HomeMy WebLinkAboutCity Council Ordinance 1961-01Village of Plymouth
Ordinance No. 61-1
An Ordinance Amending the Zon-
ing Ordinance of the Village of
Plymouth (Multiple Dwelling)
The Village Council of ti,e Vil-
lage of Plymouth does hereby
m dain as follows:
Section 1. Amendment of Exist-
ing Ordinance
Section 2 of Plymouth Village
Zoning Ordinance No. Two is
hereby amended to add the fol-
Inwing Sections thereto.
Section 2. Establishment of
Multiple Dwelling Zoning Classi-
fication
Section 2.01. There is hereby
established as a separate classifi.
cation within the Plymouth Vil-
lage Zoning Ordinance the classi-
fication of "Multiple Dwelling
'Lone."
Section 2.02. A "Multiple Dweii-
ing" is hereby defined as any
structure occupied or intended to
he occupied exclusively for resi-
dence purposes and containing
three (3) or more separate resi-
dential units.
Section 2.03. A "Multiple Dwell-
ing Zone" is hereby defined as
any land area within the limits
of the Village which may here-
after be designated by the Village
Council as such and within which
a multiple dwelling or dwellings
may be constructed and o;renrted.
Section 2.04. "Accessory '.suild-
ing" is hereby defined as a struc-
ture subordinate to the principal
building or structure on the same
land and customarily incidental
thereto.
Section 2.05. The Village Coun-
cil may by ordinance after having
obtained the advice and recom-
mendation of We Planning Com-
mission establish multiple dwell -
ng zones.
Section 3. Permitted Uses
Section 3.01. The following
uses, and no others, shall be per-
mitted in the Multiple Dwelling
Zone:
(a) All uses permitted in the
Residential Zone subject to the
restrictions imposed upon such
uses by Plymouth Village Zon-
ing Ordinances.
(b) One to eleven family
dwelling structures provided
however, that at least one-ha!f
(!-i of the living units con-
tained within a multiple dwell
ing shall have no more than one
(1) bedroom.
(e) Essential service sti uc-
tures, including but not limited
to buildings, such as telephone
exchange sub -stations, booster
or pressure regulating stations.
wells and pumping stations.
elevated tanks and electric
,power sub -stations.
Section 4. Permitted Accessory
Uses
Section 4.01. Within any mul-
tiple dwelling zone the following
uses shall be permitted accessory
uses:
(a) Private garages and off-
street parking spaces.
(b) Private swimming pool
for one (1) or more families
with water surface area not in
excess of eight hundred (800)
square feet and provided such
pool shall be adequately screen-
ed from abutting property.
tc) Signs as may be approved
by the Village Council.
(d) Accessory buildings nec-
essary to the maintenance anal
operation of the multiple dwell-
ing, provided that any such ac-
cessory building shall be 1( Gat-
ed in the rear yard area and
shall not occupy more than
twenty-five (25) per cent of said
rear yard area.
Section S. Uses By Special Per.
mit
Section 5.01. Within any mul-
tiple dwelling zone the following
uses shall be allowed only by
special permit of the Village.
Council:
(a) Motels and motor hotels
if located on property having
frontage on a State or Federal
highway, or service road ancil-
lary thereto, provided the num-
ber of rental units is limited to
one (1) for each nine hundred
(900) square feet of lot area.
(b) Nursing homes, rest
homes, old peoples' homes and
similar uses, provided the site
shall contain not less than five
hundred (500) square feet of lot
area for each person to be ac-
commodated.
(c) Day Nurseries and Nur-
sery Schools, provided that not
less than forty (40) square feet
of outside play space per pupil
be provided and that such space
be fenced and screened as re-
quired by the 'Village Council.
Section 6. Lot Area, Lot Width,
Yard Requirements and Buildable
Height
Section 6.01. No structure or
building shall exceed two and
one-half (2%) stories or forty (40)
feet in height, whichever is the
lesser except for the following:
(a) Water Towers.
(b) Fire and Hose Towers.
(c) Flag Poles.
(d) Chimneys.
(e) Smokestacks.
(f) Parapet walls extending
not more than three (3) feet
above the limiting height of the
building.
(g) Cooling Towers.
(h) Elevator Penthouses.
(i) Such other structures as
may be allowed by special per-
mit of the Village Council de-
termining that such structures
would not be dangerous and
would not adversely affect ad-
joining or adjacent property.
