21470.03 - Permitted Uses. Subd. 11. Body art establishments. Section 17.Amendment of City Code. Section 21470.11 of the Plymouth City Code (C-4 COMMUNITY COMMERCIAL DISTRICT—Uses by Administrative Permit) is hereby amended with existing, new text,and deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21470.11- Uses by Administrative Permit. Subd. 1.Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 2. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 3. Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter) that do not 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 and uses, provided that: a) Equipment is completely enclosed in a permanent structure with no outside storage. b) Landscaping is provided to screen any such storage. Subd. 1,Subd. 5. Other uses of the same general character as those listed as a permitted use in this District. Subd. 5. Subd. 6. Outdoor display (permanent) of seasonal or convenience items (e.g., windshield washer fluid, softener salt) as an accessory use in association with an allowed principal use provided that: a) The area so occupied shall not exceed ten percent of the gross floor area of the principal building or 100 square feet, whichever is less. b) No display of merchandise shall occur within the required front, rear, or side yards. Ordinance 2024-09 Page 14 c) Such outdoor display of merchandise shall be limited to the area of customer entrances or within pump islands. d) Such outdoor display of merchandise shall not exceed five feet in height. e) Such outdoor display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as regulated by Section 21135 of this Chapter, except as may be exempted for cause by the Zoning Administrator. Subd. 6. Subd. 7 Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a)The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd. 7. Subd. 8. Outside storage as an accessory use provided that: a)The storage area does not take up parking space or loading space as required for conformity to this Chapter. b) All requirements of Section 21105.11of this Chapter are met. Subd. 8. Subd. 9. Satellite schools for post-secondary education or trade schools, provided it is demonstrated that adequate on-site parking would be available for the use. Subd. 9. Subd. 10.Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 10. Subd. 11. Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be Ordinance 2024-09 Page 15 permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. 1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 2)The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per y ar per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the ar emergency vehicle access. Sales on unpaved landscaped areas is prohibited. d){e}General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. Ordinance 2024-09 Page 16 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 18.Amendment of City Code. Section 21550.11 of the Plymouth City Code (C-5 COMMERCIAL/INDUSTRIAL DISTRICT—Uses by Administrative Permit) is hereby amended with existing, new text, and deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21550.11 - Uses by Administrative Permit. Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 2. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 3. Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter) that do not 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 and uses, provided that: a) Equipment is completely enclosed in a permanent structure with no outside storage. b) Landscaping is provided to screen any such storage. Subd. 4-Subd. 5. Other uses of the same general character as those listed as a permitted use in this District. Subd. 5. Subd. 6. Outdoor display(permanent) of seasonal or convenience items (e.g., windshield washer fluid, softener salt) as an accessory use in association with an allowed principal use provided that: a) The area so occupied shall not exceed ten percent of the gross floor area of the principal building or 100 square feet, whichever is less. b) No display of merchandise shall occur within the required front, rear, or side yards. c) Such outdoor display of merchandise shall be limited to the area of customer entrances or within pump islands. d) Such outdoor display of merchandise shall not exceed five feet in height. e) Such outdoor display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as regulated by Section 21135 of this Chapter, except as may be exempted for cause by the Zoning Administrator. Ordinance 2024-09 Page 17 Subd. 6. Subd. 7 Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a)The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd. 7. Subd. 8. Outside storage as an accessory use provided that: a)The storage area does not take up parking space or loading space as required for conformity to this Chapter. b) All requirements of Section 21105.11of this Chapter are met. Subd. 8. Subd. 9. Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 9. Subd. 10.Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. Ordinance 2024-09 Page 18 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. 