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HomeMy WebLinkAboutCity Council Ordinance 1980-09CITY OF PLYMOUTH, MINNESOTA ORDINANCE NO. 80-9 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 inhabitants 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 concentration of population, facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; - to promote a more efficient and desirable utilization of land by 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, structures, and lands that are inc,^mpatible with the intended use or development of lands within the specified zones; - to define and limit the powers and duties of the administrative effi %?s and bodies provided for herein. SECTION 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". -I- 777 PLYMOUTH''TOI NG"ORDINANCE` SECTION 3 - SCOPE AND INTERPRETATION SUBDIVISION A - SCOPE 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 B - 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. Where 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. SUBDIVISION C - PRIVATE AGREEMENTS This Ordinance does not abrogate any easement, covenant, or any other private agreement where such is not legally enforceable provided that where the regula- tions 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. -2- AD,,�, s.. ; r 't, ,yi u �... , . ,��Y,+ rvm a Mts? i�4- , *. -,r ;n^r g,,, '-s ,-;;�,- 7-- - a n PLYMOUTH ZONING ORDINANCE, SECTION 4 - RULES AND DEFINITIONS SUBDIVISION A - 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 word "person" shall include any firm, association, organization, partnership, trust, company or corporation as well as an individual; and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for". SUBDIVISION B - DEFINITIONS For the purpose of this Ordinance, certain terms and words are defined as follows: Accessory Building -- A subordinate building or portion of the rain building which is located on the same lot or parcel as the main building and the use of which is clearly ir, '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, excep� kennels and farms for disposal of garbage or offal; the term shall include incidental 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 building 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. 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 lot or parcel. 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 for one family or an individual and is equipped with cooking facilities. Apartment Building -- Three (3) or more dwelling units or apartments grouped in one building, with each unit sharing a common area for ingress and egress. -3- PLYMOUTH ZONING`ORDINANCE Section 4, Subdivision B 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 mechanical devices. Automobile Repair, Major -- Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service including body, frame, or fender straightening or repair; and overall painting of vehicles. Automobile Repair, Minor -- Incidential repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major." Automobile Wrecking -- The dismantling or 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 floor 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) Billboard -- 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 hotel or motel where meals or lodging or both are provided for compensation for three (3) or more persons, pursuant to previous arrangements and not to 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 and their accessories during periods of inactivity, said building being incidental to the principal one of the property. 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 lot after the minimum setback and open space requirements of this Ordinance have been met. Building -- Any structure having a roof and built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. -4- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B Building Height -- The vertical distance from the average of the highest and lowest point of 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 gambreal roofs. Building Line -- An imaginary line separating buildable area and 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) ownership, such as universities, hospitals, institutions and industrial plants. 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 religious 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 designate long-range orderly growth and development of the community. Including, but not limited to: a Land Use Guide, a Thoroughfare Guide Plan, Community Facilities Plan and policies 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 relation- ships between site elements 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 responsibility for maintenance 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 facility -- A licensed facility in which care is provided for one or more children as defined and regulated per M.S.A. 245.782. -5- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B 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 governing 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 occupied for living purposes. Dwelling, Attached (Apartment, Condominium, Cooperative or 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 exclusively by one (1) family. Dwelling, Two Families -- 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 location of encroach- ment 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; collection, 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 five persons (excluding 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. PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B 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 discharge may be equalled or exceeded. Flood Fringe -- That portion of the flood plain outside of the floodway. 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 :nay 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 protection that should be sought in the design of flood control works, the failure of which might be disastrous. Floodway -- 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 premises 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 a public garage. General Development Plan -- A report in text and map form with the map drawn to scale depicting the general location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, etc. as related to a proposed development. -7- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B Grade (Adjacent Ground Elevation) -- The lowest point of elevation 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 5 feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. Group (and Foster Care) Home -- See "Residential Care Facilities". 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 nansard 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 character 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 property 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 visable 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, other than products clearly incidental to the allowed service or occupation. Hotel (Motel) -- Any building or portion thereof where 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 loading or unloading for all types of vehicles. -8- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B Lodging House -- A building or premises where lodging is provided for compen- sation for three (3) or more persons, but not exceeding 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 pines. Lot Area per Dwelling Unit -- The lot area required by this Ordin:.nce 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, Width -- The horizontal distance between the side lot lines of a lot measured at the required minimum front building setback line; provided, however, that width between side lot lines at the front lot line shall not be less than 80 percent of the minimum required lot width, except in the case of lots on the turning circle of culs-de-sac, where the 80 percent requirement may be waived. 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 tine, 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. Lot Line, Side -- Any boundary of a lot which is not a front lot line or a rear lot line. -9- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B 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 described by metes and bounds, the deed to " which has been recorded in the office of the Register of Deeds at the time this Ordinance 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 designed 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 -nobile 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 identifying the existing natural features of a parcel of land and the relationship of a proposed use to the existing natural conditions of the parcel. 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 conform to the applicable use regulations of the district in which it is located. Non -Conforming Use of Structures -- A use of a structure which does not conform to the applicable use regulations of the district in which it is located. Nursery School -- A non-residential 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. Cha nge of occupancy is not intended to include change of tenants or proprietors. -10- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision 6 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 development. 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 owned by a person or persons. Open Space, Public -- Any open space publically owned. Outlot -- A parcel of land, included in a plat, which is smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined through platting with additional land; or, a parcel of land which is included in a plat and which is at least double the minimum size and which is thereby subject to future platting prior to development; or a parcel of land which is included in a plat and which is designated for public or private open space, right-of-way, utilities or other similar purposes. An outlot is deemed to be unbuildable. Parking Space -- An area of such shape and dimensions as provided by this ordinance and so prepared as to be usable for the parking of a motor vehicle and so located as to be accessible to a public street or alley. PPr`ormance Standard -- A criterion established to control environmental 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 3r 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, Objec- tives 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 policies for plan execution. -11- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B Plan, Concept -- A report in map and text form submitted as the first step of a Planned Unit Development (P.U.D.) proposal, depicting the location, general purpose, general type of land use and circulation pattern, primary relation- ship 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 relationship of structures, streets, driveways, recreation areas, parking areas, utilites, 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 requirements 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 dwelling 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 recreational pursuit or water supply purpose. The tributary area and design surface area shall be as established in the Storm Drainage Plan adopted August 6, 1973 or as thereafter 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 for 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. -12- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B 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 heights 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. Residential Care Facilities -- A state licensed residential facility which is regulaLrd, located and operated in accordance with M.S.A. 245.782 - 245.90, and M.S.A. 462.357(7-8); and all applicable codes and regulations. Restaurants (Class 1) -- Traditional Restaurant -- Food is served to a customer and consumed by him while seate at a counter or table. Cafeteria -- Food is selected by a customer while going through a serving line and taken to a table fo- consumption. Restaurants (Class 1I) -- 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 food 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. Car!:x Out and Delivery Restaurant -- Food is prepared for consumption off the premises only. School -- A building used for the purpose of elementary or secondary 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 "convent-ence" goods -such— as foods and drugs and providing personal services such as barber shops and laundry stations for the accom- modation 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 retailing 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 of several -communities and to provide a range of "convenience" and "shoppers and durable" goods and services 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 GFP 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. -13- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B Sign, Advertising -- A sign which directs attention to a buiness, 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 neighborhood, a residential sub- division, a multiple residential complex or any combination of the above. Sign, Business -- A sign which directs attention to a business or profession 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 located. 