Section 6.02. The following shall
be the yard set -back requirements
in the multiple dwelling zone:
(a) Side yard -30 feet.
(b) Side yard abutting a pub-
lic street -50 feet.
(c) Front yard --50 feet.
(d) Rear yard -50 feet.
(e) Distance between princi-
pal buildings -60 feet.
Section 6.03. Permitted acces-
sory uses shall be located at least
forty-five (45) feet from property
in the residential zone, at least
thirty (30) feet from any street
line, at least twenty (20) feet from
any alley line and at least fifteen
(15) feet from any principal build-
Section 6.04. The following shall
be the lot area, building area and
living area requirements in the
multiple dwelling zone:
(a) Lot area -18,500 square
feet minimum.
(b) Lot area per dwelling
unit --3,500 square feet, exclu-
sive of off-street parking.
(c) Combined area of princi-
pal and accessory building may
not occupy more than 20% of
the lot area.
(d) Each dwelling unit shall
contain not less than 540 square
feet of living space for a one -
.bedroom dwelling, 720 square
feet for a two-bedroom dwell-
ing and an additional 120 square
feet for each bedroom there-
after.
Section 6.05. Each lot shall have
a frontage on a public street of
not leas than one hundred ten
(110) feet.
Section 7. Off.S seat Parking,
A c c Drives, and Loading Areas
Section 7.03. One and one-half
(1%) off-street parking spaces
shall be required for each dwell-
ing mit within the multiple
dwelling and at least one (1) ac-
cess drive of at least 22 feet in
width must be provided for each
principal building.
Section 7.02. Unenclosed off-
street parking areas and access
drives shall be surfaced with bi-
tuminous or concrete and lighting
of these areas shall be accom-
plished in such a way as to have
no direct sot:rce of light visible
from the public right-of-way or
adjacent land in residential use.
Section 7.09. Off-street parking
areas and access drives shall be
constricted so as to afford proper
drainage of surface waters and
such construction shall be subject
to the approval of the Village En-
gineer.
Section 7.04. Garages if provid-
ed shall be constructed using the
same architectural design as the
principal building.
Section 7.05. Not more than
20% of the front yard set -back
area may be used for off-street
parking.
Section 7.06. The following;
shall be the loading area require-
ments in the multiple dwelling
zone:
(a) Any loading berths pro-
vided shall be off-street, shall
not cxcupy the required front
ti•ard set -back area and shall
not be located within fifty (501)
feet of a residential zone.
(b) No loading berth shall
be used for the storage of goods
v.• inoperable vehicles and shall
not be included as a part of the
space necessary to meet the off-
street parking area require-
ments.
section 0. Accessory
Requirements
Section 8.01. The following are
required as accessories to each
principal building:
(a) Permanent fuel fired
trash burners to be constructed
as an integral part of each
principal building.
(b) Garbage containers which
must be enclosed.
(c) An area for laundry fa-
cilities must be provided equiv-
alent to forty-five (45) square
feet for each dwelling unit and
must be contained within the
principal building.
(d) Playground areas as may
be required by the Village
Council after obtaining the ad-
vice and recommendation of
the Planning Commission.
Section 9. Water supply, Sewage
Disposal. Surface Water and
Screening
Section 9.01. The Village En-
gineer must approve the plans for
the water supply, surface drain-
age and sewage disposal for each
principal building and such ap-
proval must be obtained before a
building permit is issued.
Section 9.02. 1.x)ts :n the multi-
ple dwelling zone which abut
residc-ntially zoned areas must be
adequately screened by such
screening materials as may be
required by the Village Council.
Section 10. Issuance of Building
Permits
Section 10.01. In addition to
the requirements of Sections
three (3) through nine (9) of this
ordinance, no building permit
shall be issued in a multiple
dwelling zone until the following
requirements have been met:
(a) The area proposed for a
multiple dwelling zone shall be
platted into lots and such plat
or plats shall be subject to the
approval of the Village Counc l
after obtaining the advice and
recommendation of the Plan-
ning Commission.
(b) A plot plan showing thci
location and size with reference
to the platted lots of the prin-
cipal and accessory buildings,
off-street parking areas and
access drives shall be submitted
for approval by the Village
Council after obtaining the ad-
vece and recommendation of the
Planning Commission.