1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 2) The following specific standards shall apply to all proposed outdoor Christmas in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar y ar per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or d){e}General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit Ordinance 2024-09 Page 19 application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 19.Amendment of City Code. Section 21555.11 of the Plymouth City Code (B-C BUSINESS CAMPUS DISTRICT—Uses by Administrative Permit) is hereby amended with existing, new text, and deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21555.11- Uses by Administrative Permit. Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 2. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 3. Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter) that do not 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 and uses, provided that: a) Equipment is completely enclosed in a permanent structure with no outside storage. b) Landscaping is provided to screen any such storage. Subd. 1- Subd. 5. Other uses of the same general character as those listed as a permitted use in this District. Subd. 5. Subd. 6. Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a)The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Ordinance 2024-09 Page 20 Subd. 6. Subd. 7 Satellite schools for post-secondary education, provided it is demonstrated that adequate on-site parking would be available for the use. Subd. 7. Subd. 8. Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 8. Subd. 9.Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 2)The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the arga is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpaved landscaped ar as is prohibited. d) -e)General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking Ordinance 2024-09 Page 21 capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 20.Amendment of City Code.Section 21560.03 Subd. 6 of the Plymouth City Code (I-1 LIGHT INDUSTRIAL DISTRICT—Permitted Uses) is hereby amended with existing and new text as follows, including renumeration and alphabetization of subsequent items: Section 21560.03- Permitted Uses. Subd. 6. Breweries and distilleries with or without an accessory taproom. Section 21.Amendment of City Code. Section 21560.07 of the Plymouth City Code (I-1 LIGHT INDUSTRIAL DISTRICT—Conditional Uses) Commercial recreation, indoor is hereby removed with existing and deleted text as follows, including renumeration and alphabetization of subsequent items: Section 21560.07 -Conditional Uses. Subd. 6. Commercial recreation, indoor(e.g., bowling alleys, roller rinks). Section 22.Amendment of City Code. Section 21560.11 of the Plymouth City Code (I-1 LIGHT INDUSTRIAL DISTRICT—Uses by Administrative Permit) is hereby amended with existing and new text as follows, including renumeration and alphabetization of subsequent items: Section 21560.11—Uses by Administrative Permit. Ordinance 2024-09 Page 22 Subd. 1.Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2.Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 3. Commercial recreation, indoor, provided sufficient parking as determined by Zoning Administrator. Subd. 4. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 3. Subd. 5. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. M Subd. 6. Offices, administrative/commercial (excludes offices/clinics for medical, dental, or chiropractic services) using over 50 percent of the principal structure or as a freestanding principal use, provided the parking regulations of this Chapter are met. Subd. 5 Subd. 7. Offices or clinics for physical, cognitive or behavioral therapy limited to 7,000 square feet or less of the principal structure, provided parking regulations of this Chapter are met. Subd. 5 Subd. 8. Other uses of the same general character as those listed as a permitted use in this District. Subd. 7. Subd. 9. Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a)The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd. 8. Subd. 10 Outside storage as an accessory use when not abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: a) The storage area is surfaced with blacktop, concrete, or other approved material to control dust. b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. c) All requirements of Section 21105.11 of this Chapter are met. Ordinance 2024-09 Page 23 Subd. 9. Subd. 11.Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 10. Subd. 12.Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 2) The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpaved landscaped ar as is prohibited. d) (-e)General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Ordinance 2024-09 Page 24 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi- tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 23.Amendment of City Code.Section 21565.03 Subd. 7.of the Plymouth City Code (1-2 GENERAL INDUSTRIAL DISTRICT—Permitted Uses) is hereby amended with existing and new text as follows, including renumeration and alphabetization of subsequent items: 21565.03—Permitted Uses. Subd. 7. Breweries and distilleries with or without an accessory taproom. Section 24.Amendment of City Code. Section 21565.07 Subd. 13 of the Plymouth City Code (1-2 GENERAL INDUSTRIAL DISTRICT—Conditional Uses) is hereby amended with deleted text as follows, including renumeration and alphabetization of subsequent items: 21565.07—Conditional Uses. a) There shall be no outside storage or display of vehicles for sale or lease. time. c) Notwithstanding any other provision of this Chapter, signage related to motor vehicle sales or leasing shall be limited to 24 square feet. d) No temporary signage/advertising devices (e.g., portable signage, banners, pennants, spotlights, skytrackers, inflatables, balloons) shall be allowed. Section 25.Amendment of City Code.Section 21565.11 of the Plymouth City Code (1-2 GENERAL INDUSTRIAL DISTRICT—Uses by Administrative Permit) is hereby amended with existing, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: Ordinance 2024-09 Page 25 21565.11—Uses by Administrative Permit. Subd. 1.Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2.Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 3. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 4 Subd. 3._Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 5 Subd. '1,Offices, administrative/commercial (excludes offices/clinics for medical, dental, or chiropractic services) using over 50 percent of the principal structure or as a freestanding principal use, provided the parking regulations of this Chapter are met. Subd. 5.Offices or clinics for physical, cognitive or behavioral therapy limited to 7,000 square feet or less of the principal structure, provided parking regulations of this Chapter are met. Subd. 5 Subd. 6. Other uses of the same general character as those listed as a permitted use in this District. Subd. 7. Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a)The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd. 8. Outside storage as an accessory use when not abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: a) The storage area is surfaced with blacktop, concrete,or other approved material to control dust. b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. c) All requirements of Section 21105.11 of this Chapter are met. Ordinance 2024-09 Page 26 Subd. 9.Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 10.Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. 1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 2)The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified-in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the arca emergency vehicle access. Sales on unpaved landscaped areas is prohibited. d){e)General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be Ordinance 2024-09 Page 27 made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 26.Amendment of City Code. Section 21570.05 of the Plymouth City Code (1-3 HEAVY INUDSTRIAL DISTRICT—Permitted Uses) is hereby amended with existing, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: 21570.05.—Permitted Uses. Subd. 1. Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare,fumes, obnoxious byproducts or wastes, or creates no other objectionable impact on the environment. Examples of such uses include fabrication or assembly of small products such as optical, electronic, pharmaceutical, medical supplies and equipment. Subd. 2. Accessory retail, accessory rental, or accessory service activities that are completely enclosed within a principal structure, limited to ten percent of the gross floor area of its associated principal use,to a maximum of 5,000 square feet. Subd. 3. Automobile detailing shops. Subd. 4.Automobile repair—major. Subd. 5. Automobile repair—minor. Subd. 6. Bakeries, wholesale. Subd. 7. Breweries and distilleries with or without an accessory taproom. Subd. 8. Contractor operations. Subd. 9. Distribution centers. Subd. 10. Dry cleaning processing plant and accessory pressing and repairing. Subd. 11. Essential services and structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 12. Food processing. Subd. 13. Governmental and public utility (essential service) buildings and structures, including public works type facilities. Ordinance 2024-09 Page 28 Subd. 14. Heavy industry. Subd. 15. Laboratories. Subd. 16. Machine shops. Subd. 17. Mini-storage facilities. Subd. 18. Offices related to other allowed uses, limited to 50 percent of the principal structure. Subd. 19. Parks, trails, playgrounds and directly related buildings and structures, City of Plymouth only. Subd. 20. Printing presses and publishing facilities. Subd. 21. Radio and television stations. Subd. 22. Sexually oriented businesses Accessory or principal (as regulated by Section 21195 of this Chapter). Subd. 23. Studios—Artist and commercial/portrait photography. Subd. 24. Therapeutic massage, if there are medical, dental or chiropractic offices or clinics-a-s legal non conforming uses on the premises. Subd. 25. Trade schools. Subd. 22. Subd. 26.Truck terminals. Subd. 23. Subd. 27.Vending companies. Subd. 24. Subd. 28. Warehousing and indoor storage excluding explosives and hazardous waste. Subd. 25. Subd. 29.Wholesale showrooms. Section 27.Amendment of City Code.Section 21570.09 subd. 13 of the Plymouth City Code (1-3 HEAVY INDUSTRIAL DISTRICT–Conditional Uses) is hereby amended with existing, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: Subd. 13. Outside storage as an accessory use when abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: a) The storage area is blacktop or concrete surfaced unless specifically approved by the City Council. b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. c) All requirements of Section 21105.11 of this Chapter are met. Section 28.Amendment of City Code. Section 21570.13 of the Plymouth City Code (1-3 HEAVY INUDSTRIAL DISTRICT–Uses by Administrative Permit) is hereby amended with existing, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: 21570.13.