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, continuous 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. -14- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B 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 surface 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 under -floor 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 considered 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 primarily for heavy traffic and serving as an arterial trafficway 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. Subdivision -- A described tract of land which is to be or has been divided into two (2) or more lots 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 portions 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. -15- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B Use, Conditional -- A use which, because of unique characteristics, cannot be classified as a permitted use in a particular district. After due corsid- eration, in each case of the impact of such use upon neighboring land and of the public desirability for the paticular use at the particular location, a "Conditional Use Permit" may or may not be granted. If granted, the City Council may attach conditions and guarantees 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 recommendation from the Planning Commission for any condi- tional 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 districts, provided it conforms with all requirements, regulations and performance standards (if any) of such districts. Use, Principal -- The main use of land or buildings as distinguished from a secondary or accessory use. A "principal" use may be permitted or conditional. Use, Secondary -- A use which ordinarily is not essentially a permitted 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 of persons residing, employed, or somehow engaged in activities of the principal use. Utilites, Municipal -- City facilites such as sanitary sewer, water and storm sewer designed and constructed to City and State Board of Health standards owned and operated by the 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 unob- structed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of deter- mining 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 the projections of the usual steps, entranceway, unenclosed balconies or open porch. -16- PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B 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 balconies 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, SNoreland -- A yard extending across a lot and being the minimum horizontal distance between a structure and the highwater 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 the Zoning Map) set aside for specific uses with specific regulations for use and development. Zoning District, Overlay -- A zoning district containing regulations super- imposed upon other zoning district regulations and superseding 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. -17- PLYMOUTH ZONING ORDINANCE SECTION 5 - CLASSIFICATION OF USE DISTRICTS SUBDIVISION A - 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 FRD FUTURE RESTRICTED DEVELOPMENT DISTRICT R -1A 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 BUSINESS DISTRICT B-3 SERVICE BUSINESS DISTRICT I-1 PLANNED INDUSTRIAL DISTRICT SUBDIVISION B - ZONING MAP The locations 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 notation s, 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 maintain 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 "W". "R11, "B" and "I" Districts shall refer to the Use District Groups as above set forth, and reference to specific Use Dis- tricts shall be by reference to the individual districts listed above as "R -IA", "B-1", and so forth. The "Floodway Overlay District", "Flood Fringe Overlay District" and "Floodplain Overlay District" created hereby contain specific zoning regula- tions 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. -18- ri x PLYMOUTH ZONING ORDINANCE Section 5 SUBDIVISION C - 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 included in the most restrictive zoning district such lands adjoin. SUBDIVISION D - FUTURE ANNEXATION Any land annexed to the City in the future shall be placed in the FRD FUTURE RESTRICTED DEVELOPMENT DISTRICT until another zoning district is approved by action of the City Council after receipt of the recommendation of the Planning Commission. -19- PLYMOUTH ZONING ORDINANCE SECTION 6 - FLOOD PLAIN OVERLAY DISTRICT SUBDIVISION A - PURPOSE The Legislature of the State of Minnesota has in Minnesota Statutes 1969, D.104 delegated the responsibility to local governmental units to adopt regu- lations 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. SUBIDIVISON B - 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, disruption of commerce and governmental services, unsanitary conditions, and interruption of transportation and communications. Sound land use development can reduce damages, expenses, and inconveniences and assure that City lands are put to their most appropriate use. This District is based upon Flood Insurance Stud City of Plymouth, Minnesota, and all Flood Insurance Rate Maps, Tlood Boundary and 0o way 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 Genera; 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 C - GENERAL PROVISIONS I. Lands to Which Section Applies and Establishment of Regulatory Flood Protection ElevatioF 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 B 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 SUBDIVISION B above. In those areas designated as Unnumbered A Zones, the regulatory flood protection elevation and necessary floodway areas shall be established by the City Council consistent with the methods specified in SUBDIVI- SION H of this Ordinance. -20- PLYMOUTH ZONING ORDINANCE Section 6, Subdivision C 2. Rules for Interpretation of District Boundaries The Boundaries of the Flood Plain District shall be determined 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 O1P-05P) or Base Flood Elevation data contained in the Floodway Data Table (Table 2) in the Flood Insurance Study, CitX of Plymouth, Minnesota. The person contest i ng—t-Fei ocation ot the District boundary shall a 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 th.reof for any flood damages that result from reliance on this Ordinance or any admini- strative decision lawfully made thereunder. SUBDIVISION D - ESTABLISHMENT OF ZONING DISTRICTS The flood plain areas within the jurisdiction of this ordinance are hereby divided into three Districts: Floodway District (FW), Flood Fringe District (FF), and General Flood Plain District (GFP). I. Floodway District - The Floodway District shall include those areas des1gnated 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 permissible as conditional uses shall be prohibited. SUBDIVISION E - FLOODWAY DISTRICT (FW) I. Permitted Uses The following uses have a low flood damage potential and do not obstruct Ne PLYMOUTH ZONING ORDINANCE Section 6, Subdivision E 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 H of this Ordinance. These uses are also subject to the provisions of SUBDIVISION E, 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 tansmission lines, and pipelines. F. Storage yards for equipment, machinery, or materials. G. Other uses similar in nature to uses described in SUBDIVISION E, paragraphs la and paragraph 2 which are consistent with the provisions set out in SUBDIVISIONS A and E 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 H, paragraph 5 and the following standards: -22- PLYMOUTH ZONING ORDINANCE B. Fill Section 6, Subdivision E 1) Any fill deposited in the f'oodway shall be no more than the minimal amount necessary to conduct a Conditional Use listed in SUBDIVISION E, 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 cuver. C. Accessory Structures (temporary or permanent) permitted as Conditional Uses by SUBDIVISION E, paragraph 2A. 1) Accessory structures shall not be designed for human habitation. 2) Accessory structures shall have a low flood damage potential.. 3) Accessory structures, if permitted, shall be constructed and placed on the biilding site so as to offer the minimum obstruc- tion 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 accordance 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 prohibited. E. Structural Work for Flood Control Structural works for flood control such as dams, levees, dikes, and floodwalls shall he 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 Statues 1976, C.105, and other applicable statutes. -23- PLYMOUTH ZONING ORDINANCE Section 6 SUBDIVISION F - FLOOD FRINGE DISTRICT (FF) 1. Permuted 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 SUBCIVISION E, paragraph 1. P. Accessory structures provided they comply with the provision of SUBDIVISION E, paragraph 3c of this Ordinance. C. Residence and other structures constructed on fill so that the base- ment 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 pro- tection elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip rap or vegetative covering. No use shall be permitted which will adversely affect the capacity of channels or floodways of any tributary to the main stream, or of any drainage ditch, or any drainage facility or system. 2. Conditional Uses Other uses are permitted only upon application 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. Commercial Structures. Commercial, manufacturing, and industrial struc- tures 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 accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be floodproofed to FP -1 or FP -2 classification as defined by the State Building Code. Structures floodproofed to FP -3 or FP -4 classifi- cation 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 -24- PLYMOUTH ZONING ORDINANCE Section 6 by the Board of Adjustment. In granting a variance, the Board shall specify limitations 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 applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. SUBDIVISION G - GENERAL FLOOD PLAIN DISTRICT (GFP) 1. Permitted Uses Permitted uses shall include those uses permitted by Subdivision E, 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 H, paragraph 3, the City Council shall deter- mine 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 E of this Ordinance shall apply. If it is determined the proposed use lies in the flood fringe, the provisions of Subdivision F shall apply. SUBDIVISION H - ADMINISTRATION I. 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, struc- ture, 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. -25- PLYMOUTH ZONING ORDINANCE Section 6, Subdivision H 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 dupli- cate 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 this Section. The applicant shall oe required to submit certification, by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood - proofing measures shall be certified 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 Administrator shall main- tain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures r. the flood plain districts. The Zoning Administrator shall also maintain a record of the elevations to which structures or additions 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 treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions 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. :n the General Flood Plain District, applicants shall provide information required in SUBDIVISION H. paragraph 3, and the subdivision shall be evaluated in accordance with the procedures therein. G. Public Utilities. All public utilites 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 Flooc' Protection Elevation. H. Railroads, Roads, and Bridges. Railroad tracks. roads, and bridges to be located within the floodway shall comply with this Ordinance. ,n all flood plain districts, elevation to the regulatory flood protection -26- PLYMOUTH ZONING ORDINANCE Section 6, Subdivision H 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 func- tioning 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 dis- tricts, 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 from 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 allowing 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 so that the Commissioner 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 (10) days of such action. 3. Procedures for Evaluating Proposed Conditional Uses Within the General Flooda n 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 in the floodway or the flood fringe. 1) A typical valley cross-section showing the channel of the stream, e evat on of landareas a Roning each side of the channel, cross- sectional areas to be occupied by the proposed development, and high water information. 2) Plan (surface view) showing elevations or contours of the ground; -27- PLYMOUTH ZONING ORDINANCE Section 6, Subdivision H 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 it qe—o7 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 to convey the regional flood with- out increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed. C. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. 4. Procedures to be foil Permit AoDlicationsE the City Council in Passing on Conditional U! T710od Plain UTs ricts A. Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: 1) Plans in triplicate drawn to scale showing the nature, location, mensions, and elevation of the lot, existing or proposed struc- tures, 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, flood - proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. B. Transmit one copy of the information described in Subsection A (1) and (2) to a designated engineer or other expert person or agency for tech- nical 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. -28- PLYMOUTH ZONING ORDINANCE Section 6, Subdivision H 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. 5. Factors Upon Which the Decisions of the City Council Shall be 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 ern.,:--hmen+-. B. The danger that materials 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 proposed use with existing development and development anticipated in the foreseeable future. I. The relationship of the proposed use of 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 facilites. -29- PLYMOUTH ZONING ORDINANCE Section 6, Subdivision H B. Limitations on period of use and operation. C. Imposition of operational controls, sureties 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 laterial 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 mortors 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 water. 