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City Council Ordinance 1959-02
ZONING ORDINANCE ORDMANCE NO. 2 With insertion of knoym subsequent Ordinances and Amendments, including additions, deletions and, changes as of October 1, 1959• The attached revised copy of Ordinance No. 2 does not take into consideration Platting Ordinance No. 58, approved June 3, 1958, or am amendments thereto. � k ff H. T. Johnson r, Village Clerk " :r 10/20/59 cr x PYA L FYT r<s ! y rte `3} r r Yom! ,ri♦4h MJ _l. 3c �i L rly., ORDINX CE NO. 2 An Ordinance relating; to and regulating the locution, size and use of buildings, arrange- ment of buildings on lots and the density of population in the To= of Plymouth, Hennepin County, Uinnesota and for the purpose of promoting the public welfare, safety, order, fire protection, convenience, prosperity and ; eneral welfare in said town and for such purpose to divide said tovm into districts. The Town board of the Tovin of Plymouth do ordain as follows: RESIDFUMAL DISTRICTS SECTION 1. s� r � n� 4 � t, That the following, described portions of said Town of Plymouth are created and established as residential districts and shall be respectively numbered as follows: No. 1. All of Sections Twenty-three (23), the South One- half (S}) of Section Twenty-four (24), all of Sections Twenty-five (25) and Tkverity-six (26) , the South OneAhalf (SI) of Section Twenty-eight (28) and the forth One-half (N) of Section Thirty-three (33)• No. 2. All of Section Thirteen (13), Fourteen (14), Fifteen (15) , Twenty-one (21) and `i' Jenty-two (22) , the North One-half (Nfl of Section Twenty-four (24), all of Section Twenty-seven (27) , North One-half .(Mz) of Section Twenty-eight (28) , all of Sections `Aventy-nine t'29) and Thirty-two (32), the South One -Half (SL) of Section Thirty- three (33) and all of Sections Thirty-four (34), Thirty- five (35) and 'Thirty-six (36). L10---3. All of Sections Thirty (30) and Thirty-one (31). Excepting only therefrom the hereinafter described lands situated in the sections above described which are by this ordinance divided into and established as Commercial Districts and as Industrial Districts. SECTION 2. That in said Residential Districts, sinless otherwise in this ordinance he.reiriafter provided, no building or premises shall be used and no building shall be hereafter erected, moved therein, or A •� leturrally alter. ed except-. Cor one or more of the follo%'A rig U003. 1. Drivute d%vellings. 2. Two family dwellings upon lots of one-half acre in size or larger. 3. Churches and schools accessory thereto Licluding name plates and bulletin boards. 2 d. RESIMMAL ILIS CTS Page. 4. Public Schools. Libraries, lrlunc-UM13, parks, playgrounds, recreation and OOMMIU11ty buildings owned and/or controlled by the tovm or bya public adhool district or other municipal authority. 6" Gardening, orchards and berry patches. 7, Nurseries and S,11-eenhouzes for the propagation, cultiva- tion and growing, of plants only. 3. Golf clubs and Country Clubs. 9. A000ssory building -3 includinr, one private gara(,-e of not over three car capacity or a privato a -table vdion located not less than 50 fcet from the front property line and not les: than 15 foot vrcua any side property line unless designed and oonstrunt ed as a part of the main buildings; also Chicken houses and tool 1,iouies not, (.x(-ojd1ng 1pOOO square feet In size and 15 f(! -jt In helrht. 10. Coi=unity building. 11. Heoreation fioldu or. building. 12. Uso of land for dralnaf,e. 13. Use OuLitomarily incident to any of the above uses when located on the surae lot and aot Irivolvinr the conduct of a busineaa; home occupations ejigw.ped in by the occupant of a dwelling and not involving the conduct of u business on the premises; and also includJng the office of one en- gaged in a professional occupatl.on and located in his or her dwelling provided that no name plate exceedIng one square foot im aree, shall be permitted in said district and such name plate shall contain only the name and oocu- pation of the occupant of the prcmison. 14. Signa not excuadin(.., 12 sqt,%are feet In area portaining to the lease, hire or stile of builrAng or premlonn; and the setbacks herein provided ahall be observed in the erection and maintenance of such but no advertising slfin of any dther nature shall be per.titted In the rosidential districts, except by special permit. 15. Private stables, but only upon lots of one-half acre in size or larger. And by Opeoial Use Permit granted by the Tom Board pursuent to recoim%endation of tho Town Planning and Zonlnv Commission the following tines, to -wit: j 16. Public or private InntItuations of an eduentional, philanthropic or eleemouyna,,-y nature, which shall include hospitals operated by n municipality but such only. 17. Public utility service inoludinr; stations, distribu- tion plants,, etc., but not includint-, gitrares, wkrehouc;es for the storafre of bullcy materials and not Incividing fnatories for the Manufacture of any ooimaodity; In V,.I-,,h carica a public hearing and/or posted notice, if any, may in the discretion 01' olther the Planning and �onint; Commissicm or the 16'0,im Board be dinponsed with in case of an application by a public utility. 18. dematerien. N. SECTION 2. Cont' d. RESIUDEtvTIAL DISTRICTS pagd 19. Fire and police stations. 20. Transportation right-of-way, telephone,tele ranh and electric circuit lines. That any permit granted pursuant hereto shall specify' the use, size, height and location of any building cowered thereby, Ath legal description, and the conditions attached thereto. bEMIOId 3.1. Remilations and Restrictions applying; to Residential Districts That upon lands in said Residential District No. 1 herehfter platted or subdivided into lots and upon all platted and subdivided lands in said Residential District No. 2 no dwelling or buildin- shall be erected or used upon any lot or tract of land unless the same shall have a frontage of at least 80 ''eet upon a road or strf:et with a front yard or setback from the property line of at least 50 feet and an area of at least ono half nacre including one half of the adjoining street. There shall be but one dwelling upon each such lot or tract of land. That all dwellings and other buildings in said district shall have a sideyard of at least 15 feet and if the opposite ends of the lot abut on two streets there shall be an open space of at least 50 feet at each end. That no dwelling wheresoever situated in said district shall exceed two and one half stories or 35 feet In height and each such dwelling shall have an area of at least 520 square feet for the first floor with a aeilinL= of not less than seven feet; that no cesspool or septic, tKn": Shall be placed or used within 50 feet of any well or .Athin 25 feet of rosy side or rear property line. That all dwellings shall have not less than two exits. sECTI 4 (a) That in said Residential District Pio. 1 where lands have been platted into lots with streets at least 50 feet wide prior to the effective date of this ordinance no dwelling or building shall be erected or used upon any lot or tract of land unless the same shall have a frontar.;e of at least 60 feet with a set back from the property line of at least 35 feet and an area of at least 10,000 square feet including one half of the adjoin - Ing streets. There shall be but one sinCle frmily d .,elling upon each such lot. That all divellinUs and other buildings in said District No. 1 shall have a sideyard of at least 10 feet and if the opposite ends of the lots abut upon two streets there shall be an open space of at least 35 feet at each end. That no dwelling wheresoever situated on such lands in said district shall exceed two and one half stories or 35 feet in height and each such dwelling shall have an ,area of at least 520 square feet for the first floor with a ceiling of not less than seven feet; that no cesspool or septic tank shall be placed or used within 5C feet of any well or within 25 feet of any side or rear property line. t rs liECTI©N 4. Cont'd., Regulations and Restrictions applying to ' _ k Residential Di ptricts That all dwellings shall have not loss than two exits. (b) Provided, however, - that in. the case of other platted lots in said District No. 1 which do not conform to the requirements of frontage and area set forth in subdivision (a) of this Section, the Planning and Zoning Co=Lission may, with the approval and consent of the Tovin Board make such exceptions to the requirements and regulations in said Subd r visions (a) pro- vided for as it may in its discretion deem de-rirable for the best interest of the surrounding neighborhood and o' the residents thereof, upon application being made for a bpecial Use Permit therefor, and upon the approval and recommendation of said Commission, the Torun Board may authorize the is,--mance of a Special Use Permit for such improvement. SECTION 5. That upor all platted and subdivided land in .paid Residential District No. 3 no dwelling or building shall be erected or used upon any lot or tract of land unleso the eme shall have a frontatre of at least 80 • upon a road or street with a front yard or setback from the property line of at least 50 feet and an area of at least one half acre including one half of the adjoining streets. There shall be but one dwelling upon each lot or tract of land. That all dwellings and other buildings in said District No. 3 shall have a dideyard of at least 15 feet and if the opposite ends of the lot abut upon V%ro streets there shall be an open space of at least, 50 feet at each end. That no ewelling wheresoever situated in aaia district shall exceed two an -A one half stories or 35 feet in height and each such dwelling shah have an area of at least 520 square feet for the first floor with a ceiling of not less than seven feet; that no cesspool or septic tank shall be placed or used within 50 feet of any •well or within 25 feet of any side or rear property line. That all dwellings shall have not less than two exits. SECTION b. All buildings hereafter erected upon unrlatted lands, in said districts shall be so placed that they Drill, not obstruct future streets which may be laid cut in this toym, in conformity with existing; streets and roads and in accordance with the system approved by the Town Board. Any person desiring to improve such property shall submit to the Building commissioner a survey of such land, which said survey shall sho,s the position in respect thereto of public roads and of the extension of existing roads or streets or the location of all future roads or streets which may be laid out. Said Building; Co..