HomeMy WebLinkAboutCity Council Ordinance 1978-02CITY OF PLYMOUTH, MINNESOTA
ORDINANCE NO. 78-2 __
PLYMOUTH ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS
SECTION 1 PURPOSES AND INTENT
This Ordinance is enacted for the following purposes: to promote
the health, safety, morals and general welfare of the inheb itants
of the City of Plymouth by lessening congestion in the public
rights-of-way, securing safety from fire, panic and other dangers,
providing adequate light and air, preventing the overcrowding of
land; avoiding undue conc=entration of population, facilitating the
adequate provision of transportation, water, sewerage, schools,
parks and other public rc_;tirements; to promote a more effici,-nt
and desirable utilization of land t:y recognizing special land
features such as slopes, topography, soils, vegetation, areas
subject to inundation, hydrologic systems, and wildlife; to divide
the City into zones or districts as to the use of land and struc-
tures for residence, business, and industrial purposes; to prohibit
the use of buildings, structur�,s, and lands that are incompatible
with the intended use or development of lands within the specified
zones; and to define and limit the powers and duties of the adminis-
trative offices and bodies provided for herein.
SFCTION 2 TITLE
This Ordinance shall be known and may be cited and referred to as
the "Plymouth Zoning Ordinance," when referred to herein, it shall
be known as "this Ordinance."
SECTION 3 SCOPE AND INTERPRETATION
Subdivision 1. Scone.
From and after the effective date of this Ordinance, the use of
all land and every building or portion of a building erected,
altered in respect to height and area, added to, or relocated, and
every use within a building or use accessory thereto in the City
of Plymouth shall be in conformity with the provisions of this
Ordinance. Any existing building or structure and any existing use
or properties not in conformity with the regulations herein
prescribed shall be regarded as non -conforming, but may be continued,
extended or changed, subject to the special regulations herein
provided with respect to non -conforming properties or uses.
Subdivision 2. Interpretation.
In interpreting and applying the provisions of this Ordinance, they
shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general
welfare. Whezz the provisions of this Ordinance impose greater
restrictions than those of any other ordinance or regulation, the
provisions of this Ordinance shall be controlling. Where the
provisions of any statute, other ordinance or regulation impose
greater restrictions than this Ordinance, the provisions of such
statute, other ordinance or regulation shall be controlling.
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Subdivision 3. Private Agreements.
This Ordinance does not abrogate any easement, covenant, or any
other privete agreement where such is not legally enforceable
provided that where the regulations of this Ordinance are more
restrictive (or impose higher standards or requirements) than
such easEments, covenants, or other private agreements, the
requirements of this Ordinance shall govern.
SECTION 4 RULES AND DEFINITIONS
Subdivision 1. Rules.
For the purpose of this Ordinance words used in the present tense
shall include the future, words in the singular shall include the
plural, and the plural the singular; the word "building" shall
include the word "structure", the word "lot" shall include the
word "plot", "piece", or "parcel"; the work "person" shall include
any firm, association, organization, partnership, trust, company,
or corporation as well as an individual; and the word "used for"
shall include the phrases "arran.ged for", "designed for", "intended
for", "maintained for", and "occupied for".
Subdivision 2. Definitions.
For the purpose of this Ordinance, certain terms and words are
defined as follows:
Accessory Building -- A subordinate building or portion of the
main building which is located on the same lot or parcel
as the main building and the use of which is clearly'inci�
dental to those of the main use.
Accessory Use -- A use subordinate to the main use on a lot and
used for purposes customarily incidental to those of the
main use.
Agriculture -- Shall be considered to mean the growing of soil
crops in the customary manner on open tracts of land., the
raising of animals or poultry, except kennels and farms for
disposal of garbage or offal; the term shall include inci-
dental retail selling by the producer of products raised on
the premises, provided that space necessary for parking of
vehicles of customers shall be furnished off the public
right-of-way.
Airport -- (Landing Strip, Heliport, or Aircraft Stop) -- Any
premises which are used, or intended for use, for the landing
and take -off of aircraft; and any appurtenant areas which are
used or intended for use of building incidental to aircraft
services, together with all buildings structures thereon.
Alley -- Any public space or thoroughfare less than 16 feet but
not less than 10 feet in width which has been dedicated or
deeded to the public for public use and designed to provide
secondary property access.
Apartment -- A part of a building consisting of a room or suite
of rooms which is designed for, intended for or used as a
residence r -or one family or an individual and is equipped with
cooking facilities.
Apartment Building -- Three (3) or more dwelling units or apart-
ments grouped in one building.
Automobile Laundry (Car Wash) -- A building, or portion thereof,
containing facilities for washing more than two automobiles,
using production line methods with a steam cleaning device or
other aiechanical devices.
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Automobile Repair, Major -- Engine rebuilding or major recondi-
tioning of worn or damaged motor vehicles or trailers;
collision service including body, frame, or fender straigh-
tening or repair; and overall painting of vehicles.
Automobile Repair, Minor -- Incidental repairs, replacement of
parts, and motor service to automobiles, but not including
any ;operation specified under."Auto ,Repair, Major".
Automobile -Wrecking -• The dismantling of wrecking of used motor
vehicles or trailers, or the storage, sale or dumping of
dismantled, partially dismantled, or wrecked vehicles or
their parts. (See Junk Yard)
Basement ---That portion of a building between flbor and ceiling,
which is partly below and partly above grade (as defined
in this Section), but so located that the vertical distance
from grade to the floor below is less than the vertical
distance from grade to ceiling, (See Story)
Billrjard -- See Sign, Advertising
Block -- An area of land within a subdivision that is entirely
bounded by streets, or by streets and the exterior boundary
or boundaries of the subdivision, or a combination of the
above with a river or lake.
Board -- The Board of Zoning Adjustment
Boarding House -- Any dwelling unit other than a hotelor motel
where meals or lodging or both are provided for compensation
for three (3) or more persons, pursuant to; previous arrange-
ments andnotto anyone who may apply.,
Boathouse---- An accessory building enclosed on the top and at least
`3 sides, designed to provide storage and protection for
water craft a:nd their accessories during periods of inactivity,
said building being incidental to the principal one of the
property.
Broadcasting Antenna, Radio and Television -- Commercial, public
or private broadcasting towers exceeding 100$ (or two times)
of the district height limitations or more than one tower
in each installation of any height located on the same Tot
or parcel.
Buffer --'The use of land, topography, difference in elevation,_.
space_, fences, or landscape planting to screen or partially
screen a use or property from the vision of another use or
property, and thus reduce undesirable influences, such as;
sight, noise, dust and other external effects,
Buildable Area - The space remaining on a lut after the minimum
setback and open space requirements of this .ordinance have
been inet,
Building -- Any structure 1, ` g a roof and built for the support,
shelter, or enclosure o. ersons, animals, chattels, or
property of any kind,
Building Height -- The vertical distance from the average of the
highest and lowest point o€,,grade for that portion of the lot
covered by the building to the highest point of the roof for
flat roofs, to the roof deck line of mansard roofs and to the
mean :height between eaves and ridge for gable, hip and gambrel
roofs,
Building Line -- An imaginary line separating buildable area and
i required yards,
Building Line Setback -- The distance between the building line
and the property line.
Building, Unit Group -- Two (2) or more buildings (other than
dwellings) grouped upon a lot and held under one (1) owner-
ship, such as universities, hospitals, institutions and
industrial plants.
Cellar -- That portion of a building between floor and ceiling
which is wholly or partly below grade (as defined in this
Section) and so located that the vertical distance from
grade to the floor below is equal to or greater than the
vertical distance from grade to ceiling. (See Story)
Cemetery -- Site set apart for the burial or interment of the
human dead.
Cemetery, Pet -- Site set apart for the burial of pets.
Church -- A building wherein people regularly assemble for reli-
gious worship :and which is maintained and controlled by a
religious body organized to sustain public worship.
Comprehensive Plan -- The series of maps, reports, statement of
Goals, Objectives, and Criteria; and documents prepared by the
Planning Commission and adopted by the City Council to desig-
nate long-range orderly growth and development of the commu-
nity. Including, but not limited to: a Land Use Guide, a
Thoroughfare Guide Plan; Community Facilities Plans and poli-
cies for plan execution.
Concept Plan -- A report in map and text form submitted as the first
of a Planned Unit Development (P.U.D.) proposal, depicting
the location, general purpose, general type of land use and
circulation pattern, primary relationships between site ele-
ments and between the proposed development and surrounding
development, proposed general schedule of development, and
information on the proposed developer.
Condominium -- A form of individual ownership within a building
which entails joint ownership and rest-,nsibility for mainte-
nance and repairs of the land and other common property of
the building.
Cooperative -- A multi-unit development operated for and owned by
its occupants. Individual occupants do not own their specific
housing unit outright as in a condominium, but they own
shares in the enterprise.
Day Care Center -- A licensed facility in which care is provided
for six or more children as distinguished from a Nursery School.
Density, Residential -- A number expressing the relationship of the
number of dwellings.to an acre of land.
District -- Sections of the City for which the regulations govern-
ing the height, area, use of buildings and premises are the
same.
Dog Kennel -- Any premises where three (3) or more dogs, over four
(4) months of age, are owned, boarded, bred or offered for sale.
Dwelling -- Any building or any portion thereof which is not an
"Apartment," "Lodging House" or a "Hotel" as defined in this
Section, which contains one or two "Dwelling Units" or "Guest
Rooms" used, intended, or designed to be built, used, rented,
leased, let, or hired out to be occupied, or which are occu-
pied for living purposes.
Dwelling, Attached -- (Apartment, Condominium, Cooperative of
Townhouse) -- A dwelling joined to one or more other dwellings
by party wall or walls.
Dwelling, Detached -- A dwelling entirely surrounded by open space.
Dwelling, Multiple -- A building designed for occupancy by three
(3) or more families.
Dwelling, One Family -- A building designed and occupied exclu-
sively by one (1) family.
Dwelling, Two Family -- A building designed for occupancy by two
(2) families.
Dwelling Unit -- One or more habitable rooms which are occupied
or which are intended or designed to be occupied by one
family with facilities for living, sleeping, cooking and
eating.
Equal Degree of Encroachment -- A method of determining the loca-
tion of encroachment lines so that the hydraulic capacity
of flood plain lands on each side of a stream are reduced
by an equal amount when calculating the increases in flood
stages due to flood plain encroachments. -
Essential Services -- Overhead or underground electrical, gas,
steam or water transmission or distribution systems; collec-
tion, communication, supply or disposal systems used by
public utilities or governmental departments or commissions
or as are required for the protection of the public health,
safety or general welfare, including towers, poles, wires,
substations, mains, drains, sewers, pipes, conduits, cables,
reservoirs, wells, elevated tanks, fire alarm boxes, police
call boxes, and other similar equipment and accessories in
connection therewith, but not including buildings, except
those buildings that are an integral part of the essential
service.
Family -- An individual or two or more persons related by blood
or marriage or a group of not more than fire persons (exclu-
ding servants) who need not be related by blood or marriage
living together in a dwelling unit.
Fence -- Any partition, structure, wall or gate erected as a
dividing marker, barrier or enclosure and located along the
boundary or within the required lot area.
Flood -- A temporary rise in stream flow or stage that results in
inundation of the area adjacent to the channel.
Flood Frequency -- The average frequency, statistically determined,
for which it is expected that a specific flood stage or dis-
charge may be equalled or exceeded. -
Flood Fringe -- That portion of the flood plain outside of the flood -
way.
Flood Plain -- The areas adjoining a watercourse which have been
or hereafter may be covered by the regional flood.
Flood Proofing -- A combination of structural provisions,
changes, or adjustments to properties and structures subject
to flooding primarily for the reduction or elimination of flood
damages.
Flood, "Standard Project" -- The flood that may be expected from
the most severe combination of meteorological and hydrological
conditions that is considered reasonably characteristic of
the geographical area in which the drainage basin is located,
excluding extremely rare combinations. Such floods are
intended as practicable expressions of the degree of protec-
tion that should be sought in t'._e design of flood control
works, the failure of which might be disastrous.
Flocdway -- The channel and those portions of the flood plains
adjoining the channel which are reasonably required to carry
and discharge the flood water or flood flow of a specific
size without unduly raising upstream water surface elevation.
Floor Area -- The area included within the surrounding exterior
walls of a building or portion thereof, exclusive of vent
shafts and courts.
Garage -- A building or portion thereof in which a motor vehicle
containing gasoline, distillate or other volatile, flammable
liquid in its tank, is stored, repaired, or kept,
Garage, Private -- A building or portion of a building not more
than 1,000 square feet in area, in which only motor vehicles
used by the tenants of the building or buildings on the premi-
ses are stored or kept.
Garage, Public Parking -- Any garage other than a private garage.
Gasoline Service Station -- Any building or premises used for the
dispensation, sale, or offering for sale at retail of any
motor fuels, oils or lubricants. When the use is incidental
to the conduct of a public garage, the premises are classified
as aMpublic garage.
General Development Plan -- A report in text and map form with the
map drawn to scale depicting the general location and relation-
ship of structures, streets, driveways, recreation areas,
parking areas, utilities, etc, as related to a proposed
development.
Grade -- (Adjacent Ground Elevation) -- The lowest point of eleva-
tion of the finished surface of the ground between the
exterior wall of a building and a point 5 feet distant from
said wall, or the lowest point of elevation of the finished
surface of the ground between the exterior wall of a building
and the property line if it is less than S feet of a public
sidewalk, alley or other public way, the grade shall be the
elevation of the sidewalk, alley, or public way.
Guest Room -- Any room or rooms used, or intended to be used by
a guest for sleeping purposes.
Height of Building -- The vertical distance from the "Grade" to
the highest point of the copping of a flat roof or to the deck
line of a mansard roof or to the average height of the highest
gable of a pitch or hip roof.
Home Occupation -- An occupation or profession of a service charac-
ter which is clearly secondary to the main use of the premises
as a dwelling and does not change the character thereof, Any
activity resulting in noise, fumes, traffic, light and odors,
fabrication of materials, mechanical repair, or mechanical
testing, to such an extent that it is noticeable that the pro-
perty is being used for non-residential purposes shall not
constitute a home occupation. (Any activity requiring or
resulting in the construction of any special structures or
any special entrances into the main building which are visible
from the exterior of the premises or any parking facilities,
special lighting, antennae, or special fuel storage tanks
(such as those required for butane or LP gas) shall not
constitute a home occupation. Provided further that such
occupation shall be carried on only by members of a family
residing in the dwelling,}that not over twenty-five (25)
percent of the gross floor area of any one story is used for
home occupation or professional purposes. There shall be no
sale of products from the site.)
Hotel (Motel) -- Any building or portion thereof iahere lodging is
offered to transient guests for compensation and in which
there are more than three (3) sleeping rooms, with no cooking
facilities in an individual room or apartment.
Junk Yard -- Land or buildings where waste, discarded or salvaged
materials are brought, sold, exchanged, stored, cleaned, packed,
disassembled or handled, including, but not limited to scrap
metal, rags, paper, rubber products, glass products, lumber
products and products resulting from the wrecking or salvage
of automobiles or other vehicles.
Land Reclamation -- Depositing fifty (50) cubic yards or more of
material so as to elevate the grade.
Limited Access Highway -- A trafficway, including toll roads, for
through traffic, in respect to which owners or occupants of
abutting property or lands and other persons have no legal
right of access to or from the same, except at such points
only and in such manner as may be determined by the public
authority having jurisdiction over the trafficway.
Loading Space -- That portion of a lot or plot designed to serve
the purpose of leading or unloading for all types of vehicles.
Lodging House -- A building or premises where lodging is provided
for compensation for three (3) or more persons, but not exceed-
ing twenty-five (25) persons.
Lot -- One unit of a recorded plat or subdivision occupied or to
be occupied by a building and its accessory buildings and
including as a minimum such open spaces as are required under
this Ordinance and having frontage on a public street or
approved private street.
Lot Area -- The total land area within the lot lines.
Lot Area per Family -- The lot area required by this Ordinance to
be provided for each dwelling.
Lot,Corner -- A lot situated at the junction of and fronting on
two or more streets.
Lot, Coverage -- The area of a lot occupied by the principal
building or buildings and accessory buildings.
Lot Depth -- The mean horizontal distance between the front and
rear lines measured at right angles to the street or in the
case of curved street or cul-de-sacs, on a line which is at
right angles to a tangent of the curve radius.
Lot, Double Frontage -- An interior lot having frontage on two
streets.
Lot, Interior -- A lot other than a corner lot.
Lot Lines -- The lot boundary limits. When a lot line abuts a
street, avenue, park or other public property, except an
alley, such line shall be known as a street line, and when
a lot line abuts an alley, it shall be known as an alley line.
Lot Line, Front -- That boundary of a lot which abuts an existing
or dedicated public street.
Lot Line, Rear -- That boundary of a lot which is opposite the
front lot line. If the rear lot line is less than ten (10)
feet in length, or if the lot forms a point at the rear, the
rear lot line shall be a line ten (10) feet in length within
the lot, connecting the side lot lines and parallel to the
front lot line.
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Lot Line, Side -- Any boundary of a lot which is not a front lot
line or a rear lot line.
Lot of Record -- A lot which is a part of a subdivision, the map of
which has been recorded in the office of the Register of Deeds
and on file with the County Finance Division, or a lot des-
cribed by metes and bounds, the deed to which has been recorded
in the office of the Register of Deeds at the time this Ordi-
nance is adopted.
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.
Mobile Home -- Any vehicle or structure constructed in such a manner
as to permit occupancy thereof as living quarters and so de-
signed that it is or may be mounted on wheels and used as
a conveyance on highways and streets, propelled or drawn by its
own or other motor power. Any mobile home less than thirty
(30) feet in overall length is defined as a "Recreation Vehicle".
Mobile Home Park -- Any lot or part thereof, or any parcel of land
which is used or offered as a location for two (2) or more
Recreation Vehicles or mobile homes used for any purpose set
forth in the definition of "Mobile Home".
Modular Manufactured or pre -fabricated Home -- A non-mobile housing
unit that is basically fabricated on site or at a central
factory and transported to a building site where final
installations are made, permanently affixing the module to a
foundation on the site.
Municipal Water and Sewer Systems -- Utility systems serving a group
of buildings, lots, or an area of the City, with the design
and construction of such utility systems as approved by the
City engineer.
Natural Resource Analysis -- A report in map and text form.iden-
tifying the existing natural features of a parcel of land
and the relationship of a proposed use to the existing natural
conditions of the parcel.
Non -Conforming Structure -- A structure 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 does not con-
form to the applicable use regulations of the district in
which it is located.
Non -Conforming Use of Structures -- A use of a structure which does
not conform to the applicable use regulations of the district
in which it is located.
Nursery School -- A facility exclusively providing activities of
an educational or enriching nature for six or more children of
up to the age of six and licensed by the State of Minnesota.
Nursing Home, Rest Home, or Convalescent Home -- A private home for
the care of children or the aged or infirm, or a place of rest
for those suffering bodily disorders -- but not containing
equipment for surgical care or for treatment of disease or
injury.
Occupancy -- The purpose for which a building is used or intended
to be used. The term shall also include the building or room
housing such use. Change of occupancy is not intended to
include change of tenants or proprietors.
Obstruction -- Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel rectification,
culvert, building, wire, fence, stockpile, refuse, fill,
structure, or matter in, along, across, or projecting into
any channel, watercourse, or regulatory flood hazard area
which may impede, retard, or change the direction of the
flow of water, either in itself or by catching or collecting
debris carried by such water, or that is placed where the flow
of water might carry the same downstream to the damage of life
or property.
Open Space -- Any open area not covered by structures owned by a
person or persons including but not limited to the following
uses: required or established yard areas, parking areas,
sidewalks, schoolwalks, trails, recreation areas, water
bodies, shorelands, watercourses, wetlands, groundwater
recharge areas, floodplain, floodway, flood fringe, erodible
slopes, woodland, and soils with severe limitations for develop-
ment.
Open Space, Common -- A parcel or parcels of land or an area of
water not required for storage of the "Regional Flood" or
a combination of such land and water area within the site
designated for private open space for the sole benefit, use,
and enjoyment of present and future lot or home owners within
a Planned Unit Development.
Open Space, Private -- Any open space own -d by a person or persons.
Open Space, Public -- Any open space publically owned.
Parking Space -- An area of such shape and dimensions and so pre-
pared as to be usable for the parking of a motor vehicle and
so located as to be accessible to a public street or alley.
Performance Standard -- A criterion established to control environ-
mental effects such as but not limited to: odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazard, glare,
run-off or generated by or inherent in, uses of land or
building.
Person -- A natural person, his heirs, executors, administrators,
or assigns, and also includes a firm, partnership, or
corporation, its or their successors or assigns, or the
agent of any aforesaid.
Plan, Comprehensive -- The series of maps, reports, statement of
Goals, Objectives and Criteria; and documents prepared by the
Planning commission adopted by the City Council to designate
long-range orderly growth and development of the community.
Including, but not limited to: a Land Use Guide Plan; a
Thoroughfare Guide Plan; Community Facilities Plans and poli-
cies for plan execution.
Plan, Concept -- A report in map and text form submitted as the first
step of a Planned Unit Development (P.U.D.) proposal, depict-
ing the location, general purpose, general type of land use
and circulation pattern, primary relationship between site
elements and between the proposed development and surrounding
development, proposed general schedule of development, and
information on the proposed developer.
