HomeMy WebLinkAboutCity Council Ordinance 2009-07CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2009-07
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE,
ENTITLED THE PLYMOUTH ZONING ORDINANCE (2008076)
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendments. The text of Chapter 21 of the Plymouth City Code is hereby
amended as follows:
A. SECTION 21005.02 (RULES AND DEFINITIONS—DEFINITIONS) IS HEREBY
AMENDED BY ADDING, DELETING, OR CHANGING THE FOLLOWING
DEFINITIONS AS FOLLOWS:
Animals:
(a) Domestic Animals. For purposes of this Chapter, a domestic animal shall be
defined as house pets such as dogs, cats, and birds (except those defined as farm animals
or wild animals) whim& that can be contained within a principal structure throughout the
entire year, provided that containment can be accomplished without special modification
to the structure requiring a building permit from the City. In addition, it includes birds
atmrabbits normally sheltered outside the home.
(b) Farm Animals. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses
(including miniatures) and other animals commonly accepted as farm animals in the State
of Minnesota. (Amended by Ord. No. 2008-09, 03/25/08)
Automobile Repair, =Major: Any building or premises or portion thereof where the
primary use involves engine rebuilding or major reconditioning of worn or damaged motor
vehicles or trailers; collision service including body, frame, or fender straightening or repair; and
overall painting of vehicles. (Amended by Ord. No. 2000-09, 03/21/00)
(1)
Automobile Repair, _Minor: Any building or premises or portion thereof where the
primary use involves incidental repairs, replacement of parts; ii+tg-such as tires, brakes,
transmissions, mufflers, and -exhaust systems, and batteries, et, -=,M well as lubrication and motor
service to automobiles. Services offered may include engine rebuilding and reconditioning
accessory to the primary use, but shall not include any other operation specified under
"automobile repair, major". (Amended by Ord. No. 2000-09, 03/21/00)
Cemetery: A parcel or tract of land used or intended to be used s F the be-ift' of as the
final resting place of the human dead_ The definition Wig -includes burialorg unds,
e'umb -itims, ematedes, columbaria, and mausoleums and mertuar-ies when eperated within
the boundaries of sueh eefnetefy.
Commercial Recreation: See "Recreation Commercial."
Dwelling Unit: A residential building or portion thereof intended for occupancy by one
(1) or more persons with facilities for living, sleeping, cooking and eating;, _lout -The definition
does not ineleditig-include hotels, motels, sing -Demes; tents, seasonal cabins, boarding or
rooming houses, motor homes, or travel trailers, nor does it include licensed residential facilities
(e.g., assisted living, memory care, skilled nursing) that do not provide cooking facilities within
resident rooms.
Formatted: Font: Times New Roman, Bold
Governmental Building: A building that is operated by the U.S. federal government � Formatted: Font: Times New Roman, Bold
State of Minnesota, Metropolitan Council, Hennepin County, or City of Plymouth for purposes Formatted: Indent: First line: 0.5"
of carrying out governmental duties. The definition does not include publicly or privately
operated school facilities (e.g., classrooms, administrative offices, maintenance buildings).
Hardship: A situation where property in question cannot be put to a reasonable use
under the conditions allowed by the official controls; the plight of the landowner is due to
circumstances unique to Isis -the property, not created by the landowner; and the variance, if
granted, will not alter the essential character of the locality. Economic considerations alone shall
not constitute a hardship if a reasonable use for the property exists under terms of the official
controls.
Impervious Surface: _An artificial or natural surface that is highly resistant to
infiltration by water. It includes surfaces such as compacted sand or clay as well as most
conventionally surfaced streets, driveways, roofs, sidewalks, stoops, tennis courts, SSW in _._ Formatted: Font: Times New Roman, Not
peels, -parking lots, and other similar structures. Impervious surface shall include any portion of Highlight
an eave overhang that projects more than thirty (30) inches out from the wall. Impervious
surface shall also include cantilevered areas located less than six (6) feet above the adjacent
grade, and any portion of cantilevered areas together with any related eave overhang that projects
more than thirty (30) inches out from the wall. Impervious surface shall exclude the surface
water area of swimming12ools provided there is at least six (6) inches between the water
elevation and the top of the pool. Impervious surface shall also exclude the area covered by free-
standing retaining walls, and the area covered by man-made surfaces (e.g., certain paver systems,
(2)
green roofs) that are constructed to allow absorption of a two and one-half (2.5) inch rain event
into the soils directly below within twenty-four (24) hours. In order for pavers to qualify as
pervious, the paver system shall be designed, installed and maintained pursuant to city
specifications, subject to city approval and inspection.
judusta, Heavy: A use engaged in the basic processing manufacturing of material r,,--- Formatted: Font: Times New Roman, Bold
or products predominately from extracted or raw materials, or a use engaged in storage Formatted: indent: First line: 0.51,
manufacturing processes using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous or commonly recognized offensive conditions.
rivate Club: See "Club Private." Formatted: Font: Times New Roman, Bold
Recreational -Field; Facility An area of land, water, or any
building where amusement, recreation or athletic sports are provided
use, whether temporary or permanent, except a theater, whether provision is made for the
accommodation of an assembly or not. A -The definition includes golf courses, arenas, baseball
parl—,stadiums, or -gymnasiums, soccer fields, multi-purpose athletic fields, and similar uses -is --a
Feereation field or building &r the purpose of this Chapte .
Religious Institution: A building or portion thereof, together with its accessory
buildings and use, where persons regularly assemble for religious purposes and related social
events and which building, together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain religious ceremonies and purposes.
Sign Related:
(a) Abandoned Sign: A sign and/or its supporting structure which is in good
condition (without holes or other evidence of disrepair or damage) but 1) identifies or
advertises a business, lessee, service, building occupant, or activity that has not been on
the premises for more than one hundred eighty (180) days; 2) the display surface remains
blank for more than one hundred eighty (180) days; 3) the message pertains to a time,
event, or purpose which no longer applies; or 4) remains after demolition of a principal
structure.
(b) Area Identification Sign: A freestanding sign identifying the name of a single
family residential subdivision consisting of five (5) or more lots; a multiple family
residential complex consisting of ten (10) or more units; a commercial or industrial
development containing two (2) or more structures; a manufactured home park; or any
integrated combination of the above. (Amended by Ord. No. 2004-02, 01/13/04)
(c) Banner: A sign made of fabric or any non -rigid material with no enclosing
framework.
(ed) Billboard: See Outdoor Advertising Sign.
(3)
(de) Changeable Copy Sign: A sign or portion of a sign that has a readerboard for the
display of text information in which each alpha -numeric character or symbol is neither
electronic nor illuminated and may be changed or rearranged manually or mechanically
with characters, letters or numbers that can be changed or rearranged without altering the
face or surface of the sign structure.
(ef) Construction Sign: A temporary sign which displays information announcing the
approved construction or development of the site on which it is displayed.
(€g) Commercial Speech: Speech advertising a business, profession, commodity,
service, or entertainment.
(gh) Directional Sign: A sign erected to indicate the direction of traffic or to direct
traffic to specific locations.
(#i) Electronic Changeable Copy Sign: A sign or portion of a sign that displays
electronic, non -pictorial text information in which each alpha -numeric character or
symbol is defined by a small number of matrix elements using different combinations of
light emitting diodes (LED's), fiber optics, or other illumination devised within the
display area. The characters for the copy or script shall be only that available on a
standard weed -word processing keyboard, and shall not include graphics, pictures, or
other items. Electronic changeable copy signs include computer programmable,
microprocessor -controlled electronic displays and messages that are projected onto
building or other objects.
Qi) Electronic Graphic Display Sign: A sign or portion of a sign that displays
electronic, static images, static graphics or static pictures, with or without text
information, defined by a small number of matrix elements using different combinations
of light emitting diodes (LED's), fiber optics, or other illumination devised within the
display area where the message change sequence is accomplished immediately or by
means of fade, re-pixalization, or dissolve modes. Electronic graphic display signs
include computer programmable, microprocessor -controlled electronic or digital displays.
Electronic graphic display signs include images or messages with these characteristics
that are projected onto building§ or other objects.
(}k) Flag: Any fabric or similar lightweight material attached to a staff, pole, or
similar device at one end of the material so as to allow movement of the material by
atmospheric changes and which contains distinctive colors, patterns, symbols, emblems,
insignia or other symbolic devices.
(ki) Flashing Sign: A directly or indirectly illuminated sign or portion of a sign that
exhibits changing light or color effect by any means, so as to provide intermittent
illumination that changes light intensity in sudden transitory bursts and creates the
illusion of intermittent flashing light by streaming, graphic bursts showing movement, or
any mode of lighting which resembles zooming, twinkling or sparkling.
(4)
(Im Freestanding Sign: A self -supported sign not affixed to another structure.
(fnn) Illuminated Sign: A sign illuminated by an artificial light source either directed
upon it or illuminated from an interior source.
(e2) Mobile Sign: Any sign mounted on a motor vehicle or trailer that can become
part of traffic flow or be parked at specific locations. A mobile sign primarily functions
as a sign, not a mode of transportation. This definition does not include signs or lettering
on buses, taxis or other vehicles operating during the normal course of business or stored
in an approved storage area consistent with the requirements for commercial vehicles.
(ep) Monument Sign: Any sign not supported by posts, which does not exceed ten
(10) feet in height, and located directly at grade where the base width dimension is
seventy-five (75) percent or more of the greatest width of the sign.
(pg) Multi -Vision Sign: Any sign or portion of a sign composed in whole or in part of
a series of vertical or horizontal slats or cylinders that are capable of being rotated at
intervals so that partial rotation of the group of slats or cylinders produces a different
image and allows on a sign structure the display of two or more images at a given time.
(qr) Name Plate Sign: A sign located on the premises, giving the name or address or
both of the owner or occupant of a building or premises.
(fs) Non -Commercial Speech: Dissemination of messages not classified as
commercial speech which include, but are not limited to, messages concerning political,
religious, social, ideological, public service and information topics.
(sI) Non -Conforming Sign: Any sign which existed prior to the adoption of this
Chapter and does not conform to the requirements herein.
(tu) Official Sign: Any sign of a public nature when erected by or on behalf of public
officials or employees in the performance of their official duty, including: public
notification signs, safety signs, traffic signs, or directional signs to public facilities.
(tiv_) Outdoor Advertising Sign: A sign which is located outdoors and which
advertises a product, business, service, event, or any other matter which is not available
or does not take place on the same premises as the sign.
(mow) Private Drive Sign: A sign that is located near the entrance(s) to a private drive
that serves more than one dwelling unit, and that states "Private Drive" and provides the
range of addresses served by the private drive. (Amended by Ord. No 2002-32, 11/26/02)
(max) Roof Sign: A sign erected, constructed or attached wholly or in part upon or over
the roof of a building.
(5)
(*y) Rotating Sign: A sign or portion of a sign which turns on an axis.
(yz) Sign: Any letter, word, or symbol, poster, picture, statuary, reading matter or
representation in the nature of advertisement, announcement, message, or visual
communication, whether painted, posted, printed, affixed, or constructed, including all
associated brackets, braces, supports, wires and structures, which is visible from outside
whether located inside or outside of a building and displayed for informational, Of
communicative, or attention -getting purposes.
(i�aa) Shimmering Sign: A sign or portion of a sign which reflects an oscillating
sometimes distorted visual image.
(aabb) Surface Area: The entire area within a single, continuous perimeter enclosing the
extreme limits of the actual sign surface, including any material forming an integral part
of the background of the display used to differentiate the sign from the background
structure. It does not include any structural elements outside the limits of the sign, such
as the base, framing, or decorative roofing, provided there is no advertising copy on such
features. For signs consisting of individual letters, figures, or symbols applied directly
onto a building or structure, the sign area shall be that area enclosed within the smallest
feetangle-regular geometric figure needed to completely encompass all letters, figures, or
symbols. Only one side of a double face or V -type sign structure shall be used in
computing total surface area, provided the maximum angle between faces of double-faced
or V -type signs is 45 degrees.
(bbgc Temporary Sign: A sign erected or displayed for a specified period of time.
(eedd) Time and Temperature Sign: An electronic changeable copy sign or portion
thereof that displays exclusively current time and temperature information.
(dd e) Traffic Sign: A sign which is erected by a governmental unit for the purpose of
directing or guiding traffic.
(eeff) Video Display Sign: A sign or portion of a sign that changes its message or
background in a manner or method of display characterized by motion or pictorial
imagery, which may or may not include text and depicts action of a special effect to
imitate movement, the presentation of pictorials or graphics displayed in a progression of
frames which give the illusion of motion, including, but not limited to the illusion of
moving objects, moving patterns or bands of light, or expanding or contracting shapes,
not including electronic changeable copy signs. Video display signs include images or
messages with these characteristics projected onto building or other objects.
Snorts and Fitness Club: See "Club, Sports and Fitness." Formatted: Font: Bold
Formatted: Indent: Left: 0.5", Tab stops:
0.5", Left + Not at 1"
(6)
Trade School: A school that teaches -a skilled trade vocational schools and facilities _ Formatted: Font: Sold
providing job training services.
B. SECTION 21015.07 (ADMINISTRATION – CONDITIONAL USE PERMITS—
EXPIRATION) IS HEREBY AMENDED AS FOLLOWS:
21015.07. EXPIRATION: Unless the City Council specifically approves a different time
when action is officially taken on the request, permits which have been issued under the
provisions of this section shall expire without further action by the Planning Commission or the
City Council, unless the applicant commences the authorized use within one (1) year of the date
the conditional use permit is issued; or, unless before the expiration of the one (1) year period;
the applicant shall apply for an extension thereof by completing and submitting a request for
extension, including the renewal fee as set forth in the City Code. The request for extension shall
state facts showing a good faith attempt to complete or utilises commence the use permitted in the
conditional use permit. A request for an extension not exceeding one (1) year shall be subject to
the review and approval of the Zoning Administrator. Should a second extension of time or any
extension of time longer than one (1) year be requested by the applicant, it shall be presented to
the Planning Commission for a recommendation and to the City Council for a decision.
C. SECTION 21045.08 (SITE PLAN REVIEW—PLAN MODIFICATIONS), SUBD. 1 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 1. Qualifications. Proposed minor structural additions involving ten (10)
percent or less of the total existing floor area and proposed minor site eIansieF�s -eF
modifications involving ten (10) percent or less of the total existing site area which meet all
ordinance requirements may be approved by the Zoning Administrator prior to a building permit
being issued and shall not require Planning Commission or Council review, subject to the
following: (Amended by Ord. No. 2004-02, 0/13/04)
(a) This Section shall apply in the cases of new developments which have received
City Council plan approval, but for which building permits have yet to be taken; and this
Section shall apply to existing developments on file which have City Council approved
site plans.
(b) Compliance with all Ordinance requirements shall be construed to include all
adopted policies and codes.
(c) Any major variances from Ordinance and policy requirements shall be subject to
the established review and hearing procedures for plan and variance approval.
(d) Plans submitted for minor structural additions or minor site alterations under the
terms of this Section shall be the same as those required for site plan approval.
(7)
(e) A copy of the plans approved under this Section shall be appropriately certified by
the Zoning Administrator and placed on file with the City Council approved plans.
Cl. SECTION 21045.09 (SITE PLAN REVIEW—LAPSE OF APPROVAL), SUBD. 3 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 3. In making its determination on whether an applicant has made a good faith
attempt to utilise complete the improvements shown on the approved site plan approval, the
Zoning Administrator or the City Council, as applicable, shall consider such factors as the type,
design, and size of the proposed construction, any applicable restrictions on financing, or special
and/or unique circumstances beyond the control of the applicant which have caused the delay.
D. SECTION 21105.03 (GENERAL BUILDING AND PERFORMANCE STANDARDS—
PLATTED AND UNPLATTED PROPERTY), SUBD. 4 IS HEREBY AMENDED AS
FOLLOWS:
Subd. 4. Except as may be authorized under Section 21190.04 of this Chapterj�no
more than one (1) principal building and no more than one (1) dwelling unit shall be located on a
single-family residential lot, unless authorized by interim use permit to allow the temporary
occupancy of an existing dwelling during construction of a new dwelling. Except by conditional
use permit, no more than one (1) principal building shall be located on a multiple family
residential lot or non-residential lot. _The words "principal building" shall be given their
common, ordinary meaning as defined in Section 21005 of this Chapter. (Amended by Ord. No.
99-5, 01/19/99) (Amended by Ord. No. 2004-17, 08/24/04)
D1. SECTION 21105.06 (GENERAL BUILDING AND PERFORMANCE STANDARDS—
EXTERIOR LIGTING), SUBD. 7 (a) IS HEREBY AMENDED AS FOLLOWS:
(a) High intensity lighting. The following lighting systems are prohibited from being
installed, except by administrative permit.
(1) Aerial lasers,
(2) Skytrackers.
------- Formatted: Indent: Left: 1"
(3) Motion detection security lighting, except that such lighting -fors in le- ander•; .; Formatted: Font: Times New Roman, Not Bold
two-family homes shall be permitted and shall be exempt _ from the Formatted: Justified
requirement for an administrative permit. Formatted: Bullets and Numbering
Formatted: Font: Times New Roman, Not Bold
(8)
D2. SECTION 21105.11 (GENERAL BUILDING AND PERFORMANCE STANDARDS—
OUTSIDE STORAGE/DISPLAY), SUBD. 4 (b) IS HEREBY AMENDED AS
FOLLOWS:
(b) The City Council may order the owner of any property to cease or modify epee
outside storage uses including existing uses, provided it is found that such use constitutes
a threat to the public health, safety, convenience, or general welfare.
E. SECTION 21115.02 (GENERAL YARD, LOT AREA AND BUILDING
REGULATIONS—HEIGHT), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. The building height limits established in each zoning district shall not
apply to the following list of items, except that no such structural element may exceed fifty (50)
feet in total height or exceed the maximum height of the building by more than ten (10) feet,
whichever is greater, except by conditional use permit.
(a) Antennas installed on an existing structure.
(b) Belfries.
(c) Chimneys or flues.
(d) Church spires.
(e) Cooling towers.
(f) Cupolas and domes which do not contain usable space.
(g) Elevator penthouses.
(h) Flag poles.
(i) Monuments.
0) Parapet walls.
(k) Necessary mechanical and electrical appurtenances.
(1) Solar panels. ------- Formatted: Indent: Left: 0.5", Hanging: 0.5"
(m) Storage tanks appurtenant and attached or adjacent to the principal use that are
located within a side or rear
E1. SECTION 21115.04 (GENERAL YARD, LOT AREA AND BUILDING
REGULATIONS—YARDS), SUBD. 1 (d) IS HEREBY AMENDED AS FOLLOWS:
(d) Pursuant to Section 21120 of this Chapter, accessory buildings and structures
including, but not limited to, sheds, play and recreational facilities, private dog kennels,
laundry drying equipment, gazebos, and air conditioning or heating equipment shall not
be located in die -a front yard. Such accessory buildings or structures may be located
within: 1) a rear or side yard provided they are set back at least six (6) feet from any lot
line, and 2) a front yard which qualifies as an equivalent rear or side yard (as defined by
this Chapter) provided they are set back from such front lot line a distance equal to, or
greater than, the minimum front setback specified for the principal building on the lot,
and are set back at least six (6) feet from other lot lines. No encroachment shall be
(9)
permitted in existing or required drainage and utility easements, unless approved by the
City Engineer. (Amended by Ord. No. 2002-25, 06/25/02). (Amended by Ord. No. 2008-
09, 03/25108)
E2. [DELETED]
E3. SECTION 21115.09 (GENERAL YARD, LOT AREA AND BUILDING
REGULATIONS—SINGLE FAMILY DWELLINGS), SUBD. 3 IS HEREBY
AMENDED AS FOLLOWS:
Subd. 3. Roof Material. Dwellings shall have an earth covered, composition, wood
shingled (include shakes), concrete, clay or ceramic -tiled roof. In addition, metal tile and
standing seam metal roof coverings may be allowed by approval of the Zoning Administrator,
provided they meet the FeqUirtfnefitS e f AST -N4 A 5 70 and A 6 , for 0 f ,.,.,.e_ing and ASTM
A219 and A239 fer- eefresien resistant feefing-nwAef66 standards adopted by the Minnesota
State Residential Code. (Amended by Ord. No. 99-25, 10/05/99)
SECTION 21130.01 (FENCING/SCREENING/LANDSCAPING—FENCE/WALL
REGULATIONS), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Permit Fee. A fee as set &Ah in the City Gede shall be ehafged feF
walls in the There is no charge for permits for fences that are six (6) feet in height
or lower, or for walls that are four (4) feet in height or lower. A building permit application and
related building permit fee, in accordance with the fee schedule outlined in Section 1015 of the
Citv Code, shall be required for fences that exceed six (6) feet in heieht and for walls that exceed
four (4) feet in height
F1. SECTION 21130.01 (FENCING/SCREENING/LANDSCAPING—FENCE/WALL
REGULATIONS), SUBD. 4 IS HEREBY AMENDED AS FOLLOWS:
Subd. 4. General Provisions. Except as otherwise provided herein, all fences and walls
within the City shall be subject to the following general provisions:
(a) No fences or walls shall be placed on or extend into public rights-of-way.
(b) All fences (hedges and plantings excluded) and walls eeustmsted-shall require a
fence/wall permit under this sSection, unless a separate building permit is required for the
fence or wall, or unless the fence or wall is authorized on an anmroved site mlan.
Fence/wall Ppermits may be issued by the Building Official or designee, if all
requirements of this Chapter have been met. (Amended by Ord. No. 2004-02, 01/13/04)
(10)
(c) That side of any fence or wall considered to be its "face" (i.e., the finished side
having no structural supports) shall face abutting property or street right-of-way.
(d) Both sides of any fence or wall shall be maintained in a condition of reasonable
repair and appearance by its owner and shall not be allowed to become and remain in a
condition of disrepair or danger, or constitute a nuisance, public or private.
(e) No physical damage of any kind shall occur to abutting property during
installation unless it is allowed under agreement with the adjacent property owner.
(f) A certificate of survey may be required by the Building Official for all fences
(except hedges and plantings) or walls to be constructed on or within six (6) feet from the
property line, unless corner property stakes are in place and marked and a survey is filed
with the City. Additionally, retaining walls shall not be placed within any drainage or
ponding easement unless also reviewed and approved by the City Engineer.
(g) A fence with a minimum height of three (3) feet shall be required on the top of
any retaining wall that exceeds four (4) feet in height. The Zoning Administrator may
grant exceptions to this requirement if the retaining wall does not pose a public safety
concern. (Amended by Ord. No. 2005-01, 01/11/05)
(h) Fences shall not be constructed from chicken wire, welded wire, snow fence,
branches, or materials originally intended for other purposes, unless upon the showing of
a high degree of architectural quality achieved through the use of such, prior approval is
granted by the Zoning Administrator.
f-- Formatted: Indent: Left: 0.5"
(i) No fences or walls shall be placed within a wetland or required wetland buffer,
cross over a required rain garden, or extend below the ordinary high water level of a lake,
stream, or water quality/detention pond.
F2. SECTION 21130.03 (FENCING/SCREENING/LANDSCAPING—REQUIRED
FENCING, SCREENING, AND LANDSCAPING), SUBD. 2 IS HEREBY AMENDED
AS FOLLOWS:
Subd.2. Landscaping - Public, Semi -Public, Institutional, Single Family, Two
Family, Multiple Family, Manufactured Home Park, Commercial, and Industrial Uses. Prior to
approval of a building permit, all above referenced uses shall be subject to mandatory landscape
plan and specification requirements. Except for single- and two-family development, $said
landscape plan shall be developed with an emphasis upon the boundary or perimeter of the
proposed site at points adjoining other property and the immediate perimeter of the structure. All
landscaping incorporated in said plan shall conform to the following standards and criteria:
(Amended by Ord. No. 2002-02, 01/22/02)
(a) Landscape Design Elements. Elements of landscape design may include:
(1) Existing topographical and vegetative features.
(2) Berming.
(3) Plantings, including the required minimum number of overstory trees,
understory trees, shrubs, flowers, and ground cover materials.
(b) Types and Species of New Trees.
(1) All tree species shall be indigenous to the appropriate hardiness zone and
physical characteristics of the site, as specified by the City Forester.
(2) To the extent possible, native drought -resistant trees shall beutarea
planted.
(3) All types and species of overstory and understory deciduous and
coniferous trees and their cultivars shall be consistent with the City of Plymouth's
Landscape Tree List, as provided by the City Forester.
(4) The complement of trees fulfilling the requirements of this sSection shall
be not less than twenty-five (25) percent deciduous and not less than twenty-five
(25) percent coniferous.
(c) Number of Trees. The minimum number of new overstory trees on any given site
shall be as follows:
(1) Residential Uses. Townhouse dwellings, manor home
dwellings, and manufactured home parks shall
require as -a minimum: of erre -(1) two L21new trees per dwelling unit. Apartment
developments with fifty(50) or fewer dwelling units shall require a minimum of
two (2) new trees per dwelling unit, and apartment developments with more than
fi .y(50) dwelling units shall require a minimum of one and one-half (1.5) new
trees per dwelling unit. Single-family and two-family dwellings shall require not
less than two (2) trees (may be new trees or preserved pre-existing trees) within
the front yard.
(2) Non -Residential Uses -- New Development. New non-residential
developments or uses shall require at a minimum the greater of:
a. One (1) new tree per fifty (50) lineal feet of site perimeter; or
b. One (1) new tree per one thousand (1,000) square feet of gross
building floor area. If the floor area ratio (FAR) for the site would be 0.5
or greater, the developer may plant fewer trees on the site than required by
this provision to prevent overcrowding, provided a cash fee in accordance
(12)
with Section 530 of the City Code is deposited in the Community Planting
Fund to make up the difference between the trees required by this
provision and the trees actually planted on the site.
(Amended by Ord. No. 2007-05, 01/23/07)
(3) Non -Residential Uses -- Expansion to Existing Development. Expansion
of existing non-residential developments or uses shall require at a minimum one
(1) new tree per one thousand (1,000) square feet of expanded gross floor area.
(4) Overstory Trees. An equivalent of up to fifty (50) percent of the required
number of overstory trees may be substituted with the use of overstory trees in
combination with other landscape design elements as listed in Section 21130.03,
Subd. 2.(a) above. In such case, not less than three (3) understory trees shall be
provided for each one (1) required overstory tree substituted.
(Amended by Ord. No 2002-32, 11/26/02)
(d) Planting Size.
(1) Required trees shall be of the following minimum planting size:
a. Deciduous Trees. Two and one-half (2.5) inches in diameter as
measured from six (6) inches above the ground.
b. Coniferous Trees. Six (6) feet in height.
(2) A minimum of fifteen (15) percent of the required minimum number of
trees for multi -residential developments shall be long-lived deciduous trees, three
and one-half (3.5) inches in diameter as measured six (6) inches off the ground.
(3) Evergreen shrubs used for screening purposes including those used in
conjunction with berming shall be a minimum of thirty-six (36) inches in height.
(e) Spacing.
(1) Plant material centers shall not be located closer than three (3) feet from
the fence line or property line and shall not be planted to conflict with public
plantings or public right-of-way based on the judgment of the Zoning
Administrator.
(2) Where plant materials are planted in two (2) or more rows, plantings shall
be staggered in rows unless otherwise approved by the Zoning Administrator.
(3) The spacing of trees shall be appropriate to the type of tree species
provided. Where massing of plants or screening is intended, large deciduous
shrubs shall not be planted more than four (4) feet on center, and/or evergreen
(13)
shrubs shall not be planted more than three (3) feet on center, unless otherwise
approved by the City Forester. (Amended by Ord. No. 99-5, 01/19/99)
(f) Sodding and Ground Cover. For single- and two-family developments, all yard
areas not otherwise improved shall be sodded. For other developments, X411 -all areas not
otherwise improved in accordance with an approved site plans shall be sodded.