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 floating 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 escape of toxic materials into flood waters. -30- PLYMOUTH ZONING ORDINANCE Section 6 SUBDIVISION I - NONCONFORMING USES I. 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 recon- structed 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 H, 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 H, 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 J - 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 in 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 excep- tions 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 Commission of Natural Resources prior to adoption. Changes to the Flood Overlay Districts of the Official Zoning Map also require prior approval by the Federal Insurance Administrator. -31- PLYMOUTH ZONING ORDINANCE SECTION 7 - RESIDENCE DISTRICTS SUBDIVISION A - 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 provided 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 Tot 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 appro- priate in each area against unduly heavy traffic volumes. 7. To encourage a variety of dwelling types and wide range of population densities consistent with the Comprehensive Plan. 8. To preserve and enhance the natural environment as land becomes urbanized. SUBDIVISION B - INTENT The specific intent of each Residence District is as follows: 1. FRD Future Restricted Development District This District is intended for areas where urban public utilities 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 agricul- tural 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 FRD LANDS TO RESIDENTIAL AND NONRESIDENTIAL URBAN TYPE USES INDICATED IN THE COMPREHENSIVE PLAN WILL BE CONSIDERED WHEN THE REQUIRED PUBLIC FACILITIES AND SERVICES ARE SCHEDULED TO BE EXTENDED OR PROVIDED. -32- PLYMOUTH ZONING ORDINANCE Section 7 2. R -1A Low Density -Single Family Residence District is District is intended to preserve, create, and enchance 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 7FT131strict is intended to provi a areab that will allow a mixing of two-family homes with areas of predominantly small lot, single family character at a density range of 2 to 3 dwelling units located on the fringes of walking neighborhoods within the Low Medium Density Resi- dential areas indicated in the Comprehensive Plan and served with public services and facilities. 4. R-2 Low Density Multiple Family Residence District This District is intended to create low density areas at about 3 to 5 dwelling units per acre with a broad range of housing types in those areas within the Low Medium Density Residential areas in the Compre- hensive Plan and where properly related to other land uses and thor- oughfares and where public services and facilities are available. 5. R-3 Medium Densit Multi le Family Residence District his istrict is intended to allow the develop—n-e-517-67 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 Hi h Density Multi le Family Residential District is istrict is intended to create, preserve, and enchance 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 C - 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: P - Permitted Uses C - Uses by Conditional Use Permit A - Accessory Uses -33- PLYMOUTH ZONING ORDINANCE Section 7, Subdivision C DISTRICTS USES FRO R -1A R -1B R-2 R-3 R-4 1. P P P C C C - Single family detached dwelling 2. -- -- C C C C - Two family dwellings 3. -- -- -- C C C - Townhouses (not to exceed six (6) units per buildings) 4. -- -- -- C C C - Multiple dwellings, apartments (not to exceed six (6) units per building) 5. -- -- -- -- C C - Multiple dwellings, apartments (not to exceed twelve (12) units per building) 6. -- -- -- -- -- C - Multiple dwellings, apartments 7. -- C C C C C - Planned Unit Development (P.U.D.) as regulated in Section 9 8. -- -- -- C C -- - Mobile Home Parks 9. P C -- -- -- -- - Agriculture, the keeping of one or more horses, nurseries, greenhouses for growing only, landscape gardening and tree farms, including sale of products grown on premises. 10. C C C C C C - Parks and recreational areas owned or operated by public bodies, other than the City of Plymouth. 11. P P P P P P - Golf courses (except club houses, mini- ature courses and driving tees operated for commercial purposes) 12. C C C C C C - Private recreation including golf club house, country club, swimming or tennis club 13. -- C C C C C - Public schools or equivalent private school 14. -- C C C C C - Churches or other religious or philan- thropic institutions, cemeteries 15. -- 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. -34- PLYMOUTH ZONING ORDINANCE Section 7, Subdivision C 51-11 DISTRICTS USES FRD R -1A R -1B R-2 R-3 R-4 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 industrial 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 - Railroad rights of way 22. C C C C C C - Cemetery 23. -- C C C C C - Temporary real estate office (until development is completed). See Subdivision F 24. -- -- -- -- -- C - Boarding and lodging houses 25. -- -- -- -- -- C - Convalescent and nursing homes 26. -- -- -- -- -- C - Hospitals 27. -- -- -- -- -- C - Private clubs and lodges (except those carried on as a business type use) 28. C -- -- -- -- -- - Riding academies 29. C -- -- -- -- -- - Dog 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 agricul- tural buildings 32. P P P -- -- -- - Residential Care Facilities licensed by the state and regulated, located, and operated per state statutes 33. A A A A A A - Keeping of not more than two (2) boarders or roomers by a resident family 51-11 PLYMOUTH ZONING ORDINANCE Section 7, Subdivision C -36- DISTRICTS USES FRD R -1A R -1B R-2 R-3 R-4 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 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 -36- PLYMOUTH ZONING ORDINANCE Section 7 SUBDIVISION D - SCHEDULE OF LOT AREAS, DEPTH, WIDTH, COVERAGE, SETBACKS, AND HEIGHT REGULATIONS IN RESIDENCE DISTRICTS I. Minimum Lot Area per Dwelling 4,500 in Square Feet 15,000 a. Dwellings in a Subdivision -- -- 9,250 9,250 Unit Project 5,000 b. Dewl l i ngs , one family 6,000 c. Dwellings, two family 3 Ac. d. Dwellings, over two family 200 e. Other Uses 200 f. Minimum total lot area for 90 90 more than 2 units per 50 -- structure 100 g. Dwellings in a Residential 80 -- Planned Unit Development 2. Minimum Lot Depth in Feet 130 a. Dwellings, one family 200 b. Dwellings, two family 200 c. Dwellings, over two family 20% d. Other uses 3. Minimum Lot Width in Feet 15 a. Dwellings, one family 20*** b. Dwellings, two family c. Dwellings, over two family d. Other uses 4. Maximum L.ot Coverage of all tructures 5. Minimum Front Yard in Feet ** a. Dwellings, abutting an Arterial Street b. Other Uses c. Dwellings, one or two family d. Dwellings, over two family 6. Minimum Side Yard in Feet ** a. Dwellings, one or two family b. Dwellings, over two family c. Other Uses d. Other Uses abutting residences e. Detached accessory uses f. Attached accessory uses FRD R -1A R -1B R-2* R-3* R-4* -- 11,000 11,000 6,000 4,500 2,500 5 Ac. 18,500 15,000 15,000 7,200 6,000 -- -- 9,250 9,250 6,000 5,000 -- -- -- -- 6,000 4,000 5 Ac. 3 Ac. 3 Ac. 3 Ac. 3 Ac. 3 Ac. -- -- -- 1 Ac. 1 Ac. 1 Ac. As shown on the Approved Final Plan 300 120 120 120 100 100 -- -- 130 130 120 120 -- -- -- 130 130 130 300 200 200 200 200 200 300 110 90 90 50 50 -- -- 100 100 80 80 -- -- -- 130 130 130 300 200 200 200 200 200 -- 20% 20% 20% 20% 20% (Applies to Each Street Frontage) 50 50 50 50 50 50 100 50 50 50 50 50 50 35 35 35 35 35 -- -- 50 50 50 50 15 15 10 20*** 20*** 20*** -- -- -- 15 20 25 30 30 30 30 30 30 50 50 50 50 50 50 15 6 6 20*** 20*** 20*** 15 15 10 20*** 20*** 20*** -37- PLYMOUTH ZONING ORDINANCE * See Subdivision E 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 principal structures **** See Section 10, Subdivision C for further height regulations and modifications SUBDIVISION E - LOT AREA CREDITS AND ALLOWANCE FOR DWELLINGS IN R-2, R-3 and 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; no 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) square feet when the full credits of numbers 1-5 below are earned, and; shall not exceed one -thousand (1,000) square feet when number 6 below is earned only, as follows: I. For each parking space provided within the building or underground, per unit in excess of Zoning Ordinance requirements, subtract four - hundred (400) square feet per dwelling unit. -38- Section 7, Subdivision D FRD R -1A R-18 R-2* R-3* R-4* 7. Minimum Rear Yard in Feet ** a. Dwellings, one or two family 25 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 50 e. Detached accessory uses 25 6 6 15 15 15 f. Abutting an arterial street 50 50 50 50 50 50 8. Maximum Building Height in eet * ** a. Principal Structure 35 feet or 3 stories, whichever is greater for all districts b. Accessory Structure 35 15 15 25 25 25 9. Minimum Distance Between Principal Buildings on Same Lot 35 35 (or standards of the State Building Code, whichever is greater) * See Subdivision E 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 principal structures **** See Section 10, Subdivision C for further height regulations and modifications SUBDIVISION E - LOT AREA CREDITS AND ALLOWANCE FOR DWELLINGS IN R-2, R-3 and 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; no 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) square feet when the full credits of numbers 1-5 below are earned, and; shall not exceed one -thousand (1,000) square feet when number 6 below is earned only, as follows: I. For each parking space provided within the building or underground, per unit in excess of Zoning Ordinance requirements, subtract four - hundred (400) square feet per dwelling unit. -38- PLYMOUTH ZONING ORDINANCE Section 7, Subdivision E 2. If the site upon which the multiple dwelling is being constructed is adjacent to a site zoned for a business or industrial use, subtract three -hundred (300) square feet per dwelling unit. 3. If the multiple residence site adjoins an arterial street having an average traffic volume per day in excess of 10,000 vehicles, subtract four -hundred (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- thcusand (1,000) square feet per dwelling unit. 5. 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. 6. Where a residential development contains dwellings affordable to families and individuals of low and moderate income, as defined by most current 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 -1A Residence District, add three - hundred (300) square feet per dwelling unit for that portion of the multiple dwelling site withir one -hundred fifty (150) feet of the R -1A Residence District. 8. For each unit containing bedrooms in excess of two (2), add three - hundred (300) square feet per dwelling unit. SUBDIVISION F - STANDARDS FOR RESIDENCE DISTRICTS 1. Site Plan For all permitted developments in the Residence Districts, except those contain - Ing only permitted 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 11, Subdivision A. 2. Projecting Air Conditioning and Heating Units -- Multiple Dwellings and Rooming Houses Air conditioning or heating units projecting through exterior 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 twelve 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. -39- PLYMOUTH ZONING ORDINANCE 3. Trash and Refuse Disposal Section 1, Subdivision F a. 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 incinerator located in a proper roon in the basement or ground floor level. Provisions must be made to deliver residual trash to grade level for pickup. b. The storage of trash shall be within principal buildings or otherwise shall be within an accessory enclosure complete with roof and walls of compatible exterior fi ni .h as the main structure and screened from all Residence Districts with an adequate buffer. 4. Elevators Except for residences with private entrances, of three stories or more shall be equipped with and lobby for every sixty (60) apartment units more than 150 feet from an elevator, but in no case elevator be provided. 5. Accessory Buildings -- Multiple Dwellings multiple residence buildings at least one public elevator with no dwelling unit door shall less than one Accessory buildings shall observe the same setback requirements 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 dwellings shall have the same exterior finish as the main structure. 6. Recreation and Open Space Residential developments shell 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. 7. Temporary Real Estate Sales Offices A temporary real estate sales office in a model home, for sales in an approved development until that development is completed, may be approved in conjunction with the final plat. A site plan shall be submitted, including signage and parking facilities. Street access shall be from approved internal streets; any public improvements serving the use shall not involve improvements assessable outside the development; signs shall be as approved with the site plan; and no residential occupancy shall be certified until the structure has been fully converted to a residence. The use shall be subject to the Conditional, Use Permit Issuance standards in Section 9, Subdivision A. -40- PLYMOUTH ZONING ORDINANCE Section 1, Subdivision F SUBDIVISION G - GENERAL REGULATIONS Additional regulations in the RESIDENCE DISTRICTS are set forth in Section 10. -41- PLYMOUTH ZONING ORDINANCE SECTION 8 - NON -RESIDENCE DISTRICTS SUBDIVISION A - PURPOSE AND INTENT: BUSINESS DISTRICTS 1. The Business Districts are established to accomplish the general purpose of the Ordinance and the Comprehensive Plan and for the following specific reasons: a. To group compatible uses which will tend to draw trade that is naturally interchangeable and so promotes the business prosperity and public convenience. b. To provide an adequate supply of businesses and professional services to meet the needs of the residents. c. 