-mnissioner shall submit such survey to the Planning and Zoning; Comaission, together with his recommendations. Said Commission shall examine the facts in relation thereto and if said survey and such proposed improve - mento meet with the approval of said Commnission and such improve- ment is not one recluirinfp the issuance of a special permit, said t Jager A SECT11)1, 6. Cont'd. , Regulations and Restrictions applying to " Residential Districts Com,,iission shall instruct the Building Commissioner to issue a permit therefor, provided all other tei as o ' the zoning and other ordinances of this 'io .m have been or are beim; cmiiplied with. The survey hereinabove provided for shall ai't•cr approval by said Cormni.ssion fox, the bs.sis from which all conaputations shall be made and the burden of proof shall be upon the person maing the _improvement. That, except as In this section othere-rise provided each building erected upon such lands shall comply with the require- ments in this ordinance set forth for other dwellings in said district in :-ahi=ch they are situated. sECTlorr 7.' (a) . That dwellinr,s havtrng a one niece concrete slab for the ground floor ^hall have a. slab of at least Six inches in thiokness adequately reinforced cnd that thecuter edges thereof shall have a depth of thirty-six ;inches for a ij: dtii oi' ei,,ht inches but a six inch footing 14 inches v,ride v,,ith eight inch blocLr.s laid thereon shall be permi.Nible. (b) That all drrellines not built as of oresaiC, shall be built upon Foundations and those having no base.nent shall have foundation of concrete or concrete blocs at least eight inches thick and shall run thirty --six inches deep with a six inch concrete footing having a total projection of six inches for a one story building and a total projection of eight inches for more than one story dth a sixteen inch pier built in and bonded into the wall every 14 fc;et where the wall is 24 feet long or over; the ground under the first floor joists shall be excavated for at ".east taro feet below such joists and there shall be a tt:o square foot air want for each 25 lino:al feet of foundation; all footings under posts shall be eight inches by eighteen inches by eihteen inches; that the requirements for foundation .walls and footings for d*;•elfin,;s �-,r th bftsernent shall be the same cgs for dwellines without bases ment ; all concrete basenent floors must have a thickness of at ' 3ast three inches; end all frxLmning of (It-„ellin; shall comply wit the requirements c-md specific tions of the l'edcra_l housing Administration. . (c) . All masonry chimneys :oust have footings e.ddquate to carry the load at least 42 inches below the surface of the ground; No part of dwellings shall be ettached thereto and all chimneys must be lined throu!-shout with fireclay flue lining, p,lazed the or firebrick. (d) That all conca�ete mentioned herein shall be composed of one part cement, thr(-.U parts Land, and five ;arts rook, or three -thousand pound test concrete. (c) That nothing herein contolned shall be held to contravene any law of the ut cte of Aiinneota prescribirt, further or additional re�.uirement.s for the construction oaf dwellings, all. of which 1,91,,Is shrill rillso bQ. cora,_)lied; 'At -.h. Y i I T?i canputin7z,,yard dimontio s�; xrieiisux'f 4ii"ts sl=r� 1 bQ then 'i'roln 'the nearoz = point of the vahl cif the bui'ldiiv r r -)r the 'nearest point' ��'`'� enclosed portion of thea. building to the a reet QZ' rt] Pt line ' ex ei�pt thpit . , . (1i ornlc dai omop3;es or 'eaves may C,xtcnd bey6xict thewall e c istrnae" +of to txceedihig' two and Qne half feet'; and. M. len:di place or uncovered porch vi' y e an (1. b6e and It 'i'rc nt € ll tQ e. distance not to exec six' feat rcv di ' . n said i tnd'irtg �plaeo or porch , -.,shall have a floor no hie, r than the .. entrance fluorof said building';. Ineny Pi't'ted or subdivided section of said districtsno v .occupied �t� olly b�A� dwelling:.; vzhers: 2 er cent or of the dots 3n . blo ct locat e -d in the swe,�e :'_ist, rict , excly sive of the frontage along' Vh,- side of a corner 1-c'., have been ir: proved vtith buildings at tae time of' the pessa[- c -f this ordir;ar:ce, Rb bulldings-. are of' a character permi l -t- d in slach Ue cti on, d ; the Tront yard", of. such lots varies, in . epth to c;n ox -tent not �ea#er thou 1Q* feet ttb.en the required f roi,"t yard depth ici such b1c�C : abaU be dire-gcarded ,therein ,rind in . ieu tbereof the front and ,requ1r-6&# eech lot in said b? oc1a oh.,. 11 be of a del th of the fx nt ..yard on,the lits on , hch are looatoia. such existirg buildin �a in case o:' accessory building is attached to th,- main "bul.ain 'it shall b. nsde structurally a : rt thea eof c.n% shall . acmtply in all respe 2t., with the recju1r en,t Ti ` s of thic;. o2 -di -aanca aprlicable to tUe ir_,iln building. An a.ce,,:_ ory build!At- 1.2ales s ttae ec td and; mad , part; c>f the main . Idi..ng as above Pro-, , *Wed for shall' not r, ;:! nearer them 20 fe ray:. to the main bu Udi e'. Detached ?cce~ssorJ buildings s :++., I conform to`-tlie i`c 3iD°spyn,g additions 4_ •egulations aL to thC r location uuol the. lot,-", } 1n the oe ,r, of a lot abutting -j, ,:_.: one street no jetached aoo s,sczy buildjng; .h-_11 be erected or e: -A . -ed so as -t' c e 4t end k into: .be.,front hard ,,,vonc2 floc Front lint f the d ellinc.. In the as :c a' it>tc.,.ac� • lots a�_,,; i,in , u; on ty o r snore 'S't:reets no detached 'L be erecte(. c.^ altered -� so` as to extend' int :he front yard beyc i ,': the front .line. of the d aellin ;, nor be n.e' :� m, -r than ttie re(�uirc e Ldth for thc i pont yard tD th°i . street oppo t- ; to the front of t1_r )uildin z. t .r In the cc .. of corner lot :but ��_; upoi t ,o t eel s no ae--e.sory build . _; ;shall be erec-ued c Ltered' so a::_ i f extend 'i.ntoa. the front yard E1, 7yond thea f r ont lin,.> . 4L' the dvielli nf,. 3 near Shall the'. some be n : = ; er to the of line :. oar, the Z i d c " said lot Q -distend c" 15 f; --Qt. SECT1 ? ti 10. No baseme J1, a oellar, tent, trea..:a r gars{p,e or r- Gesso build- ni- 8h€41l at 4; °' time qac. ti: 'i s; a Wence, tt'.f�lt '?i :,ray` Gtr Z014ING 0 RDINAN CE OF THE VILLAGE OF PLYMOUTH COUNTY OF H En1iv , TIMNL60TA COPd:JlERCIAL DISTRICTS SEDTION 11: Pie 6 That the following described portions of said Village of Plymouth are hereby created end established as Commercial Districts and no other part or portion of said Vil.:lRge shall be used for the uses of such a district, to --wit: Subdivision 1. County Road No. 6 (Sixth Avenue North) . A strip of land on the north side of said County Road No. 6 begimLin,- at a point 300 feet east of the intersection of said County Road No. 6, with the center line of County Road No. 7 and running thence west to a point 150 feet wejt of the westline of County Road No. 70, 300 feet deep; and a strip of lend on the south side of said County Road No. 6 beginning at a point 30€3 feet east: of the intersection of said County Road No. 6 with the center line of the County Road No. 7 and thence running gest for a distance of one- half mile west of said intersection, zaid strip to be 300 feet deep except for a distance of 300 feet on each side of the ce mter line of said County Road J10. 7 �,herp. the depth shall be but 150 feet on the east side of the center line of said County Road No. 7 and 1.50 feet on the west side of the center line of said County Read No. 7. At the intersection of said County Road No. 6 with County Road 24 a strip of lend on both siders of County Road No. 6 beginning at th. vest terMinus of the bridge ofer the railroad and running thence vest for a distance of 400 feet, all 200 feet deep. At the intersection of said County Road No. 6 with State Hi,,hway No. 101 a strip of land on the east side of said State Highway No. 101 running north a distance of 200 feet from the center line of said County Road No. 6, the same to be 300 feet deep measured east from the center line of said State Highway No. 101; and a strip of land on the east side of State Highway No. 103t.; running south a distance of 150 feet from the center line of said County Read No. 6 and 300 feet deep measured east from the center line of said State Hi ;hxway Into. 101 Ordinance 54-3 Pessed by the Tovinship Board of Plymouth 12-27-5.4 and published in the Minr:etonka. Herald 12m30-54 Subdivision 1: Cont'41. 