Plan, General Development -- A report in text and map form with the
map drawn to scale depicting the general location and rela-
tionship of structures, streets, driveways, recreation areas,
parking areas, utilities, etc. as related to a proposed
development.
Plan, Site -- A map drawn to scale depicting the development of a
tract of land, including but not limited to the location
and relationship of structures, streets, driveways, recreation
areas, parking areas, utilities, landscaping, and walkways as
related to a proposed development.
Planned Unit Development -- A tract of land developed as a unit
rather than as an individual development wherein two or more
buildings may be located in relationship to each other rather
than to lot lines with regard to use, location and in accordance
with definite requirements as well as provisions agreed to
between the City and owner.
Plat -- A drawing or map of a subdivision, meeting all the require-
ments of the City and in such form as required by the County
for purposes of recording.
Premises -- A lot or plot with the required front, side and rear
yards for a dwelli-g or other use as allowed under this
Ordinance.
Public Water -- Any existing or proposed body of water or drainage
channel which has the potential to support any type of recre-
ational pursuit or water supply purpose. A stream or drainage
channel having a tributary area of less than 1,280 acres, or
lake or pond with a design of less than 25 acres of surface
area need not be regulated by the C-3 SHORELAND DISTRICT. The
tributary area and design surface area shall be as established
in the Storm Drainage Plan adopted August 6, 1973 or as there-
after amended.
Reach -- A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or
man-made obstruction. In an urban area, the segment of a
stream or river between two consecutive bridge crossings
would most typically constitute a reach.
Recreation Vehicle -- Includes mobile homes less than 30 feet in
overall length, including those which telescope or fold down;
chassis, mounter campers, housecars, motor homes, tent trailers,
slip -in -campers (those mounted in a pickup truck or similar
vehicle), converted buses, and converted vans.
Regional Flood -- A flood which is representative of large floods
known to have occurred generally in Minnesota and reasonably
characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100 year recurrence interval.
Regulatory Flood Protection Elevation -- A point not less than one
foot above the water surface profile associated with the
regional flood plus any increases in flood hights attributable
to encroachments on the flood plain. It is the elevation to
which uses regulated by this Ordinance are required to be
elevated or flood proofed.
Restaurants (Class I) -- Traditional Restaurant -- Food is served
to a customer and consumed by him while seated at a counter
or table. Cafeteria -- Food is selected by a customer while
going througgFia serving line and taken to a table for consump-
tion.
Restaurants (Class II) -- Fast Food Restaurants -- A majority of
customers order and are served their food at a counter and
take it to a table or counter where it is consumed. However,
a significant number may take the foot outside to eat in an
automobile or off the premises. Drive -In Restaurant -- Most
customers consume their food in an automobile regardless of
how it is served. Carr Out and DeliverZ Restaurant -- Food
is prepared for consumption ott the premises only.—
School
n y.
School -- A building used for the purpose of elementary or secon-
dary education, which meets all the requirements of compulsory
education laws of the State of Minnesota, and not providing
residential accommodations.
Semi -Public Uses -- Uses owned by private or private non-profit
organizations which are open to some but not all of the public
such as: denominational cemeteries, private schools, clubs,
lodges, recreation facilities, churches, etc.
Shopping Center -- Neighborhood Center: A retail center designed
for the purpose of retailing "convenience" goods such as foods
and drugs and providing personal services such as barber shops
and laundry stations for the accommodation of the basic day-to-
day shopping or service needs of persons living or working
within the nearby area. Community Center: A retail center
designed for the purpose of—r-e--HaTling and providing a wide
range of goods and services of both the "convenience" and the
"shoppers or durable" nature such as apparel, furniture and
banking and financial services, for a trade area comprising
of several residential neighborhoods. Regional Center: A
retail center designed to serve a trade area ot several com-
munities and to provide a range of "convenience" and "shoppers
and durable" goods and service comparable to that found in the
central business districts of Minneapolis and St. Paul.
Shoreland -- Land located on the landward side of flood plain
delineated by the C-3 overlay district on the zoning map.
Sign -- Any billboard: notice, poster, display or other device
visible to and primarily intended to advertise and inform or
to attract attention, and shall include any structures erected
primarily for use in connection with the display of any such
device and all lighting or other attachments used in connection
therewith.
Sign, Advertising -- A sign which directs attention to a business,
commodity, service, activity or entertainment not necessarily
conducted, sold or offered upon the premises where such sign
is located.
Sign, Area Identification -- Any free standing sign located on
identified premises, which identifies the name of a neighbor-
hood, a residential subdivision, a multiple residential complex
or any combination of the above.
Sign, Business -- A sign which directs attention to a business or
profession to to a commodity, service or entertainment sold or
offered upon the premises where such a sign is located,
Sign, Directional -- A sign erected on private property for the
purpose of directing traffic to a specific location.
Sign, Flashing -- Any illuminated sign on which such illumination
is not kept stationary or constant in intensity and color at
all times when such sign is in use.
Sign, Free Standing -- Any sign which is placed in the ground and
not affixed to any part of a building.
Sign, Illuminated -- Any sign which has characters, letters, figures,
designs or outlines illuminated by electric lights or luminous
tubes as a part of the sign.
Sign, Institutional -- Any sign or bulletin board which identifies
the name and other characteristics of a' -public or private
institution on the site where the sign is lo-afed.
Sign, Nameplate -- Any sign which states the name or address or
both of the business or occupant of the lot where the sign
is placed.
Sign, Nonconforming -- Any sign which existed prior to the adoption
of this Ordinance but does not conform to the requirements
of this Ordinance.
Sign, Pylon -- A free-standing sign erected upon a single pylon
or post which is in excess of ten (10) feet in height with a
sign mounted on top thereof.
Sign, Rotating -- A sign which revolves or rotates on its axis by
mechanical means.
Sign, Surface Area of -- The entire area within a single, continu-
ous perimeter enclosing the extreme limits of the actual sign
surface. It does not include any structural elements outside
the limits of such sign and not forming an integral part of
the display. Only one side of a double -face or V -type sign
structure shall be used in computing total surface area.
Sign, Swinging -- Any sign designed to be swayed, rocked, or so
moved by wind, other natural phenomenon, or mechanical means.
Sign, Temporary -- A sign erected or placed on private property
for a limited period of time including signs affixed or
attached to vehicles including trailers and capable of being
readily removed.
Sign, Traffic Control -- Any sign which is erected by a government
unit for the purpose of directing or regulating vehicular and
pedestrian traffic.
Site, Plan A map drawn to scale depicting the development of a
tract of land, including but not limited to the location and
relationship of structures, streets, driveways, recreation
areas, parking areas, utilities, landscaping, and walkways
as related to a proposed development.
Story -_That portion of a building included between the upper sur-
face of any floor and upper surface of the floor next above,
except that the topmost story shall be that portion of a
building included between the upper surface of the topmost
floor and the ceiling or roof above. If the finished floor
level directly above a basement, cellar or unused underfloor
space is more than 6 feet above grade as defined herein for
more than 50 percent of the total perimeter or is more than
12 feet above grade as defined herein at any point, such
basement, cellar, or unused under -floor space shall be con-
sidered as a story.
Street -- Any thoroughfare or public space not less than 16 feet
in width which has been dedicated or deeded to the public
for public use.
Street, Thoroughfare -- An arterial street or highway used pri-
marily for heavy traffic and serving as an arterial traffic -
way between the various districts of the Community or between
communities as shown on the Comprehensive Plan.
Structure -- That which is built or constructed, an edifice or
building of any kind, or any piece of work artificially built
up or composed of parts joined together in some definite
manner that is constructed or elected upon or attached to
the ground.
Subdivision -- A described tract of land which is to be or has been
divided into two (2) or more lcts or parcels, any of which
resultant parcels is less than five (5) acres in area, for the
purpose of transfer of ownership or building 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.
Townhouse -- A single structure consisting of at least three but
not more than six dwelling units having the first story at
or near the ground level with no other dwelling units or por-
tions thereof directly above or below with each dwelling unit
connected to another dwelling unit by a party wall with no
openings.
Use -- The purpose for which land or premises or a building thereon
is designated, arranged or intended, or for which it is
or may be occupied or maintained.
Use, Accessory -- A use incidental or accessory to the principal
use of a lot or a building located on the same lot as the
principal use.
Use, Allowable -- A use which may be lawfully established in a
particular district provided it conforms with all requirements,
regulations, and performance standards of such district. Such
use may be permitted use, use by Conditional Use Permit, or
accessory use.
Use, Conditional -- A use which, because of unique characteristics,
cannot be classified as a permitted use in a particular dis-
trict. After due consideration, in each case of the impact
of such use upon neighboring land and of the public desira-
bility for the particular use at the particular location, a
"Conditional Use Permit" may or may not be granted. If
granted, the City Council may attach conditions and guaran-
tees upon the Conditional Use Permit deemed necessary for the
protection of the public interest.
Use Permit, Conditional -- A permit specially and individually
granted for a particular use on a specified parcel or lot
to a person by the City Council after receiving a recommen-
dation from the Planning Commission for any conditional
use permitted in any use district, and is designed to meet
the problem which arises where certain uses should not be
permitted to be located as a matter of right in every area
included within the zone because of hazards inherent in the
use itself or special problems which its proposed locations
may represent.
Use, Permitted -- A use which may be lawfully established in a
particular district or %_istricts, provided it conforms with
all requirements, regulations, and performance standards
(if miy) of such districts.
Use, Principal -- The main use of land or buildings as distin-
guished from a secondary or accessory use. A "principal"
use may be permitted or conditional.
Use, Secondary -- A use which ordinarily is not essentially a per-
mitted or conditional use within the district; which is within
a building containing an allowable use; which is intended
primarily for the use, convenience, and benefit of the
principal use or persons residing, employed, or somehow
engaged in activities of the principal use,
Utilities, Municipal -- City facilities such as sanitary sewer,
water, and storm sewer designed and constructed to City and
State Board of Health standards owned and operated by `he City
for the public use.
Variance -- A modification or variation of the provisions of this
Ordinance as applied to a specific piece of property except
that modification in the allowable uses within a district
shall not be allowed as a variance.
Yard -- An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground
upward, except as otherwise provided herein. In measuring a
yard for the purpose of determining the width of a side yard,
the mean horizontal distance between the lot line and the
main building shall be used.
Yard, Depth of -- The mean horizontal distance between the line of
a building and the street or alley right of way where one
exists; otherwise a lot line.
Yard, Front -- A yard extending across any street frontage of a
lot between the side lot lines, and being the minimum
horizontal distance between any street line and main building
or any projections thereof other than rhe projections of the
usual steps, entranceway, unenclosed balconies, or open porch.
Yard, Rear -- A yard extending across the rear of a lot, measured
between the side lot lines, and being the minimum horizontal
distance between the rear lot line and the rear of the main
building or any projections other than steps, unenclosed bal-
conies or unenclosed porches. On corner lots the rear yard
shall be considered as parallel to the street upon which the
lot has its least dimension. On both corner lots and interior
lots the rear yard shall in all cases be at the opposite end
of the lot from the front yard.
Yard, Shoreland -- A yard extending across a lot, and being the
minimum horizontal distance between a structure and the high-
water level of a public water area as established by the
"Storm Drainage Plan" adopted August 6, 1973 or as thereafter
amended.
Yard, Side -- A yard between the main building and the side line
of the lot, and extending from the front yard line to the
rear yard line.
Zoning Administrator -- The officer charged with the administration
and enforcement of this Zoning Ordinance.
Zoning District -- An area of the City (as delineated on thu Zoning
Map) set aside for specific uses with specific regulations for
use and development.
Zoning District, Overlay -- A zoning district containing regulations
superimposed upon other zoning district regulations and super-
seding the underlying zoning district use regulations.
Zoning District, Underlying -- All zoning districts except Overlay
Zoning Districts.
Zoning Map -- The map or maps incorporated into this Ordinance as
a part thereof, designating the zoning districts.
SECTION 5 CLASSIFICATION OF USE DISTRICTS
Subdivision 1. Districts:
For the purpose of this Ordinance, the City of Plymouth is hereby
divided into classes of districts which shall be designated as
follows:
SPECIAL PROTECTION
GFP GENERAL FLOOD PLAIN DISTRICT
RESIDENCE DISTRICTS
R-0 RESTRICTED RESIDENTIAL SUBDIVISION DISTRICT
R-lA LOW DENSITY -SINGLE FAMILY RESIDENCE DISTRICT
R -IB LOW DENSITY RESIDENCE DISTRICT
R-2 LOW DENSITY MULTIPLE RESIDENCE DISTRICT
R-3 MEDIUM DENSITY MULTIPLE RESIDENCE DISTRICT
R-4 HIGH DENSITY MULTIPLE RESIDENCE DISTRICT
NON -RESIDENCE DISTRICTS
B-1 OFFICE -LIMITED BUSINESS DISTRICT
B-2 SHOPPING CENTER BUSTNESS DISTRICT
B-3 SERVICE BUSINESS b iTRICT
I-1 PLANNED INDUSTRIAL DISTRICT
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Subdivision 2. Zoning Ma
The location and boundaries of the districts established by this
Ordinance are hereby set forth on the Plymouth, Minnesota Zoning
Map; and said Map is hereby made a part of this Ordinance; said
Map shall be known as the "Plymouth, Minnesota Zoning Map." Said
Map and all notations, references and data shown thereon are
hereby incorporated by reference into this Ordinance and shall be
as much a part of it as if all were fully described herein. It
shall be the responsibility of the Zoning Administrator to main-
tain said Map, and amendments thereto shall be recorded on said
Zoning Map within thirty (30) days after official publication of
amendments. The official Zoning Map shall be kept on file in the
City Hall.
Reference in this Ordinance to "C", "R", "B" and "I" Districts shall
refer to the Use District Groups as above se: forth, and reference
to specific Use Districts shall be by reference to the individual
districts listed above as "C-1", "C-21', "R-1" and so forth.
The "C-1 Floodway Overlay District", "C-2 Flood Fringe Overlay
District" and "C-3 Shoreland Overlay District" created hereby con-
tain specific zoning regulations superimposed upon the other
zoning districts and supersede the underlying zoning district
regulations only to the extent expressed in the provisions of the
Overlay Zoning District regulations. In all other respects, the
regulations in the underlying zoning use districts are applicable.
Subdivision 3. District Boundaries.
The boundaries between districts are, unless otherwise indicated,
either the center line of streets, alleys or railroad rights-of-
way or lot lines or section lines or such centerlines or lot lines
extended or lines parallel or perpendicular thereto. Where numbers
are shown on the Zoning Map between a street or lot line and a
district boundary line, they indicate that the district boundary
runs parallel to the street line or property line at a distance
therefrom equivalent to the number of feet so indicated, unless
otherwise indicated. Public lands shall be considered to be in-
cluded in the most restrictive zoning district such lands adjoin.
Subdivision 4. Future Annexation.
Any land annexed to the City in the future shall be placed in the R-0
RESTRICTED RESIDENTIAL SUBDIVISION DISTRICT until another zoning
district is approved by action of the City Council after receipt of
the recommendation of the Planning Commission.
-15-
SECTION 6 FLOOD PLAIN OVERLAY DISTRICT
Subdivision 1. Purpose.
The Legislature of the State of Minnesota has in Minnesota
Statutes 1969, C.104 delegated the responsibility to local
governmental units to adopt regulations designed to minimize
flood losses. This Section of the Plymouth Zoning Ordinance
is responsive to the cited Legislative Mandate as administered
by the Commissioner of the Minnesota Department of Natural
Resources and the provisions of the Storm Drainage Plan of the
City of Plymouth.
Subdivision 2. Intent.
The regulations contained in this District are intended to
guide developments in flood plain areas consistent with
potential flood threats and City land needs. Unwise use
of flood plain lands causes loss of life and property, disrup-
tion of commerce and governmental services, unsanitary condi-
tions, and interruption of transportation and communications.
Sound land use development can reduce damages, expenses, and
incoveniences and assure that City lands are put to their most
appropriate use. This district is based upon Flood Insurance
Study, City of Plymouth, Minnesota, and all Flood Insurance
Rate Maps, Flood Boundary and Floodway Maps and Flood profiles
attached thereto, dated November, 1977, and published by the
United States Department of Housing and Urban Development.
This Study contains data consistent with standards established
by the Minnesota Department of Natural Resources. (The
Bassett's Creek Watershed Management Plan dated February, 1972,
which contains data consistent with standards established by
the Minnesota Department of Natural Resources for delineation
of the General Flood Plain District.) The Regulations contained
within this Overlay District are intended to manage areas suitable
for development of varying types as permitted in the Underlying
Zoning District.
Subdivision 3. General Provisions.
1. Lands to Which Section Applies and Establishment of
Regulatory Flood Protection Elevation
A. This Section shall apply to all lands within the
jurisdiction of the City of Plymouth located within
the Floodway, Flood Fringe and General Flood Plain
District. The Flood Insurance Study for the City of
Plymouth referenced in Subdivision 2 above shall be
attached to and considered a part of the Official
Zoning Map and this Ordinance.
B. The regulatory flood protection elevation and
necessary floodway areas shall be based first
on any applicable data contained in the Flood
Insurance Study for Plymouth referenced in Sub-
division 2 above. In those areas designed as
Unnumbered A Zones, the regulatory flood protection
elevation and necessary floodway areas shall be
established by the City Council consistent with the
methods 57ccified in Subdivision 8 of this ordinance.
2. Rules for Interpretation of District Boundaries. The
Boundaries of the Flood Plain District shall be deter-
mined by scaling distances on the Official Zoning Map.
Where interpretation is needed as to the exact location
of the boundaries of the district as shown on the Official
Zoning Map, as for example where there appears to be a
conflict between a mapped boundary and actual field
conditions, the City Council shall make the necessary
interpretation based upon the applicable flood profile
(Plates 01P -05P) or Base Flood Elevation data contained
in the Floodway Data Table (Table 2) in the Flood
Insurance Study, City of Plymouth, Minnesota. The person
contesting the location of the district boundary shall
be given a reasonable opportunity to present his case
to the Council and to submit his own technical evidence
if he so desires.
3. Warning and Disclaimer of Liability. This Ordinance does
not imply that areas outside the General Flood Plain
District boundaries or land uses permitted within such
districts will be free from flooding or flood damages.
This Ordinance shall not create liability on the part
of the City of Plymouth or any officer or employee there-
of for any flood damages that result for reliance on this
Ordinance or any administrative decision lawfully made
thereunder.
Subdivision 4. Establishment of Zoning Districts.
The flood plain areas within the jurisdiction of°s ordinance
are hereby divided into three Districts: Floodway.'aDistrict (FW),
Flood Fringe District (FF), and General Flood Plain District (GFP).
1. Floodway District. The Floodway District shall include
those areas designated as floodway in the Flood Insurance
Study.
2. Flood Fringe District. The Flood Fringe District shall
include those areas designated floodway fringe in the
Flood Insurance Study.
3. General Flood Plain District. The General Flood Plain
District shall include those areas designated as
unnumbered A Zones by the Flood Insurance Rate Map.
The boundaries of those districts shall be generally as shown on
the Official Zoning Map and the final determination to the district
boundaries will be based on all applicable data in the Flood
Insurance Study for Plymouth. Within these districts all uses not
allowed as permitted uses or permissable as conditional uses shall
be prohibited.
Subdivision S. Floodway District (FW).
1. Permitted Uses. The following uses have a low flood damage
potential and do not obstruct flood flows. These uses shall
be permitted within the Floodway District to the extent that
they are not prohibited by any other ordinance and provided
they do not require structures, fill, or storage of materials,
or equipment. In addition, no use shall adversely affect the
capacity of the channels or floodways or any tributary to
the main stream or of any drainage ditch, or any other drainage
facility or system.
A. Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
B. Industrial -Commercial uses such as loading areas, parking
areas, and airport landing strips.
C. Private and public recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, and hiking and horseback riding
trails.
D. Residential uses such as lawns, gardens, parking areas,
and play areas.
2. Conditional Uses. The following open space uses require
accessory structures (temporary or permanent), or fill or
storage of materials or equipment. These uses may be
permitted in the Floodway District only after the issuance
of a Conditional Use Permit as provided in Subdivision 8
of this Ordinance. These uses are also subject to the
provisions of Subdivision 5, paragraph 3 which applies to
all floodway Conditional Uses.
A. Structures accessory to open space.
B. Placement of fill.
C. Extraction of sand, gravel, and other materials.
D. Marinas, boat rentals, docks, piers, wharves, and water
control structures.
E. Railroads, streets, bridges, utility transmission lines,
and pipelines.
F. Storage yards for equipment, machinery, or materials.
G. Other uses similar in nature to uses described in Sub-
division 5, paragraph 1 and paragraph 2 which are consistent
with the provisions set out in Subdivision 1 and 5 of
this ordinance.
3. Standards for Floodway Conditional Uses
A. All Uses. No structure (temporary or permanent), fill
(including fill for roads and levees), deposit, obstruction
storage of materials, or equipment, or other uses may be
allowed as Conditional Uses which, acting alone or in
combination with existing or reasonably anticipated
future uses, adversely affects the capacity of the
floodway or increases flood heights. In addition, all
floodway Conditional Uses shall be subject to the standards
contained in Subdivision S, paragraph 5 and the following
standards:
B. Fill
1) Any fill deposited in the floodway shall be no more
than the minimal amount necessary to conduct a Conditional
Use listed in Subdivision 5, paragraph 2. Generally
fill shall be limited to that needed to grade or
landscape for that use and shall not in any way
further obstruct the flow of flood waters.