–Uses by Administrative Permit. Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 3. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 4 Subd. 3._Essential services requiring a permit as provided by Section 21160 of this Chapter. Ordinance 2024-09 Page 29 Subd. 1,Subd. 5 Offices, administrative/commercial (excludes offices/clinics for medical, dental, or chiropractic services) using over 50 percent of the principal structure or as a freestanding principal use, provided the parking regulations of this Chapter are met. Subd. 5. Subd. 6. Other uses of the same general character as those listed as a permitted use in this District. Subd. 6. Subd. 7. Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a) The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words,graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd. 7. Subd. 8 Outside storage as an accessory use when not abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: a) The storage area is surfaced with blacktop, concrete,or other approved material to control dust. b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. c) All requirements of Section 21105.11 of this Chapter are met. Subd. 8. Subd. 9 Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 9. Subd. 10 Temporary events and outdoor sales subject to the following criteria: a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted Ordinance 2024-09 Page 30 one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event. 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. 1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 2) The following specific standards shall apply to all proposed outdoor Christmas in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the area d) (c)General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event. The Zoning Administrator may authorize special Ordinance 2024-09 Page 31 signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 29.Amendment of City Code.Section 21650.03 of the Plymouth City Code (P-I, PUBLIC/INSTITUTIONAL DISTRICT—Permitted Uses) is hereby amended with existing and new text as follows, including renumeration and alphabetization of subsequent items: 21650.03.—Permitted Uses. Subd. 1. Day care facilities as a principal or accessory use. Subd. 2. Educational facilities including, and limited to, public and private elementary, middle, junior high, and senior high schools. 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. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 5. Parks, trails, docks, playgrounds, and outdoor athletic fields and their related structures, excluding the recreational facilities requiring a conditional use permit under Section 21650.07, Subd. 18 of this Chapter. Subd. 6. Private clubs (may serve food and beverages). Subd. 7. Public recreational facilities and related structures (e.g., golf courses, arenas, stadiums, gymnasiums, and similar uses). Subd. 8. Subd. 7. Publicly owned civic or cultural buildings, such as libraries, City offices, fire stations, auditoriums, public administration buildings and historical developments. Subd. 9. Subd. 8. 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. Subd. 10. Subd. 9. Religious institutions, such as chapels, temples, synagogues, and mosques limited to worship and directly related social events. Subd. 11. Subd. 10. Residential care facilities such as nursing homes, assisted living facilities and similar facilities (excludes hospitals or similar institutions). Subd. 12. Subd. 11.Trade schools. Subd. 13. Subd. 12.Tutoring/learning centers. Section 30.Amendment of City Code.Section 21650.07 of the Plymouth City Code (P-I, PUBLIC/INSTITUTIONAL DISTRICT—Conditional Uses) is hereby amended with existing, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: 21650.07.—Conditional Uses. Ordinance 2024-09 Page 32 Subd. 1. Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Buildings in excess of height limitations as specified in Section 21650.13 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. 3. Cemeteries or memorial gardens provided that: a) The site is landscaped in accordance with Section 21130. b) The use is available to the "public". c) All portions of the use meet the minimum setback requirements for principal structures. Subd. 4. Colleges, seminaries, and other similar institutions of higher education. Subd. 5. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. Subd. 6. Community centers. Subd. 7. Correctional facilities provided that: a) Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses. b) On-site services and treatment shall be for residents and inmates of the facility only, and shall not be for non-residents or persons outside the facility. c) All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other buildings in the neighborhood. d) No correctional facility shall be closer than 1,320 feet from another licensed correctional facility or from any property designated on the Land Use Guide Plan as residential and/or designated on the official zoning map as residential. e) The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. f) Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the City ordinances and policies. Subd. 8. Dog park facilities, provided that: a) Any such facility established after January 23, 2007 shall be set back at least 75 feet from residentially zoned or guided property. b) Any such facility established after January 23, 2007 shall be completely enclosed with a fence and gates that are at least five feet high, except that the fencing requirement may be waived in areas where natural barriers (e.g., wetlands) provide enclosure for the facility. c) Adequate off-street parking shall be provided for the facility, as determined by the Zoning Administrator based on the size of and anticipated parking needs for the dog park. Subd. 9. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 10. 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. Ordinance 2024-09 Page 33 Subd. 11. Funeral homes and mortuaries. Subd. 12. Helistops, as regulated by Section 21193 of this Chapter. Subd. 13. Hospitals or similar institutions, provided that all state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. Subd. 1'1. Offices, administrative/commercial. Subd. 15. Offices/clinics for medical, dental, or chiropractic services. Subd. 16. Parking lots/ramps, as a principal use. Subd. 17. Public safety communication towers and antennas, provided that: a) Public safety communication towers in excess of 150 feet in height shall be located on property not less than ten acres in size. b) Public safety communication towers shall comply with the standards and requirements of Section 21175. Subd. 18. Private recreational Recreational facilities and related structures (e.g., golf courses, arenas, stadiums, gymnasiums, and similar uses). Subd. 19. Residential shelters, in accordance with Section 21190.02 of this Chapter. Subd. 20. Retail commercial activities and personal services, provided that: a) Merchandise is sold at retail. b) Personal services are limited to those uses and activities which arc allowed as a permitted or permitted accessory use within the C 1 Zoning District. c) The retail activity and personal services arc located within a structure whose principal use is not commercial sales. d) The retail activity and personal services shall not occupy more than 15 percent of the gross floor area of the building. e)The retail activity and personal services are not located within a structure whose principal use is residential. f) No directly or indirectly illuminated sign or sign in excess of ten square feet identifying the name of the business shall be visible from the outside of the building. g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. Subd. 21. Scoreboard (limit of one)for a public park or a public or private school that either: 1) exceeds 32 feet in height or 550 square feet in surface area, or 2) contains a video display panel, provided that: a) Any such scoreboard shall not exceed 50 feet in height or 950 square feet in surface area. b) No other scoreboard at the park or school shall exceed 150 square feet in surface area. c) No commercial speech shall be permitted on the scoreboard, except that commercial messages may be displayed during City-or school-sponsored events on the athletic field served by the scoreboard.These events shall not include practices or classes held on the field. Organizations 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. d) The information and commercial speech on the scoreboard shall not be visible from adjacent public streets. Section 31. Amendment of City Code.Section 21650.11 of the Plymouth City Code (P-I, PUBLIC/INSTITUTIONAL DISTRICT—Uses by Administrative Permit) is hereby amended with existing, new text and deleted text as follows, including renumeration and alphabetization of subsequent items: Ordinance 2024-09 Page 34 21650.11—Uses by Administrative Permit. Subd. 1. Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Electric vehicle chargers without offsite signage/advertisements nor amplified sound. Subd. 2. Subd. 3. Essential services requiring a permit as provided by Section 21160 of this Chapter. Subd. 3. Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter) that do not 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 and uses, provided that: a) Equipment is completely enclosed in a permanent structure with no outside storage. b) Landscaping is provided to screen any such storage. Subd. 4,Subd. 5. Other uses of the same general character as those listed as a permitted use in this District. Subd. 5. Subd. 6. Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: a) The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications. b) An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. c)To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used. d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols. f) Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. Subd. 6. Subd. 7. Outside storage as an accessory use provided that: a)The storage area does not take up parking space or loading space as required for conformity to this Chapter. b) All requirements of Section 21105.11of this Chapter are met. Subd. 7. Subd. 8. Temporary meteorological equipment and associated tower, as regulated by Section 21173 of this Chapter. Subd. 8. Subd. 9. Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 9. Subd. 10.Temporary events and outdoor sales subject to the following criteria: Ordinance 2024-09 Page 35 a) Special Promotional Events (except Carnivals). 1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event. 3) There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision. b) Carnivals. 1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. 2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event 3) There shall be no more than one carnival per calendar year per property. c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): d) Outdoor Christmas Tree Sales. 1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wr aths and other natural holiday decorations and related products. 2) The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 45 days per calendar year per property. b. There shall be no more than one sales activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted within a required yard provided the areo is paved and the activity docs not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpaved landscaped areas is prohibited. d) (e)General Standards applying to all temporary events and outdoor sales. 1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site. 2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. 3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of Ordinance 2024-09 Page 36 multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. 4) Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event.The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. 5) The approved permit shall be displayed on the premises for the duration of the event. 6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. 7) Not more than one such event or sale shall be allowed per property at any given time. Section 32. Amendment of City Code.Section 21135.06 Subd. 1 of the Plymouth City Code OFF-STREET PARKING AND LOADING—Off-Street Parking Restrictions) is hereby amended with existing, new text and deleted text as follows: Subd. 1. Prohibited Parking and Storage. Except where otherwise allowed as exterior storage or in a zoning district,trucks and buses with a gross vehicle weight rating (GVWR) of 12,000 pounds or more, or greater than 30 feet in length, as well as contracting or excavating vehicles or equipment, storage trailers, and mobile storage containers or compartments shall not be parked, stored or otherwise located on any property within the City unless being used in conjunction with a temporary service, not to exceed 30 days, .• -. -:, e. _ •• _ :, . construction or remodeling project benefiting the premises or not to exceed 180 days for a construction or remodeling project for which building permits have been issued, unless approved by the Zoning Administrator. Storage trailers or mobile storage compartments used in conjunction with a temporary service shall be removed from the site within 15 calendar days after completion of the temporary service or within one year from the issuance date of the building permit related to the temporary service, whichever occurs first. Section 33.Amendment of City Code.Section 21665.04, Subd. 7 of the Plymouth City Code SHORELAND MANAGEMENT OVERLAY DISTRICT-General Density and Design Standards,Stream Buffering Requirements) is hereby amended with existing, new text and deleted text as follows: Subd 7. Stream Buffering Requirement.All lots of record created after September 10, 2019, and all properties with projects received after September 10, 2019 that would result in over 200 cubic yards of cut or fill or over 10,000 square feet of soil disturbance, shall provide and maintain a stream buffer abutting all streams and watercourses that are categorized as Public Waters in Minnesota Statutes, Section 103G.005, Subdivision 15. For such lots and properties, the following stream buffer regulations shall apply: a) Stream buffer strip vegetation shall be established and maintained. Except for removal of noxious weeds, non-native invasive plants and nuisance or dead Ordinance 2024-09 Page 37 vegetation, stream buffer strips shall not be disturbed, cut (mowed) or cultivated, without prior approval of a buffer restoration/management plan by the City Engineer.The use and maintenance of an unimproved access strip, not more than ten feet in width, is allowed within the buffer. Buffer strips shall be located within a drainage and utility easement, and shall be identified within