1. That part of the Southeast Quarter of Section 36-118-22 lying west of County Road No,, 18, North of the neer State Highway No. 55 and :south of County i�oad 11c. 6. 2. At the intersection of said County Road No. 6 with p f` ;X7, SECTION 11 Cont'd., Commercial Districts page J. State Hinhi�dy 101 a stri.) of land on the West side of State Highway 101 running; Soutii a distance of 200 feet from the road line of said County Road No. b the same to be 300 feet measured went from the center of State hiChway 101. Subdivision 2: medicine Labe Boulevard. A strip of land 250 feet wide on the easterly side of Medicine Lake Boulevard running for a distance of 100 feet on each side of an intersecting road ,,hich connects said boulevard ,{.ith County Road ivo. 18, Rath's Grocery being now located at the northeasterly corner of said inseetion. Subdivision 3: State Highway No. At the intersection of State HiChway No. 55 ,°pith. County Road No. 18 a strip of land on the v.. -est side of said County Road No. 18 running; for a distance of 300 feet on each side of said State Highway No. 55 and a strip of land on each side of said State Highway No. 55 running west from the west line of said County Road No. 15 for a distance of 300 feet, all of the above to be 250 feet deep. At the intersection of said State Highway No. 55 with a Tom Road known as 'Town Hall Road, a. strip of land on Bach side of said State Hif;hway No. 55 running for a distance of 300 feet both east and west from the center line of said Town Hall Road, all 250 feet deep. At the intersection of State Highway No. 55 iirith State Highway No. 101 a strip of land on each side of State High- way No. S5 for a distance of 250 feet running both east and west from the center line of State hif.-hvjay No. 101 running south from said ","tate Highway ho. 55 and a strip on each side of said State Highway ivol 101 running for a distance of 300 {feet south of the center of said State Highway No. 55, 250 feet deep. Ordinance 54-3 passed by the Township Board of Plymouth 12-27-54 and published in the Minnetonka Herald 12-30-54. Subdivision 3, Cont' d. _______ 1. That part of the South one-half (S2) of Section 7 and the North One -Half (h!) of Section 18, all in Twp 118-22, lying north of the new State Highway No. 55, South of the old State IIighway No. 55 and '+'.'est of State Highway No. 101. 2. The Northerly 500 feet measured parallel with the South line of New Shite hiChwray No. 55, of that part of the East Three-quartere of the Southeast Quarter (E-3/4 SE) of Section 36-118-2`2, lying:• South of new State highway No. 55• 3. The East 500 feet of that part of the Southeast quarter ( SES) of Section 36-118-22, lying South of Levi Stt� u � 55 and that part of the South One-half of the NortI,v :•st Quarter S� NW) and that part of the Southwest Quart( of the Northeast Quarter (SVI NE) and that Dart of the Northwest Quarter of the Southeast Quarter (14W SL) of Section 36-113-22, lyineNorth of and within 500 feet of New State Highway SLGTIiN 11 Cont td, Commmercial Districts. Page 10 ' No. 55, except the West 400 feet of the Northwest Quarter of the Southeast Quarter (NW BE) of said section 36. 4. The East 500 reet of that part of the Northeast Quarter of the Southeast Quarter ,(NE SE) ,of Section 27- 118-22, lying West of New State Highway No. 55. 5. The South 200 feet of that part of the East One-half of the 4-4orthwest Quarter of the Northeast ? ? of Section .14-118-22, lying North of old State Highway No. 55. 6. The East 300 feet of that part of the Southeast Quarter of the Northeast Quarter (SE NE) of Section 14-118-22, lying North of State High]=ray iso. 55. 7. That part of the Northwest quarter of the Northeast Quarter(NVI NE) of Section 20-11822, lying North of County Road No. 48 and South of new State Highway NO. 55. S. That part of the Southeast Quaiter of the Southwest Quaxtar (SE SW) of Section 17-118-22, lying Southwesterly Of now State Highway No. 55. Subdivision 4: County Road No. 10. At the intersection of County Road No. 18 with County► Road No, id a strip oma' laud on the wrest side of said County. Road No. 18 for a distance of 0 feet on each side of said CGunty Road No. 10 and a strip of land on each side of County Road No. 10 running for a distance of 300 feet west* from the r weot line of said County Road No. 18, all 250 feet deep. A strip of land along the north side of County Road No. 10, 250 feet in depth beginning at a point which is the southwest corner of Lot 4.7 of Morrison's Lakeview Addition and running thence west to the east line of County Road No. 137• Ordinance 54-3 passed by the Tot:nship Board Subdivision 4 Cont'd. of Plymouth 12-27-54 and Pub.Minn.E.12-20-54 1. That part of t e Northwest Quarter (AWfl of Section 2-118-22 lying; North of and within 333 feet of the center Sine of County Road No. 10. 2. That part of the 'Teat Quarter of the North One-half Wk NJ) of Section 2-118-22, lying North of County Road No. 47 and South of County Road No. 10. Ordinance 54-3 passed by the Township board of ''Plymouth 12-27-54 and published in the Minnetonka Herald 12-20-54. Subdivision 5: 1. That part of the Northeast Quarter of the jyorthwest Quarter (NE NW) of Section 20-118-22, lying East of the West 500 feet thereof and North of County Road AO. 48. 2. The East 350 feet of the S nth One-half of the North east Quarter of the Southeast Quay L er (S� NE SE) of Section 21-118-22, 3• The East 930 feet of the South 500 feet of the Southeast Quarter of the Northeast Quarter (bE IA) of ¢�r SECTION 11 Cont'd,Cormnercia.l Districts. Page 11. Section 1-118-22, and the North 800 feet of the Eost 330 feet of the northeast Quarter of the Southeast QLiarter TSE SE) of said Section. 4. The South 700 feet of the 'est 24.5ti rods of the Northwest Quarter of the Southwest Quarter (iqW S;) of Section 22-118-22. 5. Lot 10, `' .-ck 1, "Christensen's Parkers Lake Second Addition." 6. Lots 10, 11 and 12, Block 1�, "tlausman's Pt ddition". ;. Lots 1 and 2. -block 10, "MEdicina Like Park Third Ailision". Ordinance paused by the Tou,mship Board of 'l� roc ith 5-2-55 and published in the 'd-' netonka Herald 5-5-55. Subdivision 6: The Southwest quarter of the Northwest Quarter (S'VV N-) except the Tdinneapolis, St. Paul & Sault Ste. Marie Railway Company's Right-of-vJay, and the northwest Quarter of the Southwest Quarter (NW Siad) in Section 10-118-22, and also that part of Lot Two (2) lying South of the Minneapolis, St. Paul & Sault Ste. Marie Railways ritht-of-tray, and all the Northeast Quarter of the South- west Quarter (NE SV) of Section 9-118-22, except Twenty (20) acres situated in the Northwest Quarter of the Southwest Quarter (1,117 SIV) , Section 10-118-22. And all that part of the Southeast Quarter of the Northwest Quarter (SE Iv ti;) of Section 10-118-22, lyir Southerly of the Minneapolis, St. Paul & Sault Ste. Marie Railway Company's right-of-way. Ordinance passed by the Towmship Board of Plymouth 5-9-55 and published in the Minnetonka Herald 5-12-25. Subdivision 2: That part of the South Seventy (70) rods of the Northeast quarter of the Southeast quarter lying North of County Road 6 and West of the Last Seven Hundred Twenty-four feet (7249) thereof in Section 36-118-22. Ordinance passed by the Village of Plymouth 1-17-56 and plrblished in the Marban Press 2 -?-56. Subdivision 8: A tract of land containing Forty (40) aeras, more or less, lying in the Northeast corner of Section 24, described as the Northeast Quarter of the Northeast Quarter (NE NL) of said Suction. Bounded on the East by County Road No. 16 and on the North by so calleu R,aad 36. SECTION 11 Contvd_, CoLme..cial Districts. Page 12, Zoning Ordinance passed by the Villa, -e of Plymouth `r , 195E and published in the Suburban Press 4 =�-b Subdivision 9: All that parce:1. or tract of land in the Southwest quarter (,uf`wy) of Section 36-118-22, luring North end East of new Highway 55. Ordinance 58-1 passed by the Village of Pl,,rr outh Jan1. ry 21, 1958, published in. the I'dinnetonka r erald on January 23, 1958. Subdivision 10: That part of the Southeast Quarter of the Southwe.