2) Spoil from dredging or sand and gravel operations shall
not be deposited in the floodway unless it can be done
in accordance with (1) of this paragraph.
3) Fill shall be protected from erosion by vegetative
cover.
C. Accessory Structures (temporary or permanent) permitted
as Conditional Uses by Subdivision 5, paragraph 2, A.
1) Accessory structures shall not be designed for human
habitation.
2) Accessory structures shall have a low flood damage
3) Accessory structures, if permitted, shall be constructed
and placed on the building site so as to offer the
minimum obstruction to the flow of flood waters.
a) Whenever possible, structures shall be constructed
with the longitudinal axis parallel to the
direction of the flood flow, and,
b) So far as practicable, structures shall be placed
approximately on the same flood flow lines as
those of adjoining structures.
4) Accessory structure shall be flood proofed in ac-
cordance with the State Building Code.
D. Storage of Materials and Equipment.
1) The storage or processing of materials that are in time
of flooding buoyant, flammable, explosive, or could
be injurious to human, animal, or plant life is pro-
hibited.
2) Storage of other materials or equipment may be allowed
if readily removable from the area within the time
available after flood warning.
E. Structural Work for Flood Control. Structural works for
flood control such as dams, levees, dikes, and floodwalls
shall be allowed only upon issuance of a Conditional Use
Permit. In addition, any proposed work in the beds of
public waters which will change the course, current, or
cross-section of the waters shall be subject to the
provisions of Minnesota Statutes 1976, c. 105, and other
applicable statutes.
Subdivision 6. Flood Fringe District (FF).
1. Permitted Uses. The following uses shall be permitted uses
within the Flood Fringe District to the extent that they are
not prohibited by any other ordinance:
A. Any use permitted in Subdivision 5, paragraph 1.
B. Accessory structures provided they comply with the provision
of Subdivision 5 paragraph 3c of this ordinance.
C. Residence and other structures constructed on fill so that
the basement floor or first floor, if there is no basement,
is at or above the regulatory flood protection elevation.
The finished fill elevation shall be no lower than one (1)
foot below the regulatory flood protection elevation and
shall extend at such elevation at least fifteen (15)
feet beyond the limits of any structure or building
erected theruan. Fill shall be compacted and the
slopes shall be protected by rip rap or vegetative
covering.
No use s'iall be permitted which will adversely affect
the capacity of channels or floodways of any tributary
to the main stream, or of anv drainage ditch, or any
drainage facility or system.
2. Conditional Uses. Other uses are permitted only upon appli-
cation to the Zoning Administrator and the issuance of a
Conditional Use Permit as provided by this Ordinance and
subject to the following provisions:
A. Residences. Where existing streets, utilities, and
small lot sizes preclude the use of fill, other methods
of elevating the first floor (including basements)
above the regulatory flood protection elevation may be
authorized provided that the residence is floodproofed
in accordance with the State Building Code.
B. Other Structures. Commercial, manufacturing, and
industrial structures shall ordinarily be elevated on
fill so that their first floor (including basement)
is above the regulatory flood protection elevation but
may in special circumstances be floodproofed in ac-
cordances with the State Building Code. Structures
that are not elevated to above the regulatory flood
protection elevation shall befloodproofed to FP -1
or FP -2 classification as defined by the State Building
Code. Structures floodproofed to FP -3 or FP -4 classi-
fication shall not be permitted.
3. Standards for Flood Fringe Uses.
A. Residential Uses. Residences that do not have vehicular
access at or above an elevation not more than two feet
below the regulatory flood protection elevation shall
not be permitted unless granted a variance by the Board
of Adjustment. In granting a variance, the Board shall
specify limiations on the period of use or occupancy of
the residence.
B. Commercial Uses. Accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations
lower than the Regulatory Flood Protection Elevation.
However, a permit for such facilities to be used by the
general public shall not be granted, in the absence of a
flood warning system that provides adequate time for
evacuation if the area is inundated to a depth greater
than two feet or subject to flood velocities greater than
four feet per second upon the occurrence of the regional
flood.
C. Manufacturing and Industrial Uses. Measures shall be
taken to minimize interference with normal plant
operations especially for streams having protracted
flood durations. Certain accessory land uses such as
yards and parking lots may be at lower elevations subject
to requirements set out above. In considering permit ap-
plications, due consideration shall be given to needs of
an industry whose business requires that it be located in
flood plain areas.
Subdivision 7. General Flood Plain District (GFP
1. Permitted Uses. Permitted uses shall include those uses
permitted by Subdivision 5, paragraph 1 of this Ordinance.
2. Conditional Uses. All other uses are Conditional Uses and
are permitted only upon the issuance of a special permit as
provided in this ordinance. The General Flood Plain District
includes both floodway and flood fringe areas. Based on
procedures in Subdivision 8, paragraph 3, the City Council
shall determine whether the proposed use is in the floodway
or flood fringe. If it is determined that the use lies in
the floodway the provisions of Subdivision 5 of this Ordinance
shall apply. If it is determined the proposed use lies in
the flood fringe the provisions of Subdivision 6 of this
Ordinance shall apply.
Subdivision 8. Administration
1. Use Permit.
A. Use Permit Required. A Use Permit issued by the Zoning
Administrator in conformity with the provisions of this
Ordinance shall be secured prior to the erection, addition,
or alteration of any building, structure, or portion
thereof; prior to the use or change of use of a building,
structure, or land; prior to the change or extension of
a Non -conforming Use; and prior to the placement of fill
or excavation of materials within the flood plain.
B. Application for Use Permit. Application for a Use Permit
shall be made in duplicate to the Zoning Administrator
on forms furnished by him and shall include the following
where applicable plans in duplicate drawn to scale,
showing the nature, location, dimensions and elevations of
the lot; existing or proposed structures, fill, or
storage of materials; and the location of the foregoing
in relation to the channel.
C. Construction and Use to be as Provided in Application,
Plans and Permits.
Use Permits and Conditional Uses issued on the basis of
approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved
plans and applications, and no other use, arrangement,
or construction. Any use, arrangement, or construction
at variance with that authorized shall be deemed in
violation of this Section. The applicant shall be
required to submit certification by a registered profes-
sional engineer, registered architect or registered land
surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions o.`
this ordinance. Floolproofing measures shall be certific,l
by a registered professional engineer or registered
architect.
D. State and Federal Permits. Prior to granting a Use Permit
or processing an application for a Conditional Use Permit
or Variance in the flood plain districts, the Zoning
Administrator shall determine that the applicant has
obtained all necessary State and Federal Permits.
E. Record of First Floor Elevation. The Zoning Administra-
tor shall maintain a record of the elevation of the first
floor (including basement) of all new structures or
additions to existing structures in the flood plain
districts. The Zoning Administrator shall also maintain
a record of the elevations to which structures or ad-
ditions to structures are floodproofed.
F. Subdivisions:
No land shall be subdivided which is held unsuitable by
the City Council for reason of flooding, inadequate
drainage, or inadequate water supply or sewage treat-
ment facilities. All lots within the flood plain
districts shall contain a building site at or above
the regulatory flood protection elevation. All sub-
divisions shall have water and sewage disposal facilities
that comply with the provisions of this Ordinance and have
road access no lower than two feet below the regulatory
flood protection elevation. In the General Flood Plain
District applicants shall provide information required in
Subdivision 8, Paragraph 3, and the subdivision shall be
evaluated in accordance with the procedures therein.
G. Public Utilities. All public utilities and facilities
such as gas, electrical, sewer, and water supply systems
to be located in the flood plain shall be floodproofed
in accordance with the State Building Code or elevated
to above the Regulatory Flood Protection Elevation.
H. Railroads, Roads and Bridges. Railroad tracks, roads,
and bridges to be located within the floodway shall
comply with this Ordinance. In all flood plain districts,
elevation to the regulatory flood protection elevation
shall be provided where failure or interruption of these
transportation facilities would result in danger to the
public health or safety or where such facilities are
essential to the orderly functioning of the area.
Minor auxiliary roads and railroads may be constructed
at a lower elevation where failure or interruption of
service would not endanger the public health or safety.
I. Water Supply and Waste Disposal Systems. Within all
flood plain districts, all new or replacement water
supply systems must be designed to minimize or
eliminate infiltration of flood waters into the system.
Within all flood plain districts, (1) require new and
replacement sanitary sewage systems to be designed to
minimize or eliminate infiltration of flood waters into
the systems and discharges into the systems into flood
waters and (2) on-site waste disposal systems to be
located to avoid impairment to them or contamination
from them during flooding.
J. Mobile Homes. Mobile homes as defined by this Ordinance
shall be prohibited as a permitted, accessory or
conditional use in any of the flood plain overlay
districts as defined by this Ordinance.
2. Board of Adjustment.
A. Variances. No variance from the terms of this Section
shall have the effect of a?lowing in any district uses
prohibited in that district, permit a lower degree of
flood protection than the flood protection elevation for
the particular area, or permit standards lower than those
required by State law.
B. Hearings and Decisions. The Zoning Administrator shall
submit to the Commissioner of Natural Resources a copy
of the application for the proposed Variances or
Conditional Uses of this Section sufficiently in advance
to that the Commis_'oner of Natural Resources will
receive at least ten days notice of the hearing. A copy
of all decisions granting Variances or Conditional Use
Permits of this Section shall be forwarded to the
Commissioner of Natural Resources within ten days cl such
action.
3. Procedures for Evaluating Proposed Conditional Uses Within
the General Flood Plain District.
A. Upon receipt of an application for a Conditional Use
Permit for a use within the General Flood Plain District,
the applicant shall be required to furnish such of the
following information as is deemed necessary by the
City Council for the determination of the regulatory
flood protection elevation and whether the proposed use
is the floodway or the flood fringe.
1) A typical valley cross-section showing the channel
of the stream, elevation of land areas adjoining
each side of the channel, cross-sectional areas
to be occuppied by the proposed development, and
high water information.
2) Plan (surface view) showing elevations or contours
of the ground; pertinent structure, fill, or storage
elevations, size, location; and spatial arrangement
of all proposed and existing structures on the site;
location and elevations of streets; photographs
showing existing land uses and vegetation upstream
and downstream; and soil type.
3) Profile showing the slope of the bottom of the channel
or flow line of the stream for at least 500 feet in
either direction from the proposed development.
B. One copy of the above information shall be transmitted
to a designated engineer or other expert person or agency
for technical assistance in determining whether the proposed
use is in the floodway or flood fringe and to determine
the regulatory flood protection elevation. Procedures
consistent with Minnesota Regulations NR 86-87 shall be
followed in this expert evaluation. The designated
engineer or expert shall:
1) Estimate the peak discharge of the regional flood.
2) Calculate the water surface profile of the regional
flood based upon a hydraulic analysis of the stream
channel and overbank areas.
3) Compute the floodway necessary tc cor.v,y the regional
flood without increasing flood st. -es more than 0.5
feet. An equal degree of encroachment on both sides
of the stream within the reach shall be resumed.
C. bayed on the technical e%:=.luation of the designated
engineer of expert, the Cit) Council shall determine
whether the Proposed uic is in the floodway or flood
fringe and the trgulator) i food hrute�t ion ele�at tori at
the site.
4. Procedures to he followed by the City Council in Passim
on Conditional Else Permit Application -s Within all blood Plain
Districts.
A. Require the applicant to furnish such of the following
information and additional information as deemed
necessary by the Cite Council for determining the
suitability of the particular site for the proposed
use:
1) Plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevation of
the lot, exisiting or proposed structures, fill,
storage of materials, floodproofing measures, and
the relationship of the above to the location of
the channel.
2) Specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel
improvement, storage of materials, water supply and
sanitary facilities.
B. Transmit one copy of the information described in sub-
section A (1) and (2) to a designated engineer or other
expert person or agency for technical assistance,
where necessary in evaluating the proposed project in
relation to flood heights and velocities, the seriousness
of flood damage to the use, the adequacy of the plans
for protection, and other technical matters.
C. Based upon the technical evaluation of the designated
engineer or expert, the City Council shall determine the
specific flood hazard at the site and evaluate the
suitability of the proposed use in relation to the flood
hazard.
S. Factors Upon Which the Decision of the City Council Shall he
Based. In passing upon Conditional Use applications, the
City Council shall consider all relevant factors specified
in other sections of this Ordinance, and
A. The danger to life and property due to increased flood
heights or velocities caused by encroachments.
B. The danger that matcrial� may be swept onto other lands or
downstream to the injury of others.
C. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination
and unsanitary conditions.
D. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner.
E. The importance of the services provided by the proposed
facility to the community.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations not subject
to flooding for the proposed use.
H. The compatibility of the priposed use with existing
development and development anticipated in the foreseeable
future.
I. The relationship of the proposed use to the COMPREHENSIVE
PLAN and flood plain management program for the area.
J. The safety of access to the property in times of flood
for ordinary and emergency vehicles.
K. The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters expected at
the site.
L. Such other factors which are relevant to the purposes of
this Ordinance.
6. Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purposes
of this Section, the City Council may attach such conditions
to the granting of Conditional Use Permits as it deems necessary
to further the purposes of this Section. Among such conditions
without limitation because of specific enumeration may be
included:
A. Modification of waste disposal and water supply facilities.
B. Limitations on period of use and operation.
C. Imposition of operational controls, surities, and deed
restrictions.
D. Requirements for construction of channel modifications,
dikes, levees and other protective measures.
E. Flood proofing measures, Flood proofing measures shall be
designed consistent with the flood protection elevation
for the particular area, flood velocities, durations,
rate of rise, hydrostatic and hydrodynamic forces, and
other factors associated with the regulatory flood.
The City Council shall require that the applicant submit
a plan or document certified by a registered professional
engineer or architect that the flood proofing measures
are consistent with the regulatory flood protection
elevation and associated flood factors for the particular
area. The following flood proofing measures may be
required without limitation because of specific enumeration:
1) Anchorage to resist flotation and lateral movement
2) Installation of watertight doors, bulkheads, and
shutters, or similar methods of construction.
3) Reinforcement of walls to resist water pressures.
4) Use of paints, membranes, or mortars to reduce
seepage of water through walls.
5) Addition of mass or weight to structures to resist
flotation.
6) Installation of pumps to lower water levels in structures.
7) Construction of water supply and waste treatment
systems so as to prevent the entrance of flood waters.
8) Installation of pumping facilities or comparable
practices for subsurface drainage systems for
buildings to relieve external foundation wall and
basement floor pressures.
9) Construction to resist rupture or collapse caused by
water pressure or flotating debris.
10) Installation of valves or controls on sanitary and
storm drains which will permit the drains to be
closed to prevent back-up of sewage and storm
waters into the buildings or structures. Gravity
draining of basements may be eliminated by mechanical
devices.
11) Location of any structural storage facilities for
chemicals, explosives, buoyant materials, flammable
liquids or other toxic materials which could be
hazardous to public health, safety, and welfare
above the flood protection elevation or provisions
of adequate flood proofing to prevent flotation
of storage containers, or damage to storage containers
which could result in the excape of toxic materials
into flood waters.
Subdivision 9. Nonconforming Uses.
1. If any Nonconforming Use is destroyed by any means, including
floods, to an extent of 50 percent or more of its assessed
value, it shall not be reconstructed except in conformity
with the provisions of this Section. However, the City
Council may permit reconstruction if the use is located
outside the floodway and, upon reconstruction, is adequately
floodproofed, elevated, or otherwise protected.
2. Any alteration or addition to any Nonconforming Use which
would result in substantially increasing its flood damage
potential shall be protected by measures pursuant to
Subdivision 8 6A -E of this Section.
3. The Zoning Administrator shall prepare a list of those
Nonconforming Uses which have been floodproofed or
otherwise adequately protected in conformity with
Subdivision 8 6A -E. He shall present such list to the
City Council which may issue a certificate to the owner
stating that such uses as a result of these corrective
measures are in conformity with the provisions of :this Section.
Subdivision 10. Amendments.
The flood plain designation on zoning maps shall not be removed
from flood plain areas unless it can be shown that the designation
is .. error or that the areas are filled to an elevation at or
above the flood protection elevation and are contiguous to other
lands lying outside the flood plain district. Special exceptions
to this rule may be permitted by the Commissioner of Natural
Resources if he determines that, through other measures, lands
are protected adequately for the intended uses.
All amendments to this Section including amendments to the Flood
Overlay Districts of the Official Zoning Map must be submitted
to and approved by the Commissioner of Natrual Resources prior
to adoption. Changes to the Flood Overlay Districts of the
Official Zoning Map also require prior approval by the Federal
Insurance Administrator.
SECTION 7 RESIDENCE DISTRICTS
Subdivision 1. Purpose.
The Residence Districts are established to accomplish the general
purposes of this Ordinance and for the following specific purposes:
1. To preserve the existing living qualities of residential
neighborhoods.
2. To insure future high quality amenity including, but not
limited to, the provision of adequate light, air, privacy,
freedom from noise, and convenience of access to property.
3. To insure that new developments and residences are pro-
vided with the required public services and facilities
without placing any undue financial burden upon existing
City residents and taxpayers.
4. To increase convenience and comfort by providing usable
open space and recreation space on the same lot as the
housing units or within close proximity in a neighborhood
park.
5. To prevent additions or alterations of structures which
would damage the character or desirability of existing
residential areas.
6. To protect residential areas to the extent possible and
appropriate in each areas against unduly heavy traffic
volumes.
7. To encourage a variety of dwelling types and wide range
of population densities consistent with the Comprehensive
Plan.
B. To preserve and enhance the natural environment as land
becomes urbanized.
Subdivision 2. Intent.
The specific intent of each Residence District is as follows.
1. R -O Restricted Residential Subdivision District: This
District is intended or areas where urban public utili
ties are not presently available. A density of not more
than one lot per 5 acres will retain these lands in their.
natural state and in; agricultural uses pending the proper
timing for the economical provision of utilities, streets,
parks, storm drainage, and other public facilities and
services so that orderly development will occur. Rezoning
and subdividing of R-0 lands to urban type uses indicated
in the Comprehensive Plan will be considered when the re-
quired public facilities and services are scheduled to be
extended or provided.
2. R-lA Low Density -Single Family Residence District: This
District is intended to preserve, create, ana en ance areas
for low density single family dwelling development as an
extension of existing residential areas and to allow low
density development at about two dwelling units per acre
within the areas indicated as low density residential in
the Comprehensive Plan. A full range of public services
and facilities must be made available to these developments.
3. R -1B Low, Density Residence District: This District is
0
indicated in the Comprehensive Plan and served with public
services and facilities.
4. R-2 Low Density Multiple Family Residence District: This
tsU' trict is intended to create low density areas at about
3 to 5 dwelling units per acre with a broad range of hous-
ing types in those areas within the Low Medium Density
Residential areas in the Comprehensive Plan and where
properly related to other land uses and thoroughfares and
where ptiblic services and facilities are available.
5. R-3 Medium Density Multiple Family Residence District: This
District is intended to allow the development townhouses,
rowhouses, and other types of low density multi -family units
at about 5 to 10 dwelling units per acre within the High
Medium Density areas in the Comprehensive Plan and served
by public services and facilities.
6. R-4 High Density Multiple Family Residential District: This
District is intended to create, preserve, and en ance areas
for multi -family use at higher densities at about 10 to 18
dwelling units per acre for both permanent and more transient
families. It is appropriate only in areas served by public
utilities, with good accessibility to thoroughfares, public
community centers, libraries and shopping centers, and
where such development is within the High Density Residential
Areas in the Comprehensive Plan.
Subdivision 3. Allowable Uses.
Within the Residence Districts, no building or land shall be used
except for one or more of the following uses. Letter designations
shall be interpreted as meaning:
1. P - Permitted Uses
2. C - Uses by Conditional Use Permit
3. A - Accessory Uses
DISTRICTS
R-0 R -IA R -1B R-2 R-3 R-4
1. P P P C C C -Single family detacheddwelling
2. C C C C -Two family dwellings
3.
4.
5.
6.
7.
8.
9.
C C
C C
C
C
C
C C
C C
P C
C
C
C
C
C
10. C C C C C C
11. P P P P P P
12. C C C C C C
-Townhouses, (not to exceed six (6)
units per building)
-Multiple dwellings, apartments (not to
exceed six (6) units per building)
-Multiple dwellings, apartments (not to
exceed twelve (12) units per building)
-Multiple dwellings, apartments
-Planned Unit Development (P.U.D.) as
regulated in Section 9
-Mobile Home Parks
-Agriculture, the keeping of one or more
horses, nurseries, greenhouses for grow-
ing only, landscape gardening and tree
farms, including sale of products grown
on premises
-Parks and recreational areas owned or
operated by public bodies, other than
the City of Plymouth
-Golf courses (except club houses, minia-
ture courses and driving tees operated
for commercial purposes)
-Private recreation including golf club
house, country club, swimming or tennis
club
-26-
r�
13.
C
C
C
C
C
C
-Public schools or equivalent private
schools
14.
C
C
C
C
C
C
-Churches or other religious or philan-
thropic institutions, cemeteries
15.