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. d. To allow business development that meets the size, locational 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: a. 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 resi- dential districts for the location and development of administrative office buildings 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 the public and no exterior display or selling of merchandise to the general public. Such districts will generally be located within the areas indicated for such use on the Comprehensive Plan. b. 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 orgainized 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. c. The B-3 SERVICE BUSINESS DISTRICT is designed to furnish areas served by other business districts with wide range of services and goods which might otherwise be incompatible with the uses permitted in the shopping center business 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 proximity to an arterial street or highway in order that service types of land use can be provided, generally within the areas indicated for such use on the Comprehensive Plan. -42- PLYMOUTH ZONING ORDINANCE Section 8 SUBDIVISION B - ALLOWABLE USES: BUSINESS DISTRICTS Within the Business Districts, no building or land shall be used except for one or more of the following uses providing they comply with the performance standards set forth in Subdivisions F and G of this section. Letter designations shall be interpreted as meaning: P - Permitted Uses C - Uses by Conditional Use Permit A - Accessory Uses DISTRICTS USES - Auto: minor repair, service, parts, wash, rental. Marine and machinery: sales, minor repair and service, parts, wash and rental. - Auto sales and najor repair. - Boarding and lodging houses, convalescent and nurshing homes with public sewer and water. - Bus/transit station or terminal without vehicle storage. - Business, commercial or trade schools. - Clinics, medical office. - Commercial recreation such as bowling alleys, billiard halls, miniature golf, etc. - Day care center or nursery school. - Dry cleaning and laundry establishments with no more than four (4) employees for cleaning or pressing. - Dry cleaning and laundry collection stations, and self-service. - Essential services. - Essential service buildings. - Equipment rental. - Financial institutions. - Greenhouses and nurseries with retail sales. - Hospitais. - Laboratories - medical. dental. - Mortuaries. funeral homes, monument sales. - Motel. hotel or apartment hotel. - Off -sale liquor stores. - Offices, administrative, executive, professional, governmental, medical. research, without merchandising services. - Offices: (as above) with merchandising services. - Personal service and repair establishments such as barber and beauty shops, shoe repair. etc. -43- B-1 B-2 B-3 Office Limited Retail Service 1. --- C C 2. --- --- C 3. C --- --- 4. P P P 5. P P P 6. P P P 7. --- C C 8. C C C 9. --- P P 10. --- P P 11. P P P 12. C C C 13. --- --- C 14. P P C 15. --- C P 16. C --- --- 17. P P P 18. C C P 19. C --- C 20. --- P P 21. P P P 22. C P P 23. C P P - Auto: minor repair, service, parts, wash, rental. Marine and machinery: sales, minor repair and service, parts, wash and rental. - Auto sales and najor repair. - Boarding and lodging houses, convalescent and nurshing homes with public sewer and water. - Bus/transit station or terminal without vehicle storage. - Business, commercial or trade schools. - Clinics, medical office. - Commercial recreation such as bowling alleys, billiard halls, miniature golf, etc. - Day care center or nursery school. - Dry cleaning and laundry establishments with no more than four (4) employees for cleaning or pressing. - Dry cleaning and laundry collection stations, and self-service. - Essential services. - Essential service buildings. - Equipment rental. - Financial institutions. - Greenhouses and nurseries with retail sales. - Hospitais. - Laboratories - medical. dental. - Mortuaries. funeral homes, monument sales. - Motel. hotel or apartment hotel. - Off -sale liquor stores. - Offices, administrative, executive, professional, governmental, medical. research, without merchandising services. - Offices: (as above) with merchandising services. - Personal service and repair establishments such as barber and beauty shops, shoe repair. etc. -43- PLYMOUTH ZONING ORDINANCE Section 8, Subdivision B 1. The Planned Industrial District is established to accomplish the general purpose of the Ordinance and the Comprehensive Plan and for the following specific reasons: a. Develop major centers or complexes in separate areas to allow for distribu- tion of peak period traffic, efficier! access, effective distribution of primary water and sewage facilities and proper utilization of land suited for industrial development. b. Prevent expansion of scattered industrial operations. Kill DISTRICTS USES B-1 B-2 B-3 Office Limited Retail Service 24. --- P P - Pet and animal shop, clinics, taxidermists. 25. C C C - Planned Unit Development (PUD) as regulated in Section 9. 26. --- C P - Plumbing ana heating - showrooms and shops. 27. C C P - Printing, publishing and related distribution agencies. 28. C P C - Private clubs and lodges. 29. --- C C - Public Garage, (Parking) . 30. C C --- - Religious or philanthropic institutions. 31. C C C - Residential uses necessary for security and secondary to the allowable use. 32. C P P - Restaurants (Class I). 33. --- C C - Restaurants (Class II) as secondary to the allowable use. 34. C C C - Repair and service uses when secondary to the allowable use. 35. --- P 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 - Theaters (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 C - PURPOSE AND INTENT: INDUSTRIAL DISTRICTS 1. The Planned Industrial District is established to accomplish the general purpose of the Ordinance and the Comprehensive Plan and for the following specific reasons: a. Develop major centers or complexes in separate areas to allow for distribu- tion of peak period traffic, efficier! access, effective distribution of primary water and sewage facilities and proper utilization of land suited for industrial development. b. Prevent expansion of scattered industrial operations. Kill PLYMOUTH ZONING ORDINANCE Section 8, Subdivision B C. Allow mining and extraction operations by conditional use permits to assure planning for maintenance of the land for subsequent use. d. Limit most industrial uses to planned industrial parks where uniform per- formance standards and land use regulations can be applied. e. Protect industrial areas from encroachment by non -industrial use. f. Allow a limited amount of Service/Business uses, by conditional use permit, which are essential to the operation of the Planned Industrial District and which provide essential services to employees within the District. 2. The I-1 PLANNED INDUSTRIAL DISTRICT is intended to allow for industrial opera- tions with high standards for site development and use performance. Permitted and conditional uses shall be compatible with the character of development in proximate areas. The development types and locational criteria of the 1-1 District shall be as set forth in the Comprehensive Plan. SUBDIVISION D - ALLOWABLE USES: INDUSTRIAL DISTRICTS Within an 1-1 PLANNED INDUSTRIAL DISTRICT, no building or land shall be used except for one or more of the following uses, providing they comply with the performance standards set forth in Subdivision G of this Section. 1. PERMITTED USES Any manufacturing, production, processing, cleaning, storage, servicing, repair or testing of materials, goods or products that is wholly contained within a building and which meets and maintains all environmental standards established by the State of Minnesota Pollution Control Agency. 2. CONDITIONAL USES a. Any permitted or accessory industrial use not conducted within a building including storage of materials, products and vehicles. b. Retail and service establishments essential to the operation of this district &nd providing goods and services which are primarily for the use of persons employed in the district. c. Offices for administrative, executive, professional, research, sales repre- sentatives, or similar orgainzation, and generally compatible with the industrial district. d. Residential structures and related residential uses necessary for security and safety reasons in relation to a principle use. e. Planned Unit Development (P.U.D.) as regulated in Section 9. -45- PLYMOUTH ZONING ORDINANCE Section 8, Subdivision D 3. ACCESSORY USES a. All secondary uses customarily incident to the permitted or conditional uses listed. b. Off-street parking and loading as herein regulated. c. Signs as herein regulated. -46- PLYMOUTH ZONING ORDINANCE Section 8 SUBDIVISION E - SCHEDULE OF NON -RESIDENCE DISTRICT REQUIREMENTS FOR LOT AREA, DEPTH, WIDTH, 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 5 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 150 200 150 150 5. Maximum Lot Coverage by all 25% 25% 35% 35% *** Structures 6. Minimum Front Yard Setback 50 50 50 50 in Feet* 7. Minimum Front Yard Setback 75 75 75 75 if across Collector or Minor Street from any Residence District* 8. Minimum Side Yard Setback 15 35 15 25 in feet 9. Minimum Side Yard Setback if 75 75 75 75 Adjacent to any Residence District 10. Minimum Rear Yard Setback 25 35 25 35 in feet Minimum Rear Yard Setback if 75 75 75 75 _11. Adjacent to any Residence District 12. Maximum Building Height 4 2 2 4 in 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 setback ** See Section 10, Subdivision C for further height regulations and modifications *** See Section 10, Subdivision C for special provision for expansion in the I-1 District -47- PLYMOUTH ZONING ORDINANCE Section 8 SUBDIVISION F - ADMINISTRATIVE PROCEDURE FOP. DEVELOPMENT OF NON-hESIDE NCE 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, as set forth in Section 11. 2. Upon finding that the proposed :ening 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 establishing the zoning change. A0y substantia; change to the General Development Plan will require resubmission to the Planning Commission for review and the City Council for approval. 3. 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. 4. Prior to obtaining a building permit or constructing any building improve- ments 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. 5. 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 G - PERFORMANCE STANDARDS 1. Intent It is the intent of this Subdivision uses and related activities shall be appearance from streets and adjoining such use shall be a good neighbor to the following: 2. Standards to provide that all non-residential established and maintained with proper properties and to provide that each adjoining properties by the control of a. Landscaping. All yard areas shall either be open areas or be left in a natural state. Yards to be shall be landscaped attractively with lawn, trees, in accordance with the adopted Policy establishing Standards and Criteria for Urban Development. Any -48- landscaped and green landscaped shrubs, etc. Minimum Landscape areas left in a natural PLYMOUTH ZONING ORDINANCE 2 (continued) Section 8, Subdivision G state shall be kept free of litter, debris, and noxious weeds. Yards adjoining any of the Classes of Residence Districts shall contain a buffer or screen 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 differentiated from general illumi- nation, shall not be visible at any property line. c. Exterior Lighting. Any lights used for exterior illumination shall not be visible at any property line. d. Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration 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 frequencic; beyond the "safe" range of Table VII United States Bureau of Mines Bulletin No. 422, "Seismic 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. (1) The design, construction, and performance of all non-residential uses shall be in conformance with City, County, and State of Minnesota standards and regulations. (2) 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. f. All public rights-of-way within NON -RESIDENCE DISTRICTS shall be constructed to a nine -ton street design. 3. 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 organization 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 investigation or testing shall be paid by the owner or operator. -49- PLYMOUTH ZONING ORDINANCE Section 8, Subdivision H SUBDIVISION H - GENERAL REGULATIONS Additional regulations in the NON -RESIDENCE DISTRICTS are set forth in Section 10. -50- PLYMOUTH ZONING ORDINANCE SECTION 9 - CONDITIONAL USES The City Council may by resolution grant Conditional Use Permits when such Permits are authorized by other sections of this Ordinance and may impose conditions and safeguards in such Permits to protect the health, safety and wel- fare of the community and assure harmony with the Comprehensive Plan of the City. SUBDIVISION A - 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 by City Code and shall include the following information: a. A description of the proposed use. b. A legal description of the property including plat and parcel number. c. A complete site plan, as described in Section 11; provided that in the case of home occupations, an accurate drawing of the lot may be used. d. A map showing the property in question and all property within 500 feet of the boundaries of the property in question. e. The names and addresses on self-adhesive mailing labels of the owners of record of all property within 500 feet of the boundaries of the property in question as the same appear on the records of the Hennepin County Auditor. f. Any other information required by the Zoning Administrator, Planning Commission or Council. 2. 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 shall hold a public hearing on the proposal to issue a Conditional Use Permit in the manner provided in Section 11, Subdivision A. 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. 3. 