-t N, anter (SE Sts) of Section 17-118-22, lying East of the West 552 feet thereof and North of State Highway No. 55, except that part of the East 264 feet thereof lying; South of the North 575 feet thereof. Ordinance 59-10 passed by the Village of P3ymouth Aptil q, 1959, published in the Minnetonka Herald on April 30,_1959._ Subdivision 11: `.Phe. North one-half of the Northwest quarter of'the' Northeast Quarter (P1;a- i.dW hE) of Section 30-118-22. Ordinance 59-12 passed by the Village of Plymouth May 5, 1959, and published in the Minnetonka Herald ray 11+, 1959. Subdivision 12: Outlot Three (3), Oakwood Manor, according Lo the map or plat thereof on file and of record in the Office of the Register of Deeds in and for Hennepin County, Minn. Ordinance 59-18 passed by the Village of Plymouth July 21, 1959, published in the Minnetonka Herald on Jul 30, 1959. Subdivision 13: outlots to the map or Off':;. ce of the Minnesota. ota. One (1) and Two (2), Oaktrrood Manor, according plait thereof on file and record in the Register of Deeds in and for Hennepin County, SECTION 12: Commercial Districts Paye X13. In the Commerdial Districts unless other,,aise provided in tb3.s resolution, no building or land shall be used and no building or land shall be used and no building shall hereafter be erected, altered or used except for one or more or the follow- ing uses, to -wit: 1. All uses permitted in the residential district. 2. Retail stores and shops.. 3. fire and police stations, post offices and public buildings. 4. Assembly rooms end Lodge halls. 5. rersonal service shops. 6. Retail automobile and farm implement sales rooms. 7. Restaurants and cafes. 8 Mortuaries. 9. Theaters, financial institutions and professional offices. 10. Photograph Studios. 11. Gasoline filling stations and service stations. 12. Public gareges. 13. Small animal hospitals. 14. Carpenter shops, furniture repairing, bookbinding, dress making and tailoring; shops, shoe rep4i.r shops, newspaper and other printing establishments, electrical shops, metal work, tin smithing, plumbing, water, gas and steamfitting shops, blacksmith shops, machine shops, but not including the production or manufacture of any material used therein. 15. Hotels. 16. Mot els. 17. Hospital., sanatoriums, rest home&, convalescent homes, asylums and institutions of like nature. 18. Greenhouses. 19. Gasoline :'illing stations. 20. Service stations. 21. And the following uses provided a special use pe:-Init is first obtained as hereinafter provided: (a) Tourist camps and trailer parks. (b) Skating rinks. (c) Refreshment parlors or tavern providing such establishment has a, permit to operate its business as required or as may be hereafter required under any law in Force in the State of Minnesota. (c) Other business uses which in the opinion of the Town Board are of the some general character and the uses in this Section hereinabove enumerated and which will not be obnoxious or detrimental to the commercial district in which it is located.. Ivo use shall be permitted which in the judgement of the Town board i4rill be offensive because of noise, vibration, smoke, gas fumes, odors o: dust or hazardous because of fire or explosion. SECTI©N �a) No building herafter moved, erected or altered in SECTION 13: Cont'd. Commercial Districts, Page 14. the Commercial District shall exceed two and one-half or 35 feet in height, provided that subject to such safeguards and conditions as the `1'ovm Board may prescribe, a porticn of the building, dornel-, roof, parapet wall, cornice, turret chimney, belfry, flag pole, church spire, cooling tower, fire to•:rer and electric transmi, sion and Areless towers may be erected to a greater height. (b) Eliminated. (c) No building hereafter shall be moved, erected or altered in such district that does not: have a front yard, or setback from the property line of at least 50 feet, which said yara, subject to use for a sidewalk, may be used for a service driveway and for the parking of customers' cars. (d) 2,3o store may hereafter be erected or moved onto property that does net provide a substantial weil:t along the front of the bui-.ding at least eight Peet t-,ide. (e) All buildings hereafter erecter: in such districts shall be so placed and a.rra.nged on their prounds so as to permit all loading and unloading on their own premises and not from the street and there shall also be provided upon the premises of such building reasonably adequate space for the parking of the customer's cars. (f) That all buildings hereafter erected in such districts which have a flat roof, if closer to another building than ten feet, shall have a fire viall of at least two feet above the roof. (g) Eliaiinat ed ZONING ORDINANCE OF THE TOVNI SHIP AND VILLAGE OF PLY?MOUTH, tir rNEPIN COUNTY, � UPNESOTA INIU'JSTRT" DISTRICTS SECTION 14 Page15. That the following described portions of said Town (and Village) of Plymouth are hereby created And established as Industrial Districts and no other part or portion of said town (or Villa.: -e) shall be used for the uses of such districts, to -wit: Subdivision 1. Minneapolis, St. laul & Sault Ste. Marie Railroad. A strip of land 500 feet in vvidth on each side of and adjoining the right of gray of said railroad from the east line of said tonin to the west line thereof. Subdivision 2. Minnesota -Western Railroad A strip of land 500 feet in width on each suede of and adjoining the right of way of said railroad for a distance of 1,000 feet west of the east line of said town. Ordinance 54-3 (Chapter 14-2) passed by the Township Board of Plymouth 12-27-54 and published in the Minnetonka Herald 12-3A-54• Subdivision 2. (Cont'd) That ?art of the South One half of the Southwest Quarter (S;� SV!�) of Section 26-118-22, lying North of the Minnesota and Western Railroad. Subdivision 3. 1. Block 6, "Beacon Heights First Addition." 2. Lot 1, bloc; "A"; Lots 1, 2 tend 14 , -01ock "C"; Lots 3 and 4, Block "D"; and all of Block "E"; Plymouth Orchard's Addition. 3. The West 500 feet of thatart of the Northeast quarter of the Northwest Quarter (NE NW� of Section 20-116-22, lying North of County Road No. 48. Ordinance 56-3 (Chapter 14-1) passed by the Village of Plymouth 6-5-56 and published in the Suburban Press 6-5-56. Subdivision 4. That part of the Southeast Quarter of the Northeast Quarter (SE NE) of Septa oil 30-118-229 lying Southwesterly of State Highway No. 101. Section 14 Cont �d. , Industrial Districts. Ordinance TrrL-Cont'd. Page lb. subdivision 5. That part of the Northeast Quarter of the Southwest Quarter (NE SW) of Section 36-115-22, described as f'ollovis: Commencing at the Northwest corner thereof; thence East along the North line thereof to the Southwesterly line of State Highway No. 55; thence Southeasterly along said right-of-way line 215 feet; thence Southwesterly at right angles to the Northerly line of County Road No. 6, to the Norther1j: line of said road; thence Westerl;7 along the Nor�;herly line of said County Road No. 6 to ids the test line of said Northeast Quarter of the Southwest Quarter (NE SIV,'); thence North to the point of beginning. Ordinance passed by the Village of Plymouth ? ? and published in the Suburban Press 8-30-56 Subdivision �. The Southwest quarter of the Southwest Quarter (SW SVT) of Section 3-118-22; The Saath One-half of the Southeast Quarter ¢f,_ South- west Quarter (SI SE SW) of Section 3-118-22, except Road. The North 10 acres of North one-half of Northwest Quarter (N' NW) of Section 10-118-22, except Road. The South 70 acres of North one-half of the Northwest Quarter (N� NW) of Section 10-118-22, except Road. That ,dart of the Southeast Quarter of the Northwest Quarter (SE NW) of Section 10-118-22, lying north of Railroe':i right-of-way, except Road. Ordinance 56-4 (Chapter 13-2) passed by the Village of Plymouth November 13, 1956, and published .in the Suburban Press 11-29-56. Subdivision 6. The West 800 feet of that part of the Southeast Quarter of the Southwest Quarter (SE SW) of Section 17-118-22, lying; .North of State Highway No. 55. Ordinance 57-2 (Chapter 13-3) passed by the Village of P13gaouth April 2, 1957, and pub- lished_in the Minnotonka Herald _1t-11 M5Z_ Subdivision 7. All of Lots Three (3) , Four ( 4) told Five (5). Block A, Plymouth Orchards, Hennepin County, Minnesota, except the North 323 feet thereof. Subdivision 8. The North 26 Acres of the South 33 Acres of the Northwest Quarter of the Southeast' Quarter (NN SE) of Section 14 Cont'd. ,Industrial Districts. Page 17• Section 10-118-0.2, except that part thereof described as follows: Camuencing, at a point in the South line thereof, distant 14.0.4 feet West of the Southonst corner thereof, said point being the center line of the toum road, thence West rlong the South line thereof, a distant of 300 feet; thence North at right angles 187.8 fee', more or less to the center line of said town road; thence Southeasterly along the center line of tom road to the point of begi'.ining. Subdivision 9. The Southwest Querter of the Northeast Quarter (SW Thi,) and the North 7 acres of the Northwest Quarter of the Southeast Quarter (41W SE) , all in Section 10-118-22. Ordinance 57-3 (Chapter 13-4.) passed by the Village of Plymouth June 18, 1957, and published in the Minneton-ka Horald on 6-20-57 Subdivision 10. The Southwest Quarter of the Northwest Quarter (SW N'4ti) of Section 21-118-22. Subdivision 11. The Northeast Quarter of the Northeast Quer (NE NE) of Section 32-118-22. Ordinance 58-2 ('Chapter 13-4) passed by the Village of Plymouth June 24, 1958, and published in the MinnetontM Herald on June 26, 1955. Subdivision 12. All of Lots Twelve (12), Thirteen (13) and Twenty-two (22), and that part of Lot Eleven (11), lying Westerly of a line drawn from a point on the Northerly line thereof distant 30.59 feet Easterly o" the North resterly corner thereof, to a point on the South line thereof distant 30.59 feet East of the Southwest corner thereof, all in block Two (2), Elmhurst Lakeview. Ordinance 59-1 passed by the Village of Plymouth February 3, 1959, and published in the _Minnetonka Herald on February 12, 1229- Subdivision 959- Subdivision 13. 