C
C
C
C
C
C
-Day care center and nursery school when
operated in churches or public or private
schools
16.
C
C
C
-Day care center and nursery school only
for persons residing within the development.
17.
C
C
C
C
C
C
-Municipal, administrative or service
buildings or uses including public and
semi-public institutions, libraries,
museums, post offices, etc, except in- r
dustrial type uses {
18.
P
P
P
P
P
P
-Essential services
19.
C
C
C
C
C
C
-Essential service buildings
20.
C
C
C
C
C
C
-Home occupations as defined by this
Ordinance
21.
C
C
C
C
C
C
Al
-Railroad rights of way 31
22.
C
C
C
C
C
C
-Cemetery
23.
C
C
C
C
C
-Temporary real estate office (until
devebpment is completed)
24.
C
-Boarding and lodging houses
25.
C
-Convalescent and nursing homes
26.
C
-Hospitals
27.
CPrivate
clubs and lodges - g (except those ,
carried on as a business type use)
28.
C
-Riding academies
29.
C
-rog kennels as a secondary use, pet
cemeteries
30.
C
C
C
C
C
C
-Mining or land reclamation
31.
A
C
-Barns, stables, silos, other agricultural
buildings
32.
A
A
A
A
A
A
-Private swimming pool
33.
A
A
A
A
A
A
-Keeping of not more than two (2) boarders
or roomers by a resident family
34.
A
A
A
A
A
A
-Living quarters of persons employed on
the premises
35.
A
A
A
A
A
A
-Private recreation facilities - swimming
pools, tennis courts, etc.
36.
A
A
A
A
A
A
-Secondary uses customarily incident to
the permitted or conditional uses allowed'
in the district
37.
A
A
A
A
A
-Private garage, boathouse, dock, or pier
38.
A
A
A
A
A
A
-Signs as herein regulated
39.
A
A
A
A
A
A
-Fences as herein regulated
40.
A
A
A
A
A
A
-Parking as herein regulated.
Subdivision 4. Schedule of Lot Area, Depth, Width, Coverage, Setbacks, and
Height
Regulations in Residence Districts
R-0
R -IA
R -IB
R-2*
R-3*
R-4*
1.
Minimum Lot Area per Dwelling
in
uare`�t`—
a.
Dwellings in a Subdivision
Unit Project
11,000
11,000
6,000
4,500
2,500
b.
Dwellings, one family
5 Ac.
18,500
15,000
15,000
7,200
6,000
c.
Dwellings, two family
9,250
9,250
6,000
5,000
d.
Dwellings, over two family
6,000
4,000
e.
Other Uses
5 Ac.
3 Ac.
3 Ac.
3 Ac.
3 Ac.
3 Ac.
f.
Minimum total lot area for
more than 2 units per
structure
1 Ac.
1 Ac.
1 Ac.
g.
Dwellings in a Residential
Planned Unit Development
-------------------------------------------
2.
Minimum
Lot Depth in Feet
a.
Dwellings, one family
300
120
120
120
100
100
b.
Dwellings, two family
130
130
120
120
c.
Dwellings, over two family
130
130
130
d.
Other I' -;es
300
200
200
200
200
200
3.
Minimum Lot Width in Feet
s.
Dwellings, one family
300
110
90
90
50
50
b.
Dwellings, two family
100
100
80
80
c.
Dwellings, over two family
130
130
130
d.
Other Uses
300
200
200
200
200
200
4.
Maximum Lot Coverage of all
tructures
20%
20%
20%
20%
20%
5.
Minimum
Front Yard in Feet** (Applies
to Each
Street
Frontage)
a.
Dwellings, abutting
Thoroughfare Street
50
50
50
50
50
50
b.
Other Uses
100
SO
SO
50
50
50
c.
Dwellings, one or two family
s0
35
35
35
35
35
d.
Dwellings, over two family
50
50
50
50
6.
Minimum
Side Yard in Feet**
a.
Dwellings, one or two family
15
1s
10
20*** 20*** 20***
b.
Dwellings, over two family
15
20
25
c.
Other Uses
30
30
30
30
30
30
d.
Other Uses abutting
residences
s0
50
50
s0
50
50
e.
Detached accessory uses
is
15
10
20*** 20*** 2(P**
7.
Minimum Rear Yard in Feet**
a.
Dwellings, one or two family
2S
25
20
15
15
15
b.
Dwellings, over two family
15
20
25
c.
Other Uses
40
40
35
30
30
30
d.
Other Uses abutting
residences
50
50
50
50
50
SO
e.
Detached accessory uses
25
25
20
15
15
15
f.
Abutting a thoroughfare
50
s0
50
50
s0
SO
8.
Maximum Building Height in
Feet****
a, principle Structure
35
feet or 3
stories,
whichever is
greater
for
all district
b.
Accessory Structure
35
15
15
25
25
25
9.
Minimum Distance Between Prin-
ciple
Buildings on Same Lot
30
35
35
(or standards
of the
State
Building
Code, whichever
greater)
*See Subdivision 5 of this Section
**See Section 10 for additional regulations and exceptions
***Sum of both side yards, one of which may be zero (0) feet with at
least fifteen (15) feet between principle structures
****See Section 10, Subdivision 4 for further heibht regulations and
modifications
Subdivision S. Lot Area Credits and Allowance for Dwellings in R -Z
R-3 an R-4 Residence Districts.
The minimum lot area per dwelling unit after deducting or adding
credits and allowance shall not be reduced to less than five -thousand -
five -hundred (5,500) square feet in the R-2 district, four -thousand
(4,000) square feet in the R-3 District, nor less than two -thousand
(2,000) square feet in the R-4 District based on the following schedule:
The maximum amount of allowance permitted shall not exceed two -thousand
(2,000) square feet when the full credits for number 1-6 are earned;
not exceed one -thousand -five -hundred (1,500) squre feet when the full
credits of numbers 1-5 below are earned, and; shall not exceed one -
thousand square feet when number 6 below is earned only, as follows:
1. For each parking space provided within the building or under-
ground, per unit in excess of Zoning Ordinance requirements,
subtract four -hundred (400) square feet per dwelling unit.
2. If the site upon which the multiple dwelling is being con-
structed -is adjacent to a site zoned for a business or
industrial use, subtract three -hundred (300) square feet
per dwelling unit.
If the multiple residence site adjoins a thoroughfare having
an average traffic volume per day in excess of 10,000 vehicles,
subtract four-hu;:dred (400) square feet per dwelling unit.
4. If the multiple residence is more than three stories in
height, subtract one -hundred (100) square feet per dwelling
unit for each story over three stories, up to and including
a maximum of one -thousand (1,000) square feet per dwelling
unit.
S. In such case where it is necessary to raze an existing
principle structure and where the existing structure is in
a dilapidated condition, to rehabilitate, there shall be
provided an allowance of two dwelling units above any other
allowances permitted within this Section.
Where a residential development contains dwellings affordable
to families and individuals of low and moderate income, as
defined by most cu rent federal guidelines, the City Council
may grant a per unit allowance, not to exceed one -thousand
(1,000) square feet per dwelling unit, on a proportionate
basis for up to 25% of the total. project units.
7. If the adjacent site is zoned R-lA Residence District, add
three -hundred (300) square feet per dwelling unit for that
portion of the multiple dwelling site within one -hundred -
fifty (150) feet of the R-lA Residence District.
8. For each unit containing bedrooms in excess of two (2), add
three -hundred (300) square feet per dwelling unit.
-29-
Subdivision 6. Standards for Residence Districts.
1. Site Plan
For all residential developments, except those containing
only single family detached dwellings, a site plan must be
reviewed by the Planning Commission and approved by the
City Council as set forth in Section 10, Subdivision 3.
2. Projecting Air Conditioning and Heating Units -- Multiple
Dwellings and Rooming Houses.
Air conditioning or heating units projecting through ex-
terior walls or windows shall be located and designed so
that they neither unnecessarily generate or transmit sound
nor disrupt the architectural amenities of the building.
Units projecting more than four inches beyond the exterior
finish of a building wall shall be permitted only with
the written consent of the Building Official, which shall
be given only if structural systems prevent compliance.
Trash Disposal (Excluding Garbage)
Except for residences with private entrances, one trash
chute for each sixty (60) apartment units shall be required
which is connected directly to a compactor or approved in-
cinerator located in a proper room in the basement or ground
floor level. Provisions must be made to deliver residual
trash to grade level for pickup. In the case of attached
dwellings with private entrances, an enclosure complete
with roof and walls with or without a compactor or approved
incinerator must be provided at ground level.
4. Elevators
Except for residences with private entrances, multiple
residence buildings of three stories or more shall be
equipped with at least one public elevator and lobby for
every sixty (60) apartment units with no dwelling unit
door more than 150 feet from an elevator, but in no case
shall less than one elevator be provided.
Accessory Buildings -- Multiple Dwellings
Accessory buildings shall observe the same setback require-
ments established for the residence building except that
accessory buildings located within the rear yard of the
multiple residence building may be located to within five
feet of the rear or interior side property line. The City
Council may require common walls for accessory buildings
where common walls will eliminate unsightly and hazardous
areas. Exteriors of accessory buildings to multiple dwel-
lings shall have the same exterior finish as the main
structure.
6. Recreation and Open Space
Residential developments shall contain an adequate amount
of land for recreation or local open space use, exclusive
of public street and drainage areas which shall not be less
than twenty (20) percent of the gross area of the property
and shall consist principally of land within the building
setback lines.
Subdivision 7. General Regulations.
Additional regulations in the RESIDENCE DISTRICTS are set forth in
Section 10.
-30-
SECTION 8 NON -RESIDENCE DISTRICTS
Subdivision 1. Purpose and Intent - Business Districts.
1. The Business Districts are established to accomplish
the general purpose of this Ordinance and the Compre-
hensive Plan and for the following specific reasons:
- To group compatible uses which will tend to draw
trade that is naturally interchangeable and so
promotes the business prosperity and public con-
venience.
- To provide an adequate supply of businesses and
professional services to meet the needs of the
residents.
- To promote a high quality of total commercial design
and development that produces a positive visual image
and minimizes the effects of traffic congestion, noise,
odor, glare and similar safety problems.
- To allow business development that meets the size, lo-
cational and development criteria established in the
"Community Structure Concept" of the Comprehensive City
Plan.
2. The specific intent of each Business District is as
follows:
- The B-1 OFFICE -LIMITED BUSINESS DISTRICT is intended to
provide a district which is related to and may reasonably
adjoin high density or other residential districts for the
location and development of administrative office build-
ings and related office uses which are subject to more
restrictive controls. The office uses allowed in this
district are those in which there is limited contact with
t`ie public and no exterior display or selling of mer-
chandise to the general public. Such districts will
generally be loc:ited within the areas indicated for
such use on the Comprehensive Plan.
- The B-2 SHOPPING CENTER BUSINESS DISTRICT is intended
to provide a district which may be applied to land in a
single ownership or unified and organized arrangement of
buildings and service facilities at key locations which
are suitable for such use, which are conveniently located
to the residential area they are intended to serve,
generally within the areas indicated for such use in the
Comprehensive Plan. The type and location of shopping
centers shall be governed by criteria in the "Community
Structure Concept" in the Comprehensive Plan.
- The B-3 SERVICE BUSINESS DISTRICT is designed to furnish
areas served by other retail business districts with wide
range of services and goods which might otherwise be
incompatible with the uses permitted in the retail busi-
ness district. This district is intended as a business
district which may be located in separate areas adjacent
to shopping centers and thus help to keep the basic retail
areas compact and convenient, and in other separate areas
to provide a district which may be located in close proxi-
mity to a major thoroughfare or highway in order that
service types of land use can be provided, generally
within the areas indicated for such use on the Comprehen-
sive Plan,
Subdivision 2. Allowable Uses: Business Districts.
Within the Business Districts, no building or land shall be
used except for one or more of the following uses. Letter
designations shall be interpreted as meaning:
1. P - Permitted Uses
2. C - Uses by Conditional Use Permit
3. A - Accessory Uses
DISTRICTS
B-1 B-2 B-3
Office
Limited Retail Service
1. C
2.
3. C
4. P P
S. P P
6. P P
7. C
8. C
9.
10.
11. P
12. C
13.
14. P
15.
16. C
17. P
18. C
19. C
20.
21. P
22. C
23. C
2.4.
25. C
26.
27. C
28. C
29.
30. C
31. C
C
P
F1
P
C
P
C
P
C
P
P
P
P
P
C
C
C
P
C
C
C
32. C P
C -Auto: minor repair, service, parts, wash,
rental. Marine and machinery: sales,
minor repair and service, parts, wash,
and rental.
C -Auto sales and major repair.
-Boarding and lodging houses, convalescent
and nursing homes with public sewer and
water.
P -Bus/transit station or terminal without
vehicle storage.
P -Business, commercial or trade schools.
P -Clinics, medical office.
C -Commercial recreation such as bowling
alleys, billiard halls, miniature golf, etc.
C -Day care center or nursery school.
P -Dry cleaning and laundry establishments
with no more than four (4) employees for
cleaning or pressing.
P -Dry cleaning and laundry collection sta-
tions, and self-service.
P -Essential services.
C -Essential service buildings.
C -Equipment rental.
C -Financial institutions.
P -Greenhouses and nurseries with retail sales.
-Hospitals.
P -Laboratories - medical, dental.
P -Mortuaries, funeral homes, monument sales.
C -Motel, hotel or apartment hotel.
P -Off-sale liquor stores.
P -Offices, administrative, executive,
professional, governmental, medical,
research, without merchandising services,
P -Offices: (as above) with merchandising
services.
P -Personal service and repair establishments
such as barber and beauty shops, shoe
repair, etc.
P -Pet and animal shop, clinics, taxidermists.
C -Planned Unit Development (PUD) as regu-
lated in Section 9.
P -Plumbing and heating - showrooms and shops.
P -Printing, publishing and related distri-
bution agencies.
C -Private clubs and lodges.
C -Public Garages (Parking).
-Religious or philanthropic institutions.
C -Residential Uses necessary for security
and secondary to the allowable use.
P -Restaurants (Class I).
B-1 B-2 B-3
Office
Limited Retail Service
33.
industrial use not conducted
C
C
-Restaurants (Class II) as secondary to
storage of materials, products
ducts that is wholly con`ained
and vehicles.
within a building and which
the allowable use.
34.
C
C
C
-Repair and service uses when secondary
of this district and providing
sota Pollution Control Agency,
goods and services which are
to the allowable use.
35.
employed in the district.
I'
C
-Retail shops and stores (excluding autos,
boats, machinery, etc.) such as apparel,
appliance, beverage, book, carpet, drugs,
furniture, grocer, hardware, jewelry,
paint, tobacco, sporting goods.
36.
C
P
P
-Schools and studios: artist, music,
photo, decorating, dancing, health, etc.
37.
P
C
-Theatres (indoor).
38.
C
C
C
-Any business activity not conducted in an
enclosed yard or building.
39.
A
A
A
-Secondary uses customarily incident to
the permitted or conditional uses allowed
in the district.
40.
A
A
A
-Signs as herein regulated.
41.
A
A
A
-Off-street parking and loading as herein
regulated.
Subdivision 3. Allowable Uses: Industrial Districts.
Within an I-1 PLANNED INDUSTRIAL DISTRICT, no building or land
shall be used except for one or more of the following uses, provid-
ing they comply with the performance standards s.• forth in Sub-
division 7 of this Section.
Permitted Uses
Conditional Uses
Any manufacturing, production, 1. Any permitted or accessory
processing, cleaning, storage,
industrial use not conducted
servicing, repair or testing
within a huilding including
of materials, goods or pro-
storage of materials, products
ducts that is wholly con`ained
and vehicles.
within a building and which
meets and maintains all en-
2. Retail and service es'ablish-
vironmental standards estab-
ments essential to the operation
lished by the State of Minne-
of this district and providing
sota Pollution Control Agency,
goods and services which are
primarily for the use of persons
employed in the district.
3. Offices for administrative,
executive, professional, research,
sales representatives, or similar
organization, and generally com-
patible with the industrial
district.
1WSZ
Subdivision 3. Allowable Uses: Industrial District.
Accessory Uses
1. All secondary uses custo-
marily incident to the
permitted or conditional
uses listed.
Continued
Conditional Uses (Continued)
4. Residential structures and related
residential uses necessary for
security and safety reasons in
relation to a principle use.
2. Off-street parking and
loading as herein regu-
lated.
3. Signs as herein regulated.
Subdivision 4. Schedule of Non -Residence District Requirements for
Lot Area, Depth, Wi th, Coverage, Setbacks, Height.
B-1 B-2 B-3 I-1
1. Minimum Lot Area in Acres 1 1 1 2
2. Minimum District Area in Acres S 5 5 20
(may be waived if expansion of
present district)
3. Minimum Lot Depth in Feet 150 200 150 150
4. Minimum Lot Width in Feet 150 700 150 150
S. Maximum Lot Coverage by all 25% 25% 35% 35%
Buildings
6. Minimum Front Yard Setback in 50 50 50 50
Feet*
7. Minimum Front Yard Setback if 75 75 75 75
across Collector or Minor
Street from any Residence
District*
8. Minimum Side Yard Setback in
Feet 15 3S 15 25
9. Minimum Side Yard Setback if
Adjacent to any Residence
District 75 75 75 75
10. Minimum Rear Yard Setback in
Feet 25 35 25 35
11. Minimum Rear Yard Setback if 75 75 75 75
Adjacent to any Residence
District
12. Maximum Building Height in 4 2 2 4
Feet** stories stories stories stories
Or 45 Or 45 Or 45 Or 45
13. Additional Regulations and
Exceptions (See Section 10)
* All street frontages shall provide full front yard set -back
** See Section 10, Subdivision 4 for further tieight regulations
and modifications.
Subdivision S. Administrative Procedure for Development of
Non -Residence Districts.
1. A complete General Development Plan as herein required shall be
filed with petitions for rezoning to establish or expand a NON-
RESIDENCE DISTRICT.
2. All public rights-of-way within NON -RESIDENCE DISTRICTS shall be
constructed to a nine -ton thoroughfare design.
3. Upon finding that the proposed zoning District will constitute a
district of sustained desirability, will be consistent with long
range Comprehensive Plans for the City and meet the requirements
of the District, the City Council may establish such District.
The General Development Plan together with such covenants, deed
restrictions, controls, or special conditions, or Conditional Use
Permits as may be attached to it, shall be filed and recorded by
the owner or developer in the office of the Hennepin County
Register of Deeds and shall become a part of the Ordinance estab-
lishing the zoning change. Any substantial change to the General
Development Plan will require resubmission to the Planning
Commission for review and the City Council for approval.
The final platting of such land shall be subject to such
requirements for approval, recording, and the installation
of improvements as required by other City Ordinances.
5. Prior to obtaining a building permit or constructing any
building improvements on an individual lot or site within any
NON -RESIDENCE DISTRICT, a site plan as herein required shall be
submitted to and reviewed by the Planning Commission and approved
by the City Council.
6. If a zoning change is approved, the first phase of construction
must begin and reasonable progress made within two (2) years
after approval of the General Development Plan and zoning change
by Ordinance or the District may be zoned back to its original
Zoning District Classification or other appropriate Zoning
District Classification.
Subdivision 6. Performance Standards,
Intent
It is the intent of this Subdivision to provide that all non-
residential uses and related activities shall be established
and maintained with proper appearance from streets and adjoining
properties and to provide that each such use shall be a good
neighbor to adjoining properties by the control of the following:
2. Standards
a. Landscaping. All yard areas shall either be open landscaped
and green areas or be left in a natural state. If any yards
are to be landscaped, they shall be landscaped attractively
with lawn, trees, shrubs, etc. Any areas left in a natural
state shall be kept free of litter, debris, and noxious
weeds. Yards adjoining any of the Classes of Residence
Districts shall contain a buffer approved as a part of the
site plan and installed prior to issuance of a Certificate
of Occupancy for any tract in the district.
b. Glare. Glare, whether direct or reflected, such as from
floodlights or high temperature processes, and as differen-
tiated from general illumination, shall not be visible at
any property line.
c. Exterior Lighting. Any lights used for exterior illumina-
tion, shall not be visible at any property line.
d. Vibration. Vibration shall not be discernible at any pro-
perty line to the human sense of feeling for three minutes
or more dur-tion in any one hour. Vibration of any kind
shall not produce at any time an acceleration of more than
0.1 gravities or shall result in any combination of ampli-
tudes and frequencies beyond the "safe" range of Table VII
United States Bureau of Mines Bulletin No. 422, "Seimic
Effects of Quarry Blasting", on any structure. The methods
and equations of said Bulletin No. 422 shall be used to
compute all values for the enforcement of this Provision.
Said bulletin is incorporated herein by reference.
e. Noise, Odors, Smoke, Dust, Fumes, Water and Waste. The
design, construction and performance of all non-residential
uses shall be in conformance with City, County, and State
of Minnesota standards and regulations. The storage of
trash shall be within principal buildings or otherwise shall
be within an accessory enclosure complete with roof and
walls of the same exterior finish as the main structure and
screened from all Residence Districts with an adequate buffer.
