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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.