Exceptions to this
appr-eved by the City requirement are as follows:
(1) Seeding may be provided in lieu of sod in any of the following cases:
a. Where the seed is applied to future building expansion areas, as
shown on an approved site plans.
b. Where the seed is applied adjacent to natural areas or wetlands, or
where seed is applied within or to create natural preserves as regulated by
Section 811 of the City Code.
C. Where the seed is applied to low maintenance areas along side
principal arterial roadways, as defined by the Comprehensive Plan.
d. Where the Zoning Administrator determines that certain site
characteristics (e.g., steep slopes or retained areas) would make it difficult
to establish or maintain sod for specific portions of a site.
(Amended by Ord. No. 2008-09, 03/25/08)
(2) Undisturbed areas containing existing viable natural vegetation which can
be maintained free of foreign and noxious plant materials.
(3) Areas designated as open space or future expansion areas properly planted
and maintained with prairie grass.
(4) Use of mulch materials such as bark and wood chips in support of shrubs
and foundation plantings.
(5) For single-family residential properties, portions of rear yards which lie
beyond twenty-five (25) feet of the lot's principal building may be seeded, except
in cases where the rear yard abuts a public street. Where a rear yard abuts a public
street, that portion of the rear yard within twenty five (25) feet of the lot line shall
be sodded. Proper erosion control measures shall be implemented and maintained
until vegetation is established. (Amended by Ord. No. 2008-09, 03/25/08)
(g) Slopes and Berms.
(14)
(1) Final slope grades steeper than the ratio of three to one (3:1) shall not be
permitted without special approval treatment such as ground cover, terracing or
retaining walls.
(2) Berming used to provide required effective screening of parking lots and
other open areas shall have a maximum slope ratio of three to one (3:1).
(ih) Planting Method. All trees shall be planted in a method, and pursuant to
specifications, as prescribed by the City Forester.
(i) Landscape Guarantee. All new -required plantings (includes trees and sod) shall
be guaranteed for one (1) full year from the time planting has been completed. All plants
shall be alive and in satisfactory growth at the end of the guarantee period or be replaced.
F3. SECTION 21130.05. (FENCING/SCREENING/LANDSCAPING—SCREENING OF
MECHANICAL EQUIPMENT), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. Rooftop mechanical equipment less than three (3) feet in height and solar
panels shall be exempt from the screening requirements of Section 21130.05, Subd. 2. of this
Chapter.
G. SECTION 21135.07 (OFF-STREET PARKING AND LOADING—PARKING AREA
DESIGN), SUDB. 5 (n) IS HEREBY AMENDED AS FOLLOWS:
(n) Driveway Access Minimum. Each apartment or non-residential property etheF
than single fafnily shall be allowed one (1) driveway access for each one hundred
twenty-five (125) feet of street frontage. All such propertyies shall be entitled to at least
one (1) driveway access. Two-family homes, townhouses, and manor homes shall be
allowed one (1) driveway access per dwelling unit. Single—family uses shall be limited to
allowed one (1) driveway access per lot, except when the property exceeds the required
street frontage per zoning district requirements, a second driveway access may be allowed
by approval of the Zoning Administrator. Except as otherwise approved by the Zoning
Administrator, single _family, two-family, townhouse, and manor home uses shall not
access arterial and major collector streets. In such cases, if a lot does not have frontage
upon a local street and where driveway access to arterial and major collector streets is
determined necessary by the Zoning Administrator, joint access through the use of shared
curb cuts and access easements shall be utilized to the extent possible. (Amended by
Ord. No. 2000-06, 02/29/00)
(15)
G1. SECTION 21135.11 (OFF-STREET PARKING AND LOADING—NUMBER OF OFF-
STREET PARKING SPACES REQUIRED) IS HEREBY AMENDED AS FOLLOWS:
21135.11. NUMBER OF OFF-STREET PARKING SPACES REQUIRED: The
following minimum number of off-street parking spaces shall be provided and maintained by
ownership, easement, and/or lease for and during the life of the respective uses hereinafter set
forth.
USE NUMBER OF PARKING SPACES REQUIRED
Subd.1. Residential:
Single Family Dwellings
Two 2 spaces.
Two Family Dwellings
Two 2 spaces per dwelling unit.
Townhouses, Manor Homes
Two and one-half (2.5) fee free spaces for each
dwelling unit, of which etre -(!)-two 2 must be
enclosed, plus one (1) guest parking space for
every four 4 units.
Apartment Dwellings
Two and one-half (2.5) fee free spaces for each
dwelling unit, of which one 1 must be enclosed.
Housing for Elderly
One and one-half (1.5) spaces for each dwelling
unit.
Subd. 2. Institutional/Educational/Cultural:
Auditoriums, Theaters, Religious
One (1) space for each four (4) permanent seats
Institutions, Sports Arenas
based on the design capacity of the main assembly
hall. Facilities as may be provided in conjunction
with such buildings or uses shall be subject to
additional requirements which are imposed by this
Chapter.
Community Center, Libraries, Museums
One (1) space for each three hundred (300) square
feet of floor area.
Nursing Homes, D-N.A,es
One 1 space for each €etw- hree 43 beds.
Private or Private Non -Profit Baseball
One (1) space for each eight (8) seats of design
Fields
capacity.
School, Elementary and Junior High
Three (3) spaces for each classroom. This
(Public or Private)
requirement may be reduced at the Zoning
Administrator's discretion to reflect facility use
and/or parking policy. Adequate space shall be
allowed for the dropping off and/or picking up of
students as determined by the Zoning
Administrator.
(16)
School, High School (Public or Private)
One (1) space for each two (2) students based on
the design capacity. This requirement may be
reduced at the Zoning Administrator's discretion
to reflect facility use and/or parking policy.
Adequate space shall be allowed for the dropping
off and/or picking up of students as determined by
the Zoning Administrator.
Subd.3. Non -Residential:
Animal Hospitals or Kennels
Five (5) spaces plus one (1) space for each five
hundred (500) square feet of floor area over one
thousand 1,000 square feet.
Automobile Washes:
Shall be determined by the type of automobile
wash as listed below:
Automatic Drive
Five (5) spaces or one (1) per employee on
Through Service
maximum shift, whichever is greater.
Self -Service Car Wash
One 1 space per bay.
Motor Fuel Station
One (1) space in addition to that required for the
Automobile Washes
station.
Beauty Shops
Two 2 spaces for each beauty chair/station.
Bowling Alleys
Five (5) spaces for each lane or alley, plus
additional spaces as may be required herein for
related uses contained within the principal
structure.
Day Care Facilities
One (1) space for each employee, plus one (1)
space for each six 6 children of licensed capacity.
Drive -In or Convenience Food
One (1) space for each two and one-half (2.5) seats
Establishments
plus one (1) space for each fifteen (15) square feet
of public service and counter area.
Furniture Sales
One (1) space for each four hundred (400) square
feet of floor area for the first twenty-five thousand
(25,000) square feet, plus one (1) space for each
six hundred 600 square feet thereafter.
Laboratories______________________________________
One 1) space_for each three hundred_ fi__,__(350)
s uare feet of floor area.
Manufacturing
One (1) space for each employee on the major shift
or one (1) space for each three hundred fifty (350)
square feet, whichever is-gFeatef less, plus one (1)
space for each company motor vehicle on the
remises.
Medical, Chiropractic, or Dental Offices
I
One (1) space for every two hundred (200) feet of
or Clinics
floor area.
(17)
Formatted: Font: Times New Roman, Font
color: Red
Motels, Hotels, Lodging or Boarding
One (1) space per sleeping unit, plus one (1) space
Houses
per day shift employee plus one (1) space for each
forty (40) square feet devoted to meeting or
banquet rooms.
Motor Fuel Stations
Four (4) spaces plus two (2) spaces for each
service stall. Those facilities designed for sale of
other items than strictly automobile products, parts
or service shall be required to provide additional
parking in compliance with other applicable
sections of this Chapter.
Office Buildings and Professional O ffiees
One (1) space for each two hundred fifty (250)
(Administrative/ CommerciaPth ei
square_feet of floor area for the first 100,000
Than Any Area fer Deeters,
square feet, plus one (1) space for each three
hundred fifty (350) square feet of floor area
Dentists; and Banks;
thereafter. The number of parking spaces provided
Publie " dininist_atien O fflee.,
shall not exceed the minimum requirement by
more than ten (10) percent, unless authorized
under Section 21135.12.
Restaurants, Private Clubs, Ledges, Food
One (1) space for each forty (40) square feet of
Dispensing Establishments (Except
floor area of dining and bar area and one (1) space
Drive -In or Convenience Restaurants)
for each eighty 80 square feet of kitchen area.
Retail Commercial Uses, Except as
One (1) space for each two hundred (200) square
Prescribed Herein
feet of floor area for the first 100,000 square feet,
plus one (1) space for each three hundred fifty
(350) square feet of floor area thereafter. The
number of parking spaces provided shall not
exceed the minimum requirement by more than ten
(10) percent, unless authorized under Section
21135.12.
Retail Sales and Service Business with
Eight (8) spaces or one (1) space for each two
50 Percent or More of Gross Floor Area
hundred (200) square feet devoted to public sales
Devoted to Storage, Warehouses, and/or
or service plus one (1) space for each five hundred
Industry
(500) square feet of storage area, whichever is
greater.
Shopping Centers
One (1) space for each two hundred (200) square
feet of leasable floor area for the first 100,000
square feet, plus one (1) space for each three
hundred fifty (350) square feet of leasable floor
area thereafter. The number of parking spaces
provided shall not exceed the minimum
requirement by more than ten (10) percent, unless
authorized under Section 21135.12.
Sports and Fitness Clubs
One (1) space for each three hundred (300) square
feet of floor area.
T,.ue II7....1.
Three (3) spaees plus one (1) spnee per- bay.
(18)
Formatted: Font: Times New Roman, 8 pt
Warehousing
One (1) space for each two (2) employees of the
largest shift or one (1) space for each two thousand
(2,000) square feet of floor area, whichever is
eater.
Wholesale Showrooms
One (1) space for each five hundred (500) square
feet of floor area.
Subd. 4. Non -Specified Uses:
For uses not specifically listed above, off-street parking requirements shall be computed by the
Zoning Administrator on the same basis as required for the most similar listed uses. In such
cases, the Zoning Administrator shall also consult off-street parking reference materials
including, but not limited to, manuals prepared by the American Planning Association, and
Institute of Transportation Engineers.
G2. SECTION 21135.12 (OFF-STREET PARKING AND LOADING—SPACE
REDUCTIONS) IS HEREBY AMENDED AS FOLLOWS:
21135.12. SPACE REDUCTIONS/EXPANSIONS:
ef em inteFim use pennit as regulated by Seetien 21020 of this Ghapter, the City fnety redtlee
number of required eff stfeet par -king spaees when the use ean demenstfate in deetimented feFffl
demandwhieh is less than required by this Upon receipt of a written request as part of a
site plan review pursuant to Section 21045, the Zoning Administrator may reduce or, where a
maximum is specified, may expand the parking requirements if the applicant demonstrates, in
documented form, a demand which is different than required by this Chapter, based on the
specifics of the proposed use or due to high emplovee particination in alternative transportation
(e.g., public transit or bicycle commuting)_In such situe iens, the case of a request for a
reduction, the City may require land to be reserved for parking development should the use or
needs change.
G3. SECTION 21135.13 (OFF-STREET PARKING AND LOADING—JOINT
FACILITIES) IS HEREBY AMENDED AS FOLLOWS:
21135.13. JOINT FACILITIES:
Subd. 1. Off Site Joint Use of Off -Street Parking.
Upon receipt of a written
request as part of a site plan review pursuant to Section 21045. the Zoning Administrator may
qpprove a reduction of up to ten (10) percent in the number of required off-street parkin spaces
paces
in the case of shared parking areas between abutting uses. subiect to the following additional
criteria:
(19)
(Ig ) Proximity. Any
Off-street parking facilities shall be located within
three five hundred (3500) feet (excluding public ri is -of -way) of
the site where such off-street parking is requested,
(2b) Conflict in Hours. The applicant shall demonstrate in documented fashion that
there is no substantial conflict in the principal operating hours of the two (2) buildings or
uses for which joint use of off-street parking facilities is proposed.
(c) Pedestrian Circulation. Each property shall provide a designated pedestrian
circulation system through and from off-street parking areas into the principal structures.
This circulation system shall also connect to the pedestrian circulation systems of
adjacent affected properties.
(3d) Written Consent and Agreement. A legally binding instrument, executed by the
parties concerned, for joint use of off-street parking facilities, duly approved as to title of
grantors or lessors, and in a form and manner of execution approved by the City Attorney,
shall be filed with the City Clerk and recorded with the Hennepin County Recorder or
Registrar of Titles, and a certified copy of the recorded document shall be filed with the
(20)
City within sib th�(b930 days after approval of the joint parking use by the City or
the ' gpproval shall be considered null and void, unless a request for an
extension is granted subject to the review and approval of the Zoning Administrator.
H. SECTION 21155.05 (SIGN REGULATIONS—GENERAL REGULATIONS AND
RESTRICTIONS) IS HEREBY AMENDED AS FOLLOWS:
21155.05. GENERAL REGULATIONS AND RESTRICTIONS: The following
standards shall apply to all signs in all districts as permitted by this subdivision unless
specifically set forth otherwise by this Section. Determination as to the applicability of the
standards to any given sign shall rest with the Zoning Administrator subject to the administrative
appeal procedures set forth in this Section.
Subd. 1. All signs hereafter erected or maintained, except for official or traffic
signs, shall conform to the provisions of this Section; with other applicable ordinances and
regulations of the City; and, relative to all federal and state highways, with the Minnesota
Outdoor Advertising Control Act, Minnesota Statutes, Section 173.01, as amended.
Subd. 2. Unless specifically prohibited, all signs may be illuminated internally or by
reflected light subject to the following:
(a) The light source shall not be directly visible and shall be arranged to reflect away
from adjoining premises.
(b) The illumination source shall not be placed so to cause confusion or hazard to
traffic, or to conflict with official or traffic signs, signals, or lights.
(c) Maximum illumination levels:
(1) Signs using an LED (Light Emitting Diode) light source shall not exceed a
luminance level of six hundred (600) candela per square meter (nits) between
sunset and sunrise, and shall not exceed a luminance level of five thousand
(5,000) candela per square meter between sunrise and sunset.
(2) Signs using florescent, neon, or incandescent light sources shall not exceed
twelve (12) watts per square foot of sign surface area.
(3) All signs with illumination shall be equipped with a mechanism that
automatically adjusts the brightness to ambient lighting conditions (e.g., dusk).
(d) No illumination involving movement, by reason of the lighting arrangement,
lighting source, changes in either color or intensity of lighting, or other devices shall be
permitted. This includes video display signs (except as allowed in Section 21155.05,
Subd. 2 (e) of this Chapter), or any signs that have blinking, flashing, scrolling,
(21)
shimmering, and rotating, except that time and temperature signs may be allowed.
Furthermore, the transition from one static electronic display to another must be
instantaneous without any special effects.
(e) An electronic changeable copy sign, electronic graphic display sign, video display
sign or a changeable copy sign, in addition to other permitted signage, may be permitted
provided the following conditions are met:
(1) The message shall not be visible from any public street.
(2) The portion of the sign allocated to changeable copy shall be no greater
than six (6) square feet.
(3) The sign shall comply with all other signage regulations.
(f) Electronic changeable copy and electronic graphic display signs shall be designed
and equipped to freeze the device in one position if a malfunction occurs or immediately
discontinue the display. Additionally, the sign owner shall immediately stop the display
if notified by the City that the sign is not complying with the standards of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08)
Subd. 3. The message or display on electronic changeable copy signs or electronic
graphic display signs shall not change more than one time every fifteen (15) minutes, except for
those signs permitted by Section 21155.05 Subd. 2 (e) and time and temperature signs. A display
of time or temperature must remain for at least fifteen (15) minutes before changing to a different
display, but the time and temperature information itself may change. (Amended by Ord. No.
2008-09, 03/24/08)
Subd. 4. Signs painted directly on building exteriors are not permitted.
Subd. 5. No freestanding signs shall project higher than thirty-six (36) feet above
grade.
Subd. 6. Except as otherwise limited by this Section, no freestanding sign shall
exceed one hundred sixty (160) square feet in surface area. (Amended by Ord. No. 2008-09,
03/24/08)
Subd. 7. No wall sign or other sign attached to a building shall project above the
roof line or parapet of the building to which it is attached or shall constitute a roof sign as
defined by this Section. (Amended by Ord. No. 99-5, 01/19/99)
Subd. 8. No sign shall be erected or placed that resembles any official marker
directed by a government agency, nor shall signs display such words as "stop" or "danger" except
(22)
that in shopping centers these or other traffic signs may be used where deemed appropriate by the
City Engineer.
Subd. 9. No sign shall obstruct any window, door, fire escape, stairway, or other
authorized or required building opening.
Subd. 10. No sign shall be erected or placed that, by reason of position, shape, size,
or color, would interfere with proper functioning of a traffic sign or with reasonable visibility at a
street intersection.
Subd. 11. Signs shall not be permitted within the public right-of-way, or within
dedicated public easements except the following:
(a) Temporary public announcement signs for city-wide and free community events.
(b) Temporary directional real estate signs for community -wide annual events such as
the "Parade of Homes".
(c) Official or traffic signs erected by a governmental agency.
Subd. 12. The owner, lessee, or manager of any sign, and the owner of the land upon
which the sign is located, are responsible for keeping the grass and other vegetation cut and for
keeping debris and rubbish cleaned up and removed from the property where the sign is located.
Further, the same parties shall be responsible for assuring that every sign, including those which
may be specifically exempt from these regulations relative to permits and permit fees, shall be
maintained in good structural condition at all times. All signs shall be kept neatly painted,
including all metal parts and supports thereof that are not galvanized or of rust resistant material.
Subd. 13. Signs which, by reason of deterioration, may become unsafe or unsightly,
shall be repaired or removed by the licensee, sign owner, or owner of the property upon which
the sign stands, upon written notice of the City Zoning Administrator.
Subd. 14. No signs shall be permitted which include content classified as "obscene"
as defined by Minnesota Statutes Section 617.241.
Subd. 15. All signs shall direct primary attention to the business, commodity,
service, activity, or entertainment conducted, sold, or offered on the premises where the sign is
located, except as otherwise specified and allowed.
Subd. 16. The construction of all signs permitted by this Section shall be in
accordance with the Minnesota State Building Code, which is hereby adopted by reference as
part of this Section, a copy of which shall be maintained by the Zoning Administrator.
Subd. 17. No temporary or permanent sign shall be tacked, or otherwise attached to
trees, fences, utility poles, or other such structures or supports, unless expressly permitted by this
(23)
Section or other law. This prohibition includes signs or sign panels attached to outdoor athletic
field fences.
Subd. 18. No multi -vision sign or any other sign which revolves, rotates, or has any
visible moving parts shall be permitted, except that signs alternately displaying time and
temperature and barber poles may be allowed.
Subd. 19. No temporary or permanent sign shall be permitted in conjunction with
any home occupation or licensed home occupation.
Subd. 20. No new outdoor advertising signs are permitted in any zoning district.
Outdoor advertising signs which existed on April 1, 1998 shall be considered conforming uses.
(Amended by Ord. No. 2008-09, 03/24/08)
Subd. 21. Outdoor advertising signs are a principal use of property. All such signs
must be removed as a condition of subdivision, platting, site plan, or PUD approval for new uses
or structures on the parcel where the outdoor advertising sign is located. No such sign that is
non -conforming by reason of height, area, or location shall be altered or expanded to allow an
electronic graphic display, changeable copy sign, or electronic changeable copy sign. (Amended
by Ord. No. 2008-09, 03/24/08)
Subd. 22. Signs are not permitted on bus benches.
Subd. 23. The owner of any sign which is otherwise allowed by this Section may
substitute non-commercial speech in lieu of any other commercial speech or non-commercial
speech. The purpose of this provision is to prevent any inadvertent favoring of commercial
speech over non-commercial speech or favoring of any particular non-commercial speech over
any other non-commercial speech. This provision prevails over any more specific provision to
the contrary. This substitution of copy may be made without any additional approval or
permitting so long as the substitution changes the message of the sign only. The exemption to
separate approvals or permits shall not be construed as relieving the sign owner from
responsibility for its erection and maintenance or its compliance with the provisions of this
Section or any other law or ordinance regulating the same.
Subd. 24. No mobile sign shall be permitted, except those specifically allowed in
Section 21155.06 Subd. 1 (c) (4).
Subd. 25. Banners shall be ,permitted only as temporary signs in conjunction with Formatted: Font: Times New Roman, sold
temporary events or sales, and shall require a seRarate sign permit unless approved as part of an
administrative permit. The sign area calculation shall be determined based on the outer
dimensions of the banner.
(24)
H L SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
1 (c) IS HEREBY AMENDED AS FOLLOWS:
(c) Temporary Signs. All temporary signs that require a permit shall be designed and
manufactured by a licensed sign contractor, or shall receive prior design approval by the
Zoning Administrator. The following temporary signs are allowed in all districts:
(1) Construction Signs. One (1) temporary sign not exceeding a total surface
area of ninety-six (96) square feet, not exceeding sixteen (16) feet in height, and
not less than two (2) feet above grade. Such signs shall be set back at least ten
(10) feet from lot lines. Such signs shall be allowed for three (3) years from the
date of original building permit issuance, or until construction in the development
is completed, whichever occurs first.
(2) Real Estate Signs, Off -Premise. One (1) temporary real estate sign
located off the site being developed shall not exceed sixteen (16) square feet in
surface area, or six (6) feet in height, or eight (8) feet in width. Such signs shall
be set back at least ten (10) feet from lot lines. Off-site temporary real estate signs
shall be located at least two hundred (200) feet from any other such sign, unless
grouped with other temporary real estate signs, provided that the total surface area
of all such grouped signs shall not exceed thirty-two (32) square feet. The signs
shall be located on private property with the express consent of the property
owner who, with the owner or manager of the sign, shall be equally responsible
for the proper location, maintenance, and ultimate removal of the sign. Such signs
shall be allowed for three (3) years from the date of original building permit
issuance, or until construction in the development is completed, whichever occurs
first. More than one off-site temporary real estate sign may be allowed per
development in cases where, due to the large size of the project or due to an
incomplete roadway system, such signage is deemed necessary by the Zoning
Administrator to avoid confusion to the traveling public. (Amended by Ord. No.
2001-06, 02/13/01)
(3) Non-commercial Signs. Temporary non-commercial signs of any size and
in any number may be posted from August 1 in a state general election year until
ten (10) days following the general election, and from thirteen (13) weeks prior to
any special election until ten (10) days following the special election. Signs shall
be removed not more than ten (10) days after an election. The owner or manager
of the sign, the owner of the land, or the political candidate shall be equally
responsible for the proper location, maintenance, and ultimate removal of the
signs. Setback requirements may be waived for such signs, provided that they are
located on private property with the express consent of the property owner, and
provided that they do not impede safety by obstructing vision of pedestrians or
motor vehicle operations. Such non-commercial signs do not require a sign
permit, pursuant to Section 21155.07, Subd. 2 (h) of this Section.
(25)
(4) Public Announcement Signs. Temporary signs for non-commercial
announcements shall not exceed thirty-two (32) square feet in surface area. For
city-wide and free community events, up to three (3) such signs per event may be
permitted with a maximum combined surface area not to exceed three hundred
(300) square feet. Such signs shall be located at least ten (10) feet from lot lines,
and shall be removed when the intended purpose has been fulfilled or for a
maximum time of fourteen (14) days. The owner or manager of the sign and the
owner of the land, shall be equally responsible for the proper location,
maintenance, and ultimate removal of the sign. (Amended by Ord. No. 2000-06,
02/29/00)
H2. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
2 (c) (1) a IS HEREBY AMENDED AS FOLLOWS:
e. Only one (1) sign with electronic elements shall be permitted per-pfeperty
lot. For developments with two (2) or more structures and/or-prepeA4es lots, only
one (1) sign with electronic elements shall be permitted per development.
H3. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
2 (d) (4) IS HEREBY AMENDED AS FOLLOWS:
(4) When such signs are proposed and constructed by an individual or firm
other than the individual or association who will be responsible for the
maintenance, there shall be a covenant prepared by the proponent establishing
responsibility for the maintenance of the sign or signs over the entire project or
subdivision, to be approved by the City Attorney, and to be recorded on the
property title(s) prior to issuance of the sign permit. Further, appropriate
easements shall be provided for the approved signs on the prepett�--lot or
prepertlots where the signs are to be located; the easements shall be recorded
prior to the issuance of the sign permit.
H4. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
2 (e) (1) IS HEREBY AMENDED AS FOLLOWS:
(1) Special Event Signs. One (1) temporary sign may be mounted on a
portable stand, with a maximum surface area not exceeding thirty-two (32) square
feet, or may be a wall sign subject to the same size standards as the permanent
wall signage allowed for the use. Such signs must be located on the subject
property and shall be set back at least fifty (50) feet from any side or rear lot line
that directly abuts residentially used property. The signs may be used not more
than four (4) times per calendar year, and for a period of not more than fourteen
(26)
(14) days per time. The use of the temporary sign by tenants on the pr } -lot
shall be the responsibility of the property owner or designated manager who shall
endorse in writing, all applications for sign permits. The owner or manager of the
sign and the property -owner ef the prep&45, shall be equally responsibility for the
proper location, maintenance, and removal of the sign. The sign, sign supports,
and portable stand shall be removed from public view at the end of the period. No
such temporary signage shall be allowed on any prepefty-lot that has a changeable
copy sign or an electronic changeable copy sign.
H5. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
3 (b) (4) IS HEREBY AMENDED AS FOLLOWS:
(4) Only one (1) sign with electronic elements shall be permitted per-pFepefty
lot. For developments with two (2) or more structures and/or-preperfieslots, only
one (1) sign with electronic elements shall be permitted per development.
H6. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
3 (d) (4) IS HEREBY AMENDED AS FOLLOWS:
(4) When such signs are proposed and constructed by an individual or firm
other than the individual or association who will be responsible for the
maintenance, there shall be a covenant prepared by the proponent establishing
responsibility for the maintenance of the sign or signs over the entire project or
subdivision, to be approved by the City Attorney, and to be recorded on the
property title(s) prior to issuance of the sign permit. Further, appropriate
easements shall be provided for the approved signs on the preperty—lot or
preper4ies-lots where the signs are to be located; the easements shall be recorded
prior to the issuance of the sign permit.
H7. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
3 (f) (1) IS HEREBY AMENDED AS FOLLOWS:
(1) Special Event Signs. One temporary sign may be mounted on a portable
stand, with a maximum surface area not exceeding thirty-two (32) square feet, or
may be a wall sign subject to the same size standards as the permanent wall
signage allowed for the use. Such signs must be located on the subject property
and may be used not more than four (4) times per calendar year, and for a period
of not more than fourteen (14) days per time. Multi -tenant buildings with five (5)
or more lease -spaces shall be permitted one such sign per tenant per calendar year.
Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a
single pfeperty-lot for purposes of this paragraph. The use of the single temporary
sign by tenants on the pfepefty-lot shall be the responsibility of the property owner
(27)
or designated manager who shall endorse in writing, all applications for sign
permits. The owner or manager of the sign and theroe owner e€tl3e preperty
shall be equally responsible for the proper location, maintenance, and removal of
the sign. The sign, sign supports, and portable stand shall be removed from public
view at the end of the period. No such temporary signage shall be allowed on any
prepefty-lot that has a changeable copy sign or an electronic changeable copy sign.
H8. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
4 (c) (2) d IS HEREBY AMENDED AS FOLLOWS:
d. Only one (1) sign with electronic elements shall be permitted per
preperly lot. For developments with two (2) or more structures and/or
pr-epef ies lots, only one (1) sign with electronic elements shall be
permitted per development.
H9. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
4 (d) IS HEREBY AMENDED AS FOLLOWS:
(d) In addition to the freestanding sign above, restaurant uses in the C-3 and C-4
districts with a drive-through facility may have up to two (2) additional signs, subject to
the following conditions:
(1) The combined surface area of the two signs shall not exceed forty
(40) square feet.