Compliance
In order to insure compliance with the performance standards
set forth above, the City Council may require the owner or
operator of any use to have made such investigations and/or
tests as may be required to show adherence to the performance
standards. Such investigation and/or tests as are required to
be made shall be carried out by an independent testing organi-
zation as may be selected by the City. The costs incurred in
such investigation or testing shall be ordered by the owner or
operator and shared equally by the owner or operator and the
City unless the investigation and tests disclose noncompliance
with the performance standards; in which situation the investi-
gation or testing shall be paid by the owner or operator.
Subdivision 7. General Regulations.
Additional regulations in the NON -RESIDENCE DISTRICTS are set
forth in Section 10.
SECTION 9 CONDITIONAL USES
The City Council may by resolution grant Conditional Use Permits
when such Permits are authorized by other sections of this Ordi-
nance and may impose conditions and safeguards in such Permits to
protect the health, safety, and welfare of the community and assure
harmony with the Comprehensive Plan of the City.
Subdivision 1. Procedure.
1. Applications for Conditional Use Permits shall be made by the
owner or owners of the property and shall be filed with the
Zoning Administrator. All applications shall be accompanied
by an administrative fee as prescribed herein and shall include
the following information:
- A description of the proposed use.
- A legal description of the property including plat and parcel
number.
- A complete site plan.
- A map showing the property in question and all property within
500 feet of the boundaries of the property in question.
- The names and addresses of the owners of record of all pro-
perty within 500 feet of the boundaries of the property in
question.
- Any other information required by the Zoning Administrator,
Planning Commission, or Council.
Z. Referral to the Planning Commission: Before any Conditional
Use Permit may be granted, the application therefore shall
be referred to the Planning Commission for study concerning
the effect of the proposed use on the Comprehensive Plan and
on the character and development of the neighborhood, and
for its recommendation to the City Council for the granting
of such Conditional Use Permit and the conditions thereof, if
any, or for the denial of such Conditional Use Permit.
The Planning Commission may hold such public hearings as it
may consider necessary on the proposal to issue a Conditional
Use Permit in the manner provided in Subdivision 4, Section 11.
Following the hearing, the Planning Commission shall make a
report upon the proposal to the City Council and shall recommend
to the City Council whatever action it deems advisable.
Issuance: Upon receipt of the report of the Planning Commission,
the City Council may hold whatever public hearings it deems
advisable in the manner provided in Subdivision 4, Section 11.
In considering applications for Conditional Use PP -sats under
this Ordinance, the Council shall consider the advice and recom-
mendations of the Planning Commission and the effect of the
proposed use upon the health, safety, and welfare of occupants
or surrounding lands, including but not limited to the factors
of noise, glare, odors, existing and anticipated traffic con-
ditions, including parking facilities on adjacent streets,
the effect on values of property in the surrounding area, and
the effect of the proposed use on the Comprehensive Plan. The
City Council shall also consider whether the applicant has
complied and is likely to comply in the future with any additional
standards pertinent to the proposed use as set out in other
sections of this and any other ordinances of the City. If
it shall determine by resolution that the proposed use will not
be detrimental to the health, safety, or general welfare of
the community and that the same is in harmony wish the general
purpose and intent of this ordinance and the Comprehensive Plan,
the City Council may grant such permits and may impose condi-
tions and safeguards therein. The Zoning Administrator shall
have the power to enter at reasonable time upon any private
or public property for the purpose of inspecting and investigating.
The Council may by resolution deny a Conditional Use Permit and
include the findings and reasons for denial in the resolution.
If the Planning Commission recommends denial of a Conditional
Use Permit, the findings and reasons shall be set forth in their
written report to the Council.
Subdivision 2. Planned Unit Development (PUD)
Purpose.
a. The provisions of this section of the Zoning Ordinance are
intended to provide areas which can be developed with some
modification of the strict application of regulations of
the normal zoning di,tricts in accordance with the pro-
visions and regulat`.ons contained herein, the intent and
purpose of the Comprehensive Municipal Plan, the general
intent of the districts in which the development i3 pro-
posed, and generally in accordance with the "Community
Structure Concept" of the Comprehensive Plan.
The provisions of this section of the Zoning Ordinance
provide design flexibility for the development of larger
parcels under single ownership or control, in order to
obtain a higher quality of development than might otherwise
be possible should development occur under strict applica-
tion of the zoning ordinance regulations for a particular
district.
c. The benefit to the developer is one of design and develop-
ment flexibility; in order to utilize this flexibility,
the developer has the responsibility to demonstrate that
its utilization does indeed provide a development which has
substantial attributes to enhance the particular Brea or
the City in total. Expected attributes are:
1) Benefits from new technology in building design, con-
struction and land development.
2) Higher standards of site and building design through
use of trained and experienced professionals in Land
Planning, Architecture and Landscaping to prepare plans
for Planned Unit Developments.
3) More efficient and effective use of streets, utilities
and public facilities to yield high quality development
at a lesser cost.
?!1
4) More useable and suitably located recreation facilities
and other public and common facilities than would other-
wise be provided under conventional land development
procedures.
d. The provisions for Planned Unit Developments in this section
are applied in two separate and distinct forms: A residen-
tial Planned Unit Development (R.P.U.D.) and a Mixed Use
Planned Unit Development (M.P.U.D.). Where provisions are
not specifically designated for either the R.P.U.D. or
M.P.U.D., they apply to both types. All property within a
R.P.U.D. shall be in one or more R Districts. Within a
M.P.U.D. land shall include one or more `ion -Residence Dis-
tricts and may or may not include one or more R Districts.
2. Permitted Uses.
a. Within a R.P.U.D. no land or buildings shall be used except
for one or more of the following uses:
l) Those uses listed as permitted or conditional uses in
the District(s) in which the development as proposed.
2) A variety of housing types allowable an any one Resi-
dence Zoning District may be provided in any of the
R Zoning Districts within a R.P.U.D., iubject to 3.,
a., (2), of this Subdivision.
3) Consideration will be given to the integration of small
retail convenience centers, medical and professional
offices within a R.P.U.D., provided such uses are
designed and intended primarily for use of the resi-
dents in the development and not in conflict with the
intent of the Comprehensive Municial Plan as to mai1-
taining the integrity of the neighcorhood concept.
b. Within a M.P.U.D. no land or building shall be used except
for on@ or more of the following uses=
l) Thoso us@s list@d as p@rmitt@d or conditional ~6 in
the Zoning PistriEt(s) in which the dev=elopment t9
proposed.
2) Principal uses as allowed in Subparagraph b., (1).
above and as secondary uses any allowable uses in any
of the Zoning Districts of t�ihis Ordinance.
3. Area, Setback, Height and Lot Coverage Regulations.
a. Lot Area Regulations;
l) The minimum total lane! araa :,mall he not le=s than
forty (40) ncres, Lots of less than forty (40) acres
may qualify only if the applicant can $hr, that the
minimum area requirement should be wair-zd becanav a
P.U.A. is in the public interest and that ane or both
of the following conditions exist;
Unusual Features of the property itself or of the
surrounding neighborhood are such that development
under the standard provisions of the normal District
would not be appropriate in order to conserve a
feature of importance to the neighborhood or community.
-The property adjoins uroperty that has been developed
under the provisions of this section and a?l contri-
bute to the amenities of the neighborhood-
2) A R.P.U.D. may provide for a variety of housing types
in any one of the basic residential zoning districts.
The total number of dwelling units allowed in a develop-
ment shall be determined when a concept plan is approved
by the specific density within the minimum to maximum
density range for the living area (LA) category shown on the
Adopted Comprehensive Municipal Plan determined after recom-
mendations are made by the Planning Commission and approval
given by the City Council.
The specific gross density allowable in any R.P.U.D. shall
fall within this range only to the degree that the R.P.U.D.
Plan responds to the intents and purposes of this P.U.D.
Section of the Zoning Ordinance. To enable an objective
assignment of gross density, a density bonus system is
hereby established providing for gross density to be
allocated in increments between the minimum density and the
maximum density as per the LA category density ranges. The
allowable gross densities with bonuses applied are as follows:
Number of Credited Bonus Points
Bonus points may be assigned by the City Council upon the
recommendation of the Planning Commission with Concept Plan
approval on the following basis:
(LI 1) The project is of a viable scale for PUD design -
Add one (1) bonus point for each ten (10) acres of
project size above forty (40) acres up to four (4)
or subtract one (1) bonus point for each five (5)
acres of project size under forty (40) acres (no
fractional assignment).
Minimum project size may not under any circumstances
• be legs than 15 acres.
(b) The project proposes a significant percentage of
quality housing affordable by persons of low and
moderate income as defined by the Metropolitan Housing
Authority -- 0-2 points.
(0 The project provides a variety of housing types --
0-2 points.
(d) The project clearly demonstrates affirmative design
efforts toward the preservation and enhancement of
desirable natural site characteristics -- 0-2 points.
b. Front. Rear and Side Yard Building Setback Regulations:
Building setbacks from all property lines which form the
perimeter of the total property in the P.U.D. shall be
planned to provide an acceptable transition between
different land uses.
c. Building Height Regulations:
Height limitations for any building in a P.U.D. shall be
as shown on the approved P.U.D. Plan.
-2
-1
0
1
1 Z i 3
1 4 1 S 1 6 7 8
1 9
1 10
Land Usej
TypeIgW
1
Permitted Gross Density Per Acre
-1
1.5
1.6
1.7 1.8
1.9
2.0
2.1'
2.2
2.3
2.4
2.5i 2.6 2.7' 2.8! 2.9 3.0
LA -2
2.0
2.2
2.4 2.6
2.8
3.0
3.2
3.4
3.6
3.8
4.0i 4.2 4.4 4.6 4.8 5.0
LA -3
2.8
3.0
3.54.0
4.5
5.0
5.5
6.0
6.5
7.0
7.5E 8.0 9
8.5 .0 9.5 10.0
LA -4
5.0
6.0
7.0 8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0 16.01'17.0 18.0 19.0 20.0
Bonus points may be assigned by the City Council upon the
recommendation of the Planning Commission with Concept Plan
approval on the following basis:
(LI 1) The project is of a viable scale for PUD design -
Add one (1) bonus point for each ten (10) acres of
project size above forty (40) acres up to four (4)
or subtract one (1) bonus point for each five (5)
acres of project size under forty (40) acres (no
fractional assignment).
Minimum project size may not under any circumstances
• be legs than 15 acres.
(b) The project proposes a significant percentage of
quality housing affordable by persons of low and
moderate income as defined by the Metropolitan Housing
Authority -- 0-2 points.
(0 The project provides a variety of housing types --
0-2 points.
(d) The project clearly demonstrates affirmative design
efforts toward the preservation and enhancement of
desirable natural site characteristics -- 0-2 points.
b. Front. Rear and Side Yard Building Setback Regulations:
Building setbacks from all property lines which form the
perimeter of the total property in the P.U.D. shall be
planned to provide an acceptable transition between
different land uses.
c. Building Height Regulations:
Height limitations for any building in a P.U.D. shall be
as shown on the approved P.U.D. Plan.
4. Building and Site Design, Construction and Maintenance Regulations.
a. More than one building may be placed on one platted or
recorded lot in any P.U.D.
b. Architectural style or type of buildings shall not solely
be a basis for denial or approval of a plan. However, the
overall appearance and compatability of individual build-
ings to other site elements or to surrounding development
will be given primary considerations in the review stages
of the Planning Commission and City Council.
c. No building permit shall be granted for any building on
land for which a plan for a P.U.D. is in the process of
review or which does not conform to the approved final
plan or for one phase of the final plan.
d. Staging of Development:
1) Any P.U.D. Plan proposed to be constructed in stages
shall include full details relative thereto and the
Planning Commission and City Council may approve or
modify where necessary any such proposals.
2) The staging shall include the sequence and the pro-
posed time for beginning and completion of each stage.
Stich se<luenc�- and/or schedule may be modified by the
Planning Commission and City Council on the showing
of good cause by the developer.
3) 'The land owner or developer shall make such easements,
covenants and other arrangements and shall furnish
such performance bond or bonds as may be determined
by the City Council to be reasonably required to assure
performance and completion of private streets and uti-
lities, landscaping and privately owned and maintained
recreational facilities in accordance with the plan
and to protect the public interest.
e. Open Space:
A primary function of P.U.D. provisions is to provide
developments which will preserve and enhance the worth-
while, natural terrain characteristics and not force
intense development to utilize all portions of a given
site. In evaluating each individual proposal, the recog-
nition of this objective will be a basic consideration in
granting approval or denial.
The public or private open space shall be consistent with
the Comprehensive Municipal Plan, Park and Trail System and
with the statedpurpose of preserving natural site features.
All open space shall be labeled on the P.U.D. Plan as to
intended use and ownership.
f. Operating and Maintenance Requirements for Common Facilities:
In the event certain land areas or structures are provided
within the P.U.D. for private recreational use or as
service facilities, the owner of such land and buildings
shall enter into an agreement with the City to assure the
continued operation and maintenance to a pre -determined
reasonable standard. These common areas may be placed
under the ownership of one of the following, depending
which is more appropriate;
1) Dedicated to p.,blic where a neighborhood wide use
would be antici•iated.
2) Owner control when property not subdivided.
3) Property owner's Association, provided all of the
following conditions are met:
-The Property Owner's Association must be established
prior to any sale.
-Membership must be mandatory for each owner, and any
successive buyer.
-The open space restrictions must be permanent, not
for a given period of years.
-The Association must be responsible for liability
insurance, local taxes, and the maintenance of resi-
dential and other facilities.
-Landowners must pay their pro rata share of the cost
and the assessment levied by the Association that
can become a lien on the property in accordance with
Minnesota Statutes.
-The Association must be able to adjust the assessment
to meet changed needs.
g. Covenants, Easements and Restrictions:
The final plan shall identify and contain such proposed
covenants, easements and other provisions relating to the
bulk, location and density of such residenital dwellings,
non-residential uses and public facilities as are necessary
for the welfare of the Planned Unit Development and are
consistent with the best interests of the entire City.
t.' or any of the covenants, easements and other provisions,
if as part of the final plan may be modified as deemed
necessary by the City Council when the final plat is
approved, for the preservation of the public health,
safety, morals and general welfare of all City residents.
h. Streets, Utilities, Services and Public Facilities:
The uniqueness of each proposal for a P.U.D. requires that
specifications and standards for streets, utilities and
services may be subject to minor modifications from the
specifications and standards established in this and other
City ordinances governing their construction. The City
Council may therefore waive or modify the specifications
or standards where it is found that they are not required
in the interests of the residents or of the entire City.
The plans and profiles of all streets, utilities and
services shall be reviewed, modified if necessary, and
approved by the City Engineer and Builling Official prior
to the final approval of the P.U.D. plan by the City
Council. All P.U.D. Projects shall be served by public
water and sewer systems. All utilities including electri-
cal shall be placed underground. The following table
shall be used as a guide and shall be the minimum street
standards for all streets, public or private, within a P.U.D.:
Traffic (ADT)1
Pavement Width
in feet
No Parking
Parking One Side
Presumed or Actual
Right of Way Width
Sidewalks3
P.U.D. Street Design Standards
Street Description
Residential Non-residential
Minor Sub -collector Collector
Less than 400 400-1,000 Over 1,000
20'
26'
40'-44'
26'
32'
44'-50'
44'
44'
60'-66'
None One or Both Sds. One or Both Sds.
44'
44'
60'-70'
Street Slope4 0.5%-10% 0.5%-10% 0.5%-8% 0.5%-8%
Anticipated Speed 20 25 30 30
Axle Load Designs 7 ton 7 ton 9 ton 9 ton
1ADT (Average Daily Traffic) is used as a measure of the number of
vehicles using a road during an average 24-hour period.
2Values shown are minimum. Conditions may require variations in
pavement widths.
3Lack of specific requirements may make sidewalks on one or both
sides of subcollectors and collectors unnece0sary.
4Values shown are a range. Topographic conditions may require vari-
ations.
sAs defined in the Minnesota Highway Department Road Design Manual.
5. Application, Review and Administration Procedures.
The general sequence for application, review and action on a
P.U.D. shall be according to the following requirements:
a. Application for a P.U.D. shall be made by the owner of the
property except than an option holder may apply for a P.U.D.
provided his application is accompanied by a signed statement
indicating no objections from the owner or owners of all
properties involved in the application.
b. The applicant shall submit a Statement of Concept and a
Concept Sketch Plan to the Planning Commission Staff for
approval in principle prior to submission of a formal
application for a P.U.D. Conditional Use Permit. The
purpose of the Concept stage is to inform the City of the
applicant's intentions and to inform the applicant as to
the general acceptability of the proposal before extensive
costs are expended by the applicant. The Concept application
shall contain as a minimum the following exhibits:
1) Location Maps showing the location within the City and
more detailed locations on half -section plat maps showing
all perimeter property lines.
2) Names and addresses on mailing labels of all the owners
for parcels under consideration and of all owners within
five hundred (500) feet.
3) A Written Statement of Consent of all owners of property
within the P.U.D. District.
4) A General Statement of Concept explaining the land uses
proposed in relationship to the Comprehensive Plan;
public lands, parks and open space and their intended
ownership; availability and timing of public utilities,
tentative staging and sequence schedule; financial capa-
bilities of proposed developer(s); other exhibits rela-
ting to land characteristics that will affect the Con-
cept of Development.
C. The Planning Commission Staff shall submit a written review
along with the applicant's plans to the Planning Commission
prior to their meeting to consider the proposal. The
review shall contain:
1) Relationship of proposal to the surrounding neighborhood.
2) Compliance with City ordinances and the Comprehensive Plan.
3) Recommended action.
d. The Planning Commission shall hold an informational public
meeting (not the required public hearing) of all interested
parties. Property owners within five hundred (500) feet of
the proposal shall be notified in writing although failure
of any such owner to receive notice shall not invalidate
the proceedings. The property shall be posted with a notice
of the date and place of the meeting. The applicant shall
be present to discuss the proposal and answer questions con-
cerning the proposal.
e. The Planning Commission shall make its recommendation on
the Concept Plan to the City Council within thirty (30)
days of the informational meeting.
f. The City Council will take action on the Concept Plan.
Approval of the Concept Plan shall be limited to the general
acceptability of the land uses proposed and their inter-
relationship. Such action shall in no way bind the Council
to subsequent action on more detailed plans.
g. If the Concept Plan is approved by the City Council, the
applicant may then proceed to submit a Preliminary Plan
as described below.
h. Application for a P.U.D. Conditional Use Permit shall be
filed with the Planning Commission Staff together with
the required number of copies of the following plans and
information:
1) All information required in the Subdivision Ordinance
for a Preliminary Plat.
2) All information required in the Zoning Ordinance for
rezoning if the property is proposed to be rezoned.
3) Location maps as required in the Concept Stage.
4) Preliminary site plan for the total parcel.
5) General location of proposed structures.
6) Amenities to be provided, such as recreational areas,
open space, walkways, etc.
7) General location of parking areas.
8) Preliminary architectural concept plans (may be per-
spective character sketches or a model),
9) Tabulation of total area, area and percentage in each
category, densities of residential areas, parking
provisions, etc,
10) A Natural Resource Analysis containing the existing
vegetation areas consisting of forest and woodlots as
well as wetlands and wetland vegetation; the geology,
slope, soil and ground water characteristics of the
site; existing lakes, streams, ponds, drainage swales,
run-off settling areas, and floodplains must be identi-
fied; analysis of the relationship of the proposed use
of the existing natural conditions listed above.
11) Circulation - including vehicular and pedestrian move-
ment throughout the site, relationship to the City
Thoroughfare Plan and the adjoining land, a descriptive
statement of objectives and standards for the various
circulation elements and the proposed jurisdiction of
each component.
12) Densities and distribution for the various residential
categories, projected occupant characteristics, and
projected market sales price of the housing =units. These
tabulations will, be used to evaluate the adequacy of
living space, open space, educational facilities,
utility systems, traffic generations and other services
both public and private.
13) Mass grading - indicating which areas must be adapted
to allow the development proposed and how it will
visually and physically affect adjoining lands, and
what soil erosion and sediment controls are to be
employed.
14) Staging plan indicating geographic staging and approx-
imate sequence of the plan or portions thereof.
i. The Planning Commission will hold a public hearing or
hearings on the P.U.D. Preliminary Plan Conditional Use
Permit, Preliminary Plat and Zoning Amendment in the manner
prescribed in Section 11.
j. The Planning Commission, after holding the public hearing,
shall make its recommendations to the City Council for
approval; approval with conditions; or denial of the
Conditional Use Permit for a P.U.D., preliminary plat
and rezoning if considered.
The Planning Commission shall forward to the City Council
its recommendations based on and including, but not limited
to the following:
1) Compatibility with the stated purposes and intent of
the Planned Unit Development.
2) Relationship of the proposed plan to the neighborhood
in which it is proposed to be located, to the City's
Comprehensive Plan and to other provisions of the
Zoning Ordinance.
3) Internal organization and adequacy of various uses
or densities; circulation and parking facilities;
recreation areas and open spaces.
k. The City Coun-il takes action on the P.U.D., Conditional
Use Permit, preliminary plat and rezoning. If approved by
the City Council, the P.U.D. Plan is attached to and is
a part of the Conditional Use Permit. The Zoning Adminis-
trator shall then make a notation on the Official Zoning
Map designating the area as a R.P.U.D. or M.P.U.D. whether
or not a zoning change was made. A number shall be assigned
each R.P.U.D. and each M.P.U.D. in sequence through each
year (i.e. R.P.U.D. 74-1 ... ).