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 Section 11, Subdivision A. In considering applications for Conditional Use Permits under this Ordinance, the Council shall consider the advice and recommendations 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 conditions, including parking -51- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision A 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 a ppliant 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 ordi- nances 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 with the general purpose and intent of this Ordina;re and the Comprehensive Plan, the City Council may grant such permits and may impose conditions and safeguards therein. The Zoning Adminis- trator 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. -52- PLYMOUTH ZONING ORDINANCE SUBDIVISION B - PLANNED UNIT DEVELOPMENT (PUD) 1. 2. Section 9 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 districts in accordance with the provisions and regulations contained herein, the intent and purpose of the Comprehensive Municipal Plan, the general intent of the districts in which the development is proposed, and generally in ac:ordance with the "Community Structure Concept" of the Comprehensive Plan. b. 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 tha n might otherwise be possible should development occur under strict application of the zoning ordinance regulations for a particular district. c. The benefit to -the 'developer is one of design and development 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 area or the City in total. Expected attributes are: 1) Benefits from new technology in building design, construction 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. 4) More useable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures. d. The provisions for P1•r,jed Unit Developments in this section are applied in two separate and distinct forms: a Residential Planned Unit Develop- ment (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 non -residence districts and may or may not include one or more R Districts. 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: -53- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision 6 1) Those uses listed as permitted or conditional uses in the District(s) in which the development is proposed. 2) A variety of housing types allowable in any one Residence Zoning District may be provided in any of the Residence Zoning Districts within a R.P.U.D., subject 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 P,.P.U.D., provided such uses are designed and intended primarily for use of the residents in the development and not in conflict with the intent of the Comprehensive Minicipal Plan as to maintaining the integrity of the neighborhood concept. b. Within a M.P.U.D. no land or building shall be used except for one or more of the following uses: 1) Those uses listed as permitted or conditional uses in the Zoning District(s) in which the development is 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 this Ordinance. 3. Area, Density, Setback, Height and Lot Coverage Regulations a. Area and Density Regulations 1) The minimum total land area shall be not less than forty (40) acres. Lots of less than forty (40) acres may qualify only if the applicant can show that the minimum area requirement should be waived because a P.U.D. is in the public interest and that one or both of the following conditions exist: a) 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 impor- tance to the neighborhood or community. b) The property adjoins property that has been developed under the provisions of this section and will contribute to the amenities of the neighborhood. 2) The total number of dwelling units allowed in a development 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 after recommendations are made by the Planning Commission and approval given by the City Council. -54- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B 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. The specific allowable gross density shall be for only that land above the high water elevation established by the adopted City Storm Water Drainage Plan as verified by the City Engineer. 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 indicated on the Bonus Point Table in this section. b. Front, Rear and Side Yard Building Setback Regulations: Building setbacks from all property standards of this ordinance except on the approved final P.U.D. plan. c. Building Height Regulations lines shall conform with the as otherwise authorized and shown Height limitations for any building in a P.U.D. shall be as shown on the approved P.U.D. Plan. -55- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B BONUS POINT CALCULATION TABLE Number of Bonus Points -5 -4 -3 -2 -1 0 1 2 3 4 5 6 7 8 9 10 Land Use Permitted Gross Density Per Acre TvDe LA -1 1.5 1.6 1.7 1.8 1.9 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.6 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 4.0 4.2 4.4 4.6 4.8 5.0 - LA -3 i;.8 3.0 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0 8.5 9.0 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 16.0 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: (a) 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 less 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. (c) The project provides a variety of housing types to include a substantial mix of attached, detached and apartment -type dwelling units -- 0-2 points. (d) The project clearly demonstrates affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics -- 0-2 points. -56- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B 4. Building and Site Design, Construction, Maintenance, and Transition 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 buildings 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 proposed time for beginning and completion of each stage. Such sequence 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 utilities, 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 worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site. In evaluating each individual proposal, the recognition 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 stated purpose 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 -57- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B of such land and buildings shall enter into an agreement with the City to assure the continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following, depending which is more appropriate: 1) Dedicated to public where a neighborhood wide use would be anticipated. 2) Owner control when property not subdivided. 3) Property Owner's Association, provided all of the following conditions are met: a) The Property Owner's Association must be established prior to any sale. b) Membership must be mandatory for each owner, and any successive buyer. c) The open space restrictions must be permanent, not for a given period of years. d) The Association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities. e) 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. f) 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 residential dwellings, non-residential uses and public facilities as are necessary for the welfare of the Planned Unit Development and are consistent with the best interest of the entire City. All 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 specifi- cations and standards for streets, utilities and services may be subject to minor modifications from the specifications and standards M-11 PLYMOUTH ZONING ORDINANCE Section 9, Subdivision E 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 Building 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 electrical 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.: P.U.D. Street Design Standards Street Description Residential Non -Residential Traffic (ADT)* Less than 400 400-1,000 Over 1,000 Pavement Width** in feet No Parking 20' 26' 44' 44' Parking One Side 26' 32' 44' 44' Presumed or Actual Right of Way Width 40'44' 44'-50' 60'-66' 60'-70' Sidewalks*** None One or Both Sides One or Both Sides Street Slope**** 0.5%-10% 0.5%-10% 0.5%-8% 0.5%-8% Anticipated Speed 20 25 30 30 Axle Load Design***** 7 ton 7 ton 9 ton 9 ton *ADT (Average Daily Traffic) is used as a measure of the number of vehicles using a road during an average 24-hour period. ' **Values shown are minimum. Conditions may require variations in pavement widths. ***Lack of specific requirements may make sidewalks on one or both sides of higher volume residential and of non-residential streets unnecessary. ****Values shown are a range. Topographic conditions may require variations. *****As defined in the Minnesota Highway Department Road Design Manual. -59- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B i. Transition Design for LA -1 Areas: 1) The City Council has determined that specific standards and guidelines are necessary and desired with respect to the transition of Residential Planned Unit Developments in areas guided LA -1; particularly where such development contains housing types other than single family detached dwellings. 2) The intent of the transition at the perimeter property line is to create, by design, the perception of a single family detached neighbor- hood. 3) Elements of the transition design may include: a) Existing topographical and vegetation features. b) Landscape plantings. c) Spatial buffering through yard setbacks and open space. d) Single family detached homes. e) Existing arterial streets. 4) The following standards shall apply as a guide to the use of various transition elements: a) As a single element,'two tiers/rows of single family detached dwellings with approved yard setback and site improvements may be used. b) An equivalent effect of the above single element may be created through the use of spatial buffering distance), berming, and landscaping. c) Sight lines and the spatial perspective of scale must be considered particularly where multi -story structures are involved so that the perception of the development from the perimeter is generally one of a one or two story roof line. d) Spatial buffering (distance) alone is not deemed to be an effectve transition, and must be supplemented with landscaping and bermi.�g. e) Use of rights-of-way will be considered as a part of the transition only in the case of existing arterial streets which have been installed at full design standards. X1111 PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B 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 that an option holder may apply for a P.U.D. provided his application is accompanied by a signed statement indicating no objec- tions 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 min -,mum 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 self-adhesive mailing labels of all the owners for parcels under consideration and of all owners within five hundred (500) feet, as the same appear on the records of the Hennepin County Auditor. 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 capabilities of proposed developer(s); other exhibit.,. relating to land characteristics that will affect the Concept 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 5.111 PLYMOUTH ZONING ORDINANCE d. (continued) Section 9, Subdivision B receive notice shall not invalidate the proceedings. The applicant shall be present to discuss the proposal and answer questions concerning 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 -she Concept Plan shall be limited to the general acceptability of the land uses proposed and their interrelationship. 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, which is mandatory if the subject property is in the FRD district; the names of area property owners on mailing labels as provided with the Concept Plan may be used, provided application is made within six months of the Concept Plan application date. 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 perspective 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 identified; analysis of the relationship of the proposed use of the existing natural conditions listed above. -62- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision D 11) Circulation - including vehicular and pedestrian movement throughout the site, relationship to the City Thoroughfare Guide 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 approximate 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 recommenda- tions 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 Council takes action on the P.U.D., Conditional Use Permit, Preliminary Plat and applicable Rezoning. The City Council may adopt the P.U.D., Conditional Use Permit, Preliminary Plat, and applicable Rezoning or any portion thereof, as it deems advisable. The approval shall be effective only if four-fifths (4/5) of all the members of the Council concur. 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 Administrator 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 is involved. A number shall be assigned each R.P.U.D. -63- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision E. and each M.P.U.D. in sequence through each year (i.e., R.P.U.D. 74-1...). If the subject property is to be rezoned, the ordinance implementing the authorized zoning change shall be adopted by the City Council but shall become effective upon publication following Council approval of the final plat and P.U.D. plan. 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. 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 placement, size, and type with existing and proposed topography 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 building plans, elevations and sections together with preliminary specifications. These plans and specifi- cations 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, by-laws or proposed Homeowner's Association and other documents controlling the Fuse of property, type of construction or development or the activities of future residents. -64- PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B 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 are 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 required bonds posted within eighteen months of the date said Final Plat and Development Contract 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, convenants 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. or M.P.U.D. No. , City of Plymouth. 