(2) Neither sign shall exceed eight (8) feet in height from grade to the
top of the sign.
(3) The sign(s) shall be single -sided, located adjacent to the drive-
through aisle, and oriented so that the signs provide information to the
patrons using the drive-through facility only.
(4) If two signs are used, they shall.be similarly designed with the
same style, materials and color.
(5) Extenders shall not be attached to any sign in exeess=of if the
maximum size allowed in (1) or (2) above would be exceeded.
(28)
H10. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
4 (e) (4) IS HEREBY AMENDED AS FOLLOWS:
(4) When such signs are proposed and constructed by an individual or firm
other than the individual or association who will be responsible for the
maintenance, there shall be a covenant prepared by the proponent establishing
responsibility for the maintenance of the sign or signs over the entire project or
subdivision, to be approved by the City Attorney, and to be recorded on the
property title(s) prior to issuance of the sign permit. Further, appropriate
easements shall be provided for the approved signs on the prepe►(�--lot or
pr,epei4 lots where the signs are to be located; the easements shall be recorded
prior to the issuance of the sign permit.
H11. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
4 (f) (1) IS HEREBY AMENDED AS FOLLOWS:
(1) Special Event Signs. One temporary sign may be mounted on a portable
stand, with a maximum surface area not exceeding thirty-two (32) square feet, or
may be a wall sign subject to the same size standards as the permanent wall
signage allowed for the use. Such signs must be located on the subject property
and may be used not more than four (4) times per calendar year, and for a period
of not more than fourteen (14) days per time. Multi -tenant buildings with five (5)
or more lease -spaces shall be permitted one such sign per tenant per calendar year.
Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a
single pfepeftE -lot for purposes of this paragraph. The use of the single temporary
sign by tenants on the prepeA)-lot shall be the responsibility of the property owner
or designated manager who shall endorse in writing, all applications for sign
permits. The owner or manager of the sign and the prgperty owner of the pwperfty
shall be equally responsible for the proper location, maintenance, and removal of
the sign. The sign, sign supports, and portable stand shall be removed from public
view at the end of the period. No such temporary signage shall be allowed on the
prep y -any lot that has a changeable copy sign, an electronic changeable copy
sign, or an electronic graphic display sign.
H12. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
5 (c) (3) c IS HEREBY AMENDED AS FOLLOWS:
C. Only one (1) sign with electronic elements shall be permitted per
pr-epeFty lot. For developments with two (2) or more structures and/or
pfepert-ies lots, only one (1) sign with electronic elements shall be
permitted per development.
(29)
H13. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
5 (d) (4) IS HEREBY AMENDED AS FOLLOWS:
(4) When such signs are proposed and constructed by an individual or firm
other than the individual or association who will be responsible for the
maintenance, there shall be a covenant prepared by the proponent establishing
responsibility for the maintenance of the sign or signs over the entire project or
subdivision, to be approved by the City Attorney, and to be recorded on the
property title(s) prior to issuance of the sign permit. Further, appropriate
easements shall be provided for the approved signs on the prepefty--lot or
preper•Eies-lots where the signs are to be located; the easements shall be recorded
prior to the issuance of the sign permit.
H14. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
5 (e) (1) IS HEREBY AMENDED AS FOLLOWS:
(1) Special Event Signs. One temporary sign may be mounted on a portable
stand, with a maximum surface area not exceeding thirty-two (32) square feet, or
may be a wall sign subject to the same size standards as the permanent wall
signage allowed for the use. Such signs must be located on the subject property
and may be used not more than four (4) times per calendar year, and for a period
of not more than fourteen (14) days per time. Multi -tenant buildings with five (5)
or more lease -spaces shall be permitted one such sign per tenant per calendar year.
Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a
single prepef:Ey-lot for purposes of this paragraph. The use of the single temporary
sign by tenants on the pfepet}- of shall be the responsibility of the property owner
or designated manager who shall endorse in writing, all applications for sign
permits. The owner or manager of the sign and the property owner e€ the prepeft)
shall be equally responsible for the proper location, maintenance, and removal of
the sign. The sign, sign supports, and portable stand shall be removed from public
view at the end of the period. No such temporary signage shall be allowed on any
prepeFtylot that has a changeable copy sign, an electronic changeable copy sign,
or an electronic graphic display sign.
H15. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
6 (c) (5) IS HEREBY AMENDED AS FOLLOWS:
(5) Only one (1) sign with electronic elements shall be permitted per -property
lot. For developments with two (2) or more structures and/or-prepeWeslots, only
one (1) sign with electronic elements shall be permitted per development.
(30)
H16. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
6 (d) (4) IS HEREBY AMENDED AS FOLLOWS:
(4) When such signs are proposed and constructed by an individual or firm
other than the individual or association who will be responsible for the
maintenance, there shall be a covenant prepared by the proponent establishing
responsibility for the maintenance of the sign or signs over the entire project or
subdivision, to be approved by the City Attorney, and to be recorded on the
property title(s) prior to issuance of the sign permit. Further, appropriate
easements shall be provided for the approved signs on the pFepe4y—lot or
pfepet4ies-lots where the signs are to be located; the easements shall be recorded
prior to the issuance of the sign permit.
H17. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
6 (e) (1) IS HEREBY AMENDED AS FOLLOWS:
(1) Special Event Signs. One temporary sign may be mounted on a portable
stand, with a maximum surface area not to exceed thirty-two (32) square feet, or
may be a wall sign subject to the same size standards as the permanent wall
signage allowed for the use. Such signs must be located on the subject property
and may be used not more than four (4) times per calendar year, and for a period
of not more than fourteen (14) days per time. Multi -tenant buildings with five (5)
or more lease -spaces shall be permitted one such sign per tenant per calendar year.
Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a
single pfepert�-lot for purposes of this paragraph. The use of the single temporary
sign by tenants on the pfepeFty-lot shall be the responsibility of the property owner
or designated manager who shall endorse in writing, all applications for sign
permits. The owner or manager of the sign and the property owner e€ the pr-epefty
shall be equally responsible for the proper location, maintenance, and removal of
the sign. The sign, sign supports, and portable stand shall be removed from public
view at the end of the period. No such temporary signage shall be allowed on any
pfepeftE -Lot that has a changeable copy sign or an electronic changeable copy sign.
(31)
H18. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
7 (b) (2) a IS HEREBY AMENDED AS FOLLOWS:
a. The sign shall be setback at least fifty (50) feet from side and rear
prepefty-lot lines, except that in no case shall such signage be set back less
than one hundred (100) feet from any directly abutting residentially guided
or used property.
H19. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
7 (b) (2) e IS HEREBY AMENDED AS FOLLOWS:
e. Only one (1) sign with electronic elements shall be permitted per
pr-epertylot. For development with two (2) or more structures and/or
pr-epeities lots, only one (1) sign with electronic elements shall be
permitted per development.
H2O. SECTION 21155.06 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
7 (d) IS HEREBY AMENDED AS FOLLOWS:
(d) Temporary signs. One temporary sign may be mounted on a portable stand, with
a maximum surface area not to exceed thirty-two (32) square feet, or may be a wall sign
subject to the same size standards as the permanent wall signage allowed for the use.
Such signs must be located on the subject property and may be used not more than four
(4) times per calendar year, and for a period of not more than fourteen (14) days per time.
Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign
per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces
shall be considered as a single prepeAE -Lot for purposes of this paragraph. The use of the
single temporary sign by tenants on the preperty-lot shall be the responsibility of the
property owner or designated manager who shall endorse in writing, all applications for
sign permits. The owner or manager of the sign and the property owner of the preperty
shall be equally responsible for the proper location, maintenance, and removal of the sign.
The sign, sign supports, and portable stand shall be removed from public view at the end
of the period. No such temporary signage shall be allowed on any prepei:t}-lot that has a
changeable copy sign, an electronic copy sign, or an electronic graphic display sign.
(32)
H21. SECTION 21155.07 (SIGN REGULATIONS—ADMINISTRATION AND
ENFORCEMENT), SUBD. 1 (a) (1) IS HEREBY AMENDED AS FOLLOWS:
(1) The location of proposed and existing signs in relation to pmpefty-lot lines
and existing and proposed building based upon a certified survey or site plan
approved by the City which accurately reflects current conditions on the property.
H22. SECTION 21155.07 (SIGN REGULATIONS—ADMINISTRATION AND
ENFORCEMENT), SUBD. 2 (b) IS HEREBY AMENDED AS FOLLOWS:
(b) Changing the copy or message of an allowed changeable copy sign -expressly
designed with ehangeable eepy or changing the display surface
sign enly (as ift poster r-eplaeefneat or on site ehanges invelving sign painting elsewhere
of any existing sign, unless a structural change or a change to
any electrical components is involved.
H23. SECTION 21155.07 (SIGN REGULATIONS—ADMINISTRATION AND
ENFORCEMENT), SUBD. 2 (c) IS HEREBY AMENDED AS FOLLOWS:
(c) Changing the copy or sign face of an outdoor advertising sign, unless a maje
structural change or a change to the electrical components is involved.
H24. SECTION 21155.09 (SIGN REGULATIONS—TEMPORARY OUTDOOR
PROMOTIONAL EVENTS), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. Only one sign/device shall be allowed per event and no more than one
sign/device shall be allowed on a pFepefty-lot at any one time.
SECTION 21170 (ANIMALS) IS HEREBY AMENDED AS FOLLOWS:
SECTION 21170 - ANIMALS
21170.01. KEEPING ANIMALS: The following animals may be kept in the City:
Subd. 1. Domestic animals are allowed in all zoning districts, as regulated by
Chapter 9 of the City Code.
(33)
Subd. 2. In all residential zoning districts except FRD, the raising or keeping of
animals of any type for slaughter is prohibited.
Subd. 3. The keeping of horses, including miniature horses, is an allowed use in the
FRD district provided:
(a) The minimum lot size is two and one-half (2.5) acres.
(b) The number of horses does not exceed one (1) per acre to a maximum of six (6)
horses, unless a higher number is granted by the issuance of an interim use permit.
Subd. 4. Except as provided in the FRD district, farm animals (including
miniatures) are prohibited in the City. Furthermore, any pen, pasture, paddock, feedlot or
building designed to confine a farm animal shall be located not less than one hundred (100) feet
away from any residential dwelling that is not owned or leased by the person owning the farm
animal.
Subd. 5. Animals being kept as part of the Minnesota Zoological Gardens, St. Paul
Como Zoo, or similar institutional docent programs are an allowed use in all zoning districts by
administrative permit. Prior to permit issuance, the participant in the program shall notify the
Zoning Administrator in writing of their participation in the program and identify all animals
being kept.
Subd. 6. No animal feedlots shall exceed ten -{1 -A -}six 6 animal units as defined by
Minnesota Rules 7020.0300, Subd. 5.
Subd. 7. Animals may only be kept for commercial purposes if authorized in the
zoning district where the animals are located.
Subd. 8. Animals may not be kept if they cause a nuisance as defined by the City
Code or endanger the health or safety of the community.
Subd. 9. Except as may be allowable by interim use permit in the FRD district,
commercial dog kennels are prohibited in the City.
Subd 10. The keeping of wild animals shall be regulated in accordance with Section
915.29 of the City Code.
(34)
SECTION 21175.07 (ANTENNAS—PERSONAL WIRELESS SERVICE
ANTENNAS), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Residential District and Public/Institutional District Standards.
(a) Antennas Located Upon An—P*btie—Existing Structure Or Existing Tower:
Personal wireless service antennas located upon puan existine structures or existing
towers shall require the processing of an administrative permit and shall comply with the
following standards:
(1) The applicant shall demonstrate by providing a coverage or capacity
analysis prepared by a professional engineer that location of the antennas as
proposed is necessary to meet the frequency reuse and spacing needs of the
personal wireless service system and to provide adequate wireless coverage and
capacity to areas which cannot be adequately served by locating the antennas in a
less restrictive zoning district.
(2) Transmitting, receiving and switching equipment shall be housed within
an existing structure whenever possible. If a new equipment building is necessary
for transmitting, receiving and switching equipment, it shall be situated in the rear
or side yard of the principal use and shall be screened from view by landscaping
where appropriate.
(3) An administrative permit is issued in compliance with the provisions of
Section 21025 of this Chapter.
(4) The maximum height for antennas to be placed upon an existing structure
(includes buildings and light standards) shall be regulated by Section 21115.02,
Subd. 1 of this Chanter.
(5) There is no maximum height limitation for antennas to be co -located upon
an existingtower, ower, provided the height of such existing tower is not increased.
(b) Antennas Not Located Upon An Publie-Existing Structure Or Existing Tower:
Personal -Wwireless 8service antennas not located upon an public— ting structure or
existing tower (includes replacement of an existing light standard for purposes of
supporting the antennas) shall require the processing of a conditional use permit and shall
comply with the following standards:
(1) The applicant shall demonstrate by providing a coverage or capacity
analysis prepared by a professional engineer that location of the antennas as
proposed is necessary to meet the frequency reuse and spacing needs of the
wireless system and to provide adequate coverage and capacity to areas which
cannot be adequately served by locating the antennas in a less restrictive district.
(35)
(2) If no existing structure which meets the height requirements for the
antennas is available for mounting purposes, the antennas may be mounted on a
new monopole tower provided that:
a. The antennas and monopole not exceed seventy-five (75) feet in
height.
b. The setback of the antennas and monopole from the nearest
residential structure is not less than the height of the antennas and
monopole. Exceptions to such setback may be granted if a qualified
structural engineer licensed in the State of Minnesota specifies in writing
that any collapse of the pole will occur within a lesser distance under all
foreseeable circumstances.
(3) Transmitting, receiving and switching equipment shall be housed within
an existing structure whenever possible. If a new equipment building is necessary
for transmitting, receiving and switching equipment, it shall be situated in the rear
or side yard of the principal use and shall be screened from view by landscaping
where appropriate.
(4) At the discretion of the City, a security fence not greater than eight (8) feet
in height with a maximum opacity of fifty (50) percent shall be provided around
the support structure.
(5) The conditional use permit provisions of Section 21015 of this Chapter are
considered and determined to be satisfied.
(c) Temporary Mobile Towers: Personal wireless service antennas in
Public/Institutional Districts located upon a temporary mobile tower used on an interim
basis shall require the processing of an Aadministrative Ppermit and shall comply with
the following standards:
1. Temporary mobile towers are exempt from co -location and permanent tower
structure design standards contained in Section 21175.02. Subd. 9 and Subd.
10, Section 21175.03, and Section 21175.10.
2. The termination date of the permit shall not exceed one hundred and twenty
(120) days. Temporary mobile towers located on a site longer than one
hundred and twenty (120) days shall require the processing of an Interim Use
Permit subject to the standards contained in Sections 21020 and 21175.
3. Guyed towers are prohibited.
(36)
4. Mobile units shall have a minimum tower design windload of eighty (80)
miles -per -hour, or shall be set back from all structures a distance equal to the
height of the tower.
5. All towers shall be protected against unauthorized climbing.
6. The height of the tower shall not exceed ninety (90) feet.
7. Temporary towers shall be prohibited in residential zoning districts.
J1. SECTION 21175.07 (ANTENNAS—PERSONAL WIRELESS SERVICE
ANTENNAS), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Commercial Or -or Business District Standards:
(a) Antennas Located Upon An Existing Structure or Existing Tower: Personal
wireless service antennas located upon an existing structure or co -located on an existing
tower shall require the processing of an administrative permit.
(1) Transmitting, receiving and switching equipment shall be housed within
an existing structure whenever possible. If a new equipment building is necessary
for transmitting, receiving and switching equipment, it shall be situated in the rear
or side yard of the principal use and shall be screened from view by landscaping
where appropriate.
(2) An administrative permit is issued in compliance with the provisions of
Section 21025 of this Chapter and the following standards.
a. Antennas mounted on public structures shall not extend more than
fifteen (15) feet above the structural height of the structure to which
they are attached.
b. Building -mounted antennas shall not extend more than ten (10) feet
above the roof, and shall be set back at least five (5) feet from the roof
edge.
c. Wall or facade mounted antennas may not extend more than five (5)
feet above the cornice line and must be constructed of a material or
color which matches the exterior of the building..
d. There is no maximum height limitation for antennas to be co -located
upon an existing tower, provided the height of such existing tower is
not increased.
(37)
(b) Antennas Not Located Upon An Existing Structure or Existing Tower: Personal
Wwireless service antennas not located upon an existing structure (includes replacement
of an existing light standard for purposes of supporting the antennas) shall require the
processing of a conditional use permit and shall comply with the following standards:
(1) The applicant shall demonstrate by providing a coverage or capacity
analysis prepared by a professional engineer that location of the antennas as
proposed is necessary to meet the frequency reuse and spacing needs of the
wireless system and to provide adequate coverage and capacity to areas which
cannot be adequately served by locating the antennas in a less restrictive zoning
district.
(2) If no existing structure which meets the height requirements for the
antennas is available for mounting purposes, the antennas may be mounted on a
Lew monopole tower provided that:
a. The antennas and monopole not exceed seventy-five (75) feet in
height.
b. The setback of the antennas and monopole from the nearest
residential structure is not less than the height of the antennas and
monopole. Exceptions to such setback may be granted if a qualified
structural engineer licensed in the State of Minnesota specifies in writing
that any collapse of the pole will occur within a lesser distance under all
foreseeable circumstances.
(3) Transmitting, receiving and switching equipment shall be housed within
an existing structure whenever possible. If a new equipment building is necessary
for transmitting, receiving and switching equipment, it shall be situated in the rear
or side yard of the principal use and shall be screened from view by landscaping
where appropriate.
(4) At the discretion of the City, a security fence not greater than eight (8) feet
in height with a maximum opacity of fifty (50) percent shall be provided around
the support structure.
(5) The conditional use permit provisions of Section 21015 of this Chapter are
considered and determined to be satisfied.
(c) Temporary Mobile Towers: Personal wireless service antennas located upon a
temporary mobile tower used on an interim basis until a permanent site is constructed
shall require the processing of an Aadministrative Rpermit and shall comply with the
following standards:
(38)
1. Temporary mobile towers are exempt from co -location and permanent tower
structure design standards contained in Section 21175.02. Subd. 9 and Subd.
10, Section 21175.03, and Section 21175.10.
2. The termination date of the permit shall not exceed one hundred and twenty
(120) days. Temporary mobile towers located on a site longer than one
hundred and twenty (120) days shall require the processing of an linterim
Buse lzpermit subject to the standards contained in Sections 21020 and 21175.
3. Guyed towers are prohibited.
4. Mobile units shall have a minimum tower design windload of eighty (80)
miles -per -hour, or shall be setback from all structures a distance equal to the
height of the tower.
5. All towers shall be protected against unauthorized climbing.
6. The height of the tower shall not exceed ninety (90) feet.
J2. SECTION 21175.07 (ANTENNAS—PERSONAL WIRELESS SERVICE
ANTENNAS), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. Industrial District Standards.
(a) Antennas Located Upon An Existing Structure Or Existing Tower: Personal
Wwireless Sservice antennas located upon an existing structure or co -located on an
existing tower shall require the processing of an administrative permit and shall comply
with the following standards:
An administrative permit is issued in compliance with the provisions of
Section 21025 of this Chapter.
2. Building -mounted antennas shall not extend more than ten (10) feet above the
roof, and shall be set back at least five (5) feet from the roof edge.
3. Wall or facade mounted antennas may not extend more than five (5) feet
above the cornice line and must be constructed of a material or color which
matches the exterior of the building.
(b) Antennas Not Located Upon An Existing Structure Or Existing Tower: Personal
Wwireless Sservice antennas not located upon an existing structure or tower shall require
the processing of an administrative permit and shall comply with
the following standards:
(39)
(1) If there is no existing structure which meets the height requirements for
mounting the antennas, the antennas may be mounted upon a monopole tower not
exceeding one hundred (100) feet in height. The tower shall be located on a
parcel having a dimension equal to the height of the tower measured between the
base of the tower located nearest the property line and said property line, unless a
qua4fied-structural engineer licensed in the State of Minnesota specifies in writing
that the collapse of the tower will occur within a lesser distance under all
foreseeable circumstances.
(2) An administrative permit is issued in compliance
with the provisions of this Section and Section 21015 21025 of this Chapter.
(c) Temporary Mobile Towers: Personal wireless service antennas located upon a
temporary mobile tower used on an interim basis until a permanent site is constructed
shall require the processing of an Aadministrative Ppermit and shall comply with the
following standards:
1. Temporary mobile towers are exempt from co -location and permanent tower
structure design standards contained in Section 21175.02. Subd. 9 and Subd.
10, Section 21175.03, and Section 21175.10.
2. The termination date of the permit shall not exceed one hundred and twenty
(120) days. Temporary mobile towers located on a site longer than one
hundred and twenty (120) days shall require the processing of an linterim
Buse -?permit subject to the standards contained in Sections 21020 and 21175.
3. Guyed towers are prohibited.
4. Mobile units shall have a minimum tower design windload of eighty (80)
miles -per -hour, or shall be set back from all structures a distance equal to the
height of the tower.
5. All towers shall be protected against unauthorized climbing.
6. The height of the tower shall not exceed ninety (90) feet.
K. SECTION 21190.04 (SPECIALIZED HOUSING—ACCESSORY DWELLING UNITS),
SUBD. 2 (a) IS HEREBY AMENDED AS FOLLOWS:
(a) An accessory dwelling unit shall be located above an attached or detached garage
that is accessory to a single-family detached home located in the RSF-R. RSF-1, RSF-2,
or PUD zoning district.
(40)
L. SECTION 21195.02 (SEXUALLY ORIENTED USES—SEXUALLY ORIENTED USE
- GENERAL) IS HEREBY AMENDED AS FOLLOWS:
21195.02. SEXUALLY ORIENTED USE - GENERAL: Sexually oriented uses, as
defined in this Chapter, shall be subject to the following general provisions:
Subd. 1. Activities classified as obscene under Minnesota State Law are not
permitted and are strictly prohibited.
Subd. 2. Sexually oriented uses, either principal or accessory, shall be prohibited
from locating in any building which is also feel-used for residential purposes.
Subd. 3. Sexually oriented uses, either principal or accessory, shall be prohibited
from locating in any place which is also used to dispense or consume alcoholic beverages.
Subd. 4. Sexually oriented uses-principal which are defined in this Chapter as
sexually oriented stores, and which deal solely in the retail sales of novelties, shall be exempt
from the requirements of Section 21195.03 of this Chapter.
Subd. 5. A sexually oriented use which does not qualify as an accessory use shall be
classified as a sexually oriented use-principal.
Subd. 6. The regulations provided in Section 21195 of this Chapter hereby _ - Formatted: Font: Times New Roman, Bold
supersede Chapter 617.242 of Minnesota Statutes, pursuant to the authority granted under
Chapter 617.242 of Minnesota Statutes. The City of Plymouth hereby "opts out" of the
regulations set forth in Chapter 617.242 of Minnesota Statutes, and said regulations shall not
apply within the City of Plymouth. The regulations set forth in Section 21195 of this Chapter
shall apply within the City of Plymouth.
(41)
M. SECTION 21350 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
SECTION 21350 - FRD FUTURE RESTRICTED DEVELOPMENT DISTRICT
inside the M Tc " the The purpose of the Future Restricted Development (FRD) District is to
provide a holding zone until a landowner/developer makes application for development, at which
time the City may rezone the affected property consistent with its designation in the
Comprehensive Plan, provided that the development does not result in the premature extension
of public utilities, facilities, and r services as speei€ied-above. A lot size minimum of twenty
(20) acres will retain these lands in their natural or current state or in agricultural uses until such
time as development occurs.
21350.03. PERMITTED USES: The following are permitted uses in the FRD District:
Subd. 1. Agriculture, nurseries, greenhouses for growing only, landscape gardening
and tree farms, including sales of only those products early -grown onthe premises.
Subd. 2. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 3. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 4. Open space, public or private.
Subd. 5. Parks, trails, playgrounds, and directly related buildings and structures;
City of Plymouth only.
Subd. 6. Residential facilities licensed by the State, serving six (6) or fewer persons
in a single—family detached dwelling.
Subd. 7. Single—family detached dwellings.
(42)
21350.05. ACCESSORY USES: The following are permitted accessory uses in the FRD
District:
Subd. 1. Accessory buildings and structures, as regulated by Section 21120 of this
Chapter.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Administrative offices, meeting rooms, classrooms, and food preparation
and service areas in private -and -public or private recreational facilities, and the uses of which are
incidental and directly related to the primary use.
Subd. 4. Boarding or renting of rooms to not more than two (2) individuals per
dwelling unit.
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
Subd. 6. Fences, as regulated by Section 21130 of this Chapter.
Subd. 7. Home occupations and home offices, as regulated by Section 21145 of this
Chapter.
Subd. 8. Keeping of animals subject to Section 21170 of this Chapter.
Subd. 9. Off-street parking and off-street loading, as regulated by Sections
21105.11 and 21135 of this Chapter.
Subd. 10. Play and recreational facilities, only accessory to an existing principal
permitted use on the same lot and which are operated for the enjoyment and convenience of the
residents of the principal use and their occasional guests, except as otherwise permitted.
Subd. 11. Radio and television receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio receivers, federal
licensed amateur radio stations and television receivers, as regulated by Section 21175 of this
Chapter.
Subd. 12 Recreational vehicles and equipment parking and storage, as regulated by
Section 21105.11 of this Chapter. (Amended by Ord. No. 2000-06, 02/29/00)
(43)
Subd. 13. Signs, as regulated by Section 21155 of this Chapter.
21350.07. CONDITIONAL USES: The following are conditional uses allowed in the
FRD District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an pie existing structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Bed and Breakfast in accordance with Section 21190.01.
Subd. 3. Cemeteries or memorial gardens provided that:
(a) The site is landscaped in accordance with Section 21130.
(b) The use is public or semi-public.
(c) Pit -All -portions of the use meets the minimum setback requirements for principal
structures.
Subd. 4. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that: equipment is completely enclosed in a permanent structure with no outside storage.
(Amended by Ord. No. 2004-02, 01/13/04)
Subd. 6. Helistops, as regulated by Section 21193 of this Chapter.
(44)
(e) The..e shall be a ,demenst- ated ...d .dee,..r.ente.d need f f .el. f eilit., (i.e.,
etak :t. ete
.w �rwa� �, v�vw..r�, vrv.)•
64 mended hy QPW. Ate. 2002 02, 014AW
Subd. 87. Parks and recreational areas owned or operated by public bodies; other
than the City of Plymouth.
Subd. 98. Recreational fields facilities (outdoor) including golf courses_I5WffHffM"g
peels; and similar facilities, and directly related buildings and structures.
Subd to Re eat: el ,.t«. et. and buildings (p ete)s w eludi the F es
swimming,tennis and leeated on the uses.
Subd. -149. Residential shelters, in accordance with Section 21190.02 of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08)
Subd. 4-210. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a -the C-1 Zoning District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 4-311. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
Subd. 1412. Stables and riding academies.
(45)
Subd. 4513. Wind energy conversion systems (WECS), as regulated by Section 21173
of this Chapter. (Amended by Ord. No. 2002-19, 05/14/02) (Amended by Ord. No. 2008-09,
03/25/08)
21350.09. INTERIM USES: Subject to applicable provisions of this sSection, the
following are interim uses in the FRD District and are further governed by Section 21020 of this
Chapter.
Subd. 1. Commercial dog kennels as a secondary use. (Amended by Ord. No. 2002-
02, 01/22/02
Subd. 2. Landfilling and land excavation/grading operations; involving over 1,000
cubic yards ineluding-and mining operations, as regulated by Section 21185 of this Chapter.
Subd. 3. Living quarters which are provided as an accessory use to a principal
permitted or conditional use listed in this Section, and which are located within the principal
building, provided that:
(a) The living quarters shall not be used as rental property.
(b) A maximum of one (1) such living unit shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (e.g_.,
'nanny, caretaker, security).