1. The Final Plat and Site Plan shall be in substantial
compliance with the approved Preliminary Site Plan and
Plat. Substantial compliance shall mean:
1) The number of residential living units has not been
increased.
2) The floor area of non-residential uses has not been
increased.
3) Open space has not been decreased or altered to change
its original intended design or use.
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4) All special conditions prescribed on the Preliminary
Site Plan and Plat by the City Council have been
incorporated into the Final Site Plan and Plat.
m. The application for P.U.D. Final Site Plan and Plat approval
shall be accompanied by the following plans and data:
1) A plan with locations of all structures including place-
ment, size, and type with existing and proposed topo-
graphy showing two foot contour intervals, except
where multiple buildings are to be placed on the same
lot or parcel of MPUD's involving industrial buildings
shall not be required to show exact placement of such
structures.
2) Preliminary architectural delineations including but
not limited to buildiiig plans, elevations and sections
together with preliminary specifications. These plans
and specifications are applicable to all structures
other than single-family detached dwellings.
3) Elevations or sections through the site which will best
indicate the relationship of the buildings with the
various terrain features and site elements.
4) Grading and drainage plan at two foot contour intervals.
5) Utility plans for all public utilities.
6) Landscape plan prepared by a professional landscape
architect.
7) Signing and lighting plans.
8) Deed restrictions, covenants, :agreements, bylaws or
proposed Homeowner's Association and other documents
controlling the use of property, type of construction
or development or the activities of future residents.
9) The procedures for approving and recording of final
plats shall be followed.
10) Any other information which is necessary to fully
represent the intentions of the P.U.D.
n. When the Final site Plan and Plat and approved by the City
Council, the Final Site Plan and all supporting documents
will be filed in the P.U.D. Conditional Use Permit file
and together they will form the conditions of the permit.
If the Final Plat is not recorded with Hennepin County and
the Development Contract is not fully executed with all re-
quired bonds posted within ei hht�teen__ months of the date
said Final Plat and Development�ontract were approved by
the City Council, then the Conditional Use Permit for the
P.U.D. shall become null and void.
o. Building permits shall not be issued for any of the structures
or land alterations shall not be made until the following
conditions are met:
1) Public open space has been deeded to the City and
officially recorded.
2) A development contract has been approved and executed
by all required parties.
3) The Homeowner's Association by-laws, covenants and deed
restrictions have been approved by the City Attorney
and officially recorded.
4) The construction plans for proposed structures have
been approved by the Building Official.
5) The Final Plat has been approved by the City and
recorded with appropriate governmental agencies as
required by law. Such recorded plats shall contain
a statement indicating that such plat is a part of
R.P.U.D. No. _-r M.P.U.D. No. City of
Plymouth.
6) All detailed Site Plans have been approved by the
City Council.
General Regulations.
Rules and Regulations:
The Planning Commission and City Council may from time to
time amend or vary the application and review procedures
and the quantity and type of documents to be presented.
Plan Changes:
The Zoning Administrator may authorize minor changes in
the location, placement and height of structures after
the Final Site Plan has been adopted, however, any change
in use, provisions of open space and any other major change
shall be made only after public hearing by the Planning
Commission and adoption by the City Council. Any such
changes shall be recorded as amendments to the Final Plan.
C. Certification of Plans:
All architectural and engineering plans shall be designed
and certified by a professional architect or engineer
registered in the State of Minnesota. The site plans may
be prepared by a professional site planner, but must be
certified by a registered engineer or architect.
d. Review:
If the development is not progressing reasonably well,
according to schedule, the owner may be required to
submit a statement to the Zoning Administrator setting
forth the reasons for the lack of progress. If the
Council finds that the development has not occurred accord-
ing to the established development schedule or is not
otherwise reasonable in the view of the Council, the
Council may revoke the Conditional Use Permit and all
development shall cease until a revised schedule is
approved.
e. Ownership:
Application for a P.U.D. may be made only by the owner
of the land involved in the application, or by his duly
authorized representative, except that a long-term option
or contract holder may apply, provided his application is
accompanied by fully executed agreements or document,- from
the owner stating that he has no objections and is j.'ning
in the same as his interest may appear. The applicant
must furnish with the Preliminary Plat one (1) copy of
an up-to-date certified abstract title, registered property
report, or other evidence as the City Attorney may require
showing title or control by the applicant or other consent-
ing owners.
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f. Withdrawal:
Any application for a P.U.0. may be withdrawn by the
applicant at any time prior to filing the required Final
Plat thereof as required in the Subdivision Regulations
or at any time during the approval process.
g. Miscellaneous:
Signs, parking facilities and any other provisions not
specifically discussed in this P.U.D. Section shall be
regulated by regulations contained elsewhere in this
Ordinance r other applicable ordinances, laws, or
regulations.
Subdivision 3. Mobile Home Park Development.
Purpose.
As an alternative to conventional or non-mobile forms of
housing, the Mobile Home Park Development procedures and
regulations are set forth in order to encourage innovations
in Mobile Home Park Development; to reflect changes in the
technology of land development; to encourage a more creative
approach in the utilization of land in order to accimplish
a more efficient, aesthetic, and desirable development which
may be characterized by special features of the geography,
topography, size or shape of a particular property, and to
provide a compatible environment in harmony with that of the
surrounding area.
2. Application, Review, Administrative Procedures and General
Regulations.
Applications for a Conditional Use Permit to establish a
mobile home park shall follow the regulations set forth in
Subdivision 2, Planned Unit Development, Paragraphs 5 and 6
of this Section. A Mobile Home Park Development, when inclu-
ded as a part of a Planned Unit Development or proposed as
the only building unit type within a residential development
shall consist of at least one hundred (100) mobile home lots
or pads and must meet all requirement contained in "Minimum
Design standards for Mobile Home Parks", June 1973, Code No.
4940.5.
The density of the development shall be consistent with that
contained in the Comprehensive Plan and the Zoning District
for which the property is zoned.
3. Responsibilities of Park Management.
a. The person to whom the State Health Department issues a
license for a Mobile Home Park shall operate the park in
compliance with this Ordinance and regulations issued
hereunder and shall provide adequate supervision to main-
tain the park, its facilities and equipment in good repair
and in a clean and sanitary condition.
b. The park management shall notify park occupants of all
applicable provisions of this Ordinance and inform them
of their duties and responsibilities under this Code and
regulations issued hereunder.
c. The park management shall supervise the placement of each
mobile home on its mobile home stand which includes securing
its stability, installing all utility connections, and com-
pletely enclosing it with skirting.
d. Park management shall not allow a mobile home to be occupied
unless it is properly placed on a mobile home stand (pad)
and connected to public water, sewerage, gas and electrical
utilities and has been issued a Certificate of Occupancy
by the Building Official.
SECTION 10 GENERAL REGULATIONS
Subdivision 1. Sign Regulations.
All signs hereafter erected or maintained, except official traffic
and street signs, shall conform with the provisions of the Minnesota
Outdoor Advertising Control Act, Minnesota Statutes 1969, Section
173.01, as amended, as pertaining to all Federal and Stat: highways;
this Subdivision; and any other ordinance or regulations 3f the City,
whichever har precedence.
Signs in R-0, R-lA, R-113, R-2, R-3, and R-4 RESIDENCE DISTRICT,
of the following types, shall be permitted unless otherwise
specified herein.
a. Directional signs not to exceed four (4) square feet in
surface area for the following uses: church, school,
hospital, sanitarium, club, library or similar use provided
that each shall be limited to one such sign per major
thoroughfare approach.
Each directional sign may be located next to street right-
of-way line so as not to obstruct traffic, not to exceed
eight (3) fret in height and shall not be less than two
hundred feet from any other sign.
Directional signs, ii: any parking area necessary for the
orderly movement of traffic provides that such sign shall
not be used as advertising space and shall not be illumi-
nated, unless illumination is essential to the orderly flow
of traffic. Inese sign_ shall be limited to four (4) square
feet.
A name plate sign provided the surface area does not exceed
four (4) square feet. This sign may be placed in any front
yard, but in no case may it be placed in any aide yard.
Whenever practical, name plate signs shall be submitted
,for approval concurrently with the general development
plan or along with site plan approval. Such application
shall be reviewed by the City Planning Commission and
approved by the City Council.
One name plate sign, not to exceed thirty-two (32) square
feet in area for the following uses: grouping of five (5)
or more dwelling units in one development, church, school,
hospital, sanitarium, club, library or similar uses. Mini-
mum setback shall be twenty (20) feet from the front pro-
perty line and shall not be permitted within any required
side yard.
Temporary signs advertising a new development shall be
allowed as follows for three (3) years from the date of
original permit or until eighty-five (85) percent of the
construction is completed, whichever occurs last, but not
to exceed three (3) years from the date of the original
permit.
1) Real estate signs advertising the sale or lease of
property or buildings and one construction sign iden-
tifying a building or construction site (architects,
engineers, contractors or suppliers), not to exceed
ninety-six (96) square feet surface area in total, no
more than sixteen (16) feet in height or less than two
(2) feet above ground and located on the property being
developed.
2) Temporary directional signs off the site being developed
not to exceed sixteen (16) square feet in surface area,
not to exceed six (6) feet in height, not to exceed a
maximum of eight (8) feet in any direction, and not less
than two hundred (200) feet from any other sign unless
grouped with other temporary directional signs in which
cases the total surface area shall not exceed thirty-two
(32) square feet.
3) Temporary directional signs located off the site being
developed for real estate developments may be located
within the R-0 Restricted Residential Subdivision Dis-
trict not to exceed sixty-four (64) square feet in
surface area, not to exceed sixteen (16) feet in height,
and not less than two hundred (200) feet from any other
sign.
2. Signs in B-1 OFFICE - LIMITED BUSINESS DISTRICTS, of the fol-
lowing types, shall be permitted unless otherwise specified
herein:
a, Signs as permitted and regulated in RESIDENCE DISTRICTS.
Business signs for conditional uses shall be limited to
one (1) pylon sign, sixty-four (64) square feet in surface
area or one sign fifty (50) square feet in surface area
attached to the buildings, or five (5) percent of the wall
area on which the sign .is attached, whichever is greater,
and no more than sixteen (16) feet in height.
One name plate sign, not to exceed thirtyptwo (32) square
feet in area for private educational institutions, com-
munity centers, rest homes, nursing homes and medical and
dental offices.
A name plate sign for business and professional office
buildings not exceeding in surface area five (5) percent
of the wall area on which it is placed. For corner lots,
two such signs, one facing each street, shall be permitted,
or one free-standing sign.
3. Signs in B-2 SHOPPING CENTER DISTRICTS, of the following types,
shall be permitted unless otherwise specified herein:
Signs as permitted and regulated in RESIDENCE DISTRICTS.
b. Business signs located on the business property shall be
limited to flat wall signs which shall not extend more
than eighteen (18) inches from the face of the building,
except that a sign may be placed on the roof of a covered
walk or marquee in a building complex providing it does
not extend above the roof or parapet line of said building.
Such business signs shall not exceed ninety-six (96) square
feet in surface area or twenty (20) percent of a one—tory
building face, and for each story over the first story five
(5) percent of the building face area above the first story
may be devoted to a business sign, whichever is greater.
not exceed sixteen (16) feet in height, nor shall two (2)
or more smaller signs be so arranged and integrated as to
create a surface area in excess of these requirements.
Shopping Centers shall be permitted pylon or business signs
limited to one (1) such sign per major thoroughfare
approach to the center and located on the shopping center
property as follows:
1) Neighborhood shopping centers shall be permitted such
signs not to exceed ninety-six (96) square feet in
surface area or thirty-six (36) feet in height.
2) Community shopping centers shall be permitted such
signs not to exceed one hundred twenty (120) souare
feet in surface area or thirty-six (36) feet in height.
r
3) Regional shopping centers shall be permitted such signs
not to exceed two hundred (200) square feet in surface
area or thirty-six (36) feet in height.
d. Whenever practical, business signs shall be submitted for
approval concurrently with the general development plan or
along with site plan approval. Such application shall be
reviewed by the City Planning Commission and approved by
the City Council.
4. Signs in B-3 SERVICE BUSINESS DISTRICTS of the following types,
shall be permitted unless otherwise specified herein:
a. Signs as permitted and regulated in RESIDENCE DISTRICTS.
b. One (1) business sign located on the business property
provided the total surface area shall not exceed twenty
(20) percent of a one-story building face and for each
story over the first story five (5) percent of the build-
ing face area above the first story may be devoted to
a business sign, whichever is greater, nor shall two (2)
or more smaller signs be so arranged and integrated as
to create a surface area in excess of these limitations.
Such signs shall not exceed thirty-six (36) feet in height.
c. Whenever practical, business signs shall be submitted for
approval concurrently with the general development plan
or along with site ;lan approval. Such application shall
be reviewed by the City Planning Commission and approved
by the City Council.
S. Signs in I-1 PLANNED INDUSTRIAL DISTRICTS of the following types,
shall be permitted unless otherwise specified herein:
a. Signs as permitted and regulated in RESIDENCE DISTRICTS.
b. One (1) business sign located on the industrial property
provided the total surface area shall not exceed five (5)
percent of the building facing area, or ninety-six (96)
square feet in area, whichever is greater, nor shall two
or more smaller signs be so arranged and integrated as
to create a surface area in excess of these limitations.
Such signs shall not exceed thirty-six (36) feet in height.
c. Each industrial development of over twenty (20) acres shall
be permitted one (1) pylon sign not over one hundred and
sixty (160) square feet in surface area or thirty-six (36)
feet in height and located on the industrial property.
6. Advertising Signs:
a. Advertising signs shall be permitted only within the I-1
PLANNED INDUSTRIAL, under the following conditions:
1) The total surface area of any advertising sign shall
not exceed three hundred (300) square feet per face
or be less than one hundred (100) square feet in area
including boarder and trim, but excluding base and apron
supports and other structural members. Advertising
signs visible from Interstate Highway 494 may be in-
creased in size not to exceed seven hundred fifty (750)
square feet. The sign area may be increased by ten (10)
percent over the maximum surface area permitted by
cut-outs or extensions.
2) The maximum height of advertising signs shall not exceed
thirty-six (36) feet above grade.
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3) The minimum distance between advertising signs shall
be based upon the posted speed limit of the highway
and shall be two thousand (2,000) feet - seventy (70)
miles per hour; eighteen hundred (1,800) feet -
sixty-five (65) miles per hour; seventeen hundred
(1,700) feet: - sixty (60) miles per hour; fifteen
hundred (1,500) feet - fifty-five (55) miles per hour;
fourteen hundred (1,400) feet - fifty (50) miles per
hour; thirteen hundred (100) feet - forty-five (45)
miles per hour; eleven hundred (1,100) feet - forty
(40) miles per hour; and one thousand (1,000) feet -
thirty-five (35) miles per hour or less. Distance
restrictions between advertising devices apply only
to those devices physically located on the same side
of the highway regardless of the direction of travel
to which the display message is directed. Measure-
ments to determine the located of one advertising
device in relation to another will be made along the
edge of the roadbed between the closest extremities
of said devices, with the termini projected along
lines perpendicular to the edge of the roadbed.
4) No advertising sign or structure shall be located
closer than two hundred (200) feet from the boundary
of any R -IA, R -1B, R-2, R-3 or R-4 district, park,
playground, school or church on the same side of the
street or intersection of streets or two hundred (200)
feet from any structure located within an R-1 district
located on the same side of the street or intersection
of streets.
5) Advertising signs may be located in the required set-
back areas if the conditions in 1, 2, 3, and 4 above
are adhered to.
b. Advertising signs shall only be permitted within the B-2
SERVICE BUSINESS DISTRICT by a Conditional Use Permit as
provided for in Section 9 of this Ordinance providing the
following conditions are met:
1) A site plan be submitted as set forth in Subdivision 3
of this Section.
2) Perspective drawings or photographs of the proposed
sign in relationship to the adjacent properties.
3) Location map showing all existing signs on the property
and photographs of all existing signs.
4) The City Council shall make a finding that by granting
the Conditional Use Permit that such an advertising sign
will not have a deleterious effect upon existing estab-
lishments on the property or upon surrounding properties.
7. General Provisions:
The following regulations shall apply to all bigns hereinafter
permitted in all districts as otherwise set forth in this Subdi-
vision.
a. All signs may be illuminated internally or by reflected
light provided the source of light is not directly visible
and is so arranged to reflect away from the adjoining pre-
mises and provided that such illumination shall not be so
placed as to cause confusion or hazard to traffic or con-
flict with traffic control signs or lights. No illumination
involving movement by reason of the lighting arrangement
or other devices shall be permitted.
b. Signs painted on buildings are not permitted.
c. No sign shall project higher than thirty-six (36) feet above
grade if freestanding or above the height of a building if
attached to the building.
d. No sign except directional signs and name plate signs for
churches, schools, hospitals, sanitariums, clubs, libraries
or similar uses shall be located in a required setback area
unless otherwise specified herein.
�. No sign shall be placed that resembles any official marker
erected by a government agenr.y or display such words as
"stop" or "danger" except that in shopping centers or other
traffic control signs may be used where approved by the City
Engineer.
f. No sign shall be permitted to obstruct any window, door,
fire escape, stairway or opening.
g. No sign may be erected that, by reason of position, shape,
size or color, would interfere with proper functioning of
a traffic sign or reasonable visibility at an intersection.
h. Signs which by reason of deterioration may become unsafe or
unsightly shall be repaired or removed by the licensee,
owner or owner of the property upon which the sign stands
upon notice of the City Zoning Administrator.
i. Service stations may erect pylon signs with a maximum area
of sixty-four (64) square feet which may be placed in the
front yard within the front yard setback area, two price
signs not to exceed sixteen (16) square feet per sign
either attached or detached, but in no case may they be
placed in any side yard. On corner lots signs shall be
subject to the provision of Subdivision 4, paragraph 2-h
of this Section.
j. Temporary banners and stringers may be used for grand open-
ings only and they shall be limited to a period of not to
exceed thirty (30) days for such occasions.
k. Temporary signs may be used for grand openings and shall
be limited to a period of not to exceed thirty (30) days
for such occasions. There shall be no more than three (3)
sach signs on any parcel, and the total sign area shall
not exceed thirty-two (32) square feet.
1. Temporary real estate, for sale, rent or lease signs located
on the subject property of less than eight (8) square feet
in area shall conform to this ordinance with permit, fee
and setback requirements waived. The owner or manager of
said sign, or the owner of the land on which the sign is
located, shall remove the sign when its intended purpose
is fulfilled.
in. Political signs may be permitted for a period of not more
than sixty (60) days before and ten (10) days after an
election. Political signs shall conform to this ordinance
with permit, fee and setback requirements waived.
n. The owner, lessee or manager of any sign, and the owner of
the land on which the sign is located are responsible for
keeping the grass or weeds and other growth cut and debris
and rubbish cleaned up and removed from the lot on which
the sign is located.
o. Signs shall not be permitted within the public right-of-way
or easements except that the City Council may, after a
report from the Planning Commission, grant a Conditional Use
Permit for a period not to exceed ninety (90) days to allow
temporary signs and decorations to be strung across the
right-of-way.
p. All signs located on any property must direct primary
attention to a business, commodity, service, activity or
entertainment conducted, sold or offered upon the premises
where such sign is located unless otherwise specified
herein.
q. The construction of all signs permitted by this Ordinance
shall be made in accordance with the provisions of the
Uniform Sign Code published by the International Conference
of Building Officials, which has been adopted as part of
the building code of the City of Plymouth.
r. A setback distance in all
shall be twenty (20) feet
other signs to conform to
tally exempted.
8. Licenses and Permit Fees:
districts for name plate signs
minimum from property line. All
building setbacks unless specifi-
a. When this Ordinance becomes effective, the owner or other
person having control of any sign exceeding two (2) square
feet in surface area except where specifically exempted,
shall file an application with the Building Inspector for
a permit for the maintenance and annual inspection of such
sign. Application for such permits shall be accompanied by
detailed plans and such other necessary information to
determine the location and compliance with all applicable
regulations and ordinances. If no variances from the pro-
visions of this or any other ordinances are required, the
Building Inspector shall issue the permit upon the payment
of the required permit fee. In the event any such vari-
ances are necessary, such application shall be referred
to the Board of Zoning Adjustment.
b, The initial permit fee for all business, anme plate and
permanent directional signs shall be $15.00. There shall
be no annual inspection fee for such signs. Any business,
name plate or permanent directional sign which has received
a repair or removal order shall require a new permit and
application fee.
c. The permit and annual inspection for all signs except those
listed in (b) above shall be $15.00. All temporary and
directional signs shall be renewed or removed prior to the
permit expiration date.
d. There shall be a double fee charged for all delinquent
permits unless the sign has been removed, The Building
Inspector shall notify the property owners to remove such
signs not covered by a permit within thirty (30) days.
9. Signs as Nuisances:
The Building Inspector may make a finding that a sign is a public
nuisance. Such finding shall be in writing and shall enumerate
the reasons and circumstances which make such sign a nuisance.
Thereupon, the Board of Zoning Adjustment shall afford a hearing
to the owner of such sign, and if after such hearing such sign
is found by the Board to be a nuisance, the Board may either
order the immediate removal of the sign or direct the Building
Inspector not to renew the permit therefor.
Subdivision 2. Off -Street Parking and Loading Regulations.