1. That part of the Southwest Quarter of the Southeast (SW SE) quarter of Section 22-118-22, lying Southwesterly of State Highway Number 55 and North of the Town road; and 2. Al] that part of the Northwest quarter of the Southeast Quarter (M SE) of Section 36-118-22, lying North of State Truax: Highway 55 East of the Idest 341 feet thereof and West of Bassett's Creek, so-called, according to the U. S. Government Survey ther:.w.0. dt j tt } ry Page Section 15. Industrial Districts.Cont'd. In the Industrial Districts buildings and land may be used for any purpose not prohibited by lase; provided, however, that none of the following uses shall be established and operated in the Industrial Districts unless and until a special use permit In each case, as provided in this ordinance shall have been first secured for such use. 1. Distillation of bones. 2. Garbage, offal or dead animal reduction or dumping. 3. Fat rendering. 4. Hog feeding. 5. Stone mill. 6. Manufacture of acid, cement, explosives or fire works, fertilizer, gas, glue, (*ypsum, lime, or plaster of Paris and/or the stora,7e of explosives or fire works. 7. Petroleum refining. 8. Smelting of iron, copper, tin, zinc or other ores. 9. Stockyards or slaughter of animals. 10. JUnk..yards. 11. All other uses which, in the opinion of a Planning and Zoning Commission or the Town board aresimilarly objec- tionable, by reason of o4or, dust, smoke, .has, noise, or vibration or would impose hazatd to life or property in the neighborbood. Section 16. a 1 buildings in such industrial districts shall not be built or located closer than 80 feet to the street line of a street u,)ou which a building is located nor nearer than 20 feet of any side or rear lot line exceptinC railroad trackage, and shall be so placed and arranged upon their re-peetive grounds so as to permit all loading and unloadlnr, on their own premises and not from a street or public highway. (b) Adequate autonobile parking space shall be provided for all persons, including employees dc,;ng business with the business conducted in such building. (e) No building shall be erected, altered or used in the Industrial District exceeding 100 feet in height except upon a special use permit granted therefor. 4y Fp Page 19. OPEN DEVELOPLMT-1ARdING DISTRICT SEC.'ION 37: That the following described portions of said Town of Plymouth are hei-cb- croaCed and established as an Open Development -Farming District, to -At: All of Sections One (1) to Twelve (12), both inelueive, and Sections Sixteen (16) , Sevbfteen (17) except the West $00 feet of that part of the Southeast quarter of ;he Southwest Quarter SSE S111)'lying North of State Highway No. 55, Eighteen (18), Nineteen 19) and Twenty (20). BECTIO14 13: That in said open development-fe.nAng district, unless otherwise in this ordinance provided, no building or land shall be used 'and no building Mall be hereafter erected or structurally altered except for one or more of the follovring uses: (1) 411 uses permitted in residence districts. (2) Farming, dairying, truck gardening and nurseries, including all farm buildings used in connection with such operations, but excludinZ hog, goat, sheep and/or fur bearing animal raising, which is not incidental to the rincipal use of the land. 3) Golf courses and country clubs. (4) Use of land for drainage. (5) Uses customari:'_v incident to any of the above uses when located on the su-,ne tract of land and not involving the.. conduct of a busine`s:, and so located and matintained on premises of adequate size and in relationship to the layrful use of other property in the district so as not to 'be noxious or of Pensive' by reason of emission of noise, or vibration, deemed extra hazardous by insurance companies, not to substantially reduce -the value of any property within the district or so as to arract or harbor mice, rats or other vermin. (6) Signs not --xceeding 20 square feet in area pertaining to the lease, hire or sale of buildin s or premises or of fa -m equipment and farm products, which signs on land used for farming shall not be errected and/or maintained nearer than 10 feet to any public road or 25 feet to any other property ling and on land platted or subdivided for dwellings, the set backs in this ordinance provided therefor shall be observed in the erection and maintenance of such signs; but no advertising sign of any other nature shall be permitted except upon special use permit therefor and a lic.ense there- for if such be required. And by Special Use Permit granted by the Town Board pursuant to recommendations of the Town Planning and Zoning Commission, the follotring uses, to -:grit: (7) Riding st able s. P696 20. SECTION _l8: Cont'd. Open llev.3loPment-Farming District n (S) Greenhouses. 9) Dog kennels but only in those portions of the district used for farming and then not nearer than 1,000 feet to any art platted, subdivided or used wholly fOr dwellings. 10) The raising of hogs, goats, sheep, fur bearing animals not incidental to the principal use of the land but only on lands wholly surrounded by farms, or substantially so. (11) Hospitals, sanatoriums, rest homes, convalescent homes, asylums or institutions of a kindred nature. (12) Public dumps, excluding any incinerator plant. That any permit grEint ed pur_ ruant hereto shall specify the use, size, height and location with legal description of any building covered thereby and the conditions upon which the same is issued. SECTION 19 (a) That except as in this section othe- •:rise provided each building erected in said Open Development -Farming, District for dwelling purposes, excepting upon farms, shall comply with the requirements set forth. in Sections 31, 69 7, 8 -.and 9 of this Ordinance. That in said district no dwelling excepting a farm dwelling; upon lands used for farming, shall be erected or used upon any lot or tract of land within 200 feet of a street or highway unless the same shell have a frontage of at least 80 feet upon the street or highway. That all dwellings shall not exceed two and one-half st,rries or 35 feet in height and each such dwelling shall have ea area of at least 520 square feet for the first floor with a ceiling of not less than seven feet; that no cesspool or septic tank shall be placed or used within 50 feet of any well or within 25 feet of any side or rear property line; that all dwellings shall have not less than two exits; that all farm dwellings shall comply with the require - menta set forth in Sections 6, 7, 8 and 9 of this Ordinance. (b) That any building erected or used in said Open Develop- ment -Farming District other than a dwelling, with or without an attached game, and other than barns and other buildings used in the operation of a farm shall comply with the reatrictioas and requirements in this section provided for dwellings and accessory buildings except, however, buildings erected and used for the uses described in Subdivision (2), (3) and (5) of Section IS of this Ordinance shall not be subject to the restrictions regarding first floor area.. That except upon land hereafter surveyed and platted, the plat of which h,:js been approved by the Town, board, no building shall be erected or used so as to be nearer than 100 feet to the property line of any other land used for dwelling purposes vad not nearer tha,i 50 feet to the side line of any public road. Any farm buildings, excluding dwelling may be altered or constructed without a permit. T 4 P;6 E - SIONS AND RWULATIONS APPLY ING �TO AI►:�, DIS�'�ICTS, LYON 20. Nothing in this Ordinance shell be deemed to prohibit the excavating of natural materials for the construction of a building permitted in the district in v&ich the same is to be located; whieh building is to be constructed on the same lot from which said 'material is excavated, nor the removal of material not necessary therefor, provided, However, that a permit shall have - been first obtained for the erection or alteration of the build- ing, in whah such material is to be used. Nothing in this ordinance shall be deemed to prohibit the construction or maintenance of any stand or shelter for the sale of agricultural products produced on the premises by the owner or lessee thereof provided, however, the same is used with a set back of 20 feet from the property line, it shall be so used . only during the season when such products are in season and customarily sold and at all other times shall be removed from said location. That in such case adequate parking for Vehicles shall be provided upon such premises. SCION 21. 