21350.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the FRD District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an publie structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit fFefn the City Efigineff as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(46)
(b) Landscaping is provided to screen any such structure.
Subd. 54. Outside, above ground storage facilities for fuels used for heating
purposes ; outdoor generators for non-residential uses; and outdoor equipment for dispensing
fnetef-fuels to vehicles or containers used in conjunction with an
approved principal use, but not for sale-,. Such features shall be limited to gasoline, diesel,
natural gas, or propane. For non-residential uses, such features located less than two hundred
(200) feet from residentially guided or zoned property shall require approval of a site plan (or site
plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. All other
such requests shall be subject to the saffie ..,rims a allowed :ft the 0 DistFiet _pproval bby
administrative permit, provided the following criteria are met:
(a) The design, construction, and location of any such features shall comply with
State and City codes including appropriate National Fire Protection Association
standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing and
landscaping related to safety or screening.
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress oregress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
Subd. 65. Temporary meteorological equipment and associated tower, as regulated
by Section 21173 of this Chapter.
Subd. 76. Temporary structures, as regulated by Section 21167 of this Chapter.
Subd. 87. Transient merchants, including but not limited to produce.
(47)
21350.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the FRD District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(48)
Formatted: Centered
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N. SECTION 21352 (RSF-R, SINGLE FAMILY DETACHED RURAL TO URBAN
TRANSITION DISTRICT) IS HEREBY ADDED AS FOLLOWS:
SECTION 21352 - RSF-R, SINGLE FAMILY DETACHED RURAL
TO URBAN TRANSITION DISTRICT
•------------------------------------------------------------------------------------------------------------------------------ �' --
31352.01. PURPOSE: The purnose of the Single Family Detached Rural to Urban •
Transition (RSF-R) District is to provide for large lot or clustered single-family development
with a full range of public infrastructure—gsthe northwest area of PIouth transitions from
rural acreaee/aericultural lots without Dublic utilities to a development pattern with
utilities.
21352.03. PERMITTED USES: The following are permitted uses in the RSF-R District:
Subd. 1. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 2. Governmental and public utility (essential service) buildings and
structures, including public works We facilities, excluding outdoor storage.
Subd. 3. Open space, public or private.
Subd. 4. Parks, trails, playgrounds, and directly related buildings and structures;
City of Plymouth only.
Subd. 5. Residential facilities licensed by the State, serving six (6) or fewer persons
in a single-family detached dwelling.
Subd. 6. Single-family detached dwellings.
21352.05. ACCESSORY USES: The following are permitted accessory uses in the RSF-R
District:
Subd. 1. Accessory buildings and structures, as regulated by Section 21120 of this
Chapter.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
(49)
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Highlight
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Subd. 3. Administrative offices, meeting rooms, classrooms, and food preparation
and service areas in public or private recreational facilities, and the uses of which are incidental
and directly related to the primary use.
Subd. 4. Boarding or renting of rooms to not more than two (2) individuals per
dwelling unit.
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen (14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
Subd. 6. Fences, as regulated by Section 21130 of this Chapter.
Subd. 7. Home occupations and home offices, as regulated by Section 21145 of this
Chapter.
Subd. 8. Keeping; of animals subject to Section 21170 of this Chapter.
Subd. 9. Off-street parking and off-street loading, as regulated by Sections
21105.11 and 21135 of this Chapter.
Subd. 10. Play and recreational facilities, only accessory to an existing_ principal
permitted use on the same lot and which are operated for the enjoyment and convenience of the
residents of the principal use and their occasional guests, except as otherwise permitted.
Subd. 11. Radio and television receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio receivers, federal
licensed amateur radio stations and television receivers, as regulated by Section 21175 of this
Chapter.
Subd. 12. Recreational vehicles and equipment parking and storage, as regulated by
Section 21105.11 of this Chapter.
Subd. 13. Signs, as regulated by Section 21155 of this Chapter.
21352.07. CONDITIONAL USES: The following are conditional uses allowed in the
RSF-R District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
(50)
Subd. 1. Antennas not located mon an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Bed and Breakfast in accordance with Section 21190.01.
Subd. 3. Cemeteries or memorialarg dens provided that:
(a) The site is landscaped in accordance with Section 21130.
(b) The use is public or semi-public.
(c) All portions of the use meet the minimum setback requirements for principal
structures.
Subd. 4. Essential services requiring_a conditional useep rmit pursuant to Section
21160 of this Chapter.
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)~ Formatted: Indent: Left: a', First line: 0.5^
that exceed five (5) feet in height or twenty_(20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that equipment is completely enclosed in a permanent structure with no outside storage.
Subd 6 Parks and recreational areas owned or operated by public bodies: other
than the City of Plymouth.
Subd 7 Recreational facilities (outdoor) including golf courses and similar
facilities, and directly related buildings and structures.
Subd 8 Residential shelters, in accordance with Section 21190.02 of this Chapter.
Subd. 9. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
a) Merchandise is sold at retail.
b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within the C-1 Zoning District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(51)
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building_
(g) No signs or posters of any ype advertising products for sale or services shall be
visible from the outside of the building.
Subd. 10. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
21352.09. INTERIM USES: Subject to applicable provisions of this Section, the
following are interim uses in the RSF-R District and are further governed by Section 21020 of
this Chapter.
Subd. 1, Agriculture, nurseries, greenhouses for growing only, Jandscape gardening, .- Formatted: Font: Times New Roman, Not Bold
and tree farms, including saleaof only those products grown on the, premises-___________ ________ Formatted: Font: Times New Roman, Not Bold
Formatted: Font: Times New Roman, Not Bold
Subd. 2. Landfilling and land excavation/grading operations involving over 1,000 Formatted: Font: Times New Roman, Not Bold
cubic yards and mining operations, as regulated by Section 21185 of this Chapter. Formatted: Font: Times New Roman, Not Bold
F
Formatted: Font: Times New Roman, Not Bold
Subd. 3. Living quarters which are provided as an accessory use to a principal Formatted: Font: Times New Roman, Not Bold
permitted or conditional use listed in this Section, and which are located within the principal
building, provided that: Formatted: Indent: First line: 0"
Formatted: Indent: First line: 0"
(a) The living quarters shall not be used as rental property.
(b) A maximum of one (1) such living unit shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (e.g.,
nanny, caretaker, security).
Formatted: Left
21352.11. USES BY ADMINISTRATIVE PERMIT: Subiect to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the RSF-R District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Accessory dwelling units, in accordance with Section 21190.04 of this _ . - Formatted: Font: Times New Roman, Bold
Chapter.
Subd. 2. Antennas located upon an existing structure or existing tower, as regulated- Formatted: Indent: First line: 0.5"
by Section 21175 of this Chapter.
(52)
Subd. 3. Essential services requiring a permit as provided by Section 21160 of this
Chapter.
Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside----- f Formatted: Indent: Left: 0.5°
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 5, Model homesjemporary,, as regulated by Section 21165 of this Chapter. Formatted: Font: Times New Roman, sold
Subd. 6. Outside, above ground storage facilities for fuels used for heating
purposes: outdoor generators for non-residential uses; and outdoor equipment for dispensing
fuels to vehicles or containers used in conjunction with an approved principal use, but not for
sale. Such features shall be limited to gasoline, diesel, natural gas, or propane. For non-
residential uses such features located less than two hundred (200) feet from residentiallyug ided
or zoned property shall require approval of a site plan (or site plan amendment) for a major
project pursuant to Section 21045 05 of this Chapter. All other such requests shall be subject to
gpl2roval by administrative permit, provided the following criteria are met:
(a) The design construction, and location of any such features shall comply with
State and City codes including appropriate National Fire Protection Association
standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
() An accurate site plan for the development based upon a certified survey shall be
submitted showing to scale, the location of such features including any fencing and
landscaping related to safety or screening_
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress oregress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and s my bols.
�------ Formatted: Indent: Left: 0"
Subd. 7. Real estate offices, temporary, as regulated by Section 21165 of this _ -- Formatted: Font: Times New Roman, Bold
Chapter.
(53)
Subd. 8. Temporary structures, as regulated by Section 21167 of this Chapter. ------- Formatted: Indent: First line: 0.5"
------- Formatted: Left
21352.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following equirements shall be observed in the RSF-R District subject to additional
requirements exceptions and modifications set forth in this Chapter.
(54)
O. SECTION 21355.03 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1— PERMITTED USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
01. SECTION 21355.05 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1— ACCESSORY USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
02. SECTION 21355.07 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1— CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21355.07. CONDITIONAL USES: The following are conditional uses allowed in the
RSF-1 District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located Won an pie existing structure; or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Bed and breakfast in accordance with Section 21190.01.
Subd. 3. Cemeteries or memorial gardens provided that:
(a) The site is landscaped in accordance with Section 21130.
(b) The use is public or semi-public.
(c) 77tCA11 portions of the use meets the minimum setback requirements for principal
structures.
Subd. 4. Day care facilities not within a residential dwelling, as an accessory use
provided that: the use complies with Section 21150 of this Chapter. (Amended by Ord. No.
2007-21, 08114107)
(Amended by Ord. No. 2001-06, 02113/01)
(55)
Subd. S. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools. (Amended by Ord.
No. 2008-09, 03/25/08)
Subd. 6. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 7. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that: equipment is completely enclosed in a permanent structure with no outside storage.
(Amended by Ord. No. 2004-02, 01/13/04)
,
Subd. 98. Parks and recreational areas owned or operated by public bodies; other
than the City of Plymouth.
Subd. "9. Recreational field facilities (outdoor) including golf courses, swimming
peep and similar facilities, and directly related buildings and structures.
Subd. 11 D estienal _tmetur-e_ and buildings (priyme)ineluding these for- gel,
tennisand swimming, 1.. eAed on the premises of elubs ebeels plaeos ef. ....1.:
Subd. 1310. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. X311. Residential shelters, in accordance with Section 21190.02 of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08)
Subd. 4412. Retail commercial activities and personal services in allowed non-
residential facilities, provided that: (Amended by Ord. No. 2008-09, 03/25/08)
(56)
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a -the C-1 Zoning District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 1.313. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
Subd. 1614. Social services or other activities which are not directly worship related as
an accessory use within a -religious institutional building(s).
03. SECTION 21355.09 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1— INTERIM USES) IS HEREBY AMENDED AS FOLLOWS:
21355.09. INTERIM USES: Subject to applicable provisions of this &Section, the
following are interim uses in a -the RSF-1 District and are further governed by Section 21020 of
this Chapter.
Subd. 1. Agriculture, nurseries, greenhouses for growing only, landscape gardening
and tree farms, including sales of only those products grown on the premises.
Subd. 2. Landfilling and land excavation/grading operations iinvolvine
over 1,000 cubic yards and mining operations, as regulated by Section 21185 of this Chapter.
Subd. 3. Living quarters which are provided as an accessory use to a principal
permitted or conditional use listed in this Section, and which are located within the principal
building provided that:
(a) The living guarters shall not be used as rental property.
(57)
A maximum of one (1) such living unit shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (e.g.,
nanny, caretaker, security).
------ Formatted: Indent: Left: 0"
Subd. 34. Temporary classroom structures for use by public or private schools.
04. SECTION 21355.11 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1—USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21355.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this sSection, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a -the RSF-1 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Accessory dwelling units in accordance with Section 21190.04 of this
Chapter.
Subd. 2. Antennas located upon an die -existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 3. Landfilling and land exeavatieiblgr-ading eper-atiens, emeept ,
regulated by Seetion 21185 of this Chapter.
Subd. 4. Outside, abe. e ground storage f,eilities fur fuels used f .. wee.: ns
pur-peses, or- fOF fnOtOr fuel dis . - s r-eleAed te an approved pr-ineipal use, but not ---
sale ..ubjeet to.l.e saimw ,,.d:+ Aiy; ., e11nwoi 3 in a t Dist«:et
Subd. 53. Essential services requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 64. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. -75. Model homes, temporary, as regulated by Section 21165 of this Chapter.
(58)
gubd.6- Outside, above ground storage facilities for fuels used for heating
purposes: outdoor generators for non-residential uses, and outdoor equipment for dispensing
fuels to vehicles or containers used in conjunction with an approved principal use, but not for
sale. Such features shall be limited to gasoline, diesel, natural gas, or propane. For non-
residential uses, such features located less than two hundred (200) feet from residentially guided
or zoned property shall require approval of a site plan (or site plan amendment) for a major
project, pursuant to Section 21045.05 of this Chapter. All other such requests shall be subject to
approval by administrative permit, provided the following criteria are met:
(a) The design, construction, and location of any such features shall comply with
State and City codes including appropriate National Fire Protection Association
standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing and
landscaping related to safety or screening,
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress oregress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
Subd.87. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 98. Temporary structures, as regulated by Section 21167 of this Chapter.
05. SECTION 21355.13 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1—AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21355.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the RSF-1 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(59)
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
District
Lot
Minimum
Minimum
Maximum
Minimum
Maximum
------t
Formatted Table
AreaArea
Lot Width
Lot Depth
Structural
Setbacks
Building
Minimum
Minimum (a)
(feet)
(feet)
Coverage (a)
(feet) (a)
Height
I acre
Single
18,500
Single
110
none
Resi-
30%
Front (b) -
50
Princ.
35-11
------
Formatted: Centered
Family
sq. ft.
Family
dem4g'
ssingle
Bldg_
feet
detaehe
detwhe
ssingle
family
d
d
family
detaeked
Other
1 acre
Other
200
Front (c) -
25
Acc.
10
uses
uses
Resi-
50%
ssingle
Bldg,
feet
dential
family
120
Other uses
dewehed
sq. ft.
or less
Front (d) -
50
Acc.
15
eQther
Bldg,
feet
principal
over
uses
120
,fig-
------
Formatted: Font: Times New Roman, 9 pt
Formatted: Font: Times New Roman, 9 pt
ctur to
railroad
right-of-way
Side -
15
single
family
detaehed
Side -
25
eQther
principal
Side-
"
_
Qetached
accessory
ases-In Sift
yard:
15
Formatted: Font: Times New Roman, 8 pt
�
-in rear yard:
6
6,
Rear -
-
-
Formatted: Font: Times New Roman, 8 pt
ssingle
Formatted Table
family
detaehed
Rear -
40
eQther
rinci al
uses
Rear -
6
dDetached
accesso
(a) Special requirements Wpl for environmental overlay districts - See appropriate text
(b) Abutting an arterial street
(c) Applies to each street frontage other than an arterial street
(60)
P. SECTION 21360.03 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2—PERMITTED USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
P1. SECTION 21360.05 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2—ACCESSORY USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
P2. SECTION 21360.07 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2—CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21360.07. CONDITIONAL USES: The following are conditional uses allowed in the
RSF-2 District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an die rxisting structure-, or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Day care facilities not within a residential dwelling, as an accessory use
provided that:
(a) :J the use complies with the previsions ef-Section 21150 of this Chapter.
(Amended by Ord. No. 2001-06, 02/13/01)
Subd. 3. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools. (Amended by Ord.
No. 2008-09, 03/25/08)
Subd. 4. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
(61)
that: equipment is completely enclosed in a permanent structure with no outside storage,
(Amended by Ord. No. 2004-02, 01113104)
sterage.
Subd. 6. Parks and recreational areas owned or operated by public bodies; other
than the City of Plymouth.
Subd. 7. Recreational fields facilities (outdoor) including golf courses
peels; and similar facilities, and directly related buildings and structures.
,
Subd. 98. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 4109. Residential shelters, in accordance with Section 21190.02 of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08)
Subd. 1410. Retail commercial activities and personal services in allowed non-
residential facilities, provided that: (Amended by Ord. No. 2008-09, 03/25108)
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a -the C-1 Zoning District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
(62)
Subd. 4311. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
Subd. 4312. Social services or other activities which are not directly worship related as
an accessory use within a -religious institutional building(s).
P3. SECTION 21360.09 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2—INTERIM USES) IS HEREBY AMENDED AS FOLLOWS:
21360.09. INTERIM USES: Subject to applicable provisions of this section, the following
are interim uses in aa -the RSF-2 District and are further governed by Section 21020 of this
Chapter.
Subd. 1. Landfilling and land excavation/grading operations; wieept-(excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
Subd. 2. Temporary classroom structures for use by public or private schools.
P4. SECTION 21360.11 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2—USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21360.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the RSF-2 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Accessory dwelling units, in accordance with Section 21190.04 of this
Chapter.
Subd. 2. Antennas located upon an publie existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 3. Essential services requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 4. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(63)
(b) Landscaping is provided to screen any such structure.
,
regulated by Seefien 21185 efthis Chapter.
Subd. 65. Model homes, temporary, as regulated by Section 21165 of this Chapter.
Subd. -76. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators for non-residential uses; and outdoor equipment uses for dispensing
fuels to vehicles or containers used in conjunction with an approved principal use, but not for
sale, Such features
shall be limited to gasoline, diesel, naturalas�or propane. For non-residential uses, such
features located less than two hundred (200) feet from residentially guided or zoned property
shall require approval of a site plan (or site plan amendment) for a major project, pursuant to
Section 21045.05 of this Chapter. All other such requests shall be subject to approval by
administrative permit, provided the following criteria are met:
(a) The design, construction, and location of any such features shall comply
State and City codes including appropriate National Fire Protection Association
standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing and
landscaping related to safety or screening,
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
Subd. 87. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 18. Temporary structures, as regulated by Section 21167 of this Chapter.
(64)
P5. SECTION 21360.13 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2—AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21360.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following ff4nimufrrequirements shall be observed in the RSF-2 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(65)
Formatted Table
Formatted: Font: Times New Roman, 9 pt
Formatted: Font: Times New Roman, 9 pt
Q. SECTION 21365.03 (RSF-3, SINGLE FAMILY DETACHED DWELLING DISTRICT
3—PERMITTED USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Q1. SECTION 21365.05 (RSF-3, SINGLE FAMILY DETACHED DWELLING DISTRICT
3—ACCESSORY USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
Q2. SECTION 21365.07 (RSF-3, SINGLE FAMILY DETACHED DWELLING DISTRICT
3—CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21365.07. CONDITIONAL USES: The following are conditional uses allowed in the
RSF-3 District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an die existing structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Day care facilities not within a residential dwelling, as an accessory use
provided that--
(a)
hat:
(a) T the use complies with the provisions of -Section 21150 of this Chapter.
(66)
Subd. 3. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools.
Subd. 4. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 6. Parks and recreational areas owned or operated by public agencies other
than the City of Plymouth.
Subd. 7. Recreational fields -facilities (outdoor) including golf courses *"*
peel% and similar facilities, and directly related buildings and structures.
Subd. O Dee..e..tion l stmetares and buildings (private) ineltiding these f r golf-,
,
swimming,tennis and leeated on the premises of elubs,
Subd. 98. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 409. Residential shelters, in accordance with Section 21190.02 of this Chapter.
Subd. 1410. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted accessory use within the C-1 District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(67)
(f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 1311. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
Subd. 4-312. Social services or other activities which are not directly worship related as
an accessory use within religious institutional buildings.
Q3. SECTION 21365.09 (RSF-3, SINGLE FAMILY DETACHED DWELLING DISTRICT
3—INTERIM USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfilling and land excavation/grading operations; e*eept fexcludes
mining operations) involving over 1,000 cubic, as regulated by Section 21185 of this
Chapter.
Q4. SECTION 21365.11 (RSF-3, SINGLE FAMILY DETACHED DWELLING DISTRICT
3—USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21365.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the RSF-3 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an Elie existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
(68)
Subd. 54. Model homes, temporary, as regulated by Section 21165 of this Chapter.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators for non-residential uses; and outdoor equipment uses for dispensing
fuels to vehicles or containers used in conjunction with an approved principal, use, but not for
sale, . Such features
shall be limited to gasoline, diesel, naturalas�or propane. For non-residential uses, such
features located less than two hundred (200) feet from residentially guided or zoned property
shall require approval of a site plan (or site plan amendment) for a major project, pursuant to
Section 21045.05 of this Chapter. All other such requests shall be subject to approval by
administrative permit, provided the following criteria are met:
(a) The design, construction, and location of any such features shall comply with
State and City codes including appropriate National Fire Protection Association
standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing and
landscaping related to safety or screening_
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct ap rn oved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress oregress points.
(e) No signage shall be permitted, other than required safetyinformation, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
Subd. -76. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 87. Temporary structures, as regulated by Section 21167 of this Chapter.
(69)
Q5. SECTION 21365.13 (RSF-3, SINGLE FAMILY DETACHED DWELLING DISTRICT
3—AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21365.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the RSF-3 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(70)
Formatted Table
Formatted: Centered
R. SECTION 21370.03 (RSF-4, SINGLE AND TWO FAMILY DWELLING DISTRICT
PERMITTED USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
RI. SECTION *21370.05 (RSF-4, SINGLE AND TWO FAMILY DWELLING DISTRICT
ACCESSORY USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
R2. SECTION 21370.07 (RSF-4, SINGLE AND TWO FAMILY DWELLING DISTRICT—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21370.07. CONDITIONAL USES: The following are conditional uses allowed in the
RSF-4 District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an public existing structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Day care facilities not within a residential dwelling, as an accessory use
provided that.
(a) T1 the use complies with the previsions a Section 21150 of this Chapter.
(71)
Subd. 3. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools.
Subd. 4. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 6. Manufactured home parks (mobile home parks) subject to the standards
and conditions contained in Section 21190.03 of this Chapter.
Subd. 7. Parks and recreational areas owned or operated by public agencies other
than the City of Plymouth.
Subd. 8. Recreational fields -facilities (outdoor) including golf courses
peels; and similar facilities, and directly related buildings and structures.
Subd. 9. Reer-eational stmetur-es and buildings (priveite) ineluding these for- gegl,
Subd. 409. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 4110. Residential shelters, in accordance with Section 21190.02 of this Chapter.
Subd. 4-211. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within the C-1 District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(72)
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 4312. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
Subd. 4413. Social services or other activities which are not directly worship related as
an accessory use within religious institutional buildings.
R3. SECTION 21370.09 (RSF-4, SINGLE AND TWO FAMILY DWELLING DISTRICT—
INTERIM USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfilling and land excavation/grading operations; exeept - excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
R4. SECTION 21370.11 (RSF-4, SINGLE AND TWO FAMILY DWELLING DISTRICT—
USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21370.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the RSF-4 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an publie existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit ftefn the City Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(73)
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 54. Model homes, temporary, as regulated by Section 21165 of this Chapter.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators for non-residential uses; and outdoor equipment uses for dispensing
fuels to vehicles or containers used in conjunction with an approved principal use, but not for
sale, Such features
shall be limited to gasoline, diesel, natural gas, or propane. For non-residential uses, such
features located less than two hundred (200) feet from residentially guided or zoned property
shall require approval of a site plan (or site plan amendment) for a major project, pursuant to
Section 21045.05 of this Chapter. All other such features shall be subject to approval by
administrative permit, provided the following criteria are met:
(a) The design, construction, and location of any such features shall comply with
State and City codes including appropriate National Fire Protection Association
standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing_ and
landscaping related to safety or screening
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction solid wall enclosures shall not be used
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress oregress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
Subd. -76. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 87. Temporary structures, as regulated by Section 21167 of this Chapter.
(74)
R5. SECTION 21370.13 (RSF-4, SINGLE AND TWO FAMILY DWELLING DISTRICT—
AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21370.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimumrequirements shall be observed in the RSF-4 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(75)
Rear — 1 25
Rear — 40
between
res.
structures
S. SECTION 21375.03 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT (—
PERMITTED USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Sl. SECTION 21375.03 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1—
PERMITTED USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Residential facilities licensed by the State, serving sixteen (16) or fewer
persons
S2. SECTION 21375.05 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1—
ACCESSORY USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
(76)
Formatted: Font: Times New Roman, 8 pt
S3. SECTION 21375.07 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21375.07. CONDITIONAL USES: The following are conditional uses allowed in the
RMF -1 District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an die existing structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Day care facilities not within a residential dwelling, as an accessory use
provided that--
(a)
hat:(a):1the use complies with Section 21150 of this Chapter.
Subd. 3. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools.
Subd. 4. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
—1 equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 6. Manufactured home parks (mobile home parks) subject to the standards
and conditions contained in Section 21190.03 of this Chapter.
Subd. 7. Parks and recreational areas owned or operated by public agencies other
than the City of Plymouth.
Subd. 8. Recreational fields -facilities (outdoor) including golf courses
peel&, and similar facilities, and directly related buildings and structures.
Subd. 9. Deereational stmetur-es—ivd ouildicga-(3icYate) ine.u»ing these for g4f,
tennis and swimming,
and plaees ef worship.
leeeAed on the premises of elubs,s
(77)
Subd. 4-09. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. X10. Residential care facilities such as nursing homes, assisted living facilities
and similar facilities (excludes hospitals, sanitariums or similar institutions), provided that:
(a) Such uses shall be located along arterial or major collector roadways.
(b) Parking areas shall be screened in accordance with Section 21130.03, Subd. 1 (a)
of this Chapter.
(c) Loading areas shall be screened in accordance with Section 21135.14, Subd. 3 of
this Chapter.
(d) Buildings shall not exceed two stories in height.
(e) Buildings shall maintain a high standard of architectural and aesthetic
compatibility with surrounding properties.
Subd. 4311. Residential facilities licensed by the State, serving more than sixteen (16)
persons. (Amended by Ord. No. 2001-06, 02/13/01)
Subd.1312. Residential shelters, in accordance with Section 21190.02 of this Chapter.
Subd. 13. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
a) Merchandise is sold at retail.
b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within the C-1 District.
U The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activit,�and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
M No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(78)
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 14. Single-family detached dwellings. (Amended by Ord. No. 2000-06,
02/29/00)
Subd. 15. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
Subd. 16. Social services or other activities which are not directly worship related as
an accessory use within religious institutional buildings.
S4. SECTION 21375.09 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1—
INTERIM USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfilling and land excavation/grading operations; exeept excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
S5. SECTION 21375.11 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1—USES
BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21375.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the RMF -1 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an publie existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
(79)
Subd. 54. Model homes, temporary, as regulated by Section 21165 of this Chapter.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators for non-residential uses; and outdoor equipment uses for dispensing
fuels to vehicles or containers used in conjunction with an approved principal use, but not for
sale, subjeet to the same eenditiens as allowed fef sueh uses in the G 1 Distriec—Such features
shall be limited to gasoline, diesel, naturalag s, or propane. For non-residential uses, such
features located less than two hundred (200) feet from residentially guided or zoned property
shall require approval of a site plan (or site plan amendment) for a major project, pursuant to
Section 21045.05 of this Chapter. All other such features shall be subject to approval by
administrative permit, provided the following criteria are met:
(a) The design, construction, and location of any such features shall comply
State and City codes including appropriate National Fire Protection Association
standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
() An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing and
landscaping_ related to safety or screening,
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress oregress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
Subd. -76. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 87. Temporary structures, as regulated by Section 21167 of this Chapter.
(80)
S6. SECTION 21375.13 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1—
AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21375.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minitntim requirements shall be observed in the RMF -1 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(81)
Formatted Table
-' f Formatted Table
T. SECTION 21380.03 (RMF -2, MULTIPLE FAMILY DWELLING DISTRICT 2—
PERMITTED USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
T1. SECTION 21380.03 (RMF -2, MULTIPLE FAMILY DWELLING DISTRICT 2—
PERMITTED USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Residential facilities licensed by the State, serving sixteen (16) or fewer
persons
T2. SECTION 21380.05 (RMF -2, MULTIPLE FAMILY DWELLING DISTRICT 2—
ACCESSORY USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
T3. SECTION 21380.07 (RMF -2, MULTIPLE FAMILY DWELLING DISTRICT 2—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21380.07. CONDITIONAL USES: The following are conditional uses allowed in the
RMF -2 District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
(82)
Formatted: Font: Times New Roman, 8 pt
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an publie-existing structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Day care facilities not within a residential dwelling, as an accessory use
provided that:
(a) T- the use complies with the previsiens ef-Section 21150 of this Chapter.