Application:
Off-street parking and loading regulations shall apply to all
buildings and uses of land established after the effective
date of this Ordinance.
2. Required Plot Plan:
Any application for a building permit or for a Certificate of
Occupancy shall include a plot plan drawn to scale and dimen-
sione,i showing off-street parking and loading space to be
provided in compliance with this Ordinance.
3. Reduction and Use of Parking Loading Space:
Off-street parking facilities existing at the effective date
of this Ordinance shall not subsequently be reduced to an
amount less than that required under this Ordinance for a
similar new building or use. Off-street parking facilities
provided to comply with the provisions of this Ordinance shall
not subsequently be reduced below the requirements of this
Ordinance. Such required parking or loading space shall not be
used for storage of goods or for storage of vehicles that are
inoperable or for sale or rent.
4. Truck or Bus Parking in RESIDENCE DISTRICTS:
Off-street parking of trucks or buses with a gross weight of
over 4.5 tons, except for deliveries and unloading, in all
RESIDENCE DISTRICTS, except the R-1 District, shall be pro-
hibited.
Design of Parking and Loading Facilities:
a. Parking areas shall be so designed that vehicles may
enter, circulate, park and exit in a convenient and
orderly fashion. Minimal dimensional requirements for the
design of parking areas are shown in Table 1. For any
parking area of six (6) or more cars a suitable means of
turnaround must be provided at maximum design capacity
to avoid backing on to public streets. All loading spaces
shall be sufficient to meet the requirements of each use
and shall provide adequate space for storage and maneu-
vering of the vehicles it is designed to serve.
b. Access:
1) Parking and loading space shall have proper access
from a public right-of-way.
2) The number and width of access drives shall be so
located as to minimize traffic congestion and abnormal
traffic hazard, and no driveway in R-2, R-3 and R-4
RESIDENCE DISTRICTS and all Business and Industrial
Districts shall be closer than fifty (50) feet from
any right-of-way line of a street intersection. In
R-0, R -1A and R -1B RESIDENCE DISTRICTS the minimum
distance shall be twenty (20) feet.
3) In B-1, B-2 and B-3 BUSINESS DISTRICTS, direct access
shall be provided to a thoroughfare as shown as the
adopted City Thoroughfares Plan or to a related service
road.
C. Location of Parking Facilities:
Required off-street parking space shall be provided either
on the same lot or adjacent lots as the principal building
or use is located.
d. Buffer Fences and Planting Screens:
Off-street parking and loading areas near or adjoining
RESIDENCE DISTRICTS shall be screened by a buffer fence
of adequate design or a planting buffer screen; plans of
such screen or fence shall be submitted for approval as
a part of the required site or plot plan and such fence
or landscaping shall be installed as part of the initial
construction.
e. Lighting:
Lighting shall not be directed upon the public right-of-way
and nearby or adjacent properties. Such illumination must
be indirect or diffused.
Lai.dscaping :
All required yards shall be landscaped. Plans of such
landscaping shall be submitted for approval as a part of
the required site or plot plan and such landscaping shall
be installed as part of the initial construction.
g. Construction and Maintenance:
1) In R-2, R-3 and R-4 RESIDENCE DISTRICTS, in B-1, B-2
and B-3 BUSINESS DISTRICTS, and in I-1 INDUSTRIAL
DISTRICT, parking areas and access drives shall be
covered with a dust -free all-weather surface with
proper surface drainage as required by the City
Engineering Department.
2) The operator of the principal building or use shall
maintain parking and loading areas, access drives, and
yard areas in a neat and adequate :Wanner.
3) Storm water drainage from off-street parking facilities
shall be collected internally and directly to the City
Storm Drainage System where deemed feasible and
appropriate by the City Engineer.
h. Required Number of Off -Street Parking Spaces:
1) Off-street parking areas of sufficient size to provide
parking for patrons, customers, suppliers, visitors,
and employees shall be provided on the premises of each
use. The minimum number of required off-street parking
spaces for the following uses shall be as indicated on
Table 2.
2) Computirg Requirements:
In computing the number as such parking or loading
spaces required the following rules shall govern:
a) Floor space shall mean the gross floor area of
the specific use.
b) Where fractional spaces result, the parking spaces
required shall be construed to be the nearest whole
number.
c) The parking or loading space requirement for a use
not specifically mentioned herein shall be the same
as required for a use of similar nature as deter-
mined by the Planning Commission.
3) Combined Facilities:
Combined or joint parking facilities may be provided
for one (1) or more buildings or uses in R-2, R-3 or
R-4 RESIDENCE DISTRICTS, in B-1, B-2 and B-3 BUSINESS
DISTRICTS, and in I-1 INDUSTRIAL DISTRICT, provided
that the total number of spaces shall equal the sum
of the requirements for each building or use.
Joint or combined parking facilities or adjoining
parking facilities on separate lots as authorized and
when constructed adjacent to a common lot line separa-
ting two or more parking areas are not required to
observe the parking area setback from such common lot
line.
4) Optional and Multiple Use Structures:
Where a building is designed to accommodate uses
that may require application of two or more differ-
ing parking standards based o:> potential occupancy,
the standard providing the greatest amount of parking
shall be applied exclusively.
i. Garages - Multi -Family Residential:
Required garage parking for structures containing three
or more dwelling units shall be provided underground,
under principal structures or in a similar manner to
avoid excess site coverage.
TABLE 1 PARKING LOT DESIGN
rear bt line,
front lot fine�
side lot fine-
\ J_
r I
N - K
PARKING LAYOUT REQUIRED MINIMUM DIMENSIONS (in feet)
FOR 9 -FT STALLS AT VARIOUS ANGLES
On
Dimension
Dia ram
450 600 750
900
Stall width, parallel to
A
1��3
Stall length of line
B
25.0 22.0 20.0
18.5
Stall depth
C
17.5 19.0 19.5
18.5
Aisle width be, en stall lines
D
12.0 16.0 23.0
26.0
Stall depth, i clock
E
15.3 17.5 18.8
18.5
Module, edge c ,javement to interlock F
44.8 52.5 61.3
63.0
Module, interl.Aing
G
42.6 51.0 61.0
63.0
Module, interlock to curb face
H
42.8 50.2 58.8
60.5
Bumper overhang (typical)
I
2.0 2.3 2.5
2.5
Offset
J
6.3 2.7 0.5
0.0
Side and rear yard setback
K
Residence district:
as required for
accessory building.
Non -residence
districts: 20ft.
Cross aisle, one-way
L
14.0 14.0 14.0
14.0
Cross aisle, two-way
-
24.0 24.0 24.0
24.0
Front yard setback
M
All R and B Districts:
20 ft.
Industrial Districts:
50 ft.
Setback of parking or drive
N
R-2, R-3 and R-4 Districts:
20 ft.
from principal building
All non -residence Districts:
10 ft.
Front lot line to drive
0
All R and B Districts:
10 ft.
(landscape area)
Industrial District_:
25 ft.
Side and rear lot line to drive
P
Residence District:
as required for
(landscape area)
accessory buildings
Non -Residence Districts:
15 ft.
Table 2
(Section 10, Subdivision 2)
SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES
Use or Use Cate
Residential
a) Dwellings
Number of Parking Spaces Required Per
Unit of Measurement
No. Unit
Total Garage
b) Jr. High, Elementary and
Nursery schools 2.0
c) Convalescence or nursing homes 1.0
d) Hospitals 1.0
+1.0
e) Senior High Schools 1.0
f) Municipal Administration
Buildings, Community Center,
public libraries, art galleries,
museums, post office, etc. 1.0
g) Golf course, tennis or swim-
ming club, etc. 20.0
+4.0
Non -Residence
a) Automobile, trailer, marine,
implement, garden supply,
building and material sales, 6.0
auto repair +1.0
b) Bowling alley 5.0
c) Car wash, machine 25.0
d) Clinics 1.0
e) Funeral homes 1.0
r-7
All new dwelling units
1.0 Dwelling
1.0 Dwelling unit
Dwelling unit
4 beds
Sleeping unit
4 seats, main seating
area
Classroom
4 beds
2 beds
each employee on major
shift
5 students at design
capacity
300 sq. ft. floor area
principal building
200 sq. ft. floor area
principal use
500 sq. ft. floor area
over 1,000
per alley
(+5) per lane in excess
of 1
200 sq. ft. floor area
5 seats
Single family
1.0
2 -family
2.0
b)
Townhouses
2.0
c)
Dwellings, Multi -family
R-2, R-3, and R-4 District
(except elderly)
1.5
d)
Dwellings, multi -family which
are specifically designed and
occupied exclusively by persons
60 years of age or older
1.0
e)
Boarding and lodging houses
1.0
f)
Motels, Hotels
1.0
Education, Cultural and Institutional
a)
Churches, auditoriums and
other places of assembly
1.0
b) Jr. High, Elementary and
Nursery schools 2.0
c) Convalescence or nursing homes 1.0
d) Hospitals 1.0
+1.0
e) Senior High Schools 1.0
f) Municipal Administration
Buildings, Community Center,
public libraries, art galleries,
museums, post office, etc. 1.0
g) Golf course, tennis or swim-
ming club, etc. 20.0
+4.0
Non -Residence
a) Automobile, trailer, marine,
implement, garden supply,
building and material sales, 6.0
auto repair +1.0
b) Bowling alley 5.0
c) Car wash, machine 25.0
d) Clinics 1.0
e) Funeral homes 1.0
r-7
All new dwelling units
1.0 Dwelling
1.0 Dwelling unit
Dwelling unit
4 beds
Sleeping unit
4 seats, main seating
area
Classroom
4 beds
2 beds
each employee on major
shift
5 students at design
capacity
300 sq. ft. floor area
principal building
200 sq. ft. floor area
principal use
500 sq. ft. floor area
over 1,000
per alley
(+5) per lane in excess
of 1
200 sq. ft. floor area
5 seats
0 Use or Use Cate
Table 2 - Continued
Number of Parking Spaces Required Per
Unit of Measurement
No. Unit
f) Furniture and appliance
stores
g) Office buildings
h) Professional offices, banks
and public administrations,
clinics, animal hospitals
i) Restaurants, night clubs,
clubs
j) Retail and service establish-
ments
Total
1.0
1.0
4.0
+1.0
1.0
10.0
k) Service garages and manual 4.0
car wash +2.0
1) Service garages for major 4.0
auto repair +1.0
m) Shopping center (B-3 District) 6.0
n) All other commercial 10.0
+1.0
o) Theatre, assembly hall, audi-
torium or sports arena 1.0
p) Warehousing 1.0
or 1.0
q) Wholesaling
r) Research, experimental or 1.0
testing station or 1.0
s) Manufacturing or processing 1.0
plant or 1.0
+1.0
400 sq. ft. floor area
each 250 ft.
500 sq. ft. floor area
over 1,000 sq. ft.
75 sq. ft. floor area
1,000 sq. ft. gross leasable
floor area
Stall in addition to gas
pump area
Stall in addition to
per stall
1,000 sq. ft. gross leasable
floor area
1,000 sq. ft. gross leasable
floor area
each employee on major shift
4 seats
Two employees of the largest
shift
2,000 sq. ft. of floor area -
whichever is greater
each employee on largest shift ;
2,000 sq. ft. of floor area -
whichever is greater
each company motor vehicle
on premises
each employee on major shift
each 500 sq. ft. floor area -
whichever is greater
each employee on major shift
350 sq. ft. gross floor area -
whichever is greater
each company motor vehicle
on premises
j. Required Loading Areas:
Loading and unloading areas for goods, supplies and services shall be
sufficient to meet the requirements of each use.
-58
Subdivision 3. Additional Requirements, Exceptions and Modifications.
1. Height Regulations:
a. Where the average slope of a lot is greater than one (1) foot
rise or fall in seven (7) feet of horizontal distance from
the established elevation or the property line, one (1) story
in addition to the number permitted in the District in which
the lot is situated shall be permitted on the downhill side
of any building.
b. Height limitations set forth elsewhere in this Ordinance may
be increased by one hundred (100) percent when applied to
the following:
1) Monuments.
2) Flagpoles.
3) Cooling Towers.
4) Elevator Penthouses.
C. Height limitations set forth elsewhere in the Ordinance may
be increased by Conditional Use Permit when applied to the
following:
1) Church spires, belfries, or domes which do not contain
usable space.
2) Water Towers.
3) Chimneys or smokestacks, radio and television broadcasting
towers.
d. Height limitations set forth in the R-4, B-1, B-2, B-3 and
I-1 Districts may be increased to a greater height provided
the following conditions are met:
1) No increase in height limitation shall be allowed, except
by Conditional Use Permit.
2) The building or portion thereof with increased height
shall not be adjacent to nor closer than three hundred
(300) feet to any lot in any R-1, R -IA, R -IB or R-2
District.
3) Where an increase in the height limitation is allowed under
this Subdivision, the building or portion thereof shall
be set back from all side and rear lot lines an additional
distance of one (1) foot that the building exceeds the
height limitation of the District in which it is located.
4) The building or portion thereof with increased height
shall be set back from front yard lines an additional
distance of one (1) foot for every one (1) foot that it
exceeds forty-five (45) feet.
5) A site plan of the proposed building shall be submitted
along with the application for Conditional Use Permit.
Such site plan shall show the location and extent of the
proposed building, parking, loading, access drives,
landscaping and any other improvements. Upon considera-
tion by the Planning Commission and subsequent approval
by the City Council said site plan shall be attached to
and become a part of the Conditional Use Permit. Any
substantial change to the site plan shall re.-11>ire a
resubmission to the Planning Commission and subsequent
approval by the City Council.
6) The provision of subparagraph (2), (3) and (4) above,
may be waived by the City Council, in whole or in
part, upon a finding that such a waiver would not have
a deleterious effect upon surrounding properties.
2. Yard Regulations:
Measurements shall be taken from the nearest point of the wall
of a building to the lot line in question, subject to the
following qualifications:
a. Cornices, canopies, or eaves may extend into the required
front yard a distance not exceeding four (4) feet, six (6)
inches.
b. Fire escapes may extend into the required front yard a
distance not exceeding four (4) feet, six (6) inches.
c. A landing place or uncovered porch may extend into the
required front yard a distance not exceeding six (6) feet,
if the landing place or porch has its floor no higher than
the ent ince floor of the building. An open railing may be
placed around such place.
d. The above enumerated architectural features may also extend
into any side or rear yard to the same extent, except that
no perch, terrace, or outside stairway shall project into
the required side yard distance.
e. A wall, fence or hedge may occupy part of the required front,
side or rear yard.
f. On double frontage lots, the required front yard shall be
provided on both streets.
g. The required front yard of a corner lot shall not contain any
wall, fence, or other structure, tree, shrub, or other growth
which may cause danger to traffic on a street or public road
by obscuring the view.
h. The required front yard of a corner lot shall be unobstructed
above a height of three (3) feet in a triangular area, two
sides of which are the lines running along the side street
lines between the street intersection and a point twenty (20)
feet from the intersection and the third side of which is the
line between the latter two points.
i. In determining the depth of rear yard for any building where
the rear yard opens into an alley, one-half (1/2) of the
width of the alley, but not exceeding ten (10) feet, may be
considered as a portion of the rear yard subject to the
following qualifications.
1) The depth of any rear yard shall not be reduced to less
than ten (10) feet by the application of this exception.
2) If the door of any building or improvement, except a
fence, opens toward an alley, it shall not be erected
or established closer to the center line of an alley
than a distance of fifteen (15) feet.
3. Yard Landscaping:
In all CLASSES OF BUSINESS DISTRICTS, all required yards shall
either be open landscaped and green areas or be left in a
natural state, except as provided by Subdivision 2, paragraph 4
of this Section. If any yards are to be landscaped, they shall
be landscaped attractively with lawn, trees, shrubs, etc. Any
areas left in an acceptable state shall be properly main-
tained in a sightly and well -kept condition. Yards adjoining
any of the Classes of RESIDENCE DISTRICTS shall be landscaped
with planting buffer screens. Plans for such screen shall be
submitted as a part of the application for building permit and
installed as a part of the initial construction.
4. Storage and Display of Materials:
In all CLASSES OF BUSINESS DISTRICTS and the INDUSTRIAL DISTRICT,
open storage or display of materials in any required front, side
or rear yard shall be prohibited. Any other outside storage
shall be located or screened with an adequate buffer so as not
to be visible from any of the CLASSES OF RESIDENCE DISTRICT,
adjoining property or public street.
Area Regulations:
No lot shall be so reduced that the area of the lot or dimensions
of the open space shall be smaller than herein prescribed.
Accessory Uses:
The following accessory uses, in addition to those hereinbefore
specified shall be permitted in any RESIDENCE DISTRICT, if the
accessory uses do not alter the character of the premises in
respect to their use for the purposes permitted in the District.
a. The renting of rooms or the providing of table board in a
dwelling as an incidental use to that of its occupancy as
a dwelling of the character permitted in the respective
District, but not to the extent of constituting a hotel as
defined in this Ordinance, unless permitted in the District.
b. The operation of necessary facilities and equipment in
connection with schools, colleges, universities, hospitals
and other institutions permitted in the District.
C. News and refreshment stands and restaurants in connection
with passenger stations.
d. Recreation, refreshment and service buildings in public parks
and playgrounds.
e. Fallout shelters.
7. Accessory Buildings:
In case an accessory building is at --ached to the main building,
it shall be made structurally a pa -.t of the main building and
shall comply in all respects with the requirements of this
Ordinance applicable to the main building. An accessory
building, unless attached to and made a part of the main
building shall not be closer than five (5) feet to the main
building, except as otherwise provided in this Ordinance.
A detached accessory building shall not be located in any
required front or side yard.
C. A detached accessory building not over one (1) story and not
exceeding twelve (12) feet in height shall occupy not more
than thirty (30) percent of the area of any rear yard.
8. Garbage Disposal:
All residential units, institutional facilities, industrial
operations or commercial operations producing garbage (food
wastes) must be equipped with an approved powered garbage disposal
unit directly connected to the sanitary waste system.
Subdivision 4. Fences and Walls.
1. Residence Districts -Front Yard
Corner lots. No fence, wall or planting shall rise over
three (3) feet in height above the street curb level within
twenty (20) feet of any street right-of-way corner, so as
to interfere with traffic visibility.
b. Interior side lot lines. No fence, wall or shrub planting
of more than three (3) feet in height above the level of the
street curb level shall be erected on any interior lot within
the front yard as required in each district.
2. Residence Districts -Side Yard
No fence or wall, other than a retaining wall, along a side
line of a lot in a residence district, shall be higher than six
(6) feet unless the adjoining lot is not in a residential dis-
trict.
Residential Districts -Rear Yard
Fences having a height of six (6) feet or less may be located
within the required rear yards in any Residence District.
4. Non -Residence Districts --Walls and Fences
Required walls or fences used on screens between a Residence
District and a Non -Residence District shall be of not less than
ninety (90) per cent opacity and not less than five (5) nor more
than seven (7) feet in height above the level of the residential
district boundary. The height regulations shall not apply to
screens of parking and loading areas which are regulated in
Section 10, Subdivision 2.
Plantings
Screen plantings may be substituted for walls or fences, provided
such plantings are of such type as to permit a minimum of ninety
(90) per cent opacity during all months of the year.
6. Exceptions
Walls or fences of lesser or greater heights or planting screens
of lesser opacity or otherwise not conforming with this Subdivi-
sion may be permitted by the Board of Zoning Adjustment if there
is a finding that the nature or extent of the use being screened
is such that a lesser or greater degree of screening will as
adequately promote and protect the use and enjoyment of the
properties within the adjacent residential district, or there is
a finding that a screening of the type required by this Ordinance
would interfere with the provisions of adequate amounts of light
and air to same said properties.
7. Installation and Maintenance
Required screening shall be indicated on Site Plans as required
herein and shall be installed at the time of construction. All
required screening devices shall be designed so that they are
architecturally harmonious with the principal structures on the
site and they shall be properly maintained so as not to become
unsightly, hazardous, or less opaque than when originally
constructed.
-62-
SECTION 11 ADMINISTRATION AND FEES
Subdivision 1. Administrative Procedure.
All proposed developments except within the R-0, R -IA and R -IB
Districts within the City shall conform with the provisions of this
Subdivision when making rezoning application or requesting site plan
approval..
1. Upon application for rezoning and platting of a parcel of land,
the petitioner shall present a General Development Plan. This
plan shall be a conceptual rendering only and shall not require
the fine detail of a site plan. The General Development Plan
shall be drawn to scale with topography of a contour interval
not greater than two (2) feet and show the following:
a. The proposed site with reference to existing development
on adjacent properties.
b. General location of proposed structures.
c. Tentative street arrangements, both public and private.
d. Amenities to be provided such as recreational areas, open
space, walkways, etc.
e. Tentative plat showing proposed streets and parks in rela-
tionship to the proposed development.
f. General location of parking areas.
g. Proposals for availability of public sanitary sewer, water
and storm drainage.
h. A statement showing the proposed density of the project
with the method of calculating said density also shown.
2. A public hearing shall be scheduled before the Planning Commission
so that the public has an opportunity to express its views. Fol-
lowing the public hearing, the Planning Commission shall close
the public hearing and make a recommendation to the City Council.
3. The City Council shall then consider the rezoning request.
4. If the zoning change is approved, the General Development Plan
is attached to and is a part of the Ordinance establishing the
zoning change.