each lot by permanent monumentation approved by the City. b) Buffers shall be kept free of all structures and features including: fences, play equipment, and storage of household and personal items, lawn equipment, furniture, firewood, parts,yard waste, and the like. Buffers are not required where public roads or trails abut or cross the stream. c) Stream buffer strips not required by this Section may be voluntarily created in conformance with the requirements of this Section concurrent with approval of a site plan, or in the absence of a site plan, upon approval of an administrative permit. d) Pursuant to the regulations of this Section,the following dimensional requirements shall apply to stream buffer strips based on the watershed in which the stream is located, as follows: a. Bassett Creek Watershed: Bassett Creek, Plymouth Creek, and the North Branch of Bassett Creek shall have a stream buffer on either side of the watercourse that measures at least ten feet in width or 25 percent of the distance between the ordinary high water level and the nearest existing structure, whichever is less. b. Elm Creek Watershed: Elm Creek and any other watercourses shall have a stream buffer on either side of the watercourse that averages at least 50 feet in width, with a minimum buffer of 25 feet. c. Shingle Creek Watershed: All streams and watercourses that are designated as Public Waters shall have a stream buffer on either side of the watercourse that averages at least 30 feet in width, with a minimum buffer of 20 feet. e) A permanent stream buffer monument shall be installed and maintained at each lot line where it crosses a stream buffer strip, and where needed to indicate the contour of the buffer strip, with a maximum spacing of 100 feet. f) Stream buffer vegetation shall meet all performance standards of Section 21670.08 of this Chapter unless otherwise approved or directed by the City Engineer. Section 34.Amendment of City Code. Section 21670.08, Subd.4 of the Plymouth City Code WETLANDS DISTRICT- Buffer Strip Vegetation Performance Standards) is hereby amended with existing, new text and deleted text as follows: Subd. 4. During the first five years after initial planting, the developer shall submit to the City an annual report documenting the progress for establishment of the buffer strip. The report shall include a map of the buffer strip location, a description of compliance with the performance standards, a description of activities completed within the past year, a description of activities planned for the upcoming year, a map of plant communities within the buffer strip boundary including square footage estimates of the areas of native plantings and invasive or non-native vegetation, and other information as may be requested by the City of Plymouth. Until such time as the buffer strip is accepted by the City, the developer shall be required to replant any buffer strip vegetation that does not survive. After the City has Ordinance 2024-09 Page 38 accepted the buffer strip, if the condition of the buffer strip area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer strip area to meet the standards established in this subdivision..-, except to control noxious weeds. Section 35.Amendment of City Code. Section 21105.02 of the Plymouth City Code (GENERAL BUILDING AND PERFORMANCE STANDARDS—Dwelling Unit Restriction) is hereby amended with existing, new text and deleted text as follows: 21105.02. - Dwelling Unit Restriction. Subd. 1. No model home, garage, tent, accessory building,vehicle, or recreational camping vehicle shall at any time be used as living quarters, temporarily or permanently, except as may be approved in emergency cases by the Zoning Administrator as an administrative permit. Subd. 2.Tents, play houses or similar structures may only be used for play or recreational purposes. Subd. 3. Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling. Subd. 4. Where renting of rooms to boarders is allowed as an accessory use in a zoning district, such arrangement shall not be allowed to create a separate or accessory dwelling unit except where allowed under Section 21190.04. Except where allowed under Section 21190.04, uth such boarders or renters shall have full access to, and use of, common living spaces, with no separate entrance or kitchen. Such boarders or renters shall not occupy an accessory structure. Section 36.Amendment of City Code. Section 21115.04 Subd. 1 of the Plymouth City Code GENERAL YARD, LOT AREA AND BUILDING REGULATIONS-Yards) is hereby amended with existing, new text and deleted text as follows: Subd. 1.The following shall not be considered as encroachments on yard setback requirements. a) For principal buildings, cantilevers up to ten feet in width, chimneys up to six feet in width, and flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than 30 inches into a required yard. Window wells and their related covers shall not encroach in existing or required drainage or utility easements, unless approved by the City Engineer. b) Uncovered walkways, uncovered stoops, and uncovered steps within a front yard. c) Terraces, uncovered steps, decks, patios, uncovered