Subd. 3. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools.
Subd. 4. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that.
equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 6. Manufactured home parks (mobile home parks) subject to the standards
and conditions contained in Section 21190.03 of this Chapter.
Subd. 7. Parks and recreational areas owned or operated by public agencies other
than the City of Plymouth.
Subd. 8. Recreational fields -facilities (outdoor) including golf courses
poets-, and similar facilities, and directly related buildings and structures.
Subd. n, Reefeati, nal stFu,.tufes d budding, (private) ineludin..these f r golf
swimming,tennis and leeeAed eH the premises ef elubs, seheels,
and plaaes of worship.
Subd. 4-09. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 1410. Residential care facilities such as nursing homes, assisted living facilities
and similar facilities (excludes hospitals, sanitariums or similar institutions), provided that:
(a) Such uses shall be located along arterial or major collector roadways.
(83)
(b) Parking areas shall be screened in accordance with Section 21130.03, Subd. 1 (a)
of this Chapter.
(c) Loading areas shall be screened in accordance with Section 21135.14, Subd. 3 of
this Chapter.
(d) Buildings shall not exceed two stories in height.
(e) Buildings shall maintain a high standard of architectural and aesthetic
compatibility with surrounding properties.
Subd. 1411. Residential facilities licensed by the State, serving more than sixteen (16)
persons.
Subd. 1312. Residential shelters, in accordance with Section 21190.02 of this Chapter.
Subd. 13. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within the C-1 District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(.fj No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 14. Single—family detached dwellings.
Subd. 15. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
(84)
Subd. 16. Social services or other activities which are not directly worship related as
an accessory use within religious institutional buildings.
T4. SECTION 21380.09 (RMF -2, MULTIPLE FAMILY DWELLING DISTRICT 2—
INTERIM USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfilling and land excavation/grading operations; exeept fexcludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
T5. SECTION 21380.11 (RMF -2, MULTIPLE FAMILY DWELLING DISTRICT 2—USES
BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21380.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the RMF -2 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an publie -existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 54. Model homes, temporary, as regulated by Section 21165 of this Chapter.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators for non-residential uses; and outdoor equipment uses for dispensing
fuels to vehicles or containers used in conjunction with an approved principal use, but not for
sale, Such features
(85)
shall be limited to gasoline, diesel, naturalag s, or propane. For non-residential uses, such
features located less than two hundred (200) feet from residentially guided or zoned property
shall require approval of a site plan (or site plan amendment) for a major project, pursuant to
Section 21045.05 of this Chapter. All other such features shall be subject to approval by
administrative permit, provided the following criteria are met:
(a) The design construction, and location of any such features shall comply with
State and City codes including appropriate National Fire Protection Association
standards Minnesota State Fire Code requirements, and manufacturer's specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing and
landscaping related to safety or screening_
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles fire lanes utility easements, or required building ingress or egress points.
(e,) No signage shall be permitted, other than required safety information, product
identification product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, andsymbols.
Subd. -76. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 87. Temporary structures, as regulated by Section 21167 of this Chapter.
T6. SECTION 21380.13 (RMF -2, . MULTIPLE FAMILY DWELLING DISTRICT 2—
AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21380.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the RMF -2 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(86)
Area Area Lot Width
Minimum Minimum a (feet
1 acre SF (b) 5,000 1 SF (b)
sq. ft.
Lot Area Structural
Per Unit Coverage i
45 SF (b) 5,000 Resi-
sq. ft. dential
-uses —
Dwell
9,000
TF (b) -
75
ings
sq. ft.
base lot
>SF -
Front (c) —
50
Prin.Q.
base
40°/ Res. uses -
Bldg.
lot
arterial street
Alen-
1 acre
Dwellings
100
res-
Res. uses -
>TF -
Bldg.
Other
uses
non -arterial
base lot
120 sq.
Alen -res.
200
Other
uses
ft. or less
ings I sq. ft. I resi-dential
>SF Other uses
(a) Special requirements apply for environmental overlay districts - See appropriate text
(b) SF = Single family detached dwelling / TF = Two family dwelling
(c) Applies to each street frontage
(d) Setbacks apply to base lot or public rights-of-way
(87)
Minimum
Maximum
Setbacks
Building
feet a d
Height
Front (c) —
50
Prin.Q.
35 -ft
40°/ Res. uses -
Bldg.
feet
arterial street
50% Front (c) —
25
Ace.
10
Res. uses -
Bldg.
feet
non -arterial
120 sq.
street
ft. or less
Front (c) —
50
Ace.
15
Alen-rea:
Bldg.
feet
Other uses
over 120
��.
Dwelling
50
rin i -----
-----
-------- Formatted: Font: Times New Roman, 8 pt
structure to
railroad
Formatted: Font: Times New Roman, 8 pt
right-of-way
sy? Side—living
8
(,
sx: area of
aMrt`
SF/TF
6(d'f
Side —
6
attached
garage area
' of SFfrF
Side—
16
Biu
betweeni
SFiTF
structures
Side—
25
Dwellings
>TF and
Alen-ra4
Other uses
Side—
25
between res.
structures
>TF
Side—
6
6Detached
accessory
uses
Rear —
25
now — Yv
between res.
structures I
Rear— 40
Nen res,
QtheLuses
Rear — 6
9Detached
accessory
-rater -
s------- -------- -a ----------
1 Formatted: Font: Times New Roman, 8
areater separation in some cases.
U. SECTION 21385.03 (RMF -3, MULTIPLE FAMILY DWELLING DISTRICT 3—
PERMITTED USES), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
U1. SECTION 21385.03 (RMF -3, MULTIPLE FAMILY DWELLING DISTRICT 3—
PERMITTED USES), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS:
Subd. 6. Residential facilities licensed by the State, serving sixteen (16) or fewer
persons
U2. SECTION 21385.05 (RMF -3, MULTIPLE FAMILY DWELLING DISTRICT 3—
ACCESSORY USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
U3. SECTION 21385.07 (RMF -3, MULTIPLE FAMILY DWELLING DISTRICT 3—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21385.07. CONDITIONAL USES: The following are conditional uses allowed in the
RMF -3 District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an publie existing structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Day care facilities not within a residential dwelling, as an accessory use
provided that --
(a) the use complies with the -proms of -Section 21150 of this Chapter.
Subd. 3. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools.
(88)
Subd. 4. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that.
(a —R equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 6. Manufactured home parks (mobile home parks) subject to the standards
and conditions contained in Section 21190.03 of this Chapter.
Subd. 7. Parks and recreational areas owned or operated by public agencies other
than the City of Plymouth.
Subd. 8. Recreational fields facilities (outdoor) including golf courses
peels; and similar facilities, and directly related buildings and structures.
,
Subd. 409. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 4-1-10. Residential care facilities such as nursing homes, assisted living facilities
and similar facilities (excluding hospitals, sanitariums or similar institutions), provided that:
(a) Such uses shall be located along arterial or major collector roadways.
(b) Parking spaces shall be screened in accordance with Section 21130.03, Subd. 1 (a)
of this Chapter.
(c) Loading areas shall be screened in accordance with Section 21135.14, Subd. 3 of
this Chapter.
(ed) Buildings shall not exceed two stories in height.
(e) Buildings shall maintain a high standard of architectural and aesthetic
compatibility with surrounding properties.
Subd. 4311. Residential facilities licensed by the State, serving more than sixteen (16)
persons.
(89)
Subd. 1312. Residential shelters, in accordance with Section 21190.02 of this Chapter.
Subd. 13. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within the C-1 District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(fl No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building_
(g) No signs or posters of any type advertising_ products for sale or services shall be
visible from the outside of the building.
Subd. 14. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
Subd. 15. Social services or other activities which are not directly worship related as
an accessory use within religious institutional buildings.
U4. SECTION 21385.09 (RMF -3, MULTIPLE FAMILY DWELLING DISTRICT 3—
INTERIM USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfilling and land excavation/grading operations; exeept (excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
(90)
U5. SECTION 21385.11 (RMF-3, MULTIPLE FAMILY DWELLING DISTRICT 3—USES
BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21385.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the RMF-3 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an publie structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit &em the City Engi.00. as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 54. Model homes, temporary, as regulated by Section 21165 of this Chapter.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators for non-residential uses; and outdoor equipment uses for dispensing
fuels to vehicles or containers used in conjunction with an approved principal use, but not for
sale, Such features
shall be limited to gasoline, diesel, naturalag s, or propane. For non-residential uses, such
features located less than two hundred (200) feet from residentially guided or zoned property
shall require approval of a site plan (or site plan amendment) for a major project, pursuant to
Section 21045.05 of this Chapter. All other such features shall be subject to approval by
administrative permit, provided the following criteria are met:
(a) The design, construction, and location of any such features shall comply with
State and City codes including appropriate National Fire Protection Association
standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
(91)
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing and
landscaping related to safety or screening.
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress or a rg ess points.
(e) No signage shall be permitted, other than required safety information, product
identification product hazards and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
Subd. -76. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 87, Temporary structures, as regulated by Section 21167 of this Chapter.
(92)
U6. SECTION 21385.13 (RMF -3, MULTIPLE FAMILY DWELLING DISTRICT 3—
AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21385.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimufn requirements shall be observed in the RMF -3 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(93)
V. SECTION 21390.03 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4—
PERMITTED USES), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Essential services; not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
VI. SECTION 21390.05 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4—
ACCESSORY USES), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS:
Subd. 6. Day care facilities licensed under Minnesota Rules, parts 9502.0300 to
9502.0445 serving fourteen 14) or fewer persons in a residential dwelling unit, or as otherwise
permitted by law.
V2. SECTION 21390.07 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21390.07. CONDITIONAL USES: The following are conditional uses allowed in the
RMF -4 District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and
criteria which may be cited below for respective conditional uses, each request for a conditional
use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an pubIis-existing structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Buildings in excess of height limitations as specified in Section 21390.13
of this Chapter, provided that:
(94)
(a) For each additional five (5) feet in fee€ -height as ea4etilated by the Minnesota
SWe Building Cede, whieh is above the maximum building height allowed by -the -area
specified in this district, the front and side
yard setback requirements shall be increased by one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 3 Day care facilities not within a residential dwelling, as an accessory use
provided that --
(a) T
hat:(a)—'l= the use complies with the pfevlsiens a Section 21150 of this Chapter.
Subd. 4. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools.
Subd. 5. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 6. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) E equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 7. Manufactured home parks (mobile home parks) subject to the standards
and conditions contained in Section 21190.03 of this Chapter.
Subd. 8. Parks and recreational areas owned or operated by public agencies other
than the City of Plymouth.
Subd. 9. Recreational fields rfacilitigs (outdoor) including golf courses
pool&, and similar facilities, and directly related buildings and structures.
Subd. 10. nee_e..tien,.l st_..et.._es and building, (p fi ,ete) ineluding these f go*,
tennis and swimming, leeated on the premisesof e1ubs seheels and nleees a fwer-shi«
Subd. 1410. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 4311. Residential facilities licensed by the State, serving more than sixteen (16)
persons
(95)
Subd. 4312. Residential shelters, in accordance with Section 21190.02 of this Chapter.
Subd. 13. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within the C-1 District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 14. Single satellite dish TVROs greater than one (1) meter in diameter, as
regulated by Section 21175 of this Chapter.
Subd. 15. Social services or other activities which are not directly worship related as
an accessory use within religious institutional buildings.
V3. SECTION 21390.09 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4—
INTERIM USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfilling and land excavation/grading operations; e3ceept .(excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
(96)
V4. SECTION 21390.11 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4—USES
BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21390.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the RMF -4 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an die existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit as provided
by Section 21160 of this Chapter,
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 54. Model homes, temporary, as regulated by Section 21165 of this Chapter.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators for non-residential uses; and outdoor equipment uses for dispensing
fuels to vehicles or containers used in conjunction with an approved principal use, but not for
sale, subjeet to the same eenditiens as allewed fef sueh uses in the 6 1 Distri . Such features
shall be limited to gasoline, diesel, naturalag s, or propane. For non-residential uses, such
features located less than two hundred (200) feet from residentially guided or zoned property
shall require approval of a site plan (or site plan amendment) for a major project, pursuant to
Section 21045.05 of this Chapter. All other such features shall be subject to approval by
administrative permit, provided the following criteria are met:
(a) The design, construction, and location of any such features shall comply with
State and City codes including appropriate National Fire Protection Association
standards. Minnesota State Fire Code requirements, and manufacturer's specifications.
(97)
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing, to scale, the location of such features including any fencing and
landscaping related to safety or screening,
(c) To assure that fire hose streams can be directed onto such features with minimal
obstruction, solid wall enclosures shall not be used.
(d) Such features shall be located so as not to obstruct approved parking spaces, drive
aisles, fire lanes, utility easements, or required building ingress oregress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
Subd. -76. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 87. Temporary structures, as regulated by Section 21167 of this Chapter.
V5. SECTION 21390.13 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4—
AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21390.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in the RMF -4 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
(98)
District
Lot
Minimum
Minimum
Maximum
Minimum
Maximum
Area
Area
Lot Width
Lot Area
Structural
Setbacks
Building
Minimum
Minimum
feet
Per Unit
Coverage a
feet a d
Height
1 acre
TF (b)
10,000
TF (b) -
75
TF (b)
5,000
Resi-
Front (c) -
50
Pring.
45
sq. ft.
base lot
sq. ft.
dential
40%
Res. uses -
Bldg.
feet
base
Umses_
arterial street
lot
¢a&g lol
Dwell
15,000
Dwellings
130
Dwel-
2,178
Non
50%
Front (c) -
25
Arc.
10
--
ings
sq. ft.
>TF -
lings
sq. ft.
Rear
Res. uses -
Bldg.
feet
>TF -
base lot
>TF
dential
non-arterial
120
base
Otherusea
street
sq. ft.
lot
or less
'
Alen-
1 acre
Other
200
-
Front (c) -
50
Acc.
15
res-
Uses
Nea-res--Other
Bldg.
feet
Qlhff
uses
over
uses
_.
!`
120
1
ft.
Dwelling
So
(`PfinciRal
structure to
railroad right-
of-way
k
Side-
10
TF dwellings
Side-
20
between TF
structures e
Side-
��
Dwellings>TF
i�Alen-res-
Other uses
Side-
25
=
between res.
-
sWctures >TF
e
Side-
6
dDetached
r
acc -ries
„ v;
Res. uses
Rear -
40
za � S " �
u„,
a
between res.
-
�'
structures e
uses
-
;.
(a) Special requirements apply for environmental overlay districts - See appropriate text
(b) TF = Two family dwelling
(c) Applies to each street frontage
(d) Setbacks apply to base lot or public rights-of-way
(99)
Formatted: Centered
Formatted: Centered
Formatted: Centered
W. SECTION 21450.03 (O, OFFICE DISTRICT—PERMITTED USES), SUBD. 5 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 5. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
WI. SECTION 21450.03 (O, OFFICE DISTRICT—PERMITTED USES), SUBD. 8 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 8. Private clubs and ledges -L- y serve food and bevera----------------- Z_
W2. SECTION 21450.03 (O, OFFICE DISTRICT—PERMITTED USES), SUBD. 11 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 11. Retail commercial activities limited to those listed as permitted or
permitted accessory uses within a -the C-1 Zoning District.
W3. SECTION 21450.07 (O, OFFICE DISTRICT—CONDITIONAL USES) IS HEREBY
AMENDED AS FOLLOWS:
21450.07. CONDITIONAL USES: The following are conditional uses allowed in the O
District and require a conditional use permit based upon procedures set forth in and regulated by
Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit
shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5
and 21015.04 of this Chapter. (Amended by Ord. No. 2002-02, 01/22/02)
Subd. 1. Antennas not located gpon an pubIie-existine structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Banks,sayings and , redit unions and other financial institutions
(excluding currency exchanges) with drive -up tellers.
Subd. 3. Buildings in excess of height limitations as specified in the are
requirements
and .,..tmetion limit....optio.,
of this ,,:..._".* Section 21450.13 of this Chapter,
provided that:
(a) For each additional five (5) feet in feaf-height as ealeulmed by the Minneseta
State Building Code, above the maximum building height allewed by the -area
specified in this district, the front and side
yard setback requirements shall be increased by one (1) foot.
(100)
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 4. Convenience Ggrocery Mmarkets with Pprepared Sfood and/or Mmotor
Ffuel Ssales (no vehicle service or repair), provided that:
(a) Convenience/deli food is of the take-out type only and that no provision for
seating or consumption on the premises is provided. Furthermore, that the enclosed area
devoted to such activity, use and merchandise shall not exceed fifteen (15) percent of the
gross floor area.
(b) The storage, preparation and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon the applicable State and County regulations.
(c) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use permit.
Outdoor display of merchandise shall be allowed by administrative permit, pursuant to
Section 21450.11, Subd. 65 of this Chapter.
(d) The off-street loading space(s) and building access for delivery of goods shall be
separate from customer parking and entrances and shall not cause conflicts with customer
vehicles and pedestrian movements.
(e) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless extended
by the Council as part of the conditional use permit.
(f) Motor fuel facilities shall be installed in accordance with State and City standards.
Additionally, adequate space shall be provided to access gas pumps and to allow
maneuverability around the pumps. Underground fuel storage tanks are to be positioned
to allow adequate access by motor fuel transports and unloading operations which do not
conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
(g) A protective canopy located over pump islands may be an accessory structure on
the property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained.
(h) All canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded. Illumination levels for pump islands shall comply with Section 21105.06 of this
Chapter.
(i) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
(101)
(Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2006-04, 02/07/06)
Subd. 5. Day care facilities as a principal or accessory use, provided *W
----------------------------------------------
W�
Formatted: Font: Times New Roman, Not Bold
-------------------------------------------------- —------------ -------- ----------------
--
—
k -I The a use complies with the previsiexi of -Section 21150 of this Chapter.
Subd. 6. Educational facilities including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools. (Amended by Ord.
No. 99-15, 05/18/99) (Amended by Ord. No. 2008-09, 03/25/08)
Subd. 7. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 8. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that.
equipment is completely enclosed in a permanent structure with no outside storage. (Amended by
Ord. No. 2004-02, 01/13/04)
Subd. 9. Extended Sstay Hhotels without restaurants provided that:
(a) More than fifty (50) percent of the rooms shall have cooking facilities.
(b) Accessory restaurants, reception halls, cocktail lounges, and conference centers
shall be prohibited.
(c) All signage shall be compatible with surrounding residential and business uses.
Subd. 10. Special Eevent and C -catering Rrestaurants, provided that:
(a) No drive-through window service shall be provided.
(b) The storage, preparation, and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements
based upon applicable State and County regulations.
(c) The use will not conflict with existing or potential neighboring uses.
(d) The use will not adversely impact the existing level of service on streets and
intersections.
(102)
W4. SECTION 21450.09 (O, OFFICE DISTRICT—INTERIM USES), SUDB. 1 IS HEREBY
AMENDED AS FOLLOWS:
Subd. 1. Landfilling and land excavation/grading operations net ineluding
excludes mining operations) involving; over 1,000 cubic yards, as regulated by Section 21185 of
this Chapter.
W5. SECTION 21450.11 (O, OFFICE DISTRICT—USES BY ADMINISTRATIVE
PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21450.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the O District by administrative permit as may
be issued by the Zoning Administrator: (Amended by Ord. No. 2002-02, 01/22/02)
Subd. 1. Antennas located upon an existing structure or existing tower, as regulated
by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit ftem the Gity Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd 4 Other uses of the same general character as those listed as a permitted use. _, -----f Formatted: Font: Times New Roman, sold
in this district.
Subd. 65. Outdoor display (permanent) of seasonal or convenience items (e.g.,
windshield washer fluid, softener salute) as an accessory use in association with a convenience
grocery market with prepared food and/or motor fuel sales, provided that:
(a) The area so occupied shall not exceed ten (10) percent of the gross floor area of
the principal building or fifty (50) square feet, whichever is less.
(103)
(b) No display of merchandise shall occur within the required front, rear, or side
yards.
(c) Such outdoor display of merchandise shall be limited to the area of customer
entrances or within pump islands.
(d) Such outdoor display of merchandise shall not exceed five (5) feet in height.
(e) Such outdoor display area shall be included in the calculations for parking spaces
required for the use and shall not occupy spaces required for parking as regulated by
Section 21135 of this Chapter, except as may be exempted for cause by the Zoning
Administrator.
Sub d. -76. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria: (Amended by Ord. No. 2001-06, 02/13/01)
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
spesifieat standards, Minnesota State Fire Code requirements, and manufacturer's
specifications. (Amended by Ord. No. 2008-09, 03/25/08)
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Solid wail enelestires sheuld met be used to assure theit fiFe hese streams ean be
,tree,.° ,ate s eh ° atwe- • ith Fn al ebstm etien To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
section, "signage" includes words, graphics, logos, and symbols.
(104)
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
(Amended by Ord. No. 2007-05, 01/23/07)
Sura o Real estate
eFfiee-. temp as - .te+ed b ce..r:. 21165 of thi
Subd.97. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 488. Temporary structures, as regulated by Section 21167 of this Chapter.
W6. SECTION 21450.13 (O, OFFICE DISTRICT—AREA REQUIREMENTS AND
CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED AS FOLLOWS:
21450.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following tninimum-requirements shall be observed in the O District subject to additional
requirements, exceptions and modifications set forth in this Chapter.
District
Lot
Minimum
Minimum
Maximum
Minimum
Maximum
Area
Area
Lot Width
Lot Area
Structural
Setbacks
Building
Minimum
Minimum
(feet)
Per Unit
Coverage (a)
(feet)
Height
a
1 acre
Res.idextial
Residential Uses
Princ.
35-9
uses 40%
Bldg.
feet
Res.
15,000
Res.
130
Res.
2,178
filen 50%
Front-
50
Acc.
15-9
uses
sq. ft.
uses
uses
sq. ft.
residential
dDwelling
Bldg.
feet
Other uses
abutting
arterial
street b
Other
1 acre
Other
200
Front-
25
uses
Uses
d
Qwelling
abutting
non-
:.,
arterial
street (b)
Formatted Table
X. SECTION 21455.03 (C-1, CONVENIENCE COMMERCIAL DISTRICT—
PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS:
21455.03. PERMITTED USES: The following are permitted uses in the C-1 District:
Subd. 1. Beauty salons and day spas.
Subd. 2. Bus/transit stations or terminals without vehicle storage.
Subd. 3. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
regulated by Seefien 2117-5 ef this Ghaptefz
Subd. 54. Convenience grocery markets ( without motor
fuel facilities or delicatessen food service).
Subd. 6.5. Copy/printing services excludes printing presses --of
and publishing facilities).
Subd. -76. Delicatessens/coffee houses without drive-through service.
Subd. 87. Dry cleaning pick up and laundry pick up stations including incidental
repair and assembly but not including processing.
(106)
Subd. 98. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 409. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 11 Leeksmiths,
Subd. •1310. Offices, administrative/commercial (excludes offices/clinics for medical,
dental, or chiropractic services).
Subd. 4.311. Prepared food: delivery and/or take-out only, no interior seating.
Subd. 4412. Sexually oriented businesses - accessory (as regulated by Section 21195 of
this Chapter).
Subd. 4313. Shoe repair.
Subd. 4614. Tailoring services.
Subd. 4-715. Tanning salons.
Subd. 481616. Therapeutic massage.
X1. SECTION 21455.05 (C-1, CONVENIENCE COMMERCIAL DISTRICT—
ACCESSORY USES) IS HEREBY AMENDED AS FOLLOWS:
21455.05. ACCESSORY USES: The following are permitted accessory uses in the C-1
District:
Subd. -21. G^.-,_,e_eial er business Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Section 21135 of
this Chapter, but not including parking of semi -trailers or semi -trailer trucks.
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 6. Signs, as regulated by Section 21155 of this Chapter.
(107)
X2. SECTION 21455.07 (C-1, CONVENIENCE COMMERCIAL DISTRICT—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21455.07. CONDITIONAL USES: The following are conditional uses in a–the C-1
District and require a conditional use permit based upon procedures set forth in and regulated by
Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit
shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5
and 21015.04 of this Chapter.
Subd. 1. Antennas not located upon an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Convenience Ggrocery Mmarkets with IPprepared Efood and/or Mmotor
Pfuel $sales with Aaccessory Ecar Wwash (no vehicle service or repair), provided that:
(a) Convenience/deli food is of the take-out type only and that no provision for
seating or consumption on the premises is provided. Furthermore, that the enclosed area
devoted to such activity, use and merchandise shall not exceed fifteen (15) percent of the
gross floor area.
(b) The storage, preparation and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon the applicable State and County regulations.
(c) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use permit.
Outdoor display of merchandise shall be allowed by administrative permit, pursuant to
Section 21455.11, Subd. 5 of this Chapter. (Amended by Ord. No. 2006-04, 02/07/06)
(d) The off-street loading space(s) and building access for delivery of goods shall be
separate from customer parking and entrances and shall not cause conflicts with customer
vehicles and pedestrian movements.
(e) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless extended
by the Council as part of the conditional use permit.
(f) Motor fuel facilities shall be installed in accordance with State and City standards.
Additionally, adequate space shall be provided to access gas pumps and to allow
maneuverability around the pumps. Underground fuel storage tanks are to be positioned
to allow adequate access by motor fuel transports and unloading operations which do not
conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
(108)
(g) A protective canopy located over pump islands may be an accessory structure on
the property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained.
(h) All canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded. Illumination levels for pump islands shall comply with Section 21105.06 of this
Chapter. (Amended by Ord. No. 2004-30, 11/23/04) (Amended by Ord. No. 2006-04,
02/07/06)
(i) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
0) All pumps and any related canopy shall be set back at least three hundred (300)
feet from residentially zoned or guided property, unless screened by an intervening
building or located across an arterial or major collector roadway from residentially zoned
or guided property. (Amended by Ord. No. 2008-09, 03/25/08)
(k) Accessory Car WashNacuums.
(1) No more than one car wash bay shall be allowed.
(2) The car wash shall be designed to be an integral part of the principal
building, and may not be a separate freestanding structure.
(3) The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the amount of time
it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces
or traffic circulation.
(4) The exit from the car wash shall have a drainage system which is subject
to the approval of the City and gives special consideration to the prevention of ice
build-up during winter months.
(5) Neither the car wash nor an accessory vacuum shall be located within three
hundred (300) feet of any residentially zoned or guided property, unless
completely screened by an intervening building or located across an arterial or
major collector roadway from residentially zoned or guided property. (Amended
by Ord. No. 2008-09, 03/25/08)
(6) Both the car wash and accessory vacuum shall conform to noise
regulations as defined in Section 21105.10 of this Chapter.
(Amended by Ord. No. 2000-06, 02/29/00 & Ord. No. 2000-23, 06/12/00) (Amended by
Ord. No 2005-08, 05/10/05)
(109)
Subd. 3. pay_care_facilities_as a_principal_or accessory use provided that:
(a)-- The the use complies with the prev-isietsef-Section 21150 of this Chapter.
Subd. 4. Dry cleaners with accessory processing facilities provided that:
(a) The business does not exceed three thousand (3,000) square feet.
(b) The retail portion of the tenant space (including the counter area and clothing
storage) occupies a minimum of twenty-five (25) percent of the total gross floor area of
the building or lease area.
(c) The use generates no or minimal hazardous waste, as determined by Hennepin
County.
(Amended by Ord. No. 2007-13, 06/12/07)
Subd. 5. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Formatted: Font: Times New Roman, Not Bold
Subd. 6. Essential service structures as defined by Section 21005_ of this Chapter) Formatted: Font: Times New Roman, Not Bold
----------------------------------(----------------- --
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that:
equipment is completely enclosed in a permanent structure with no outside storage_ (Amended by
Ord. No. 2004-02, 01/13/04)
F------ Formatted: Bullets and Numbering
Subd. 7. jaundromats,self-service washing -and drying,providedthat_------------------- ______' Formatted: Font: Times New Roman, Not Bold
(a)— The the hours of operation are limited to 7 AM to 10 PM.