5. Thereafter, changes in the General Development Plan will not be
permitted without further review by the Planning Commission and
approved by the City Council.
6. Before building permits are issued for the development of struc-
tures, a site plan shall be reviewed by the Planning Commission
and approved by the City Council.
7. The site plan shall be required to contain the following informa-
tion:
a. Complete details of the proposed site development including
identification signs, location of buildings, streets, drive-
ways, parking spaces, dimensions of the lot, lot area and
yard dimensions.
b. Complete landscaping plans including species and showing
planting size and mature size of trees and shrubs proposed.
C. Plans and specifications for fences, walls and other buffers
as required herein.
d. Complete plans for proposed sidewalks or walkways to service
parking, recreation and service areas within the proposed
development.
e. Complete plans for storm water drainage systems sufficient
to drain and dispose of all surface water accumulations
within the area.
f. Complete plans and specifications for exterior wall
finishes proposed for all principal and accessory
buildings.
g. Complete plans for storage areas for waste and garbage.
8. Properties in the City presently zoned in the R-3, R-4, B-1,
B-2, B-3 or I-1 Districts which are not presently developed
shall be required to follow the site plan review procedures
of Paragraph 7 above before the development could occur.
9. All General Development Plans and/or Site Plans which have
been approved by Council action shall be subject to mandatory
compliance with ordinance requirements and State Building Code
requirements which are in effect at the time a building permit
is applied for, provided that within 6 months of date of said
General Development Plan or Site Plan approval a development
contract or a building permit has been executed, then City
Ordinance requirements in effect at the time of the approval
of said site plan or general development plan shall apply.
10. Proposed minor additions during any five-year period involving
generally 10% or less of the total existing floor area and
change meets all ordinance requirements may be approved by
the Zoning Administrator prior to a building permit being
issued and shall not require Planning Commission or Council
review.
11. Following the approval of the site plan required in Paragraph
6 above and before issuance of a building permit, the developer
shall guarantee to the City the completion of all private ex-
terior amenities as shown in the site plan. Such amenities
are hereby defined as landscaping, private driveways, parking
areas, recreational facilities and other similar facilities.
Such guarantee shall be in the form of a bond, cash deposit or
irrevocable letter of credit. A cash deposit or irrevocable
letter of credit shall be in the amount of 100% of the esti-
mated cost of such amenities and a bond shall be in the amount
of 150% of such estimated costs. The time allowed for com-
pletion of such private exterior amenities shall be set out
in the resolution approving the site plan and the guarantee
shall provide for its forfeit to the City in the event such
completion date is not met by the developer. For good cause
shown the City Council may extend the time for completion,
in which event the developer shall provide a like guarantee
for the extended period. As various portions of such amenities
are completed by the developer and approved by the City, the
City may release such portion of the guarantee as is attri-
butable to such completed work.
12. On development proposals requiring Site Plan review pursuant to
this Section the City Council upon the recommendation of the
Planning Commission shall act as the Zoning Board of Adjustment
with respect to variances from this ordinance proposed by the
Site Plan.
Supdivision 2. Zoning Administrator.
The office of Zoning Administrator is hereby established. The
City Council may appoint as many persons as it deems necessary
to carry out the duties of the office, which duties shall include
the following:
1. Issue certificates of occupancy and maintain records thereof.
2. Periodically inspect buildings, structures, and uses of land
to determine compliance with the terms of this Ordinance.
3. Notify, in writing, any person responsible for violating a
provision of this Ordinance, indicating the nature of the
violation and ordering the action necessary to correct it.
4. Order discontinuance of illegal use of land, buildings, or
structures; order removal of illegal buildings, structures,
additions, alterations; order discontinuance of illegal work
being done; or take any other action authorized by this Ordinance
to insure compliance with or to prevent violation of its
provisions, including cooperation with the City Attorney in
the prosecution of complaints.
S. Maintain permanent and current records of the zoning ordi-
nance, including all maps, amendments, conditional uses, and
variances.
6. Maintain a current file of all permits, all certificates, and
all copies of notices of violation, discontinuance, or removal
for such time as necessary to insure a continuous compliance
with the provisions of this Ordinance and, on request, provide
information to any person having a proprietary or tenancy
interest in any specific property.
7. Provide clerical and technical assistance to the Planning
Commission and Board of Zoning Adjustment.
8. Submit each month to the Planning Commission an itemized
summary of certificates and permits granted and other signifi-
cant activity of the preceding month.
9. Receive, file and forward to the Board of Zoning Adjvistment or
Planning Commission all applications for conditional use permits,
variances, amendments or development plans as required herein.
Subdivision 3. Board of Zoning Adjustment.
Creation and Membership:
A Board of Zoning Adjustment is hereby established and vested
with such administrative authority as is hereinafter provided.
Such Board shall consist of one member of the Planning Commis-
sion and four (4) citizens. The Zoning Administrator shall
serve as an exofficio member without the right to vote on
matters before the Board. The five (5) Board members shall be
appointed by the Mayor and City Council. The Board shall ser-
vice without compensation. Its Planning Commission member shall
be appointed for a term coinciding with his term on the Planning
Commission and its citizen members shall be appointed for two
(2) year terms. The Zoning Administrator shall act as Secre-
tary of the Board. The Mayor shall appoint the Chairman from
the citizen members of the Board.
2. Powers:
The Board of Zoning Adjustment shall have power to hear appeals
from administrative determinations and questions of doubt con-
cerning the exact location of District boundary lines, to hear
appeals of administrative determinations from and to grant
adjustment in and exceptions to any of the provisions of this
Ordinance, except those adjustments and exceptions governed by
City Cotlp.cil determination as specified by Section 11, Sub-
division 1, to the extent of the following and no further:
a. To consider applications for variances and modifications
in any of the provisions of this Ordinance relating to:
1) Height, yard, area and lot width and depth regulations.
2) Sign regulations providing that no such variance may
be granted contrary to the requirements of the Minnesota
Outdoor Advertising Control Act and provided further
that no variances shall be granted to permit signs in
districts or locations where such signs are prohibited.
3) Parking and loading regulations.
4) Fence regulations.
5) Minimum floor area requirements.
6) District boundary lines for Special Protection
Districts (Section 6) provided the purpose and
intent of the District are maintained and the
provisions o: Subdivision 3, Section 5 are given
due consideration.
b. The decision of the Board of Zoning Adjustments shall
be final subject only to the right of any applicant or
person affected by such decision to appeal such decision
to the Council. Notice of such appeal must be filed with
the City Clerk within a period of twenty (20) days from
and after a copy of the Board's order has been mailed
to the applicant at the address furnished by the applicant
in his application.
The representative of the Planning Commission serving on
the Board of Zoning Adjustments shall report to the Board
any views of the Planning Commission which might affect
the decision of the Board. Upon the request of such
representative the Board shall delay the issuance of its
Order pending a review and report of the matter by the
Planning Commission. Unless such a request is made, the
Board shall make its Order and report thereon to the
Council within 15 days from and after the date of the
hearing.
d. The Board of Zoning Adjustment shall not approve any
application and the Council upon appeal shall not grant
any application unless they find the following:
1) That because of the particular physical surroundings,
shape, or topographical conditions of the specific
parcel of land involved, a particular hardship to
the owner would result, as distinguished from a mere
inconvenience, if the strict letter of the regulations
were to be carried out.
2) That the conditions upon which a petition for a vari-
ation is based are unique to the parcel of land for
which the variance is sought and are not applicable,
generally, to other property within the same zoning
classification.
3) That the purpose of the variation is not based exclu-
sively upon a desire to increase the value or income
potential of the parcel of land,
4) -That the alleged difficulty or hardship is caused by
this Ordinance and has not been created by any persons
presently having an interest in the parcel of land.
5j That the granting of the variation will not be detri-
mental to the public welfare or injurious to other land
or improvements in the neighborhood in which the parcel
of land is located, and
o) That the proposed variation will not impair an adequate
supply of light and air to adjacent property, or sub-
stantially increase the congestion of the public streets,
or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property
values within the neighborhood.
3. Procedure.
Application for the adjustment permissible under the provisions
of this Section shall be made to the Zoning Administrator, in
the form of a written application for a building permit or for
a permit to use the property or premises as set forth in the
application. An application for an adjustment shall be accom-
panied by payment of a fee, as established by the City Council,
in addition to the regular building permit fee, if any. Upon
receipt of any application, such officer shall set a time and
place for a hearing before the Board of Zoning Adjustment on
such application. At least ten (10) days before the date of
the hearing, a notice of the hearing shall be mailed to the
applicant and to all other persons who, in the judgment of the
Zoning Administrator may be affected by a decision of the
Board.
In g.'anting any adjustment or variance under the provisions of
this Subdivision, the Board of Zoning Adjustment shall designate
such conditions in connection therewith as will, in its opinion,
secure substantially the objectives of the regulations or
provision to which the adjustment or variance is granted, as
to light, air, and the public health, safety, comfort, conven-
ience and general welfare.
In all cases in which adjustments or variances are granted
under the provisions of this Subdivision, the Board of Zoning
Adjustment and the City Council upon appeal shall require such
evidence and guarantees as it may deem necessary to insure
compliance with the conditions designated in connection therewith.
Subdivision 4. Certificate of Occupancy.
Application:
A Certificate of Occupancy shall be obtained before:
a. Any building hereafter erected or structurally altered is
occupied or used.
b. The use of any such building is altered.
2. Procedure:
a. Application for a Certificate of Occupancy for a new build-
ing or for an existing building which has been altered shall
be made to the Zoning Administrator as part of the applica-
tion for a building permit as required in Subdivision 5 of
this Section, ENFORCEMENT. This certificate shall be issued
within ten (10) days after a written request for the same
has been made to the Zoning Administrator, after the erection
or alteration of such building or part thereof has been com-
pleted in conformity with the provisions of this Ordinance.
Pending the issuance of such a Certificate, the Zoning Ad-
ministrator may issue a Temporary Certificate of Occupancy
for a period of not exceeding six (6) months during the
completion of the erection or alteration of such building.
The temporary certificate shall not be construed as in any
way altering the respective rights, duties or obligations
of the owners or of the City relating to the use or the
occupancy of the premises or any other matter except under
such restrictions and provisions as will adequately insure
the safety of the occupants.
b. Every Certificate of Occupancy shall state that the building
or proposed use of a building or land complies with all
provisions of law and of this Ordinance. A record of all
Certificates of Occupancy shall be kept on file in the office
of the Zoning Administrator and copies shall be furnished
on request to any person having a proprietary or tenancy
interest in the building or land affected. No fee shall
be charged for a Certificate of Occupancy.
c. No building permit for the erection or alteration of a
building shall be issued before the application has been
made for a Certificate of Occupancy.
d. A Certificate of Occupancy shall be issued for all lawful
non -conforming uses of land or buildings created by adop-
tion of this Ordinance, or in existence at the effective
date of this Ordinance. Application for such Certificate
of Occupancy for a non -conforming use shall be filed with
the Zoning Administrator by the owner or lessee of the
building or land occupied by such non -conforming use within
one (1) year of the effective date of this Ordinance. It
shall be the duty of the Zoning Administrator to issue a
Certificate of Occupancy for a lawful non -conforming use,
or refusal of the Zoning Administrator to issue a Certifi-
cate of Occupancy for such non -conforming use shall be prima
facie evidence that such non -conforming use was either
illegal or did not lawfully exist at the effective date
of this Ordinance.
e. An annual inspection shall be made by tae Building Inspec-
tor, of all buildings which have a certificate of occupancy,
and if it is found that such building does not conform to
the applicable requirements, the certificate of occupancy
may be revoked and the building shall not be occupied until
such time as the building is again brought into compliance
with such requirements.
Subdivision S. Amendment.
1. Procedure:
This Ordinance may be amended whenever the public necessity and
convenience and the general welfare require such amendment by
following the procedure specified as follows:
a. Proceedings for amendment of this Ordinance shall be ini-
tiated by (1) a petition of the owner or owners of the
actual property, the zoning of which is proposed to be
changed; (2) a recommendation of the Planning Commission;
or (3) by action of the City Council.
b. To defray administrative costs of processing of requests
for an amendment to this Ordinance, a fee, as established
by the City Council, shall be paid by the petitioner.
c. All applications for changes in the boundaries of any
Zoning District which are initiated by the petition of the
owner or owners of property, the zoning of which is proposed
to be changed, shall be accompanied by a map or plat showing
the lands proposed to be changed and all lands within five
hundred (500) feet of the boundaries of the property pro-
posed to be rezoned, together with the names and addresses
of the owners of the lands in such area as the same appear
on the records of the County Auditor of Hennepin County on
mailing labels suitable for mailing purposes, which shall
be provided by the petitioner.
d. Before any amendment is adopted, the Planning Commission
shall hold at least one public hearing thereon after a notice
of the hearing has been published in the official newspaper
at least ten (10) days before the hearing. Following the
hearing the Planning Commission shall make a report of its
findings and recommendations on the proposed amendment and
shall file a copy with the City Clerk within sixty (60) days
after the hearing. If no recommendation is transmitted by
the Planning Commission within sixty (60) days after the
hearing, the City Council may take action without awaiting
such recommendation.
e. Upon the filing of such report, the City Council shall hold
such public hearings upon the amendment as it deems advis-
able. After the conclusion of the hearings, if any, the
City Council may adopt the amendment or any part thereof
in such form as it deems advisable. The amendment shall be
effective only if four-fifths (4/5) of all the members of
the Council concur in its passage.
f. The Council may by resolution deny a Proposed Amendment
and include the findings and reasons for denial in the
resolution. If the Planning Commission recommends denial
of a Proposed Amendment, the findings and reasons shall
be set forth in their written report to the Council.
2. Determination of Substantially Similar Use:
Any landowner may request a determination by the City Council
that a use not included in any district of this City Ordinance
is substantially similar to a use classified as permitted,
conditional or accessory in the district in which the property
is located. An application for such a determination shall be
filed with the Zoning Administrator who shall refer it to the
Planning Commission. The Planning Commission shall consider the
application and shall file its recommendations with the City
Council. If the City Council determines that the use is sub-
stantially similar to a use included in these regulations, such
use shall thereafter be an allowable use whey.>ver the similar
listed use is authorized.
Subdivision 6. Enforcement.
1. Compliance with Regulations:
Hereafter no person shall erect, alter, wreck, or move any
building or part thereof without first securing a building
permit therefore; except that no permit shall be required for
an alteration costing less than three hundred (300) dollars if
no structural alteration of the building is involved.
2. Building Permits:
Application for a building permit shall be made to the Zoning
Administrator on blank forms to be furnished by the City. Each
application for a permit to construct or alter a building shall
be accompanied by a plan drawn to sc"le showing the dimensions
of the lot to be built upon and the size and location of the
building and accessory buildings to be erected. Applications
for any kind of building permit shall contain such other informa-
tion as may be deemed necessary foi the proper enforcement of
this Ordinance or any other. The fess for a building permit
shall be determined by the City Council. The Zoning Administra-
tor shall issue the building permit only after determining that
the building plans, together with the application comply with
the terms of this Ordinance.
Subdivision 7. Administrative Fees.
1. Fixed Administrative Costs:
Each applicant shall be charged the fixed fee specifically
provided in duly enacted resolutions of the City as required to
cover the costs incurred by the City in administratively
processing, reviewing and issuing of permits and approvals.
2. Additional Charges:
No person shall be issued a permit pursuant to this Ordinance
until each applicant shall have paid to the clerk the fee
charged by the City in reviewing the application as provided
for in this Ordinance.
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Subdivision 8. Violations and Penalties.
1. Violations and Penalties:
Any person, Firm or corporation who shall violate any of the
provisions hereof, or who shall fail to comply with any of
the provisions hereof, or who shall make any false statement
in any document required to be submitted under the provisions
thereof, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not to exceed $100.00 or
by imprisonment for not to exceed 90 days. Each day that a
violation continues shall constitute a separate offense.
Enforcing:
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained,
or any building, structure or land is used in violation of
this Ordinance, the Zoning Administrator, in addition to
other remedies, may institute any proper action or proceedings
in the name of the City of Plymouth, and hereby shall have the
Mowers of a police officer to prevent such unlawful erection,
con_'truction, reconstruction, alteration, repair, conversion,
maintenance, or use to restrain, correct such violations to
prevent the occupancy of said building, structure or land,
or to prevent any illegal act, conduct, business or use in
or about said premises.
SECTION 12 NON -CONFORMING USES
Subdivision 1. Non -Conforming Buildings and Uses.
1. The lawful use of buildings or land existing at the effective
date of this Ordinance which does not conform to the provi-
sions of this Ordinance may be continued; provided, however,
that no such non -conforming use of land shall be enlarged or
increased, nor shall any such non -conforming use be extended
to occupy a greater area of land than that occupied by such
use at the time of the adoption of this Ordinance; nor shall
any such non -conforming use be moved to any other part of
the parcel of land upon which the same was conducted at the
time of the adoption of this Ordinance,
2. Buildings found to be non -conforming only be reason of height,
yard or area requirements shall be exempt from the provisions
of paragraph 1 of this Subdivision.
Subdivision 2. Non -Conforming Signs.
1. Signs existing at the effective date of this Ordinance which
do not conform to the regulations as set forth in this Ordi-
nance shall become a non -conforming use and shall be discon-
tinued within a reasonable period of amortization of the sign;
uses of signs which become a non -conforming use by reasons of
a subsequent change in this Ordinance shall be discontinued
within a reasonable period of amortization of the sign. The
period of amortization for temporary signs advertising a new
development shall be not more than three (3) years from date
of original permit or until eighty-five (85) percent of the
construction is completed, whichever occurs last, but not to
exceed three (3) years from the date of the original permit,
a. Advertising Signs -- Five (5) years from the effective
date of this Ordinance or from the effective date of any
amendments thereto which make such signs non -conforming.
b. Business Signs -- Ten (10) years from the date of erection
or five (5) years from the effective date of this Ordi-
nance or from the effective date of any amendments thereto
which make such signs non -conforming, whichever is greater.
c. Advertising Signs Painted Directly on Building Facings --
Three (3) years from the effective date of this Ordinance
or from the effective date of any amendments thereto
which make such signs ncn-conforming.
2. Business signs on the premises of a non -conforming building
or use may be continued but such signs shall not be increased
in number, area, height, or illumination. New signs not to
exceed thirty-five (35) square feet in aggregate sign area
may be erected only upon the complete removal of all other
signs existing at the time of the adoption of this Ordinance
or from the effective date of any amendments thereto which
make such signs non -conforming. Such signs may be illuminated
but no flash -Ing, rotating or moving signs shall be permitted.
3. No sign erected before the passage of this Ordinance, or from
the effective date of any amendments thereto which make such
signs non -conforming, shall be rebuilt, altered or moved to
a new location without being brought into compliance with the
requirements of this Ordinance.
Subdivision 3. Non -Conforming Junk Yards.
No junk yard may continue as a non -conforming use for more than
one (1) year after the effective date of this Ordinance except
that a junk yard may continue as a non -conforming use in an
industrial district if within that period it is completely en-
closed within a building, fence, screen planting or other device
of such height so as to screen completely the operations of the
junk yard. Plans of such a building or device shall be approved
by the Planning Commission and the City Council before it is erec-
ted or put into place.
Subdivision 4. Discontinuance.
In the event that a non -conforming use of any building or premises
is discontinued or its normal operation stopped for a period of
one (1) year, the use of the same shall thereafter conform to the
regulations of the District in which it is located.
Subdivision 5. Alterations.
The lawful use of a building existing at the time of the adoption
of this Ordinance may be continued, although such use does not
conform with the provisions hereof. If no structural alterations
are made, a non -conforming use of a building may be changed to
another non -conforming use of the same or more restricted classi-
fication. The foregoing provisions shall also apply to noncon-
forming uses in districts hereafter changed. Whenever a non-con-
forming
oncon-
forming use of a building has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be
changed to a less restricted use.
Subdivision 6. Restoration.
No building which has been damaged by fire, explosion, act of God
or the public enemy, to the extent of more than fifty (50) percent
of its value shall be restored except in conformity with the regu-
lations of this Ordinance.
Subdivision 7. Residential Alterations.
Alterations may be made to a residential building, containing non-
conforming residential units when they will improve the livability
of such units provided, however, that they do not increase the
number of dwelling units in the building.
Subdivision 8. Normal Maintenance.
Maintenance of a building or other structure containing or used by
a non -conforming use will be permitted when it includes necessary
non-structural repair and incidental alterations which do not extend
or intensify the non -conforming building or use.
Nothing in this Ordinance shall prevent the placing of a structure in
safe condition when said structure is declared unsafe by the building
. codes and standards of the City.
SECTION 13 VALIDITY
Should any provision or section of this Ordinance be declared to be
in val'd by a court competent jurisdiction, such decision shall not
affect the validity of the Ordinance as a whole or any part thereof
other than the part so declared to be invalid.
SECTION 14 REPEAL OF ORDINANCE
Ordinance No. 68-8 of the City of Plymouth, adopted May 13, 1968 and
all amendments thereto is hereby repealed.
SECTION 1S EFFECTIVE DATE
This Ordinance shall be effective upon its passage and publication.
Adopted by the City Council of the City of Plymouth the 9th day of
January, 1978.
ATTEST:
-i
Loretta Garrity, Ci y Clerk
10
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Howard L. Hunt, Mayor