'Tuildings erected or used for dwelling purposes ex - elusively in any district other than the residential districts shall comply with all the regulations of that district. SECTION 22 tuildin,gs- erected or used in commercial districts for both dwelling and uses provided for in commercial districts shall comply with all regulations of a residence district except that of front and side yards but no such sideyards shall be necessary on the street side of a corner lot. SECTION_ 23. No tavern, dance hall, or petroleum products distribut- ing stations shall be located or used within 500 feet of a school, church, hospital or other public meeting place having a seating capacity of more than 50 persons. SECTION 2214. iso filling station, service station shall be located or used within 300 fEet of a hospital or other public meeting place having of more then 50 persons. or public garage school, church, a seating capacity SECTION 25. T That the height limitations of this ordinenr4 shall not apply to chimneys, church spires, flag -poles, moni_..ents, radio towers and electric transmission lines. SECTION 26. hat no advertising or other signs or billboards or structures sb4ll be erected and/or maintained in the residential districts of the Town of Plymouth other than the folloiAng: signs PROVISION8 AND REGUT,ATIUI+iS APPLYING TO AI.I, nIMIO`T5. �...�..U._.... SECT ON 26 out id, not.exceeding eight (S) square feet in area pertaining only to .the sale, rental or lease of the premises upon which the same -ere V gnlayed; bulletin boards nine (9) square feet in area iden- tifyi%g public and seri-public buildings and for the posting of legal notices; and name plates not exceeding three hundred (300) square inches, provided, however, that such signs and structures may also be erected and maintained in the Commercial and Industrial districts upon permit or license being granted therefor. Directional signs Lf size, design and locfation approved by the Bu ldirL Commissioner may be erected and maintained in any district. SECTION 27. n computing yard dimensions measurement shall be taken from the neardst point of the wall of the building; or the nearest point of an enclosed portion of the building to the street or lot line except that (1) cornices, canopies or eaves may extend beyond such wall a distance of not exceeding two, and one-half feet and (2) a landing place or uncovered porch may extend beyond the wall to a distance of not to exceed six feet, providing said landing place or porch shell have a floor no higher than the entrance floor of the building. In determining the depth of a rear yard for any building where such rear yard opens into an alley one-half the oridth of said alley, not exceeding 10 feet , may be considered as a portion of such rear yard; provided, hoi5rever, that this provi- sion shall not be so applied as to reduce the depth of any rear yard to less than 15 feet and that in no case shall the door of any building or improvement, except a fence, open into any alley. SECTION 28. No sideyard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be considered as providing; a yard or open space for any other building and no yard or other open:space on one tract of land shall be considered as providing a yard or open space for a building on any other tract of land. .: 5EGfi30. i� .. 29_. No privy or outside toilet shall be erected in any district except by special permit from the town board; provided, however, a tanporary privy may be used'during the course of the construction of a building and a privy may be erected and used during the period of time in which a garac-e is used as a dwelling as provided for in Section 10 of this ordinance. 8EVrIQi4 20, 01 disposal of waste except that from a privy must be by septic tank or cesspool and every building having a lavatory or toilet and/or water closet shall be properly connected with an underground cesspool, septic tank or drain field so constructed, covered and operated that no offensive odors shall arise or other- wise escape_: therefrom. st ,Fxta Page 23 .. . r PROVgSIONS AND REGULATIONS APPLYING TO ALL DISTRICTS. SECTIO In case an application is made for a permit as required In Section 38 of this ordinance for any building, structure or other improvement in the residential and open development- farmiag districts said application shall be accompanied by draw- ings or sketches shoiAng the elevations of the proposed building structure or other improvement or of the building structure or other improvement as the same ti -,rill appear after the work for which the permit is sought shall have been completed. Such dravrings or sketches shall be considered by the P&Anning and Zoning Commission in an endeavor to provide that such buildings, structures or other improvement shall be so designed and constructed that they will not be of unsuitable, undesirable or obnoxious appearance to the extent that they v,dll hinder the orderly and hammonious develop- ment of the toi,rn, impair the desirability of residence investment or occupation in the town, limit the opportunity to attain the optimum use and value of the land and improvement, impair the desirability of living conditions in said district or otheriise adversely affecting the general propperity and welfare. To that end the said commission shall suggest any changes in the plems of such proposed buildings, structures or other improvements a::'z it may deem necessary to accomplish the purposes of this sectican and shall not approve any such plans until it is satisfied that such purposes will be accomplished thereby. In case the applicailit is not satisfied with the action of the Planning UoaZmission he!may vrithin thirty (30) days after sucxi acting appeal in writingjto the To= .hoard Which shall hold a hearing on said appeal ani;. ren- der its decision 13thin thirty (30) days after the filing thereof. No permit, as provided by this ordinance shall be issued unl`sss the plans, filed with the application therefor as required ii``t this section shall have been first approved by the said Comualssion or by the Town Board. � SECTION 32. A garage mai- be built upon a lot line by mutual aE;reOment and mutual driveways from the common lot line may be constructed by agreement of the owners of the adjoining lots. That no divi'sion fence or wall higher than 36 inches other than a retaining wall '%. shall be built or maintained or any hedge grovin on or near the 11.ne between the two, lots or building sites betvjeen the street property line and the front building line except by agreement or upon special use permit therefor. SECTION. Excepting by public authority, no obstruction, diversion, bridging, or confining of the existing channel or any natural waterway in this tovm throuLl gh which surface water in times of storms naturally flours upon and across the land shall be made without the approval of the Town Board. r i'i s ti is Z 7 -aj t F$7 Gr Pale F PROVISIONS AIM REGULATIONS APPLYING TO ALL 'DISTRICTS SIMION 34. xcept as otherwise provided in this section the lawful use of any land or building existing at the time of the taking effect of this ordinance may be continued although such use does not conform to the regulations provided by this -Ordinance for the district in which such land or building is located, provided, however, that no such non -conforming use of the land shall be enlarged or increased nor shall such non -conforming use be ex- tnnded to occupy a greater area of land than that occupied by .such use at the time of the taking effect of this ordinance; nor shall any such non -conforming use be moved to any other part or parcel of land upon which the same in conducted at, the time of the taking effect of this ordinance. If such non -conforming use con- sists of a substantial building and ceases for a continuous period of tyro years any subsequent use of said building shall be in conform- ity to the regulations specifieu in this ordinance. No non -conform - Ing use, if once changed to a use permitted in the district, shall be changed back to a non -conforming use. If, at any time, any building, except dwellings and farm buildings, exclusive of foundation, in existence or maintained at the time of the taking effect of this ordinance which does not conform to the regulations -- of this ordinance provided, shall be substantially or wholly destroyed by firb, earthquake, windstorm or explosion, then the said land on whiei such building was located or maintained shall from and attar the date of such destruction be subject to all the regulations specified by this ordinance. That if any two or more buildings used as dwellings upon any one lot be so destroyed, then said lot can be thereafter built upon only in conformity to the regulations of this ordinance. SECTION Regardless of any other provisions of this ordinance no junk yard existing as a non -conforming use in a residential or the open development -farming district at the time of the taking affect of this ordinance shall continue as herein provided for non -conforming uses for more than one year after the taking effect of this ordinance. No junk yard which, after the taking effect of this ordinance exists as a non -conforming; use in any commercial or industrial district shall continue as herein provided for non -conforming uses unless such junk yard shall within one year after it has become a non -conforming use be completely enclosed within a building or within a continuous solid fence not less than eight feet in height and in any case of such height as to completely screen all the operations of such junk yard. The plans of such building; or fence shall first have been approved by the Punning and mooning Commission. All other applicable provisions of this ordinance shall apply to any non -conforming junk yard. -t 1 � t - x Page 2 (a) That the office of Town building Commissioner be and hereby is established, and that no building shall be erected, moved or altered in this to= unleas a p0nait therefor shall be first granted by the Building Commissioner upon application to him therefor, accompanied by a plat of the land and the plans of the proposed building, shovrin; that the provisions of this ordinance including Section 31 idll be complied with in the erection or alteration of such building, but such application may be by said Building Commissioner first referred to the Planning & Zoning Commission; that upon completion of such building, the same shall not be occupied and used until the provisions of this ordinance have been complied w- th and said biuilding Commissioner shall have isau :d a ce-i ificsate of occupancy therefor, except a temporary certificate may be issued for a period of not excoed:ing six (6) months during construction. The Building Commissioner shall collect and pay into the Town Treasury the folloAng fees: For building permit for a dwelling including inspection and certificate of occupancy - $7.50 For building permit for accessory building In residence districts not erected at the same time as a dwelling including, inspection and certificate of occupancy - x`2.00 For a building permit for a commercial building including inspection and certificate of occupancy - w25.00 For a building permit for industrial buildings Including inspection and certi- ficate of occupaney,a minimum of X25.00 which shall oover a building not exceed- ing 15000 cubic feet and 410.00 for each additional 20000 cubic feet. That in the case of the erection of additions to existing buildings the Building Commissioner may make such reduction in fee& as may be proper therefor. The work of construction of any building shall be prosecuted diligently and continuously from the time of the issucunce of the permit until the same shall be fully completed. (b) If the Building Commissioner shall be informed, or have reason to believe, that any provision of this ordinance or of any permit or decision thereunder has been, is being, or is about to be violated, he shall make or cause an investigation to be made of the Facts, including an inspection of the premises where the violation may exist, and, if he finds any violation, he shall give immediate notice in writing; to the aanor or his duly authorized agent and to the occupant of the premises. If, after such notice, such violation continues, with respect to any use contrary to the provisions of this ordinance, the Building, Commissioner shall, forthwith, revoke any permit issued in connection with the premises and shall take such other action as is necessary to enforce Page 26 PROVISIONS 91D REGULA IONS APPLYIM TO ALL DISTRICTSS t;TiONy Cont I d. -. -- - �- - t�e provisions of this ordinance. (c) That any person Who shall commence the erection Of any building for which apermit is required %�rithout first having; obtained such permit 6hall not then be entitled to receive any permit for such building unless he shall in addition to the fees for permits provided for in paragraph (a) of this section, pay an additional fee amounting to fifty percent of the applicable permit fee. SECTI01 . W enever any land is platted into building lots and streets for public uses in connection therewith, no building shall be erected upon any of the lots included in any such plat uni.ess the location of the roads and streets shown thereon and dedi- cated thereby shall be first approved by the town board and all such roads and streets are at lees*; 60 feet in %Adth. No buildings shall be erected in any natural draina,;eway or lake. SECTION S a 'ppliaetion for the issuance of a Special Use Permit shall be made to the Town Planning and Zoning Commission; provided that the proceedings to classify certain uses as conforming uses as provided in this section may be initiated either by such application or be the Town Board or by said Commission. Said Commission may hold such hearings on the proposal to issue a Special Use Permit as it may consider necessary; but at least one public hearing shall be held on any application for a use permit for the establishment of any use for which special permits are required. Following the aforesaid hearing, the said Commission shall make a report to the Tovm board upon a proposal and shall recommend to the Tovm Board whatever action it deems advisable; but it shall not recommend the granting of a permit unless it finds that the establishment, maintenance, or conducting of the use for which a Special Use Permit is sought will not under the circumstances of the particular case be detrimental to the public welfare, will not substantially reduce the value of any property within the district or be otherwise injurious to property or improvements in the neighborhood. It may designate conditions and require guaranties in the granting of Special Use Permits. Upon receipt of the report of said Commission, the Town board shall hold whatever public. -hearings it deems advisable and shall make a decisto3 upon the proposal to great a Special Use Permit. if it finds that the conditions exist which are necessary under this section before said Commission may recommend the granting of a Special Use Permit, the Town Board may grant the Special use Permit and it may attach to the permit such conditions and guaranties as itdeems necessary to substantially secure the objects of this ordinance. Such Special Use Permit shall be Issued by the Building Commissioner upon the payment of a fee of $5.00 except in cases of such ,permits issued for advertising signs or structures for Mich the fee shall be y:10.00. Before P$g'e 27` PROVISIONS AND REGULATIONS APPLYIW TO ALL DISTRICTS SECTION 381 CORE t suc permit is issued, the applicant shall pay the cost of posting end publication of all notices of hearing and the expense of preparation of the same, of any resolution therefor and of the permit to be issued. (b) kny use permitted under the terms of any Special Use Permit shall be established in conformity to the terms of such permit and of any condition designated in connection there:rith. . (c) The Planning and Zoning Commission, subject to the approval and confirmation of the Town Board, in each case as hereinafter provided shall have power to grant adjustments and exceptions in and to any of the ;provisions of this ordinance to } the extent of varying; or .codifying the strict apps-ication of any of the reCulations or provisions eontaineu in this ordinance in cases in which thea: are practi,ca-1 difficulties or unnecessary hardships in the way of such stricta plica-.tion, but to no greet ar extent. Application for any adjustment permissible her-under shall be made in writing to said Commission and the Procedure shall be the same as in case of Special Use Permits. SECTION _'39:- Use Permit Petition. Petitions for the construction axf :Use of any building or property in the Town for a purpose not epecifie ally provided for under the terms of this ordinance shall be addressed to the Town Board of the Town of Plymouth setting forth the description of the property propo.-ed to bet so used, the e of the proposed use, and the names of all persons interested T� aid proposed use. Upon recei:)t of such a ;petition togetli+-,r with such sum of money as shall be sufficient to pay for thc!- posting of all notices required and the expense of all special atieetings or hearings required for the consider,-,tion of such petition and the legal expense attendant t2cerefor, said Town Board shall refer the same to the Planning and LoninF, Commission who shall set a time and place for a public hearing before said Com- . m:hss;i on on such petition. Said Commission shall cause a nat ice of the time and place and purpose of said hearing to be posted by the Building Commissioner in a conspicuous place on the premises described in the petition and shall cause such a notice to be posted in three public places in said Tovai. At such heE,rings the petitioner shad show: (1) That there are special eircumsttjnces or conditions affeot*.ng t1-3 land, building or use referred to in the petitiob, and (2) That the granting; of the permit to so use the property is necessary for the preservation and enjoyment of substantial propert rights, and ( That the use of property in the manner proposed in said petition will not matf'rially affect adversely the health or safety of persons residing: or %orking in the neighborhood of siddu.prop- erty and will r_.�t be materially detrimental to the public welfare or injurious to. :rty or improvements in said neighborhood, and .