6) All detailed Site Plans have been approved by the City Council. 6. General Regulations a. 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. -65- PLYMOUTH ZONING ORDINANCE b. Plan Changes: Section 9, Subdivision B 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 according 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 documents from the owner stating that he has no objections and is joining 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 consenting owners. f. Withdrawal: Any application for a P.U.D. may be withdrawn by the applicant at any time prior to filing the required Final Plat thereof as required in the Subidivision 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 or other applicable ordinances, laws, or regulations. -66- PLYMOUTH ZONING ORDINANCE Section 9 SUBDIVISION C - MOBILE HOME PARK DEVELOPMENT I. 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 accomplish a more efficient, aesthetic, and desirable de%elopment 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 B, Planned Unit Development, Paragraphs 5 and 6 of this Section. A Mobile Home Park Develop- ment, when included 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 requirements contained in "Minimum Design Standards for Mobile Hare Parks", June 1973 (H. U. D. Code No. 4940.5.) , and State Statute M.S. 327.14-327.67. The density of the development shall be consistent with that contained in the Comprehensive Pian and the Zoning District for which the property is zoned. 3. Responsiblities 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 super- vision to maintain 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 completely 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. -57- PLYMOUTH ZONING ORDINANCE SECTION 10 - GENERAL REGULATIONS SUBDIVISION A - 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 State highways; this Subdivision; and any other ordinance or regulations of the City, whichever has precedence. 1. Signs in FRD, R -IA, R-16, R-2, R-3 and R-4 (RESIDENCE DISTRICTS), of the 'following types, shall be permitted unless otherwise specMed 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 (8) feet in height and shall not be less than two -hundred (200) feet from any other sign. Directional signs, in any parking area necessary for the orJerly-move- ment of traffic provides that such sign shall not be used as advertising. space and shall not be illuminated, unless illumination is essential to the orderly flow of traffic. These signs shall be limited to four (4) square feet. b. 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 side yard. One name plate sign, not to exceed thirty-two (32) square feet in area for the following uses: grouping of five (5) er more dwelling units in one development, church, school, hospital, sanitarium, club, library or similar uses. Mimimum setback shall be twenty (20) feet from the front property line and shall not be permitted within any required side yard. c. 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 th:i contruction 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 identifying 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. -68- 2. 3. PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A 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 FRD (Future Restricted Development District) not to exceed sixty-four (64) square feet in surface area, not to exceed sixteen (1.6) feet in height, and not less than two -hundred (200) feet from any other sign. Signs in B-1 OFFICE - LIMITED BUSINESS DISTRICTS), of the following types, shall be permitteunless otherwise specifiedtwin: a. Signs as permitted and regulated in RESIDENCE DISTRICTS. b. Business signs 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. c. One name plate sign, not to exceed thirty-two (32) square feet in area for private educational institutions, community 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. Signs in B-2 (SHOPPING CENTER DISTRICTS), of the following types, shall be permitted unless otherwise specifiesherein: a. 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 buisness signs shall not exceed ninety-six (96) square feet in surface area or twenty (20) percent of a one-story 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 to 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. -69- 4. 5. PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A c. 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) square feet in surface area or thirty-six (36) feet in height. 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. Signs in B-3 (SERVICE BUSINESS DISTRICTS), of the following types, shall be permittedunTess�ise specifiedherein: a. Signs as permitted and regulated in RESIDENCE DISTRICTS. b. One (1) business sign located nn 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 building 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 arrange and dintegrated as to create a surface arca ir, excess of these limitations. Such signs shall not exceed thirty-six (36) feet in hP►ght. Signs in I-1 (PLANNED INDUSTRIAL DISTRICTS), of the following types, shall be permitted unless otherwise specified Fe—rein: a. Signs as permitted and regulated in RESIDEK-E DISTRIrTS. b. One (1) business sign located on the industrial property provided the total surface area shall not exceed `ive (5) percent of the building facing area, or ninety-six (96) s,aare feet in area, whichever is greater, nor shall two or more smaller sFgns 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. -70- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A c. Each industrial development of over twenty (20) acres shall be permitted one (1) pylon sign not over one -hundred sixty (160) square feet in sur- face 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 DISTRICTS 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 border and trim, but excluding base and apron supports and other structural members. Advertising signs visible from Interstate Highway 494 may be increased 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. 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 (1,300) 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. Measurements to determine the location 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 -1A, 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 setback areas if the conditions in 1, 2, 3 and 4 above are adhered to. -71- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A b. Advertising signs shall only be permitted within the B-3 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 establishments on the property or upon surrounding properties. 7. General Provisions: The following regulations shall apply to all signs hereinafter permitted in all districts as otherwise set forth in this Subdivision. 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 premises and provided that such illumination shall not be so placed as to cause confusion or hazard to traffic or conflict 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 s4gn 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. e. No sign shall be placed that resembles any official marker erected by a government agency 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. -72- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A h. Signs which by reason of deterioration may become unsafe or unsightly shall be repaired or removed by the licensee, owner or ow9er 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 subject to the provision of Subdivision C, paragraph 2-h of this Section. j. Temporary banners and stringers may be used for grand openings 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 usch occasions. There shall be no more than three (3) such 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. m. Political signs may be permitted for a period of not more than thirty (30) days before and five (5) days after an election. Political signs shall conform to this ordinance with permit, fee and setback requirements waived; provided such signs shall be located on private property with the owner's or lessee's consent, and the maximum size of a political sign shall be thirty-two(32) square feet. 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 ease- ments except that the City Council may, after a report from the Planning Commission, t, -rant 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 other- wise specified herein. -73- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision A q. The construction of all signs permitted by this Ordinance s^all be made it accordance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, which is hereby adopted ds part of the City Code. r. A setback distance in all districts for name plate sigi.s shall be twenty (20) feet minimum from property line. All other signs to conform to building setbacks unless specifically exempted. s. Signage for developments requiring general development plan or site plan approval by '-his ordinance should oe submitted with plans for review and approval by the Planning Commission and City Council. This includes nave plate signs for residential developments as allowed under this section and such signs should be submitted for review and approval concurrently with the preliminary plat or final plat. 8. Licenses and Perriit Fees: 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 T nspector 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 provisions 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 variances are necessary, such application shall be referred to the Board of Zoning Adjustment. b. The initial permit fee for all business, name plate and permanent directional signs shall be $15.09. There shall be no annual inspection fee for such signs. Any bufiness, name plate or permanent directional sign which has received a repay: 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 stall 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 sh:;`1 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 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. -74- PLYMOUTH ZONING ORDINANCE Section 10 SUBDIVISION B - OFF-STREET PARKING AND LOADING REGULATIONS 1. 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 Plan: Any application for site plan approval, for a building permit ')r for a Certificate of Occupancy shall include a plot plan drawn to scale and dimensioned showing off-street parking and loading space to be provided in compliance with this Ordinance. 3. Reduction and Uye 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 usP. 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, trash disposal containers, 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 FRD District, shall be prohibited. 5. 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 dimen- sional requirements for the design of parking areas are shown in Tabje 1. For any parking area of six (G) or more cars a suitable means of turn- around must be provided at maximum design capacity to avoid backing onto public streets. All loadial spaces shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicles it is designed to serve. b. Access: 1) Parking and loading ospace 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 inter- section. In FRD, R -IA and R -1B RESIDENCE DISTRICTS the minimum distance shall be twenty (20) feet. -75- PLYMOUTH ZONING ORDINANCE Section 10, Subdivison B 3) In B-1, B-2 and B-3 BUSINESS DISTRICTS, and I-1 INDUSTRIAL DISTRICT, direct access shall be provided to an arterial street as shown in the adopted City Thoroughfare Guide 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 park':ng 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. f. Landscaping: All required yards and parking areas shall be landscaped in accordance with the adopted standards and criteria policy. 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 curbing and proper surface drainage as required by the City Engineering Department, and adopted standards and criteria. 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 manner. 3) Storm water drainage from off-street parking facilities shall be collected internally and directly to the City Storm Drainage System as required by the City Engineering Department, and adopted standards and criteria. 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 and in this subdivision. -76- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B 2) Computing 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 determined 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 separating 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 differing parking standards based on potential occupancy, the standard providing the greatest amount of parking shall be applied exclusively. 