(Amended by Ord. No. 2005-08, 05/10/05)
X3. SECTION 21455.09 (C-1, CONVENIENCE COMMERCIAL DISTRICT—INTERIM
USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. `Landfilling_ and land excavation/grading operations__ exeep excludes Y__- Formatted: Font: Times New Roman, Not Bold
mining operations) involving over 1,000 cubic ds� as regulated by Section 21185 of this Formatted: Font: Times New Roman, Not Bold
---------------------------------
Chapter. Formatted: Font: Times New Roman, Not Bold
Formatted: Font: Times New Roman, Not Bold
(110)
X4. SECTION 21455.11 (C-1, CONVENIENCE COMMERCIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21455.11. USES BY ADMINISTRATIVE PERMIT:-&uject to applicable provisions of _ - Formatted: Font: Times New Roman, Not Bold
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a -the C-1 District by administrative permit as
may be issued by the Zoning Administrator; __-_____ __ _____ _ ______ ____ _ _ ----- Formatted: Font: Times New Roman, Bold
Subd. 1. Antennas located_ upon an existing structure or existing tower, as regulated Formatted: Font: Times New Roman, Not Boyd
by Section 21175 of this Chapter.
Subd. 2. Essential &services requiring a permit from the Gity Engineef as provided
by Section 21160 of this Chapter.
Subd. 3. jEssential service structures (as_ defined by Section 21005_ of this Chapter) _.--- Formatted: Font: Times New Roman, Not Bold
-- - - - ----
5) feet in height or twenty (20) square feet in area, necessary for the
that do not exceed five-(
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
mining,ss --- h- d— 4. Landfilling and land e*eavatieWgr-ading eper-atiens, emeept
Subd. 4. Other uses of the same general character as those listed as apermitted use
in this District.
Subd. 5. Outdoor display (permanent) of seasonal or convenience items (e.g.,
windshield washer fluid, softener salt,--ete) as an accessory use in association with an allowed
principal use provided that:
(a) The area so occupied shall not exceed ten (10) percent of the gross floor area of
the principal building or 100 square feet, whichever is less.
(b) No display of merchandise shall occur within the required front, rear, or side
yards.
(c) Such outdoor display of merchandise shall be limited to the area of customer
entrances or within pump islands.
(d) Such outdoor display of merchandise shall not exceed five (5) feet in height.
(e) Such outdoor display area shall be included in the calculations for parking spaces
required for the use and shall not occupy space required for parking as regulated by
Section 21135 of this Chapter, except as may be exempted for cause by the Zoning
Administrator.
(Amended by Ord. No. 2006-04, 02/07/06)
Subd. 6. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria: (Amended by Ord. No. 2000-06, 02/29/00)
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
speei€eatstandards, Minnesota State Fire Code requirements, and manufacturer's
specifications. (Amended by Ord. No. 2008-09, 03/25/08)
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Solid wall a ,.i,...., -e.. ,.heuld net be used to assure that fire hese str-e fas , n be
To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
(Amended by Ord. No. 2007-05, 01/23/07)
(112)
Subd. 87. Temporary mobile towers for personal wireless service antennas, as - - Formatted: Font: Times New Roman, Not Bold
----------------------------------------------- ------
regulated by Section 21175 of this Chapter.
Subd. 98. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(Amended by Ord. No. 2007-05, 01/23/07)
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
(113)
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
d. Sales of fireworks—,as shall also be regulated by Section 1110 of the
City Code. (Amended by Ord. No. 2005-01, 01/11/05) (Amended by Ord.
No. 2008-09, 03/25/08)
(Amended by Ord. No. 2006-04, 02/07/06)
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(114)
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. (Amended by Ord. No. 2005-01, 01/11/05)
(2) Tents, stands, and other similar temporary structures may be-Iized used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi -
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(Amended by Ord. No. 2007-05, 01/23/07)
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one (1) temporary outdoor event or sale shall be allowed------ Formatted: Indent: Leh: 1", First line: o",
given time. Numbered + Level: 1 + Numbering Style: 1, 2,
per rone at an 3, ... + Start at: 1 + Alignment: Left + Aligned
at: 1" + Tab after: 1.5 + Indent at: 1.5', Tab
(Amended by Ord. No. 99-20, 07/20/99) (Amended by Ord. No. 2006-04, 02/07/06) stops: 1", List tab + Not at 1.5
Subd. 449. Temporary structures,, as regulated by Section 21167 of this Chapter___________ ____ Formatted: Font: Times New Roman, Not Bold
(115)
X5. SECTION 21455.13 (C-1, CONVENIENCE COMMERCIAL DISTRICT—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED
AS FOLLOWS:
21455.13 AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimufn requirements shall be observed in the C-1 District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
(116)
Formatted: Centered
Y. SECTION 21460.03 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT
PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS:
21460.03. PERMITTED USES: The following are permitted uses in the C-2 District:
Subd. 1. Amusement centers.
Subd. 32. Art gallery and sales.
Subd. 43. Bakery goods and baking of goods for retail sales on the premises.
Subd. 54. Banks, credit unions, and other financial institutions, (excluding currency
exchanges) with or without drive up tellers.
Subd. 65. Beauty salons and day spas.
Subd. 46. Bicycle sales and repair.
Subd. 87. Book, school supply and art, or stationary stores containing less than five
thousand (5,000) square feet of gross floor area.
Subd. 98. Bus/transit stations or terminals without vehicle storage.
Subd. 4$9. Camera and photographic supplies, sales and film processing.
Subd. 4410. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
Subd. 4311. Convenience grocery markets ( without motor
fuel facilities or delicatessen food service).
Subd. -1412. Copy/printing services but net ineladieg excludes printing presses --of
newspaper and publishing facilities).
Subd. 4313. Delicatessens/coffee houses without drive-through service.
Subd. 4-614. Dry cleaning; pick up and laundry pick up stations including incidental
repair and assembly but not including processing.
Subd. -P15. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 4816. Florist shops.
Subd. 191 Frew feed retail, but net : ..1,,.1:ng a leeker plant
•Subd. 2017. Furniture stores containing less than five thousand (5,000) square feet of
gross floor area.
Subd. 2.1.18. Gift or novelty stores.
Subd. 2.219. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 2320. Hardware stores.
Subd. 2.421. Hobby and craft stores.
Subd. 2322. Liquor, off sale, pursuant to the required liquor license.
Subd. 2623. Locksmiths.
Subd. 2.724. Meat markets, but not including processing for a locker plant.
Subd. 2825. Offices, administrative/commercial.
(117)
Subd. 3926. Offices/clinics for medical, dental, or chiropractic services.
Subd. 3027. Paint and wallpaper sales.
Subd. a128. Pharmacies.
Subd. 3329. Plumbing, television, radio, electrical sales and sueli–related accessory
repair, .
Subd. 3330. Prepared food: delivery and/or take out only, no interior seating.
Subd. 3431. Recreation, personal fitness (defined as containing less than 3,000 square
feet of floor area).
Subd. 3832. Sexually oriented businesses – accessory (as regulated by Section 21195 of
this Chapter).
Subd. 3633. Shoe repair.
Subd. 3734. Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
Subd. 3835. Studios - artist, dance, decorating, music, portrait photography,–ets and------" Formatted: Indent: Left: 0", Hanging: 0.5"
similar uses.
Subd. 3936. Tailoring services.
Subd. 4937. Tanning salons.
Subd. 4138. Therapeutic massage.
Subd. 4339. Tobacco shops.
Subd. 4340. Variety stores and stores of similar nature.
Subd. 4441. Veterinary clinics and related indoor kennel; and pet sales, supplies and
grooming.
Subd. 4542. Video rental and sales.
Y1. SECTION 21460.05 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—
ACCESSORY USES) IS HEREBY AMENDED AS FOLLOWS:
21460.05. ACCESSORY USES: The following are permitted accessory uses in the C-2
District:
Subd. 31. Gemmefeial e- business Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Section 21135 of
this Chapter, but not including parking of semi -trailers or semi -trailer trucks.
(118)
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 6. Signs, as regulated by Section 21155 of this Chapter.
Y2. SECTION 21460.07 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21460.07. CONDITIONAL USES: The following are conditional uses in the C-2 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
Subd. 1. Antennas not located upon an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Convenience (grocery Mmarkets with -?prepared Ffood and/or Mmotor
Ffuel Ssales with Aaccessory Ggar Wwash (no vehicle service or repair), provided that:
(a) Convenience/deli food is of the take-out type only and that no provision for
seating or consumption on the premises is provided. Furthermore, that the enclosed area
devoted to such activity, use and merchandise shall not exceed fifteen (15) percent of the
gross floor area.
(b) The storage, preparation and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon the applicable State and County regulations.
(c) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use permit.
Outdoor display of merchandise shall be allowed by administrative permit, pursuant to
Section 21460.11, Subd. 65 of this Chapter.
(d) The off-street loading space(s) and building access for delivery of goods shall be
separate from customer parking and entrances and shall not cause conflicts with customer
vehicles and pedestrian movements.
(e) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless extended
by the Council as part of the conditional use permit.
(119)
(f) Motor fuel facilities shall be installed in accordance with State and City standards.
Additionally, adequate space shall be provided to access gas pumps and to allow
maneuverability around the pumps. Underground fuel storage tanks are to be positioned
to allow adequate access by motor fuel transports and unloading operations which do not
conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
(g) A protective canopy located over pump islands may be an accessory structure on
the property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained.
(h) All canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded. Illumination levels for pump islands shall comply with Section 21105.06 of this
Chapter.
(i) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
0) All pumps and any related canopy shall be set back at least three hundred (300)
feet from residentially zoned or guided property, unless screened by an intervening
building or located across an arterial or major collector roadway from residentially zoned
or guided property.
(k) Accessory Car WashNacuums.
(1) No more than one car wash bay shall be allowed.
(2) The car wash shall be designed to be an integral part of the principal
building, and may not be a separate freestanding structure.
(3) The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the amount of time
it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces
or traffic circulation.
(4) The exit from the car wash shall have a drainage system which is subject
to the approval of the City and gives special consideration to the prevention of ice
build-up during winter months.
(5) Neither the car wash nor an accessory vacuum shall be located within three
hundred (300) feet of any residentially zoned or guided property, unless
completely screened by an intervening building or located across an arterial or
major collector roadway from residentially zoned or guided property.
(120)
(6) Both the car wash and accessory vacuum shall conform to noise
regulations as defined in Section 21105.10 of this Chapter.
Subd. 3. Day care facilities as a principal or accessory use, provided that the use
complies with Section 21150 of this Chapter.
Subd. 4. Drive through service windows accessory to permitted uses, provided that:
(a) The drive through service window is in compliance with the performance
standards stipulated in Section 21120.09 of this Chapter, unless further restricted by this
Section.
(b) Residential properties shall be screened from vehicle lights in the stacking area.
(c) The hours of operation are limited to 7:00 AM to 10:00 PM, unless extended by
the City Council as part of the conditional use permit.
Subd. 5. Dry cleaners with accessory processing facilities provided that:
(a) The business does not exceed three thousand (3,000) square feet.
(b) The retail portion of the tenant space (including the counter area and clothing
storage) occupies a minimum of twenty-five (25) percent of the total gross floor area of
the building or lease area.
(c) The use generates no or minimal hazardous waste, as determined by Hennepin
County.
Subd. 6. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 7. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that.
equipment is completely enclosed in a permanent structure with no
outside storage.
Subd. 8. Grocery, supermarkets, provided that:
(a) The loading area is in compliance with Section 21135.14.
(b) The hours of operation are 6:00 AM to 11:00 PM, unless extended by the City
Council as part of the conditional use permit.
(121)
(c) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections.
(d) All elements of the use, including mechanical equipment, shall comply with the
noise regulations established by Section 21105.10 of this Chapter.
Subd. 9. Laundromats, self-service washing and drying, provided that:
(a) the hours of operation are limited to 7:00 AM to 10:00 PM.
Subd. 10. Parking ramps as an accessory use.
Subd. 11. Religious we institutions such as churches, chapels, temples,
synagogues, and mosques provided that:
(a) The space uti-l4e&for such activities is shared with another use allowed within
this district or occupies no more than twenty (20) percent of a multi -tenant shopping
center.
(b) Activities shall be limited to worship services and directly related social events.
Subd. 12. Restaurants internal to a multi -tenant shopping center, provided that:
(a) The use will not conflict with existing or potential neighboring uses.
(b) The storage, preparation, and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon the applicable State and County regulations.
(c) No drive-through service windows are allowed.
(d) Liquor service/sales shall be prohibited if the business is located within one
hundred fifty (150) feet from a residential dwelling.
Subd. 13. Trade schools:, .
Subd. 14. Tutoringftaming centers.
Y3. SECTION 21460.09 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—INTERIM
USES) IS HEREBY AMENDED AS FOLLOWS:
21460.09. INTERIM USES: Subject to the applicable provisions of this Section, the
following are interim uses in the C-2 District and are governed by Section 21020 of this Chapter.
(122)
Formatted: Font: Times New Roman, Bold
Subd.21. Seaseuftl—Farmer's Mmarkets and Rproduce Ssales, seasonal, provided
such products are sold directly to the consumer, subject to the following:
(a) Products shall be limited to produce, vegetables, flowers, plants, and similar
items.
(b) Sales activities may be conducted within a required yard provided the area is
paved and the activity does not interfere with parking, traffic circulation or emergency
vehicle access. Temporary sales on unpaved landscaped areas are prohibited.
(c) Tents, stands, and other similar temporary structures may be•��ed used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the City Council that they will not impair the parking capacity, emergency
access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the
site.
(d) The submitted plan shall clearly demonstrate that adequate off-street parking for
the proposed event can and will be provided for the duration of the event. Determination
of compliance with this requirement shall include an analysis of the nature of the event
and the applicable parking requirements of Section 21135. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi-tenant
buildings. Parking on public right-of-way and streets is prohibited; except that parking
on local streets may be allowed on Saturday and Sunday only, provided that the petitioner
arranges for traffic control by authorized enforcement officers, as approved in writing by
the Police Chief, at the petitioner's expense. (Amended by Ord. No 2007-05, 01/23/07)
(e) Signage related to the event shall be in compliance with the temporary sign
standards of Section 21155 and shall be allowed for the duration of the event. Special
signage for purposes of traffic direction and control may be authorized by the Zoning
Administrator; the erection and removal of such signage shall be the responsibility of the
applicant.
(f) The maximum time for sales activities shall be the period specified in the interim
use permit and, in no case, shall exceed eight (8) months per calendar year per property.
(g) All stands, equipment, signs, and other structures shall be removed on the last day
of the sales event.
(h) The approved permit shall be displayed on the premises for the duration of the
event.
(123)
(i) The submittal requirements of Section 21025.02, Subd. 2:, shall be provided with
the interim use permit application.
Subd. 2. Landfilling and land excavation/grading operations (excludes mining
operations) involving over 1,000 cubic yards, as regulatedby Section 21185 of this Chapter.
Y4. SECTION 21460.11 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21460.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the C-2 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or existin tower, as regulated
by Section 21175 of this Chapter.
Subd. 2. Essential Sservices requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) ssguare feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 64. Other uses of the same general character as those listed as a permitted use
in this District.
Subd. 65. Outdoor display (permanent) of seasonal or convenience items (e.g.,
windshield washer fluid, softener salt,—ete-) as an accessory use in association with an allowed
principal use provided that:
(a) The area so occupied shall not exceed ten (10) percent of the gross floor area of
the principal building or one hundred (100) square feet, whichever is less.
(124)
(b) No display of merchandise shall occur within the required front, rear, or side
yards.
(c) Such outdoor display of merchandise shall be limited to the area of customer
entrances or within pump islands.
(d) Such outdoor display of merchandise shall not exceed five (5) feet in height.
(e) Such outdoor display area shall be included in the calculations for parking spaces
required for the use and shall not occupy space required for parking as regulated by
Section 21135 of this Chapter, except as may be exempted for cause by the Zoning
Administrator.
Subd. -76. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
speei€teatiens standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Selid wall enelesums sheuld not be used te assury that fire hese streams ean be-
direeted
To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
section, "signage" includes words, graphics, logos, and symbols.
(125)
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd.87. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 98. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
(126)
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
d. Sales of fireworks -,es shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(127)
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may bei used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi-
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one (1) temporary outdoor event or sale shall be allowed
ner nronertv at anv eiven time.
Subd. 4-09. Temporary structures, as regulated by Section 21167 of this Chapter.
(128)
Y5. SECTION 21460.13 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED
AS FOLLOWS:
21460.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the C-2 District, subject to additional requirements,
exceptions, and modifications set forth in this Chapter.
District Lot
Minimum
Minimum
Maximum
Minimum
Maximum
Area Area
Lot Width
Lot Depth
Structural
Setbacks
Building
Minimum Minimum
(feet)
(feet)
Coverage (a)
(feet)
Height
a
5 acres 1 acre
100
100
50%
Abutting
Pring.
30-R
Residential
Bldg.
feet
District
Front yard
75
Acc.
20 -ft
(b)(c)
Bldjz.
feet.
Side yard
75
,
r
b
mi
Rear yard
b
75
=
Abutting
Non-
Residential
District
x
Front yard 35
c
Side ard- 15
Rear and 15
(a) Special requirements aooly for environmental overlay
districts - see appropriate
text
(b) Where a C-2 District abuts a residential district or is separated from a residential district by a local or minor collector street
c Applies to each street frontage
(129)
-- Formatted: Centered
Z. SECTION 21465.03 (C-3, HIGHWAY COMMERCIAL DISTRICT—PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21465.03. PERMITTED USES: The following are permitted uses in the C-3 District:
Subd. 1. Amusement centers.
Subd. 2. Auto accessory stores (not including service).
Subd. 3. Banks, credit unions, and other financial institutions (excluding currency
exchanges) with or without drive up tellers.
Subd. 4. Beauty salons and day spas.
Subd. 5. Bus/transit stations or terminals without vehicle storage.
Subd. 6. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
FegtileAed by Seetien 21175 ef this Chapter-.
Subd. 87. Commercial recreation, indoor (e.g., bowling alleys, roller rinks, ete.).
Subd. 98. Convenience grocery markets ( without motor
fuel facilities or delicatessen food service).
Subd. 409. Copy/ rin nting services but not ineluding Lexcludes printing presses -of
newspaper. and publishing facilities).
Subd. 4410. Delicatessens/coffee houses without drive-through service.
Subd. 611. Dry cleaning pick up and laundry pick up stations including incidental
repair and-assemWbut not including processing.
Subd. 4-312. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 4413. Furniture stores ivilh containine less than five thousand (5,000) square feel
of gross floor area.
Subd. 4514. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd,, Hotels and motels.
-------------------------------------------------------------------------
Subd. 16. Liquor, on doff sale, pursuant to the required liquor license.
Subd. 17. Locksmiths.
Subd. 10 Metels and hotels
Subd. 4918. Offices, administrative/commercial.
Subd. 2019. Offices/clinics for medical, dental, or chiropractic services.
Subd. 20. Prepared food: delivery and/or take out only, no interior seating_ ____________
Subd. 21. Private clubs of le ma serveing food and beverages).
Subd. 22. Reception halls.
Subd. 23. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 24. Restaurant, defiveFy or- take .
Subd. 2524. Restaurants not of the drive-in, convenience or drive-through type.
Subd. 2625. Sexually oriented businesses --accessory or principal (as regulated b)
Section 21195 of this Chapter).
(130)
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Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bo
W
Formatted: Indent: Left: 0.5"
Subd. 2726. Shoe repair.
Subd. 2527. Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
Subd. 2928. Sports and fitness clubs.
Subd. 3029. Tailoring services.
Subd. "30. Tanning salons.
Subd. 3231. Therapeutic massage.
Subd. 3332. Veterinary clinics and related indoor kennel; and pet sales, supplies and
grooming.
Z1. SECTION 21465.05 (C-3, HIGHWAY COMMERCIAL DISTRICT—ACCESSORY
USES) IS HEREBY AMENDED AS FOLLOWS:
Subd. 1 Aeoesseff
e ineidental and ...te.. ary to the uses listed as ,.mimed
e
eenditienaleinteFim,
Subd. 21. Ge,. me_e:el e- 1-...,:..ess Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. `Off-street parking and off-street loading_as regulated by Sections "moi Formatted: front: Times New Roman, Not Bold
and 21135 of this Chapter, but not including parking and leading -of semi -trailers or semi -trailer
trucks.
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 6. Signs, as regulated by Section 21155 of this Chapter.
Z2. SECTION 21465.07 (C-3, HIGHWAY COMMERICAL DISTRICT --CONDITIONAL
USES) IS HEREBY AMENDED AS FOLLOWS:
21465.07. CONDITIONAL USES: The following are conditional uses in the C-3 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
(131)
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
Subd. 1. Accessory retail, accessory rental, or accessory service activity other than
that allowed as a permitted use or conditional use within this Section, provided that:
(a) Such accessory use is allowed as a permitted use in a commercial district.
(b) Such accessory use does not occupy more than fifty (50) percent of the gross floor
area of its associated principal use, or more than two thousand and five hundred (2,500)
square feet, whichever is less.
(Amended by Ord. No. 2002-32, 11/26/02)
Subd. 2. Antennas not located upon an existing structure or existingtower,__as _---- Formatted: Font: Times New Roman, Not Bold
-------------------- --------------
regulated by Section 21175 of this Chapter.
Subd. 3. Buildings in excess of height limitations as specified in Section 21465.13
of this Chapter, provided that:
(a) For each additional five (5) feet in Fee€ -height, as ealetilated fteerding to the
above the maximum building height -allowed -ley
Seetie- 21465.13 of this Chapte - specified in this district, the front and side yard setback
requirements shall be increased by one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 4. Commercial car washes (drive-through, mechanical and self-service as a
principal or accessory use) with one (1) or more bays provided that:
(a) Stacking space is provided to accommodate an appropriate number of vehicles
and shall be subject to the approval of the City Council.
(b) The entire area shall have a drainage system which is subject to the approval of
the City and gives special consideration to the prevention of ice build up during winter
months.
(Amended by Ord. No 2006-27, 10/10/06)
Subd. 5. Convenience Ggrocery Mmarkets with Pprepared 1=food and/or Mmotor
Ffuel Ssales with zAaccessory Scar Wwash (no vehicle service or repair), provided that:
(a) Convenience/deli food is of the take-out type only and that no provision for
seating or consumption on the premises is provided. Furthermore, that the enclosed area
(132)
devoted to such activity, use and merchandise shall not exceed fifteen (15) percent of the
gross floor area.
(b) The storage, preparation and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon the applicable State and County regulations.
(c) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use permit.
Outdoor display of merchandise shall be allowed by administrative permit, pursuant to
Section 21465.11, Subd. 65 of this Chapter.
(d) The off-street loading space(s) and building access for delivery of goods shall be
separate from customer parking and entrances and shall not cause conflicts with customer
vehicles and pedestrian movements.
(e) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless extended
by the Council as part of the conditional use permit.
(f) Motor fuel facilities shall be installed in accordance with State and City standards.
Additionally, adequate space shall be provided to access gas pumps and to allow
maneuverability around the pumps. Underground fuel storage tanks are to be positioned
to allow adequate access by motor fuel transports and unloading operations which do not
conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
(g) A protective canopy located over pump islands may be an accessory structure on
the property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained.
(h) All canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded. Illumination levels for pump islands shall comply with Section 21105.06 of this
Chapter.
(i) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
Q) All pumps and any related canopy shall be set back at least three hundred (300)
feet from residentially zoned or guided property, unless screened by an intervening
building or located across an arterial or major collector roadway from residentially zoned
or guided property.
(k) Accessory Car WashNacuums.
(133)
(1) No more than one car wash bay shall be allowed.
(2) The car wash shall be designed to be an integral part of the principal
building, and may not be a separate freestanding structure.
(3) The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the amount of time
it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces
or traffic circulation.
(4) The exit from the car wash shall have a drainage system which is subject
to the approval of the City and gives special consideration to the prevention of ice
build-up during winter months.
(5) Neither the car wash nor an accessory vacuum shall be located within three
hundred (300) feet of any residentially zoned or guided property, unless
completely screened by an intervening building or located across an arterial or
major collector roadway from residentially zoned or guided property.
(6) - Both the car wash and accessory vacuum shall conform to noise
regulations as defined in Section 21105.10 of this Chapter.
Subd. 6. Pay_ care -facilities as_ a_principal or accessory- -use, -provided that the use -.-- Formatted: Font: Times New Roman, Not sold
complies with tl }��Section 21150 of this Chapter.
Subd. 7. Pelicatessens/coffee houses with drive-through service, provided that:
(a) The operation shall be responsible for litter control within three hundred (300)
feet of the premises and litter control is to occur on a daily basis. Trash receptacles must
be provided at a convenient location on site to facilitate litter control.
(b) The drive-through operation shall comply with the performance standards listed in
Section 21120.09 of this Chapter.
Subd. 8. Drive-in and/or convenience food establishments, provided that:
(a) The storage, preparation and service of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon applicable State and County requirements.
(b) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
(134)
Formatted: Font: Times New Roman, Not Bold
(c) These facilities shall be located only on sites having direct access to a minor
arterial street, collector or service road.
(d) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections.
(e) Alcoholic beverages shall not be sold or served.
(f) Drive-through service windows may be allowed subject to the performance
standards stipulated in Section 21120.09 and Section 21135 of this Chapter.
Subd. 9. Dry cleaners with accessory processing facilities provided that:
(a) The business does not exceed three thousand (3,000) square feet.
(b) The retail portion of the tenant space (including the counter area and clothing
storage) occupies a minimum of twenty-five (25) percent of the total gross floor area of
the building or lease area.
(c) The use generates no or minimal hazardous waste, as determined by Hennepin
County.
Subd. 10. Entertainment, live; in association with a restaurant.
Subd. 11. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 12. JEssential service structures (as defined by Section 21005 of this Chapter --- Formatted: Font: Times New Roman, Not Bold
-- ------ - - - --
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that -
(a) Equipmen
equipment is completely enclosed in a permanent structure with no
outside storage.
Subd. 13. J,aundromats, self-service washing and drying, provided that. - - - -- Formatted: Font: Times New Roman, Not Bold
e the hours of operation are limited to 7:00 AM to 10:00 PM.
Subd. 14. Motor vehicle fuel sales (excluding those accessory to a convenience
grocery market with . ueh r ei tFuek—steps; and ante -automobile repair =minor provided
that:
(a) Regardless of whether the dispensing, sale or offering for sale of motor fuels
and/or oil is incidental to the conduct of the use or business, the standards and
requirements imposed by this Section for motor fuel stations shall apply. These standards
(135)
and requirements are, however, in addition to other requirements which are imposed for
other uses of the property.
(b) Motor fuel facilities shall be installed in accordance with State and County
standards. Additionally, adequate space shall be provided to access gas pumps and to
allow maneuverability around the pumps. Underground fuel storage tanks are to be
positioned to allow adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on the site.Fuel pumps
shall be installed on pump islands.
(c) Whenever fuel pumps are to be installed, pump islands shall be installed. Pump
islands and their related parking and maneuvering aisle shall be located no closer to the
street or adjacent property lines than this Chapter allows for parking spaces, provided that
such location does not encroach upon street right-of-way, pedestrian areas, or adjacent
property.
(d) A protective canopy located over pump islands may be an accessory structure on
the property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained. All canopy lighting for motor fuel
station pump islands shall be recessed or fully shielded. Illumination levels for pump
islands shall comply with Section 21105.06 of this Chapter.
(e) There shall be no outdoor service operation of lubrication equipment, hydraulic
lifts of service pits, tire changing, drive systems repair and tuning, or similar operations.
(f) No outside storage shall be allowed except as specifically allowed by separate
administrative use permit, pursuant to item (h) below and Section 21465.11, Subd. 27 of
this Chapter.