�i11 not su'i. zit a-it ially ' reduce the value of any property within i. PROVISIONS ANS SBCTION� Cont Irl. �r ct it ALL e s , Said Commission in its discretion may adjourn its hearing on said pet1tion from time to time. After the completion of said hearing on said petition, said Commission shall mane a vrritten statement of its findings of fact and shall thereu_7on hand the same to the Town Board together with its recommendation as to vlhether or not, in its opinion permission should be granted to the petitioner to use the property as set forth in the petition. Said Commission may also submit its recommendation as to such conditions in connection therewith as will substantially secure the objects of this ordinance. Upon receipt by the Tovm Board of said findings of fact and recommendations, said Board shall, by ordinance either grant or refuse to grant a permit for the use of the premises as sat forth 'In the petition. I1' seid Board shall grant permit-slon to so use the premises it maf attach such conditions to such permit as it, in its discretion, deems necessary to substan- tially secure the objects of this ordinance and may require such guarantees as it may deem necessary to assure the fulfillment of such conditions. Upon the granting by the Town Board of permission to use the premises described in any such petition for a purpose not specifically provided for by this ordinance, the Building Commissioner shall issue a "Use Permit." Such "Use Permit," shall contain a statement of the conditions, if any, under which it is issued. A fee of Ten 0,10.00) Dollars shall be paid for such permit. SES This ordinance may be amended by the ?ovm Board by a two -third vote of all members of the Tovm i3oard voting in favour of such Amendment. SECT: ON_r�1. For the purpose of this Ordinance certain terms and words are hereby defined as follows: (1) Accessory Building. An Acce.sory Building is a subordi- nate building or a portion of the main building the use of which is incidental to that of the main building, or to the use of premises. (2) Basement. A basement is a story partly underground having a part of its height, above the highest level of the adjoining ground. (3) Building. Any structure for shelter, support or enclosure of persons, animals, chattels or property of any kind and when separated by party walls withoutopenings each portion oarsuoh building so separated shall be deeraed a separate building. -i (4) A dwelling is any house or building, or portion thereof which is occupied in whole or in part as a home, residenee,or sleeping place of one or more human being:. either permanently or transiently. (5) Dwelling, Private. A Private Dwelling is a detached Mg �r P, 9 PROVISIONS AND R ULATIONS APPLYING TO ALL DISTRICTS S BOTION 1: Cont t d.� TwelTin ocaup by but one family aloe@. - (6T Dwblling, Two -Family. A Two-family Dwelling is a detached or semi-detached dwelling occupied by but two families alone. (7) Family. A family is any Humber of individuals occupying a single non-profit housekeeping unit not a boarding House, Lodg- ing House, or Hotel. (8) Garage, Private. A Private garage is a garage with a (rapacity of not more than three (3) power driven vehicles for 66ora.ae only. A private garage may exceed three (3) vehicles capacity provided the area of the lot whereon such Private Garage is located shall contain not less than ten (10,000) square feet for each vehicle stored. (9) Height of wilding. The height of a building is the vertical distance measured from street level to the highest point of the roof beams in case of flat roofs, to the deck lins of mansard roofs, and to the mean height level between eaves and ridge for Ur.ble, hip, and gambrel roofs, the meesurements in all cases to be taken through the center of the front of the builaing. 'Where a build is set back from the street line the height of the building may be measured from the average elevation of the finished ,grade along the front of the building. Where a building ... is on a corner lot and there is more than one grade or level the measurementshall be tarsen through•the center of the side of the building on the street having the lowest elevation. (10) Lot. A lot is the land occupied or to be occupied by a�.building and its accessory buildings and including such open spaces as are required under this Ordinance. (11) Lot Area. The lot area is the land area within the lot lines, and shall be interpreted to include the area of that portion of any abutting alleys and streets permitted and defined as the minimum requirements for side or rear yards in the State Housing Act. (12) Non -conforming Use. A non -conforming use is the use of a building or premises that doew not conform with the regulations of the district in which it is situated. (13) Street. A street is a public thoroughfare sixty (60 ) feet or more in width. (14) Yard, Side. An open unoccupied space on the same lot with a building, between the building and the side line of the lot and extending from the front line of the building to the rear line of the lot. (15) Yard, Rear. A yard extending ac_ iss the full width of the lot and lying between the rear line of the lot and the near- est line of the building. (lb) Yard, Front. A front yard is a yard between the front line of the lot. (17) :Public Garage. Any premises except those described as a private garage ua'od for the storage or care of power driven vehicles or where any such vehicles are equipped for operation, Page 30. PROVISIONS AND R ULATIONS APPLYING TO ALL DISTRICTS SECTION 417. -Cont' d A .' pie rd, or are kept for remuneration, hire or sale. (18) Private Stable. A private stable is a building or structure, or part thereof, in which one or more horses, belonging to not more than two persons, one of whom, at least, is the oi,,ner or a tenant of the premises, are kept, solely for the ;private or pro- fessional use of their oyrner, and in which stable no space is rented out to more than one person other than the Omer or a tenant of the premises. (19) Gasoline .Pilling Station. A gasoline filling station is a building; or structure, or thereof, used in connection with tanks, pumps, and other appliances, for supplying motor vehicles idth gasoline, compressed air, oil, water, and similar supplies for profit, but not for the puri ;)se of making repairs. (20J Service.Station. A service station is a building or structure, or part thereof, used for supplying; accessories to or part of motor vehicles for profit, with facilities for making minor changes and adjustments to motor vehicles, but not struct- ural changes or repairs, nor doing work involving the use of manhinery. (21) Natural Drainage. A creek, Swale, valley swamp, or marsh. (22) Church, Denominations of Baptist, Catholic, Congrega- tional, Episcopal, Christian �cienee, Lut.'heran, Methodist, Presbyterian, or any other established religious order. The purpose of this definition is to differentiate between such organizations and experimental cults or orders that call them- selves a church. (23) Hotel. Any building or part thereof containing six or more guest rooms used, designed or intended to be used, let or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation is paid directly or indirectly. ( 24) Junk Yard. The use of any lard for 'stora-e or keeping of junk including scrap metals or for the dismantling or nrecking of automobiles, or other vehicles or maehiner, provided, however, that thaw definition shall not be deemed to include any case of storage of materials which is incidental or accessory to any business or individual. use on the same lot. (25) Story. That portion of a building included between the surface of any floor and the surface of the neat floor above it, or if there is no floor above it then the space betv�een the floor and the ceiling next above it. (26) Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. %4(l JU.Ley. — puo.Llc zaorougnr'are less than 30 feet in width. (28) Farming. The growing and production of agricultural products, poultry and live stock upon a tract of land not less then 5 acres in extent. (29) Outddor Advertising Sign. %hy card, cloth, paper, metal, painted, glass, wooden, plaster, stone or other,. -.-Ise of any PROVISIONS AND REGULATIONS AP LYING TO ALL DISTRICTS UON 1: Cont' d. ; k `n or c aracter whatsoever placed for outdoor advertising purposes on the round or nn an tree wall bush 4- 0 Y , , , roes, pos , fence, building, structure or thing whatsoever. The term "placed" as used in the definitions of "outdoor advertising sign" shat" include erecting, constructing, posting, painting, printing, tackling, nailing, gluing, stocking, carving or otherwise fasten- ing; affixing or making visible in any manner whatsoever. (30) Outdoor advertising structure. Any structure of any kind or character erected or maintained for outdoor advertising purposes upon which any outdoor advertising; sign may be placed including also outdoor advertising statuary. (31) Motel. Any location where overnight lodgin facilities are provided by the use of cabins, cottages and like structures for persons traveling by automobile or otherAise. SECTION 42: any person who shall lmottringly violate, infract or disobey any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof punished by imprison- ment in the county jail for not to exceed 90 days or by a fine of not to exceed �-4.100.00 and costs. SECTION 43: Each and every part of this Ordinance is declared to be separate and independent of any other part. The unconstitution- ality of any section or subdivision thereunder or herein shall not affect any other part. SECTION 44 This ordinance shall be published in the Minnetonka Heraald of Yiayzata, Minnesota, and shall take effect immediately upon its publication. Passed by the To= board of the Town of Plymouth this 9th day of November, 1919. Philip J. Eckes. Chairman of Town Board. Attest. -H. Z'. Jordan, Town Clerk