HomeMy WebLinkAboutCity Council Ordinance 1992-26CITY OF PLYMOUTH
ORDINANCE NO. 92- 26
AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS
AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO THE
DEFINITION SECTION REGARDING FLOOD PLAIN ZONING
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 4, Subdivision B is hereby amended as follows:
Bluff -- A topographic feature such as a hill, cliff or embankment having all
of the following characteristics: part or all of the feature is located
within a shoreland area; the slope rises at least 25 feet above the
ordinary high water level; the grade of the slope from the toe of the bluff
to a point 25 feet or more above the ordinary high water level averages 30
percent or greater; and the slope must drain toward the waterbody.
Bluff, Toe-- The toe of a bluff is the lower point of a 50 -foot segment of a
bluff where the average slope of the segment exceeds 18 percent.
Bluff, Top -- The top of a bluff is the upper point of a 50 -foot segment of a
bluff where the average slope of the segment exceeds 18 percent.
Bluff Impact Zone -- The bluff and land located within 20 feet from the top of
the bluff.
Building Line Setback -- The distance between the building line and the
property line or, in the case of a shoreland yard, the ordinary high water
level.
Clear Cutting -- The removal of an entire stand of trees. See Intensive
vegetation clearing.
Deck -- An accessory structure consisting of an unenclosed platform such as a
porch or patio, with or without railings, seats, trellises, or similar
features, attached to or detached from the principal structure, which is
used for outdoor recreation.
Intensive Vegetation Clearing -- The complete removal of trees or shrubs in a
contiguous patch, strip, row, or block. See clear cutting.
Mining -- The extraction of sand, gravel, or other material from the land in
the amount of fifty (50) cubic yards or more and removal from the site.
For the purposes of this ordinance, this does not mean extraction of
metallic minerals or peat.
Natural Resource Analysis -- A report in map and text form identifying the
existing natural features of a parcel of land and the relationship of a
proposed use to the existing natural conditions of the parcel; used in the
determination of appropriate means to preserve and manage areas unsuitable
for development in their natural state due to physical constraints or
special protection status.
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Non -Conforming Structure -- A structure which was lawfully built prior to the
adoption of regulations and which does not comply with the bulk, yard
setback or height regulations of the district in which it is located.
Non -Conforming Use of Land -- Any use of a lot which was lawfully established
prior to the adoption of land use regulations and which does not conform to
the applicable use regulations of the district in which it is located.
Non -Conforming Use of Structures -- A use of a structure which was lawfully
established prior to the adoption of use regulations and which does not
conform to the applicable use regulations of the district in which it is
located.
Ordinary High Water Ma-rk Level -- ,mark The boundary of public waters and
wetlands; the elevation delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence upon the
landscape. The Ordinary High Water Mark Level is commonly that point where
the natural vegetation changes from predominantly aquatic to predominantly
terrestrial. For water courses, the Ordinary High Water Mark Level shall
be is the elevation of the top of the bank of the channel. For reservoirs
and flowages, the Ordinary High Water Mark Level shall be the operating
elevation of the normal summer pool. The Ordinary High Water Mark -of
Public Waters -- Waters which are defined in Minnesota Statutes 4-9m, Section
105.37, Subdivision 14 and 15; for purposes of the Shoreland Management
Overlay District as N.,...•.ide this Ordinameel this includes means lakes,
ponds, and flowages of more than 10 acres and streams, ereeks, and wate-r
eourses having a tetal drainage area ef 2 square miles or more. This does
not include mean a body of water created by a private user, where there was
no previous shoreland, as defined by the Department of Natural Resources,
for a designated private use allowed by this Ordinance and authorized by
the Department of natural Resources. The official determination of the
size and physical limits of drainage areas of streams, ereek5, an'. water
size af lakes, ponds, or flowages shall be the areas listed in the
ottieia' determination of size and physical limits shall made by the
Commissioner of the Department of Natural Resources pursuant to State
statutes.
Sewage Treatment Systems -- On-site means for disposing and treating human and
domestic waste such as a septic tank and soil absorption system or other
system allowed by state and city regulations; used where authorized by the
city when access to the municipal sewer system is not feasible.
Sewer System -- The public utility operated by the city to conduct sanitary
wastes to the Metropolitan Waste Control Commission facility for treatment
and disposal.
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Shore Impact Zone -- Land in the designated Shoreland between the ordinary high
water level and a line parallel to it at a setback of 50 percent of the
minimum structure setback established by this Ordinance.
Shoreland -- Land located within the following distances from the public waters
defined and classified in this Ordinance: 1,000 feet from the Ordinary
High Water Mark Level of a the lakes, pond, of flewage; and 300 feet from a
streams, creek, of watef eeurse; or the landward extent of a flood plain on
a tributary stream as designated by this Ordinance, whichever is greater.
The limits of shorelands may be reduced pursuant to state regulations and
this Ordinance.
Steep Slope -- Land having an average slope exceeding 12 percent as measured
over horizontal distances of 50 feet or more, that is not a bluff;
provided, the City Engineer may classify the land otherwise based upon
review of detailed topographic data.
Subdivision -- A surveyed and legally described tract of land which is to be or
has been divided, consistent with state and city regulations, into two (2) or
more lots or parcels, any of which resultant pafeels is less than five (5)
twenty acres in area, for the purpose of transfer of ownership or bui }long
development, or, if a new street is involved, any division of a parcel of land.
The term includes resubdivision and, where it is appropriate to the context,
relates either to the process of subdividing or to the land subdivided.
Substandard Use Any use of sherelands existinq- prior —to thedate
Variance -- A modification of or variation from the provisions of this
Ordinance consistent with the state enabling statute for municipalities, as
applied to a specific piecef property and granted pursuant to the
standards and procedures of this Ordinance, except that a variance shall
not be used for modification i -n of the allowable uses within a district and
shall not be allowed uses that are prohibited as -a variance.
Water -oriented Accessory Structure -- A building or facility allowed and
governed as to size, number, and location by this Ordinance which is
reasonably eligible, due to the clear relationship of its use to a surface
water feature, for location closer to public waters than the minimum
shoreland yard setback; included are boathouses, gazebos, screen houses,
fish houses, pump houses, detached decks, and the like; not included are
stairways, fences, docks, and retaining walls.
Wetland -- A surface water feature classification established in the U.S. Fish
and Wildlife Service Circular No. 39 (1971 edition).
Yard, Shoreland -- A yard which is typically a rear yard extending across a lot
and being the required minimum horizontal distance between a structure and
the Ordinary High Water Mark Level of a public water area as established by
the City Storm Drainage Plan and Department of Natural Resources.
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Bold - indicates new text
St lkeeut - indicates deleted text
Section 2. Effective Date. This ordinance shall take effect upon its
passage and publication.
Adopted by the City Council this 31st day of August 1992.
ATTEST
City Clerk
(cc/ord/8-31.2)
Published: Sun Sailor 9/30/92.
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