(g) Sale of products other than those specifically mentioned in this sub -section shall
be limited to those allowed in this district and shall be subject to approval as part of the
conditional use permit.
(h) No outside storage of parts, equipment, or inoperable vehicles shall be allowed.
Z3. SECTION 21465.09 (C-3, HIGHWAY COMMERCIAL DISTRICT—INTERIM
USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfilling_ and land excavation grading operations eXsept exclude Formatted: Font: Times New Roman, Not Bold
--------------
mining operations) involving over 1,000 cubicyardsQ as regulate ---------------------------------------------------
Formatted: by Section 2.1.1.8.5__ o_f_ _t_h_ _is Formatted: Font: Times New Roman, Not Bold
Chapter. Formatted: Font: Times New Roman, Not Bold
Formatted: Font: Times New Roman, Not Bold
(136)
Z4. SECTION 21465.11 (C-3, HIGHWAY COMMERCIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21465.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the C-3 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or existine tower, as regulated - Formatted: Font: Times New Roman, Not Bold
- - - -- ---- — ----
by Section 21175 of this -Chapter .
Subd. 2. Essential &services requiring a permit frem the Gity Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. `Essential Service_ structures as defined bSection 21005 of this Chapter) ---•- Formatted: Font: Times New Roman, Not Bold
- - -- -------------------------------------------
that- - - ----
do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd 4 Landfilling and land alien/grad;„o ire r et:e a ept
o� no,
Fegulated by Seetien 21185 of this Chapter.
Subd. 54. Other uses of the same general character as those listed as a permitted use
in this District.
Subd. 65. Outdoor display (permanent) of seasonal or convenience items (e.g.,
windshield washer fluid, softener salt,; ete:) as an accessory use in association with an allowed
principal use provided that:
(a) The area so occupied shall not exceed ten (10) percent of the gross floor area of
the principal building or one hundred (100) square feet, whichever is less.
(b) No display of merchandise shall occur within the required front, rear, or side
yards.
(c) Such outdoor display of merchandise shall be limited to the area of customer
entrances or within pump islands.
(d) Such outdoor display of merchandise shall not exceed five (5) feet in height.
(137)
(e) Such outdoor display area shall be included in the calculations for parking spaces
required for the use and shall not occupy space required for parking as regulated by
Section 21135 of this Chapter, except as may be exempted for cause by the Zoning
Administrator.
Subd. -76. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
speei€ieations standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) gelid all enelestifes she .1,J et be ed to assury thet fife ho ..ean
a t.. be
d:..eeted onto sueh f et.._es with minimai eb stmet:e., To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. 87. Outside storage as an accessory use provided that:
(a) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(138)
(b) All requirements of Section 21105.11 of this Chapter are met.
Subd.98. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 4-09. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
(139)
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
d. Sales of fireworks,—as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(140)
(2) Tents, stands, and other similar temporary structures may be utilized used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi -
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one (1) temporary outdoor event or sale shall be allowed
per property at any given time.
Subd. X10, Temporary structures, as regulated by Section 21167 of this Chapter. Formatted: Font: Times New Roman, Not sold
(141)
Z5. SECTION 21465.13 (C-3, HIGHWAY COMMERCIAL DISTRICT—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED
AS FOLLOWS:
21465.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the C-3 District subject to additional requirements,
exceptions and modifications set forth in this Chapter.
(142)
~-----' f Formatted: Centered
AA. SECTION 21470.03 (C-4, COMMUNITY COMMERCIAL DISTRICT—
PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS:
21470.03. PERMITTED USES: The following are permitted uses in the C-4 District:
Subd. 1. Amusement centers.
Subd. 2. Antique shops, including incidental restoration.
Subd. 3. Appliance and electronic stores including incidental repair and assembly
but not fabricating or manufacturing.
Subd. 4. Aft md seheel stipply sales-.
Subd. 54. Art gallery and sales.
Subd. 65. Auto accessory stores (not including service).
Subd. !76. Bakery goods and baking of goods for retail sales on the premises.
Subd. 87. Banks, credit unions, and other financial institutions (excluding currency
exchanges) with or without drive up tellers.
Subd. 98. Beauty salons and day spas.
Subd. 409. Bicycle sales and repair.
Sh H. h- a- 11- Beat, mar: e, snewmebile sales, enelesed.
Subd. 4210. Body art establishments.
Subd. 4311. Books, office supplies -supply and equipment, school supply and art, or
stationary stores and sales.
Subd. 4412. Building supply sales within the principal structure.
Subd. 4513. Bus/transit stations or terminals without vehicle storage.
Subd. 4614. Camera and photographic supplies, sales, and film processing.
Subd. 4515. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
Subd. 4816. Carpet, rugs and tile retail sales.
Subd. 2017. Clothes, sales and/or rental.
Subd. 2818. Commercial recreation, indoor (e.g., bowling alleys, roller rinks; ete ).
Subd. 3519. Copy/printing services-btA net inele excludes printing presses-(*------- Formatted: Indent. Leff: a", Hanging: 0.5^
tiewspapeF and publishing facilities). _
Subd.1320, Delicatessens/coffee houses without drive-through service, .- Formatted: Font: Times New Roman, Not Bold
Subd. 2421. Department, discount, and warehouse stores. Formatted: Font: Times New Roman, Not Bold
Subd. 2622. Dry cleaning pick up and laundry pick up stations including incidental
repair and assembly but not including processing.
Subd. -2623. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 2724. Fabric and notions sales and store.
Subd. 2825. Florist shops.
Subd. 3026. Furniture stores.
Subd. 3427. Garden supply stores.
(143)
Subd. 3328.
Gift or novelty stores.
Subd. 3329,
Governmental and -public utility_essential service buildin S and
( -----------------)------------g-
---- ' Formatted: Font: Times New Roman, Not Bold
structures, including public works type facilities, excluding outdoor storage.
Subd. 3430.
Grocery, convenience markets (without motor fuel sales), supermarkets,
and superstores without Faeter. fuel sales.
Subd. 3531.
Hardware stores.
Subd. 3632.
Hobby and craft stores.
Subd. 33,
Hotels and motels.
- - - -`
,--- Formatted: Font: Times New Roman, Boll
Subd. 3734.
Jewelry stores.
Formatted: Font: Times New Roman, Bold
Subd. 3835.
Leather goods and luggage stores.
Subd. 3136.
Liquor, on and ff sale, pursuant to the required liquor license.
Subd. 4037.
Locksmiths.
Subd. 4-138.
Meat markets, but not including processing for a locker plant.
,AA.,,-; ,,..a
Subd. 42.
Subd. 4339.
hete,.
Music (e.g., instruments, equipment, tapes; compact discs; ete:) shops and
sales.
Subd. 4440.
Offices, administrative/commercial.
Subd. 4541.
Offices/clinics for medical, dental, or chiropractic services.
Subd. 4642.
Paint and wallpaper sales.
Subd. 4743.
Pharmacies.
Subd. 4844.
Plumbing, television, radio, electrical sales and su&-related accessory
repair,
Subd. 45..
Prepared food: delivery and/or take out only, no interior seating, -------
Formatted: Indent: First line: 0"
Subd. 4946.
Private clubs eF ledges ma servei*g food and beverages).
:;' Formatted: Font: Mmes New Roman; Not Bold
Subd. 6047.
Reception halls.
Formatted: Font: Times New Roman, Not Bold
Subd. 5448.
Recreation, personal fitness (defined as containing less than 3,000 square
feet of floor area).
Subd. 5349.
Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 5450.
.
Restaurants not of the drive-in, convenience or drive-through type.
Subd. 5551.
Sewing machine sales and service.
Subd. 3652.
Sexually oriented businesses - accessory or principle (as regulated by
Section 21195 of this Chapter).
Subd. 5753.
Shoe repair.
Subd. 5854.
Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
Subd. 5955.
Sports and fitness clubs.
Subd. 6956.
Studios - artist, dance, decorating, music, portrait photography, and-------
Formatted: Indent: Left: 0.5", First line: 0"
similar uses.
Subd. 6}57.
Tailoring services.
Subd. 6358.
Tanning salons.
Subd. 6359.
Theaters (indoor only).
Subd. 6460.
Therapeutic massage.
Subd. 6561.
Tobacco shops.
(144)
Subd. 6662. Toy Stores.
Subd. 63� Tutoring, learning centers. Formatted: Font: Times New Roman, Bold
Subd. 664. Variety stores and stores of similar nature.
Subd. 6865. Veterinary clinics and related indoor kennel; and pet sales, supplies and
grooming.
Subd. 6%6. Video rental and sales.
AAL SECTION 21470.05 (C-4, COMMUNITY COMMERCIAL DISTRICT—
ACCESSORY USES) IS HEREBY AMENDED AS FOLLOWS:
21470.05. ACCESSORY USES: The following are permitted accessory uses in a -the C-4
District:
Subd. ,I Aeees..eFy uses ineidental and , ...t,.... listed as « ...,,.:ttea
«dit: al it4er-im, and tises b adm stre fi :r in 0hi
Subd. 21. G,..««.erei,.t eF business Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Sections 21105.11
and 21135 of this Chapter, including parking and loading of semi -trailer trucks.
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 6. Signs, as regulated by Section 21155 of this Chapter.
AA2, SECTION 21470.07 (C-4, COMMUNITY COMMERCIAL DISTRICT—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21470.07. CONDITIONAL USES: The following are conditional uses in the C-4 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
(145)
Subd. 1. Accessory retail, accessory rental, or accessory service activity other than
that allowed as a permitted use or conditional use within this Section, provided that:
(a) Such accessory use is allowed as a permitted use in a commercial district.
(b) Such accessory use does not occupy more than fifty (50) percent of the gross floor
area of its associated principal use, or more than two thousand and five hundred (2,500)
square feet, whichever is less.
Subd. 2. Antennas not located upon an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 3. Buildings in excess of height limitations as specified in Section 21470.13
of this Chapter, provided that:
(a) For each additional five (5) feet in reef --height, as ealetilated iteeerding to the
above the maximum building height-aHowed-by
Beebe. 21470.13 of this Ghapto. specified in this district, the front and side yard setback
requirements shall be increased by one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 4. Commercial car washes (drive-through, mechanical and self-service as a
principal or accessory use) with one (1) or more bays provided that:
(a) Stacking space is provided to accommodate an appropriate number of vehicles
and shall be subject to the approval of the City Council.
(b) The entire area shall have a drainage system which is subject to the approval of
the City and gives special consideration to the prevention of ice build up during winter
months.
Subd. 5. Meter fuel sales —awev3eiTcearoviYi' br" �y •aFk .., bf rj
(146)
(147)
(6) Beth the ear- wash and aeeessef�, vaeuum shall eenfefm to a
FegHkieffi as defined in Seetien 21105. 10 efthis Chapter-.
Subd. 65. Currency-Exslanges exchanges, provided that:
(a) The business is not located within one half (1/2) mile of another currency
exchange.
(b) The business is not located within seven hundred fifty (750) feet of a property
containing a pawnshop, religious institution, school, day-care/preschool, or residentially
zoned or guided property.
Subd. -76. Day care facilities as a principal or accessory use, provided that the use
complies with .. . .. Section 21150 of this Chapter.
Subd. 97. Delicatessens/coffee houses with drive-through service, provided that:
(a) The operation shall be responsible for litter control within three hundred (300)
feet of the premises and litter control is to occur on a daily basis. Trash receptacles must
be provided at a convenient location on site to facilitate litter control.
(b) The drive-through operation shall comply with the performance standards listed in
Section 21120.09 of this Chapter.
Subd. 98. Drive-in and/or convenience food establishments, provided that:
(a) The storage, preparation and service of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon applicable State and County requirements.
(b) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
(c) These facilities shall be located only on sites having direct access to a minor
arterial street, collector or service road.
(d) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections.
(e) Alcoholic beverages shall not be sold or served.
(148)
(f) Drive-through service windows may be allowed subject to the performance
standards stipulated in Section 21120.09 and Section 21135 of this Chapter.
Subd. 499. Dry cleaners with accessory processing facilities provided that:
(a) The business does not exceed three thousand (3,000) square feet.
(b) The retail portion of the tenant space (including the counter area and clothing
storage) occupies a minimum of twenty-five (25) percent of the total gross floor area of
the building or lease area.
(c) The use generates no or minimal hazardous waste, as determined by Hennepin
County.
Subd. 4410. Entertainment, live; in association with a restaurant.
Subd. 42.11. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 4312. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that.
(a) Equipmen ee uipment is completely enclosed in a permanent structure with no
outside storage.
Subd. 4413. Funeral homes and mortuaries, provided that:
(a) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections.
(b) Parking shall be provided in compliance with Section 21135 of this Chapter.
Subd. 4514. Laundromats, self-service washing and drying, provided that -
(a) The
hat.(a)—the the hours of operation are limited to 7:00 AM to 10:00 PM.
Subd. 15. Motor fuel sales accessory to a conveniencerg oce!y market (no vehicle
service or repair), provided that:
(a) Outdoor display of merchandise shall be allowed by administrative permit,
pursuant to Section 21470.11, Subd. 5 of this Chapter.
(149)
(b) The off-street loading space(s) and building access for delivery of goods shall be
separate from customer parking and entrances and shall not cause conflicts with customer
vehicles and pedestrian movements.
(c) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless extended
by the Council as part of the conditional use permit.
(d) Motor fuel facilities shall be installed in accordance with State and City standards.
Additionally, adequate space shall be provided to access gas pumps and to allow
maneuverability around the pumps. Underground fuel storage tanks are to be positioned
to allow adequate access by motor fuel transports and unloading operations which do not
conflict with circulation, access and other activities on the site. Fuel pumps shall be
installed on pump islands.
(e) A protective canopy located over pump islands may be an accessory structure on
the property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained.
(f) All canoplighting for motor fuel station pump islands shall be recessed or fully
shielded. Illumination levels for pump islands shall comply with Section 21105.06 of this
ChVter.
(g) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
(h) All pumps and any related canopy shall be set back at least three hundred (300)
feet from residentially zoned oruig ded property. unless screened by an intervening
building or located across an arterial or major collector roadway from residentially zoned
or guided property.
(i) Accessory Car WashNacuums.
(1) No more than one car wash bay shall be allowed.
(2) The car wash shall be designed to be an integral part of the principal
building, and may not be a separate freestanding structure.
(3) The site shall provide stacking space for the car wash. The amount of
stacking space shall take into account the type of car wash and the amount of time
it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces
or traffic circulation.
(150)
(4) The exit from the car wash shall have a drainage system which is subject
to the approval of the City and gives special consideration to the prevention of ice
build-up during winter months.
(55) Neither the car wash nor an accessory vacuum shall be located within three
hundred (300) feet of any residentially zoned oruig ded property, unless
completely screened by an intervening building or located across an arterial or
major collector roadway from residentially zoned orug ided property.
(6) Both the car wash and accessory vacuum shall conform to noise
regulations as defined in Section 21105.10 of this Chapter.
Subd. 16. Motor vehicle fuel sales (excluding those accessory to a convenience
grocery market, ); *~wand aute automobile
repair =minor provided that:
(a) Regardless of whether the dispensing, sale or offering for sale of motor fuels
and/or oil is incidental to the conduct of the use or business, the standards and
requirements imposed by this Section for motor fuel stations shall apply. These standards
and requirements are, however, in addition to other requirements which are imposed for
other uses of the property.
(b) Motor fuel facilities shall be installed in accordance with State and County
standards. Additionally, adequate space shall be provided to access gas pumps and to
allow maneuverability around the pumps. Underground fuel storage tanks are to be
positioned to allow adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on the site.—Fuel-mss
shall be installed on ptimp islands.
(c) Whenever fuel pumps are to be installed, pump islands shall be installed. Pump
islands and their related parking and maneuvering aisle shall be located no closer to the
street or adjacent property lines than this Chapter allows for parking spaces, provided that
such location does not encroach upon street right-of-way, pedestrian areas, or adjacent
property.
(d) A protective canopy located over pump islands may be an accessory structure on
the property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained. All canopy lighting for motor fuel
station pump islands shall be recessed or fully shielded. Illumination levels for pump
islands shall comply with Section 21105.06 of this Chapter.
(e) There shall be no outdoor service operation of lubrication equipment, hydraulic
lifts of service pits, tire changing, drive systems repair and tuning, or similar operations.
(151)
(f) No outside storage shall be allowed except as specifically allowed by separate
administrative use permit, pursuant to item (h) below and Section 21470.11, Subd. 67 of
this Chapter.
(g) Sale of products other than those specifically mentioned in this sub -section shall
be limited to those allowed in this district and shall be subject to approval as part of the
conditional use permit.
(h) No outside storage of parts, equipment, or inoperable vehicles shall be allowed.
Subd. 17. Parking ramps as an accessory use.
Subd. 18. Pawnshops, provided that:
(a) The business is not located within seven hundred fifty (750) feet of a property
containing another pawnshop, currency exchange, religious institution, or residentially
zoned or guided property.
(b) The business shall be regulated pursuant to the provisions and licensing
requirements of Section 1160 of the City Code.
AA3. SECTION 21470.09 (C-4, COMMUNITY COMMERCIAL DISTRICT—INTERIM
USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. JLandfllling and land excavation/grading operations ex ep exclude_ _,.- Formatted: Font: Times New Roman, Not Bold
---- ®®
mining operations) involving over 1,000 cubic yard& -as regulated by Section _2.1__1.8__5___o_f__t_h__is Formatted: Font: Times New Roman, Not Boa
Chapter. Formatted: Font: Times New Roman, Not Boa
Formatted: Font: Times New Roman, Not Boa
AA4. SECTION 21470.11 (C-4, COMMUNITY COMMERCIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21470.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the C-4 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or existing tower, as regulated --- Formatted: Font: Times New Roman, Not Bold
- - ----------- ------------
by Section 21175 of this Chapter.
Subd. 2. Essential $services requiring a permit frem the City Engineef as provided
by Section 21160 of this Chapter.
(152)
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter) ---- Formatted: Font: Times New Roman, Not sold
-------------------
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 54. Other uses of the same general character as those listed as a permitted use
in this District.
Subd. 65. Outdoor display (permanent) of seasonal or convenience items (e.g.,
windshield washer fluid, softener salute:) as an accessory use in association with an allowed
principal use provided that:
(a) The area so occupied shall not exceed ten (10) percent of the gross floor area of
the principal building or 100 square feet, whichever is less.
(b) No display of merchandise shall occur within the required front, rear, or side
yards.
(c) Such outdoor display of merchandise shall be limited to the area of customer
entrances or within pump islands.
(d) Such outdoor display of merchandise shall not exceed five (5) feet in height.
(e) Such outdoor display area shall be included in the calculations for parking spaces
required for the use and shall not occupy space required for parking as regulated by
Section 21135 of this Chapter, except as may be exempted for cause by the Zoning
Administrator.
Subd. 76. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(153)
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
speeiflsatieus standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Selid well a elesur-es shatild net be used to e e that fife hose steams can be
To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. 87. Outside storage as an accessory use provided that:
(a) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(b) All requirements of Section 21105.11 of this Chapter are met.
Subd. 98. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. X09. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(154)
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
(155)
d. Sales of fireworks, -as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may bei used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi -
(156)
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one (1) temporary outdoor event or sale shall be allowed
per prope U at any given time.
Subd. 4410. Temporary structures, as regulated by Section 21167 of this Chapter.
(157)
AA5. SECTION 21470.13 (C-4, COMMUNITY COMMERCIAL DISTRICT—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21470.13, AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the C-4 District subject to additional requirements,
exceptions and modifications set forth in this Chapter.
(158)
-"""' f Formatted: Centered
BB. SECTION 21475.05 (CC, CITY CENTER DISTRICT—PERMITTED USES), SUBD.
1 (c) IS HEREBY AMENDED AS FOLLOWS:
(c) Commercial recreation, indoor; (e.g., bowling alleys, roller rinks-,-ete-.Z
BB 1. SECTION 21475.05 (CC, CITY CENTER DISTRICT—PERMITTED USES), SUBD.
2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. CC -R & E.
(a) Amusement Ecenters.
(b) Antique shops, including incidental restoration.
(c) Appliance and electronic stores including incidental repair and assembly but not
fabricating or manufacturing.
(d) Aft and seheel supply sales.
(ed) Artta9ffies eallery and sales.
(€e) Bakery goods and baking of goods for retail sales on the premises.
(gfl Banks, credit unions and other financial institutions (excluding currency
exchanges) with or without drive up tellers.
(hg) Beauty salons and day spas.
(+h) Bicycle sales and repair.
(}i) Books, office suppliei-agpply and equipment, school supply and art, or stationary
stores and sales,
(kj,) Bus/transit stations or terminals without vehicle storage.
(Lk) Camera and photographic supplies, sales, and film processing.
(Irl) Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
by Seetion 21175 of this Ghapter.
(em) Clothes, sales and/or rental.
(pa) Copy/ rin nting services -but -not inelading excludes printing pressesOF Fiewspapef -- Formatted: Indent: Left: 0.5', First dine: 0^
and publishing_ facilities).
(qo) Delicatessens/coffee houses without
drive-through service.
(fp) Dry cleaning pick up and laundry pick up stations including incidental repair af'A
assembly -but not including processing.
(sq) Essential services not including structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
(tr) Fabric and notions sales and store.
(trs) Florist shops.
(Yt) Gift or novelty stores.
(*u) Governmental and public utility (essential service) buildings and structures,
including public works type facilities, excluding outdoor storage.
(159)
(yv_) Grocery, supermarkets and superstores.
(,-w) Hardware stores.
(aaxx) Hobby and craft stores.
(bby) Jewelry stores.
(eez) Leather goods and luggage stores.
(ddb Liquor, off sale, pursuant to the required liquor license.
(eebb) Locksmiths.
(€fcc) Music (e.g., instruments, equipment, Eames, -compact discs; ete:) shops and sales.
( dd) Offices, administrative/commercial.
(hh e) Offices/clinics for medical, dental, or chiropractic services.
(riff) Paint and wallpaper sales.
Wgg) Pharmacies without drive-through
service.
(k-lFhh) Plumbing, television, radio, electrical sales and seek -related accessory repair -as -an
(4) Restaurants and cafes (not of the drive-in or drive-through type).
(jl) Sewing machine sales and service.
(nf�kk) Sexually oriented businesses - accessory (as regulated by Section 21195 of this
Chapter).
(eell) Shoe repair.
(mmmm) Sporting goods and recreational equipment sales, excluding motorized
vehicles.
(ggnn) Studios - artist, dance, decorating, music, portrait photography,-ete and similar
uses.
(moo) Tailoring services.
(sspp) Tanning salons.
(%qq) Theaters (indoor only).
(Marr) Toy stores.
(amass) Veterinary clinics and related indoor kennel; and pet sales, supplies and grooming.
(matt) Video rental and sales.
BB2. SECTION 21475.05 (CC, CITY CENTER DISTRICT—PERMITTED USES), SUBD.
3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. CC -OT & R.
(a) All uses permitted in CC -R & E.
(b) Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
(c) Funeral homes and mortuaries.
(d) Laboratories.
(e) Printing establishments, eefnfnefeia4-.
(€e) Radio and television stations.
(g_f) Sports and fitness clubs.
(160)
BB3. SECTION 21475.07 (CC, CITY CENTER DISTRICT—ACCESSORY USES), SUBD.
2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. CC -P Odistrict.
(a) Farmer's markets, publically sponsored.
----- I Formatted: Indent: First line: 0.5"
(b) Liquor, on -sale, when accessory and customary to the uses allowed listed as------- Formatted: Indent: Left: 0.5"
permitted, conditional,-eF interim, and uses by administrative permit in this Section,
pursuant to the required liquor license. - --- Formatted: Font: Times New Roman, Not Italic
BB4. SECTION 21475.07 (CC, CITY CENTER DISTRICT—ACCESSORY USES) IS
HEREBY AMENDED BY ADDING SUBD. 3 AS FOLLOWS:
Subd. 3. CC -R & E district. Farmer's markets, Vublically sponsored. Formatted: Font: Times New Roman, Bold
BB5. SECTION 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES) IS
HEREBY AMENDED AS FOLLOWS:
21475.09. CONDITIONAL USES: The following are conditional uses in a–the CC
District and require a conditional use permit based upon procedures set forth in and regulated by
Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit
shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5
and 21015.04 of this Chapter.
Subd. 1. All sub -districts.
(a) Antennas not located upon an existing structure or existing tower, as regulated by
Section 21175 of this Chapter.
(b) Essential services requiring a conditional use permit pursuant to Section 21160 of
this Chapter.
(c) Essential service structures (as defined by Section 21005 of this Chapter) that
exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public work type facilities, provided
that: eauipment is completely enclosed in a permanent structure with no outside storage.
(Amended by Ord. No. 2004-02, 01113104)
(161)
eutside ster-age,
(d) Parking ramps as an accessory use; and public ramps/garages as a principal use.
(Amended by Ord. No. 2008-09, 03125/08)
(e) Religious institutions such as churches, chapels, temples, Unagogues, and
mosques and related seeial events provided that:
(1) The space utilized for such activities is shared with another use allowed
within this district or occupies no more than twenty (20) percent of a multi -tenant
shopping center.
(2) Activities shall be limited to worship services and directly related social
events.
(Amended by Ord. No. 2007-28, 11113107)
Subd. 2. CC -P District.
(a) Parking lots/ramps, as a principal use.
(b) Retail commercial activities and personal services, provided that:
(1) Merchandise is sold at retail.
(2) Personal services are limited to those uses and activities which are allowed
as a permitted or permitted accessory use within a C-1 Zoning District.
(3) The retail activity and personal services shall not occupy more than fifteen
(15) percent of the gross floor area of the building.
(4) No directly or indirectly illuminated sign or sign in excess of ten (10)
square feet identifying the name of the business shall be visible from the outside
of the building.
(5) No signs or posters of any type advertising products for sale or services
shall be visible from the outside of the building.
(Amended by Ord. No. 2007-28, 11/13107)
Subd. 3. CC -R & E District.
(a) Automobile repair =minor, and tire and battery store and services, in existence
on or before November 13, 2007, provided that:
(162)
(1) There shall be no outdoor service operation of lubrication equipment,
hydraulic lifts or service pits, tire changing, drive systems repair or tuning, or
similar operations.
(2) No outside storage of parts, equipment, or inoperable vehicles shall be
allowed.
(3) Sale of products other than those specifically mentioned in this sub -section
shall be limited to those allowed in this district and shall be subject to approval as
part of the conditional use permit.
(b) Commercial car washes in existence on or before November 13, 2007, as an
accessory use as regulated by Section 21135 of this Chapter.
(c) Convenience Ggrocery Mmarkets with ]?prepared Ffood and/or Mmotor Ffuel
Ssales (no vehicle service or repair) in existence on or before November 13, 2007,
provided that:
(1) Convenience/deli food is of the take-out type only and that no provision
for seating or consumption on the premises is provided. Furthermore, that the
enclosed area devoted to such activity, use and merchandise shall not exceed
fifteen (15) percent of the gross floor area.
(2) The storage, preparation and serving of food items are subject to the
approval of the Zoning Administrator who shall provide specific written sanitary
requirements based upon the applicable State and County regulations.
(3) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use
permit. Outside display of merchandise shall be allowed by administrative permit,
pursuant to Section 21475.13, Subd. 5 of this Chapter. (Amended by Ord. No.
2006-04, 02/07/06)
(4) The off-street loading space(s) and building access for delivery of goods
shall be separate from customer parking and entrances and shall not cause
conflicts with customer vehicles and pedestrian movements.
(5) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless
extended by the Council as part of the conditional use permit.
(6) Motor fuel facilities shall be installed in accordance with State and City
standards. Additionally, adequate space shall be provided to access gas pumps
and to allow maneuverability around the pumps. Underground fuel storage tanks
are to be positioned to allow adequate access by motor fuel transports and
(163)
unloading operations which do not conflict with circulation, access and other
activities on the site. Fuel pumps shall be installed on pump islands.