porches, uncovered stoops and similar features that do not extend above the height of the main living level of the principal structure, provided that in no case shall any such feature be closer than six feet from a side or rear lot line, or from a front lot line which qualifies as an equivalent rear or side yard as defined by this Chapter. No encroachment shall be permitted in existing or required drainage and utility easements, unless approved by the City Engineer. d) Pursuant to Section 21120 of this Chapter, accessory buildings and structures including, but not limited to, sheds,ground-mounted solar panels, play and recreational facilities, private dog kennels, laundry drying equipment, and gazebos shall not be located in a front yard. Such accessory buildings or structures, when built to manufacturer specifications, may be located within: 1) a side or rear yard, provided they comply with the minimum side or rear yard setback requirement for accessory structures as prescribed by the Ordinance 2024-09 Page 39 applicable district; and 2) a front yard which qualifies as an equivalent r ar or side yard (as defined by this Chapter)on corner lots or through lots, they may be located within the front yard area that abuts a side or rear building facade, provided they a+e comply with the minimum front yard setback set back from such front lot line a distance equal to, or greater than, the minimum front setback specified for the principal building on the lot, and comply with the minimum side yard setback requirement for accessory structures, as prescribed by the applicable district. No encroachment shall be permitted in existing or required drainage and utility easements, unless approved by the City Engineer.The exception is that eave overhangs and any related gutters for detached accessory buildings may encroach into a yard setback and drainage and utility easement up to 24 inches beyond the exterior walls of the building. e) Air conditioning equipment and generators may be located in a side or rear yard, provided that for residential uses they are set back at least six 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 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,they may be located within a front yard area that abuts a side or rear building facade (not the front building facade containing the main entrance). In no case shall such items be permitted to encroach into an existing or required drainage and utility easement, unless approved by the City Engineer. Section 37. Amendment of City Code. Section 21120.02 Subd. 8 of the Plymouth City Code ACCESSORY BUILDINGS, STRUCTURES,AND USES—General Requirements,Trash Receptacles) is hereby amended with existing, new text and deleted text as follows: Subd. 8.Trash Receptacles. a) Except as otherwise provided, all existing multiple family dwellings and non-residential buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: a-) 1. Exterior wall treatment shall be similar and/or complement the principal building. Oa-)2. For residential uses,the minimum setback for an enclosed trash receptacle area shall be the same as the setback prescribed for accessory structures. For non-residential uses,the minimum setback for an enclosed trash receptacle area shall be the same as the setback prescribed for the principal building. c) 3. The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation. d)4.The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way. e-)5. The design and construction of the trash enclosure shall be subject to the approval of the Building Official. 4}6. Recycling space shall be provided as required by the Minnesota State Building Code. g)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. h)8. The trash enclosure shall not be located within a front yard, unless one of the following exceptions apply: 1) a trash enclosure may be located within a front yard that qualifies as an 'equivalent' rear or side yard, as defined by this Chapter; or 2) when all yard areas for a building are front yards, the Zoning Administrator shall designate the yard area in which the trash enclosure may be located. Ordinance 2024-09 Page 40 b) Except as otherwise provided, new multifamily dwellings buildings shall provide an internal trash and recycling area in conformance with the following: 1. Exterior wall treatment shall be similar and/or complement the principal building. 2.The entrance shall be in an accessible location for servicing vehicles and shall not conflict with site circulation. The entrance shall not be in the front yard or visible from adjacent residential properties, unless approved by the Zoning Administrator. 3.The design and construction shall be subject to the approval of the Building Official. 4. Recycling space shall be provided. Future space for compost shall be identified. 5. Noise emanating from collection activities shall be minimized so as not to constitute a nuisance as defined and regulated by Section 2010 of the City Code. Section 38. Effective Date.This amendment shall take effect immediately upon its passage. ADOPTED by the City Council this 26th day of March, 2024. Jeffry Wosje, Mayor ATTEST: Amy tschalk, Deputy City Clerk