Section 11. Appacaliions and
Hearings
Section 11.01. All persons, firms,
corporations or voluntary associa_
tions making application to the
Village of Plymouth for the es-
tablishment of a multiple dwell-
ing zone shall present with their
application a map or Plat show-
ing the area with respect to which
the application applies a" all
lands within three hundred (W)
feet of the boundaries of the pro.
posed multiple dwelling zoaaa to-
gether with the names and ad-
dresses of the owners of the lands
in such area as the same appear
on the records of the County
Auditor of Hennepin County,
Minnesota. Such application stall
be submitted to the Village
Clerk.
Section 11.02. The Planning
Commission of the Village of
Plymouth may initiate applica-
tions for the eatabiishment of
multiple dwelling =am
Section 11.03. Whenever appli-
cation is made to the Village
Council of the Village of Plym-
outh for the establishment of a
multiple dwelling zone pursuant
to the provisions of this ordi-
nance, the Village Council sell
refer the matter to the Planning
Commission of the Village of
Plymouth for its study and advice
and recommendation.
Section 11.04. The Planning
Commission shall hold a public
hearing on the question of the
establishment of such multiple
dwelling zone and notice of such
public hearing shall be given by
publication of a notice of such
hearing in the legal newspaper
of the Village of Plymouth not
less than ten (10) days nor more
than thirty (30) days prior to said
hearing, setting the time and
place thereof, the description of
the property proposed to be es-
tablished as a multiple dwelling
zone and a general statement of
the nature of the proposed change.
Not less than ten (10) nor more
than thirty (30) days prior to said
hearing, a copy of said notice
shall also be served upon all
owners of land within three
hundred (300) feet of the boun-
daries of the proposed multiple
dwelling zone by mailing a copy
of such notice to said persons at
their last known address as shown
by the records of the County Au-
ditor of Hennepin County, Min-
nesota; provided that such notice
need not be mailed to persons
who have signed a written peti-
tion or made application for the
creation of the proposed multiple
dwelling zone. Proof of service
in the manner aforesaid shall be
made by the adiffavit of the per-
son or persons mailing said no-
tices and shall be filed with the
Village Clerk.
Ssetlon IL Variances
Section 12.01. The Village Coun-
cil may grant variances from the
strict application of the provisions
of this ordinance and impose con-
ditions and safeguards in the var-
iances so granted, in cases where
by reason of narrowness, shallow-
ness, or shape of a lot, or where
by reason of exceptional topo-
graphic or water conditions or
other extraordinary and excep-
tional conditions of such lot, the
strict application of the terms of
this ordinance would result in
peculiar and practical difficulties
or exceptional or undue hardship
upon the owner of such lot in de-
veloping and using such lot In a
manner customarily and legally
permissible in the multiple dwell-
ing zone. Applications for vari-
ances shall be filed with the Vil-
lage Clerk and shall state the ex-
ceptional conditions of the lot and
the peculiar and practical diffi-
culties claimed as a basis for such
variance.
Section 12.02. Before authori-
zation of any variances, the re-
quest therefor shall be referred
to the Planning Commission of
the Village of Plymouth for study
concerning the effect of the pro-
posed variance upon the character
and development of the neighbor-
hood and surrounding area and
for its advice and recommenda-
tion to the Village Council for
the granting of such variance
from the strict application of the
provisions of this ordinance so as
to relieve such difficulties or
hardship to the degree considered
reasonable without impairing the
intent and purpose of this ordi-
nance. The Planning Commis-
sion shall recommend such con-
ditions related to the variance re-
garding the location, character
and other features of proposed
buildings, structures or uses as
it may deem advisable.
section 13. Violdim a" P"alty
Section 13.01. Any person,, Mn,
corporation, or vOhMtary 8000da-
tion, which violates or refuses to
comply with any of the provisions
of this ordinance shall be guilty
of a misdemeanor, and upon con-
viction thereof be subject to a
fine of not less than Five Dollars
($5.00) nor more than One Hun-
dred Dollars (=100.00) for every
offense or to imprisonment not
exceeding ninety (90) days. Mecb
day that a violation is permitted
to exist shall constitute a separ-
ate offense.
Sectim 14. >lStae firs Daft
Section 14.01. This Ordinance
shall become effective upon its
passage and publication.
Adopted by the Village Council
February 21, 1061.
/s/ Howard C. Anderson,
Mayor
Attest:
/s/ Carl J. Bergquist,
Acting Clerk.