5) Highway Oriented Businesses - Large Vehicles Business uses oriented toward freeway and trunk highway arterials such as, but not exclusively, motels, restaurants, and service stations shall provide parking spaces a nd.maneuvering areas for oversize vehicles such as trucks, recreation vehicles, and motor homes. The spaces and areas shall be sufficient to meet the requirements of the use and of the vehicles. One oversize parking space shall equal one standard parking space for computational purposes. Oversize vehicle parking and maneuvering areas shall not reduce the minimum required parking spaces on the site, and shall not obstruct the approved designated parking, driving and fire lane areas. -77- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B 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. j. Required Loading Areas: Loading and unloading areas for goods, supplies and services shall be sufficient to meet the requirements of each use. k. Singl? Family Residential Setbacks Waived Setback distance requirements for parking areas and driveways for single family detached dwellings are waived between the street right-of-way line and the actual front building line in the following cases: odd shaped lots and lots on cul-de-sac streets; driveway turn around areas; and shared driveways where both property owners are responsible for maintenance. Such waiver shall not result in undue encroachment upon another owner's rightful use and enjoyment of his property. I. Required Vehicle Stacking A-a for Drive-in Facilities Business establishments containing drive-in or drive -up facilities, including but not limited to Class II restaurants, banks, other financial institu" ms, and the like shall provide stacking area for vehicles on the si : .s follows: in the case of a single drive-up/drive-in facility, a min.mum of ten vehicle spaces shall be proviaed; in the case of more than one drive-up/drive-in facility, a minimum of six vehicle spaces per lane shall be provided. All such spaces shall be entirely on the site and shall be in addition to parking spaces required for the principal use by Table 2 in this subdivision. The vehicle stacking area shall not extend beyond the street right-of-way line and shall be delineated in such a manner that vehicles waiting in line will not interfere with nor obstruct the primary driving and parking facilities on the site. 1i� PLYMOUTH ZONING ORDINANCE TABLE 1 PARKING LOT DESIGN L 0 curb line M principle i B� / building 0 0 rear lot line Section 10, Subdivision B front lot line side lot line curb / line � 6 -AN, rIN, H K PARKING LAYOUT REQUIRED MINIMUM DIMENSIONS (in feet) FOR 9 -FOOT STALLS AT VARIOUS ANGLES On Dimension Diagram 45° 600 750 900 to I Width, parallel to aisle* . Sta 11 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 between stall lines D 12.0 16.0 23.0 26.0 Stall depth, interlock E 15.3 17.5 18.8 18.5 Module, edge of pavement to interlock F 44.8 52.5 61.3 63.0 Module, interlocking 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 of parking to lot line accessory building. Non -residence districts: 20 feet. 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 feet of parking to lot line Industrial Districts: 50 feet Setback of parking or drive N R-2, R-3 and R-4 Districts: 20 ft. from principle building All Non -Residence Districts: 10 ft. Front lot line to drive 0 All R and B Districts: 10 feet (landscape area) Industrial District: 25 feet Side and rear lot line to drive P Residence District: one and two family (landscape area) dwellings: 3 feet; other uses: as required for accessory buildings Non -Residence Districts: 15 feet * Required handicap stalls and ramps shall be per State Code. -79- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B TABLE 2 - SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES Number of Parking Spaces Required Per Unit of Measurement Use or Use Category No. Unit Residential Total Garage a) Dwellings All new dwelling units Single family 1.0 Two family 2.0 b) Townhouses c) Dwellings, Multi -family R-2, R-3 and R-4 District (except elderly) d) Dwel 1 i ngs , multi -family which are specifically designed and occupied exclusively by persons 60 years of age or older e) Boarding and lodging houses Education, Cultural and Institutional a) Churches, auditoriums and other places of assembly b) Jr. High, Elementary and Nursery schools c) Convalescence or nursing homes d) Hospitals e) Senior High Schools f) Municipal Administration Buildings, Community Center, public libraries, art galleries, museums, post office, etc. g) Golf course, tennis or swimming club, etc. 2.0 1.0 Dwe 11 i ng 1.5 1.0 Dwelling unit 1.0 Dwelling unit 1.0 4 beds 1.0 4 seats, main seating area 2.0 Classroom 1.0 4 beds 1.0 2 beds, each employee +1.0 on major shift 1.0 5 students at design capacity 1.0 300 sq. ft. floor area 20.0 principle building +4.0 200 sq. ft. floor area PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B -81- TABLE 2 CONTINUED - SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES Number of Parking Spaces Required Per Unit of Measurement Use or Use Category No. Unit Non -Residence Total a) Automobile, trailer, marine, implement, garden supply, building and material sales, 6.0 principle use, 500 sq. auto repair +1.0 ft. floor area over 1,000 b) Bowling alley 5.0 per alley c) Car wash, machine 25.0 (+5) per lane in excess of 1 d) Clinics 1.0 200 sq. ft. floor area e) Funeral homes 1.0 5 seats f) Furniture and appliance stores 1.0 400 sq. ft. floor area g) Multi -Story Office buildings Gross Floor Area (GFA)Spaces and financial institutions 0-20,000 Sq._Tt .- ------------G 00 other than banks 20,001-220,000 Sq. Ft. --GFA / (.0005 X GFA + 190) Over 220,000 Sq. Ft ------------------ GFA / 300 h) Single -Story Professional office buildings and 4.0 500 Sq. Ft. floor area animal hospitals +1.0 over 1,000 Sq. Ft. i) Restaurants (Class I), 1.0 2.5 approved seats night clubs, clubs j) Restaurants (Class II) 1.0 2.5 approved seats 1.0 15 sq. ft. public service and counter area k) Retail and service 10.0 1,000 sq. ft. floor area establishments, banks 1) Service garages and manual 4.0 Stall in addition to car wash +2.0 gas pump area m) Service garages for major 4.0 Stall in addition to auto repair +1.0 per stall n) Shopping Center 6.0 1,000 sq. ft. floor area (B-2 District) -81- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B TABLE 2 CONTINUED - SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES Number of Parking Spaces Required Per Unit of Measurement Use or Use Category No. Unit Non -Residence Total o) All other commercial 10.0 1,000 sq. ft. floor area +1.0 each employee on major shift p) Theater, assembly hall, auditorium or sport arena 1.0 4 seats q) Warehousing 1.0 Two employees of the largest shift or 1.0 2,000 sq. ft. of floor area - whichever is greater r) Wholesaling 1.0 each employee on largest shift or 1.0 2,000 sq. ft. of floor area - whichever is greater +1.0 each company motor vehicle on premises s) Research, experimental or 1.0 each employee on major shift testing station or 1.0 each 500 sq. ft. floor area - whichever is greater t) Manufacturing or processing 1.0 each employee on major shift plant or 1.0 350 sq. ft. floor area - whichever is greater +1.0 each company motor vehicle on premises u) Motels, Hotels --excluding 1.0 Sleeping unit restaurants, night clubs, 1.0 Each day shift employee* etc. covered by this section 1.0 Forty sq. ft. of meeting and/or banquet rooms *If the number of day shift employees is not known, the following formula may be used: one employee for each twelve sleeping rooms for establishments with less than 100 total sleeping rooms; one employee for each 16 sleeping rooms for establishments having over 100 total sleeping rooms. T*41 PLYMOUTH ZONING ORDINANCE Section 10 SUBDIVISION C - ADDITIONAL REQUIREMENTS, FXCEPTIONS AND MODIFICATIONS I. Height Regulations: a. Where the average slope of a lot is greater than one (1) foot rise or fall in seven (1) feet of horizontal distance from the established elevation or the property line, one (1) story in additional 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 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 limitations shall be allowed, except by Conditional Use Permit. 2) The building or portion thereof with increase height shall not be adjacent to nor closer than three hundred (300) feet to any lot in any R-1, R -1A, 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. -83- . ,, PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C 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 improve- ments. Upon consideration by the Planning Commission and subse- quent 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 require 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: a. 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: 1) Cornices, canopies, or eaves may extend into the required front yard a distance not exceeding four (4) feet, six (6) inches. 2) Fire escapes may extend into the required front yard a distance not exceeding four (4) feet, six (6) inches. 3) 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 entrance floor of the building. An open railing may be placed around such place. 4) The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project into the required side yard distance. 5) When a future public street alignment and/or right-of-way width is known, as indicated on the adopted City Thoroughfare Guide Plan, the front yard setback(s) of a proposed structure shall be measured from the known future right-of-way. B. A wall, fence or hedge may occupy part of the required front, side or rear yard. C. On double frontage lots, the required front yard shall be provided on both streets. d. 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. e. 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 inter- section and a point twenty (20) feet from the intersection and the third side of which is the line betweeoi the latter two points. -84- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C f. 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: 4. 5. 6. In all CLASSES OF BUSINESS AND INDUSTRIAL DISTRICTS, all required yards shall either be open landscaped and green areas or be left in a natural state, except as provided by Subdivision B, paragraph 5(f) of this Section. Yards to be landscaped shall be landscaped attractively with lawn, trees, shrubs, etc., in accordance with the adopted landscaping standards and criteria policy. Any areas left in a natural state shall be properly maintained in a sightly and well -kept condition. Yards adjoining any of the Classes of RESIDENCE DISTRICTS shall be landscaped with planting buffers or other screens. Plans for such screen shall be submitted as a part of the application for site plan approval and building permit and installed as a part of the initial construction. 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 visable 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 herein before 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. -85- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C 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. a 7. Accessory Buildings: a. A residential accessory building attached to the main building shall be made structurally a part 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 six (6) feet to the main building, except as other- wise provided in this Ordinance. b. A detached accessory building shall not be located in any required front or side yard, except as specifically provided herein. c. Detached accessory buildings in the R -1A, R -IB and R-2 Districts shall be permitted as follows: a) private garage not over one (1) story and not exceeding twelve (12) feet in height shall occupy an area of not more than thirty (30) percent of the area of the required rear yard or 1,000 square feet, whichever is lesser. A storage shed or utility building not exceeding 120 square feet shall be allowed in the rear yard no closer to the property line than six (6) feet or the width of an established public easement. The maximum lot coverage of all structures shall be as required in Section 7, Subdivision D. d. Accessory buildings in the BUSINESS and INDUSTRIAL DISTRICTS shall be attached to and be structurally a part of the principal building, and shall comply in all respects with the requirements of this Ordinance applicable to the main building. Detached accessory buildings for incidental uses such as guard houses, utility sheds, and the like may be permitted as part of the approved site plan for the principal use. 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. 9. Principal Use Buildings on Lots: Principal use buildings shall be located on lots and there shall be no more than one principal building on one lot, except as specifically permitted by this ordinance. -86- PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C 10. Consolidation of Land Parcels Multiple parcels of land which are contiguous and adjacent; and which are proposed to serve a single development use; and which are under common ownership shall be combined into a single parcel in accordance with the City Subdivision Code. 11. Substandard Lots and Parcels A lot or parcel which was of legal record with the County Auditor on January 1, 1980 within the RESIDENCE DISTRICTS, and which does not meet the require- ments of this ordinance as to width or area, may nevertheless be utilized for single family detached dwelling purposes; provided that all yard setback requirements for single family detached dwellings in the applicable district are met. Such lots or parcels with a width of less than 60 feet may have minimum side yard dwelling setbacks of 10 feet. 12. Maximum Lot Coverage in I-1 District The lot coverage of an existing building in the I-1 (planned industrial) District may be increased up to five percent (5%) for a maximum lot coverage of forty percent (40%) when all of the following are met: a. The use is an allowable use in conformance with this ordinance. b. The use has been continuously operational on the site for at least five (5) years. c. The proposed expansion site plan complies with all Ordinance yard and parking requirements. -87- PLYMOUTH ZONING ORDINANCE Section 10 SUBDIVISION D - FENCES AND WALLS 1. Residence Districts -Front Yard a. 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 or more than 0 ree (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 district. 3. 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) percent 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 appl to screens of parking and loading areas which are regulated in Section 10, Subdivision C. 5. 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) percent opacity during all months of the year. 6. Exceptions Walls or fences of lesser or greater heights or planting screens of lesszr opacity or otherwise not conforming with the Subdivision may be permitted by the Board of Zoning Adjustment if there is a finding that the nature of extent of the use being screened is such that a lesser 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 interefere with the provisions of adequate amounts of light and air to same said properties. mo PLYMOUTH ZONING ORDINANCE Section 10, Subdivision D 1. 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 principle structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed. -89- PLYMOUTH ZONING ORDINANCE SECTION 11 - ADMINISTRATION AND FEES SUBDIVISION A - ADMINISTRATIVE PROCEDURE All proposed developments except those permitted within the FRO, R -1A and R -JB Districts within the City shall conform with the provisions of this Subdivision when requesting platting, rezoning, or 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 plari. 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, at least to within 200 feet. 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 relationship 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 as required in Subdivision E shall be scheduled before the Planning Commission so that the public has an opportunity to express its views. Following 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 structures, a site plan shall be reviewed by the Planning Commission and approved by the City Council. 5*15 PLYMOUTH ZONING ORDINANCE Section 11, Subdivision A 7. The site plan shall be based upon an accurate certified survey; shall be prepared by or under the supervision of an architect and/or engineer registered in the State of Minnesota; and shall contain the following information a. Complete details of the proposed site development including but not limited to identification signs, location of buildings, streets, driveways, parking spaces, dimensions of the lot, lot area and yard dimensions. b. Complete landscaping plans reflecting all information and standards set forth in the adopted City Landscape Criteria and Standards Policy, 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 of the site. 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. h. Complete utility plans and fire protection plans. 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 shall 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 build;ng permit is applied for, provided that within 6 months of date of said General Development Plan or Site Plan approval of a development contract or a building permit has been executed, then City Ordinance require- ments in effect at the time of the approval of said site plan or general development plan shall apply. Developments which require and which have received site plan approval by the City Council, but for which no building permits have been applied for and issued within one year of City Council approval shall be considered null and void and subject to the site plan approval requirements of this section; provided that within one year of the original City Council approval, the original petitioner may request in writing and the Zoning Official may approve an extension of not more than six months. 10. Proposed minor structural additions involving 10% or less of the total existing floor area which meet 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. -91- PLYMOUTH ZONING ORDINANCE Sectior; 11, Subdivision A 11. Following the approval of the site plan required in this subdivision and before issuance of a building permit, the developer shall guarantee to the City the completion of all private exterior amenities as shown in the site plan. Such amenities are hereby defined as landscaping, private driveways, parking areas, recreational facilities, drainage systems, 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 estimated cost of such amenities and a bond shall be in the amount of 150% of such estimated costs. The time allowed for completion of such private exterior amenities shall be set out in the resolut?on 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 attributable to such completed work. The developer shall notify the City in writing, that the improver^ents have been completed and may be inspected. Any instrument, submitted as a financial guarantee of completion of required site improvements, which contains provision for an automatic expiration date after which the instrument may not be drawn upon, notwithstanding the status of the required improvements, shall contain the following statement requiring notice to the City: It is a condition of this financial guarantee that it shall be de^med automatically extended without change for six (6) months from the present or any future expiration date(s) unless sixty (60) days prior to the expiration date(s) we shall notify the City in writing by certified mail that we elect not to consider this financial guarantee renewed for an additional period. Financial instruments, other than those cited above, which are submitted as a guarantee as required by this ordinance, and which provide equivalent assurance to the City, may be approved by the City Finance Director. 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, in accordance with the findings criteria in Subdivision C of this Section. -92- PLYMOUTH ZONING ORDINANCE Section 11 SUBDIVISION B - 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: I. 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. 5. Maintain permanent and current records of the zoning ordinance, 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. 1. 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 significant activity of the preceding month. 9. Receive, file and forward to the Board of Zoning Adjustment or Planning Commission all applications for conditional use permits, variances, amend- ments or development plans as required herein. -93- PLYMOUTH ZONING ORDINANCE Section 11 SUBDIVISION C - BOARD OF ZONING ADJUSTMENT 1. 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 Commission and six (6) citizens. The Zoning Administrator shall serve as an exofficio member without the right to vote on matters before the Board. The seven (7) Board members shall he appointed by the Mayor and City Council. The Board shall service 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 Secretary 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 admin- istrative determinations and questions of doubt concerning 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 Council determination as specified by Section 11, Subdivision A, 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. Any sign permit applications received prior to issuance of the initial Certificate of Occupancy that require variances from the standards in this ordinance shall be submitted to the Planning Commission which shall act as the Board of Zoning Adjustment on such requests. 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 Districts are maintained and the provisions of Subdivision H, Item 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 TM PLYMOUTH ZONING ORDINANCE Section 11, Subdivision C 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. c. The representative of the Planning Commission se~ving 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 she 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 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 sha'l 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 variation 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 exclusively 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. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel•of land is located. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially 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 accompanied 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 -95- PLYMOUTH ZONING ORDINANCE Section 11, Subdivision C 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 granting any adjustment or variance under the provisions of this Sub- division, 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, convenience and general welfare. In all cases in which adjustments or variances are granted under the provi- sions 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 D - CERTIFICATE OF OCCUPANCY 1. 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 building or for an existing building which has been altered shall be made to the Zoning Administrator as part of the application for a building permit as required in Subdivision F 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 completed in conformity with the provisions of this Ordinance. Pending the issuance of such a Certifi- cate, the Zoning Administrator 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 Occupany 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 -96- PLYMOUTH ZONING ORDINANCE Section 11, Subdivision D 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 adoption 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 Certificate 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. A periodic inspection shall be made by the Building Inspector of all non-residential buildings and sites 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 E - 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 initiated 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 pf-o- posed to be rezoned, together with the names and addresses of the owners -97- PLYMOUTH ZONING ORDINANCE Section 11, Subdivision E 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, and, in the case of district boundary amendments, has been mailed to property owners within 500 feet of the subject property although failure of such owners to receive notice shall not invalidate the proceedings. 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 advisable. 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 substantially similar to a use included in these regulations, such use shall thereafter be an allowable use whenever the similar listed use is authorized. SUBDIVISION F - ENFORCEMENT I. 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 -98- PLYMOUTH ZONING ORDINANCE Section 11, Subdivision F 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 scale 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 information as may be deemed necessary for the proper enforcement of this Ordinance or any other. The fee for a building permit shall be determined by the City Council. The Zoning Administrator shall issue the building permit only after determining that the building plans, together with the application comply with the terms of this Ordinance. SUBDIVISION G - ADMINISTRATIVE FEES 1. Fixed Administrative Costs: Each applicant shall be charged the fixed tee specifically provided in the City Code as required to cover the costs incurred by the City in administra- tively 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 the City Code. SUBDIVISION H - VIOLATIONS AND PENALTIES I. Violations and Penalties: Any person, firm or coporation 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 or by imprisonment as set forth in the City Code. Each day that a violation continues shall constitute a separate offense. 2. 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 powers of a police officer to prevent such unlawful erection, construction, 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, -99- PLYMOUTH ZONING ORDINANCE SECTION 12 - NON -CONFORMING USES SUBDIVISION A - 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 provisions of this Ordinance may be continued; provided, however, that no such non -conforming use of land shall be enlarged or increase, 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 corti,icted 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 B - NON -CONFORMING SIGNS I. Signs existing at the effective date of this Ordinance which do not conform to the regulations as set forth in this Ordinance shall become a non -conforming use and shall be discontinued 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 Ordinance 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 non -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 -con- forming. Such signs may be illuminated but no flashing, rotating or moving signs shall be permitted. -100- PLYMOUTH ZONING ORDINANCE Section 12 3. No sign erected before the passage of this Ordinance, or from the effecti%e date of any amendments thereto which make such signs non -conforming, shall be rebuilt, altered or moved to a new location without being brought int, compliance with the requirements of this Ordinance. SUBDIVISION C - NON -CONFORMING JUNK YARDS No junk yard may continue as a non -conforming use for more than one (1) year after the effective date .if this Ordinance except that a junk yard may continue as a non-ccnforming use in an industrial district if within that period it is completely enclosed 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 erected or put into place. SUBDIVISION D - 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 E - ALTERATIONS The lawful use of a building existing at the time of the adoption of this Ordi- nance 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 non -conforming uses in districts hereafter changed. Whenever a non -conforming 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 F - RESTORATION No building which has been damaged by fire, explosion, act of God or the public enenW, to the extent of more than fifty (50) percent of its value shall be restored except in conformity with the regulations of this Ordinance. SUBDIVISION G - 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. -101- PLYMOUTH ZONING ORDINANCE Section 12 SUBDIVISION H - NORMAL MAINTENANCE Maintenance of a building or other structure containing or used by a non-con- forming oncon- forming 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. -102- PLYMOUTH ZONING ORDINANCE SECTION 13 - VALIDITY Should any provision or section of this Ordinance be declared to be invalid 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. 78-2 of the City of Plymouth, adopted January 9. 1978 and all amendments thereto is hereby repealed. SECTION 15 - EFFECTIVE DATE This Ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Plymouth the 16th day of June. 1980. ATTEST: vC as e ro-r-e7ta Gareity. er -103-