(7) A protective canopy located over pump islands may be an accessory
structure on the property and may be located twenty (20) feet or more from the
front lot line, provided adequate visibility both on and off site is maintained. All
canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded. Illumination levels for pump islands shall comply with Section
21105.06 of this Chapter. (Amended by Ord. No. 2001-06, 02/13/01) (Amended
by Ord. No. 2006-04, 02/07/06)
(8) Litter Control. The operation shall be responsible for litter control within
three hundred (300) feet of the premises and litter control is to occur on a daily
basis. Trash receptacles must be provided at a convenient location on site to
facilitate litter control.
(d) Day care attrseFy-facilities as a principal use provided that:
0 --the the use complies with the provisions of Section 21150 of this Chapter.
(e) Entertainment, live;1 in association with a restaurant.
(f) Tutoring/learning centers. (Amended by Ord. No. 2006-28, 11/14/06)
(Amended by Ord. No. 2007-28, 11/13/07) (Amended by Ord. No. 2008-09, 03/25/08)
Subd. 4. CC -OT & R District.
(a) Day care facilities as a principal use provided that:
(�he the use complies with the provisions of Section 21150 of this Chapter.
(b) Multiple family dwellings (apartments, condominiums, townhouses, and similar
attached housing) as part of a mixed land use development, provided that residential
density does not exceed twenty (20) dwelling units per acre.
BB6. SECTION 21475.11 (CC, CITY CENTER DISTRICT—INTERIM USES), SUBD. 1 IS
HEREBY AMENDED AS FOLLOWS:
Subd.1. Landfilling and land excavation/grading operations; exeept fexcludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
(164)
BB7. SECTION 21475.13 (CC, CITY CENTER DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21475.13. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the CC District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or existing tower, as regulated
by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
mining,
FegHleAed by Seetien 21185 of this Chapter-.
Subd. 54. Other uses of the same general character as those listed as a permitted use
in this district and the respective sub -district.
Subd. 65. Outdoor display (permanent) of seasonal or convenience items (e.g.,
windshield washer fluid, softener salty ete:) as an accessory use in association with an allowed
principal use provided that:
(a) The area so occupied shall not exceed ten (10) percent of the gross floor area of
the principal building or one hundred (100) square feet, whichever is less.
(b) No display of merchandise shall occur within the required front, rear, or side
yards.
(c) Such outdoor display of merchandise shall be limited to the area of customer
entrances or within pump islands.
(d) Such outdoor display of merchandise shall not exceed five (5) feet in height.
(165)
(e) Such outdoor display area shall be included in the calculations for parking spaces
required for the use and shall not occupy space required for parking as regulated by
Section 21135 of this Chapter, except as may be exempted for cause by the Zoning
Administrator.
Subd. 76. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
speei€iestiens standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Solid wall enelesur-es sheuld net be used te assure thm fire hese st-Feams eaft be-
diFeeted , me s eh features • ith minimal ,.,...tmet"... To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. 87. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 98. Temporary outdoor events and sales subject to the following criteria:
(166)
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
(167)
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
d. Sales of fireworks -,-as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may be Utilized used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
(168)
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi-
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one (1) temporary outdoor event or sale shall be allowed
per property at any given time.
Subd. 409. Temporary structures, as regulated by Section 21167 of this Chapter.
(169)
BB8. SECTION 21475.15 (CC, CITY CENTER DISTRICT—AREA REQUIREMENTS
AND CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED AS FOLLOWS:
21475.15. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the CC District, subject to additional
requirements, exceptions and modifications set forth in this Chapter.
District
Lot Minimum Minimum Maximum Setbacks
Maximum
Area
Area Lot Width Lot Depth Structural (feet)
Building
Minimum
Minimum feet feet Covera e a a
Height
None
None None None A4axirnwn Front yard
20 (b)
Princ.
45 -ti
40% (maximum)
Bldg.
fm
} ti
Acc.
20-R
Bldg.
fila
Side yard
None
Rear,
50
Principal
Bldg.
(minimum)
Rear - Acc.
25%
Bldg.
of lot
minimum
de th
(a) Special requirements V21 for environmental overlay districts - See appropriate text
(b) Maximum may be exceeded when abutting principal arterials or when site topography requires that
a building be set
back further to achieve acceptable grades between the street, the site entrance and the building.
13139. SECTION 21475.17 (CC, CITY CENTER DISTRICT—SPECIAL DESIGN AND
PERFORMANCE STANDARDS), SUBD. 7 (k) (2) h IS HEREBY AMENDED AS
FOLLOWS:
h. Concrete that is not enhanced as indicated under "Desired
Allowable Materials" in 1 above, especially pre -cast, tilt -up
walls.
(170)
Formatted Table
Formatted: Centered
.- ------ Formatted: centered
CC. SECTION 21550.03 (C-5, COMMERCIAL/INDUSTRIAL DISTRICT—PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21550.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the
following are permitted uses within the C-5 District:
Subd. 1. Appliance repair and service.
Subd. 2? Automobile detailing shops. Formatted: Font: Times New Roman, Not Bold
- - - ---------------------------------------------------------------
-
Subd. 23. Bus/transit stations or terminals with vehicle storage. Formatted. Font: Times New Roman, Not Bold
regulated by SerAea 21175 ef this Chapteil;
Subd. 4. Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
Subd. 5. Conference centers.
Subd. 6. Contractors operations.
Formatted: Font: Times New Roman, Bold
facilities). Formatted: Indent: Left: 0.5"
Subd. -78. Essential services not including structures, except those requiring Formatted: Font: Times New Roman, Bold
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 99. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 910. Laboratories.
Subd. 4011. Landscape nurseries.
Subd. 12. Locksmiths.
Subd. 1113. Lumber yards, building material sales, and similar bulk type retail sales------- Formatted: Indent: First line: 0"
establishments.
Subd. 1414. Mini -storage facilities.
Subd. 1315. Offices, administrative/commercial (excludes offices/clinics for medical,
dental, or chiropractic services).
Subd. 14. Pfinting establishments, .
Subd. M16. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 1617. Sexually oriented businesses - accessory or principal (as regulated by
Section 21195 of this Chapter).
Subd. 1718. Sports and fitness clubs.
Subd. 4819. Studios - artist, dance, decorating, music, portrait photography,-eEe and------- Formatted: Indent: Left: 0", Hanging: 0.5"
similar uses.
Subd. -1-920. Vending companies.
Subd. 2821. Wholesale showrooms.
(171)
CCI. SECTION 21550.05 (C-5, COMMERCIALANDUSTRIAL DISTRICT—
ACCESSORY USES) IS HEREBY AMENDED AS FOLLOWS:
21550.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the
following are permitted accessory uses within the C-5 District:
Subd. 1 AeeesseFy uses ineidental and . ...t....,.,..,. to the uses listed a .Fitted
Subd. 21. C,... me..eial eN hhusinesiss Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Sections 21105.11
and 21135 of this Chapter, including parking of semi -trailers or semi -trailer trucks.
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 6. Signs, as regulated by Section 21155 of this Chapter.
CC2. SECTION 21550.07 (C-5, COMMERCIAL/INDUSTRIAL DISTRICT—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21550.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the
following are conditional uses in a -the C-5 District and require a conditional use permit based
upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally,
besides the specific standards and criteria which may be cited below for respective conditional
uses, each request for a conditional use permit shall be evaluated based upon the standards and
criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located mpon an publ-ie existing structure or existingtower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Automobile repair—major, provided that: Formatted: Font: Times New Roman, Bold
(172)
(a) Not less than thirty (30) percent of the lot, 1arcel or tract of land shall remain as
landscaped green area according to the approved landscape plan.
(b) All painting must be conducted in an approved paint booth. All paint booths and
all other activities of the operation shall thoroughly control the emission of fumes, dust or
other particulate matter so that the use shall be in compliance with the State of Minnesota
Pollution Control Standards, Minnesota Regulation APC 1-15, the Minnesota State Fire
Code, and other applicable state and county regulations.
(c) The emission of odor by a use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulations APC.
(d) Storage, use and disposal of all flammable materials, including liquids and rags
shall conform to the applicable provisions of the Minnesota State Fire Code.
(e) All outside storage is prohibited. The storage of damaged vehicles, vehicles being------ Formatted: Indent: Left: o.s"
repaired and vehicle harts and accessory equipment must be completely inside a principal
or accessory building
Subd. 33. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 34. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that:
equipment is completely enclosed in a permanent structure with no outside storage. (Amended by
Ord. No. 2004-02, 01/13/04)
(aEquipment is eempletely a elesed in a pefmanent stfuet„re with ne ,.tn:.7e
s`w'age.
in Seet:en 21550.03
155003 er
to n «,d:t:e«nl use in this Seet:e« provided thm!
(a) The use shall not be used as rental pr-eperty.
(e) T-he«e shall be n .deme«stF teal and .dee,.«.,e«te.d veal for sued. a f e:l iky
> ,
.
(\ Alet lens than thifty (30) p ent e£ the let pafeel er- t«vet of land shall remains
(173)
Q- I 7W,. wl -
Subd.65. Manufacturing, compounding, assembly, packaging, and tFeat`•' ^*
warehousing (excluding explosives and hazardous waste), or treatment of merchandise or
commodities as an accessory use provided that:
(a) The use is accessory to wed an allowable use within this district.
(b) No outside storage is associated with the use.
(c) The area devoted to the accessory use shall not exceed forty (40) percent of the
gross building floor area.
Subd. -76. Motor vehicle sales, leasing, and rental including cars, trucks, recreational
vehicles (e.Q., RVs, snowmobiles, boats, ATVs--R1-e-),i and attte automobile
repair =minor, provided that: (Amended by Ord. No. 2002-32,
11/26/02)
(l) (a) Vehicles for sale, leasing -lease, or rental shall be parked on a paved -
surface that conforms to Section 21135 of this Chapter.
(b) Parking, driveway, and circulation standards and requirements shall comply with
Section 21135 of this Chapter.
(c) There shall be no outside repair or maintenance of vehicles.
(d) No outside storage shall be allowed except as specifically allowed by separate
administrative permit.
(174)
Formatted: Indent: Lek: 0.5", No bullets or
�
numbering
(e) Sale of products other than those specifically mentioned shall be limited to those
that are accessory to the principal use and shall be subject to a separate conditional use
permit.
(f) No outside storage of damaged vehicles, or parts; and equipment shall be allowed.
waste, as an aeeessei�, use pr-evided that!
(a) The u is aeeesseFy tea ,.-.,iaed , within this dist-:^t
(b) Ne eutside sterage is asseeiated with the use.
(e) The area devoted to the aeeessery use shall not exeeed ", (140) pereent of
gross building fleer. afea.
CC3. SECTION 21550.09 (C-5, COMMERCIAL/INDUSTRIAL DISTRICT—INTERIM
USES) IS HEREBY AMENDED AS FOLLOWS:
21550.09. INTERIM USES: Subject to applicable provisions of this Chapter, the following
are interim uses in the C-5 District and are governed by Section 21020 of this Chapter.
Subd.1. Landfilling and land excavation/grading operations exeept (excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
Subd. 2. Living quarters which are provided as an accessory use to a principal
permitted or conditional use listed in this Section, and which are located within the principal
building, provided that:
(a) The living quarters shall not be used as rental property_
(b) A maximum of one (1) such living unit shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (e.s--- ----- Formatted: Indent: Left: o.s"
caretaker, security).
CC4. SECTION 21550.11 (C-5, COMMERCIAL/INDUSTRIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21550.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the C-5 District by administrative permit as
may be issued by the Zoning Administrator:
(175)
Subd. 1. Antennas located upon an existing structure or existine tower, as regulated
by Section 21175 of this Chapter.
Subd. 2. Essential $services requiring a permit fiefn the City BagineeF as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 54. Other uses of the same general character as those listed as a permitted use
in this District.
Subd. 65. Outdoor display (permanent) of seasonal or convenience items (e.g.,
windshield washer fluid, softener salt-,-et�) as an accessory use in association with an allowed
principal use provided that:
(a) The area so occupied shall not exceed ten (10) percent of the gross floor area of
the principal building or one hundred (100) square feet, whichever is less.
(b) No display of merchandise shall occur within the required front, rear, or side
yards.
(c) Such outdoor display of merchandise shall be limited to the area of customer
entrances or within pump islands.
(d) Such outdoor display of merchandise shall not exceed five (5) feet in height.
(e) Such outdoor display area shall be included in the calculations for parking spaces
required for the use and shall not occupy space required for parking as regulated by
Section 21135 of this Chapter, except as may be exempted for cause by the Zoning
Administrator.
Subd. -76. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
(176)
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
spe,.ns standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Selid wall eaelestiFes should net be used to assur-e that fir -e- he -se. strva—m-s ean be
To assure that fire hose
streams can be directed onto such features with minimal obstruction solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. 87. Outside storage as an accessory use provided that:
(a) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(b) All requirements of Section 21105.11 of this Chapter are met.
Subd. 98. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 499. Temporary outdoor events and sales subject to the following criteria:
(177)
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
(178)
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
d. Sales of fireworks -,-as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may be••.- used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
(179)
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi -
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant. .
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one (1) temporary outdoor event or sale shall be allowed
per property at any given time.
Subd. 4410. Temporary structures, as regulated by Section 21167 of this Chapter.
(180)
CC5. SECTION 21550.13 (C-5, COMMERCIAL/INDUSTRIAL DISTRICT—LOT
REQUIREMENTS AND SETBACKS) IS HEREBY AMENDED AS FOLLOWS:
21550.13. LOT—AREA REQUIREMENTS ANDS'—,� T�^CKS CONSTRUCTION
LIMITATIONS: The following requirements shall be observed in the C-5 District
subject to additional requirements, exceptions, and modifications set forth in this Chapter.
(181)
Formatted Table
---- Formatted: centered
DD. SECTION 21555.03 (B -C, BUSINESS CAMPUS DISTRICT—PERMITTED USES) IS
HEREBY AMENDED AS FOLLOWS:
21555.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the
following are permitted uses within the B -C District:
Subd. 1. Banks, credit unions and other financial institutions (excluding currency
exchanges) with or without drive up tellers.
Subd. 2. CeffiffleMial pFinfing establishments.
Subd. 3. Gemmereial ,
Subd. 42. Conference centers.
Subd. 3g Cony/Xrinting services (excludes printing --- and publishing_---- Formatted: Indent: Left: 0.5^
facilities). Formatted: Font: Times New Roman, Bold
Subd. 34. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 65. Governmental and public utility buildings and structures, including public
works type facilities, excluding outdoor storage.
Subd. 76. Laboratories.
Subd. 87. Offices, administrative/commercial.
Subd. 98. Offices/clinics for medical, dental, or chiropractic services.
Subd. 409. Radio and television stations.
Subd. 4410. Reception halls.
Subd. 4-211. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 4312. Sexually oriented businesses – accessory (as regulated by Section 21195 of
this Chapter.
Subd. 47413. Sports and fitness clubs.
Subd. 4314. Trade schools„ ,
Subd. 15 --Tutorind learnine centers. ------------
Formatted: Font: Times New Roman, Bold
s. --��— - ---- -
Subd. 16. Wholesale showrooms.
DDI. SECTION 21555.05 (B -C, BUSINESS CAMPUS DISTRICT—ACCESSORY USES)
IS HEREBY AMENDED AS FOLLOWS:
21555.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the
following are permitted accessory uses within the B -C District:
(182)
Subd. 21. Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Sections 21105.11
and 21135 of this Chapter, including parking and loading of semi -trailer trucks.
Subd. 5. Parking ramps as an accessory use.
Subd. 6. Radio and television receiving antennas including single satellite dish
TGVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 7. Signs, as regulated by Section 21155 of this Chapter.
DD2. SECTION 21555.07 (B -C, BUSINESS CAMPUS DISTRICT—CONDITIONAL
USES) IS HEREBY AMENDED AS FOLLOWS:
21555.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the
following are conditional uses in the B -C District and require a conditional use permit based
upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally,
besides the specific standards and criteria which may be cited below for respective conditional
uses, each request for a conditional use permit shall be evaluated based upon the standards and
criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located Won an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Buildings in excess of height limitations as specified in Section 21555.13
of this Chapter, provided that:
(a) For each additional five (5) feet in fee -height as ealetila4ed aeoeMing to the
above the maximum building height-a4ewed*
See fie . 21555.13 _ f this !' haptsFspecified in this district, the front and side yard setback
requirements shall be increased by one (1) foot.
(183)
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 3. Day care facilities as a principal or accessory use, provided that: the use
complies with Section 21150 of this Chapter.
(a) The use eemplies with Seetien 21150 of this Chapter-. Formatted: Indent: Left: 0.5"
Formatted: Bullets and Numbering
Subd. 4. Entertainment, live -,I in association with a restaurant.
Subd. 5. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 6. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that.
equipment is completely enclosed in a permanent structure with no outside storage. (Amended by
Ord. No. 2004-02, 01/13/04)
(Amended by Ord. No. 2001-06, 02/13/01)
Subd. 7. Extended stay hotels provided that more than fifty (50) percent of the
rooms shall have cooking facilities.
Subd. 8. Helistops, as regulated by Section 21193 of this Chapter.
Subd. 9. Hotels and motels provided that the facility provides restaurant and food__
service with optional on -sale liquor.
Subd. 910. Manufacturing, compounding, assembly, packaging, Aeatment e
warehousing (excluding explosives and hazardous waste), or treatment of merchandise or
commodities as an accessory use provided that:
(a) The use is accessory to a peFmitted an allowable use within this district.
(b) No outside storage is associated with the use.
(c) The area devoted to the accessory use shall not exceed forty (40) percent of the
gross building floor area.
Subd. 10. Metels and hotels pr-evided that.!
(184)
Formatted: Font: Times New Roman, Bold
Subd. 11. Restaurants not exceeding fifteen (15) percent of the total gross floor area
of the building in which it is located, provided that:
(ba) No drive-through window service shall be provided.
(sb) The storage, preparation, and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon applicable State and County regulations.
Subd. 12. Retail commercial activities, personal services and food service (cafeteria,
delicatessen, coffee house) as an accessory use provided that:
(a) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a -the C-1 Zoning District.
(b) The activity is located within a structure whose principal use is not commercial
sales.
(c) Leeatien.
(4)—All such activities are conducted in a clearly defined area of the principal
building reserved exclusively for such use. Said area must be physically
segregated from other principal activities in the building.
(d) The area devoted to such activity shall not occupy more than fifteen (15) percent
of the gross floor area of the building.
(e) Hours of operation are limited to 6:00 AM to 10:00 PM unless specifically
modified by the City Council.
(f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
(185)
DD3. SECTION 21555.09 (B -C, BUSINESS CAMPUS DISTRICT—INTERIM USES),
SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfilling and land excavation/grading operations; exeept excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
DD4. SECTION 21555.11 (B -C, BUSINESS CAMPUS DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21555.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the B -C District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or existing tower, as regulated
by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit f em the Git•, Engineeras provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
gubd. 4., Other uses of the same general character as those listed as a permitted use --.- Formatted: Font: Times New Roman, Bold
.
in this District.
Subd. 5. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
(186)
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
spe^fieatims standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Solid wall enelesures Should net be used to asstiFe that fire hose stfeaffis ean be
a' + a " F e ith minimal ebstmetien. To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd.6. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 7. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(187)
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
(188)
d. Sales of fireworks,; as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may be utilized used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi -
tenant buildings. Parking on public right-of-way and streets is prohibited; except
(189)
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one 111 temporary outdoor event or sale shall be allowed
per property at any_given time.
Subd. 8. Temporary structures, as regulated by Section 21167 of this Chapter.
(190)
DD5. SECTION 21555.13 (B -C, BUSINESS CAMPUS DISTRICT—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21555.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the B -C District subject to additional requirements,
exceptions, and modifications set forth in this Chapter.
(191)
-- Formatted: Centered
EE. SECTION 21560.03 (I-1, LIGHT INDUSTRIAL DISTRICT—PERMITTED USES) IS
HEREBY AMENDED AS FOLLOWS:
21560.03. PERMITTED USES: The following are permitted uses within the I-1 District:
Subd. 1. Manufacturing or assembly of a wide variety of products that produces no
exterior noise, glare, fumes, obnoxious byproducts or wastes, or creates no other
objectionable impact on the environment. Examples of such uses include fabrication or
assembly of small products such as optical, electronic, pharmaceutical, medical supplies
and equipment.
Subd. 2. Automobile detailing shops.
Subd. 3. Automobile repair, =major.
Subd. 4,. Automobile repair—minor.------ Formatted: Indent: Left: 0.5'
----------------------------------- _
Subd. 45. Contractor operations. Formatted: Font: Times New Roman, Not Bold
Subd. 56. Dry cleaning processing plant and accessory pressing and repairing.
Subd. 67. Essential services and structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. -78. Governmental and public utility (essential service) buildings and
structures, including public works type facilities.
Subd. 89. Laboratories.
Subd. 910. Machine shops.
Subd. 4-011. Mini -storage facilities.
Subd. 4412. Offices related to other allowed uses (limited to fifty (50) percent of the
principal structure).
Subd. 1313. Parks, trails, playgrounds and directly related buildings and structures,
City of Plymouth only.
Subd. 4314. Printingrep sses and publishing facilities.
Subd. 4415. Radio and television stations.
Subd. 4316. Sexually oriented businesses – accessory or principal (as regulated by
Section 21195 of this Chapter).
Subd. 4617. Studios – artist and commercial/portrait photography.
Subd. 4718. Therapeutic massage, if there are medical, dental or chiropractic offices or
clinics as legal non -conforming uses on the premises.
Subd. 4819. Trade schools.
Subd. 4920. Vending companies.
Subd. 2021. Warehousing and indoor storage excluding explosives and hazardous
waste.
Subd. 2422. Wholesale showrooms.
(192)
EE1. SECTION 21560.05 (I-1, LIGHT INDUSTRIAL DISTRICT—ACCESSORY USES)
IS HEREBY AMENDED AS FOLLOWS:
21560.05. ACCESSORY USES: The following are permitted accessory uses within the 1-1
District:
Subd. 21. Commemial er busifies . Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Sections 21105.11
and 21135 of this Chapter, including parking and loading of semi -trailer trucks.
Subd. 5. Parking ramps as an accessory use.
Subd. 6. Radio and television receiving antennas including single satellite dish
TGVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 7. Signs, as regulated by Section 21155 of this Chapter.
EE2. SECTION 21560.07 (I-1, LIGHT INDUSTRIAL DISTRICT—CONDITIONAL USES)
IS HEREBY AMENDED AS FOLLOWS:
21560.07. CONDITIONAL USES: The following are conditional uses in the I-1 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
Subd. 1. Accessory retail, accessory rental, or accessory service activity other than
that allowed as a permitted use or conditional use within this Section, provided that:
(193)
(a) Such accessory use is allowed as a permitted use in a business district.
(b) Such accessory use does not occupy more than twenty-five (25) percent of the
gross floor area of its associated principal use, or more than five thousand (5,000) square
feet, whichever is less.
(c) Such accessory use is completely enclosed within a principal structure.
(Amended by Ord. No. 2007-05, 01/23/07)
Subd 2. Automobile repair—servicing of motor freight vehicles and heavy
construction equipment-, directly related accessory materials and parts sales for such repair and
servicing (not including new or used vehicle sales): and accessory materials and parts
warehousing which is related to and dependent upon such uses provided that:
a) All servicing of vehicles and equipment shall occur entirely within the principal
structure.
(b) To the extent required by State law and regulations, painting shall be conducted in
an approved paint booth which thoroughly controls the emission of fumes, dust, or other
particulate matter.
(c) Storage and use of all flammable materials, including liquid and rags, shall
conform to applicable provisions of the Minnesota State Fire Code.
(d) Parking driveway, and circulation standards and requirements shall be subject to
the review and approval of the Cid and shall be based upon the specific needs of the
operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks.
(e) The storage of damaged vehicles and vehicle parts and accessory equipment must
be completely inside a principal or accessory building.
(fThe sale of products other than those specifically mentioned in this Section shall
be subject to a separate conditional use permit.
Subd. 23. Buildings in excess of height limitations as specified in Section 21560.13
of this Chapter, provided that:
(a) For each additional five (5) feet in fee -height as ealeulaed by the Minnesota
State Building -Coa , which is -above the maximum building height-allewed by Seetier�
21560.13 of this Ghaptf- specified in this district, the front and side yard setback
requirements shall be increased by one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
(194)
Subd. 34. Commercial and public radio and television transmitting antennas, and
public utility microwave antennas, as regulated by Section 21175 of this Chapter.
Subd. 45. Commercial, private and public satellite dish transmitting or receiving
antennas in excess of two (2) meters in diameter, as regulated by Section 21175 of this Chapter.
Subd. 56. Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
Subd. 67. Day care facilities, accessory, provided that: the use complies with Section
21150 of this Chapter.
Subd. -78. Essential services and structures requiring a conditional use permit
pursuant to Section 21160 of this Chapter.
Subd. 89. Helistops, as regulated by Section 21193 of this Chapter.
Subd. 9. Living a fte...... hien e previded as an aeeesseFy e to a prineipal .
.
(a) The fiving quafter-s shall net be used as rental pfef,----- Formatted: Indent: Left: 0.5", Numbered +
Level: 1 + Numbering Style: a, b, c, ... + Start
at: 1 + Alignment: Left + Aligned at: 2.06" +
(b) Afniodmum of one () . eh dwelling unit shall be allowed. h Tab after: 2.56" + Indent at: 2.56", Tab stops:
1", List tab
(e) Thee shad be a defne.,..tfeAed and d,.,.,... ented need for . eh a f edit., (e_,._ Formatted: Bullets and Numbering
Formatted: Indent: Left: 0.5", Numbered +
Level: 1 + Numbering Style: a, b, c, ... + Start
at: 1 + Alignment: Left + Aligned at: 2.06" +
Subd. 10. Miner autemebile repair-; seMeing ef meter- ffeight -yehieles and hem,), Tab after: 2.56" + Indent at: 2.56", Tab stops:
eenstfue4ien equipment; diFeetly related aeeesseF), materials and paFts sales fer- sueh Fepaif 1", List tab
Formatted: Bullets and Numbering
(195)
Subd. 1410. Offices, administrative/commercial (excludes offices/clinics for medical,
dental, or chiropractic services) within the principal structure in excess of that which is allowed
in this district or as a freestanding principal use.
Subd. 4-311. Open eF etAdeutdoor service, sales or rental as an accessory use,
provided that:
(a) The use does not take up parking space as required for conformity to this Chapter.
(b) The area is hard surfaced to control dust.
Subd. 12. Outside storage as an accessory use when abutting any residentially zoned
or used property other than vacant FRD property classified for non-residential use by the Land
Use Guide Plan, provided that:
(a) The storage area is blacktop or concrete surfaced unless specifically approved by
the City Council.
(b) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(196)
(c) All requirements of Section 21105.11 of this Chapter are met.
Subd. 4413. Sports and fitness clubs.
Subd. 4514. Truck or trailer rental operations, provided that:
(a) Rental vehicles and trailers shall be parked on a paved surface that conforms to
Section 21135 of this Chapter.
(b) Parking, driveway, and circulation standards and requirements shall comply with
Section 21135 of this Chapter.
(c) There shall be no outside repair or maintenance of vehicles or trailers.
(d) No outside storage of parts, equipment, or damaged vehicles or trailers shall be
allowed.
(e) Rental vehicles and trailers shall not be parked or stored within a required front
yard area.
EE3. SECTION 21560.09 (1-1, LIGHT INDUSTRIAL DISTRICT—INTERIM USES) IS
HEREBY AMENDED AS FOLLOWS:
21560.09. INTERIM USES: Subject to applicable provisions of this Chapter, the following
are interim uses in the 1-1 District and are governed by Section 21020 of this Chapter.
Subd. 1. Landfilling and land excavation/grading operations exeept excludes
mining operations) involving over 1,000 cubic, as regulated by Section 21185 of this
Chapter.
Subd. 2. Living_ quarters which are provided as an accessory use to a principal
permitted or conditional use listed in this Section, and which are located within the principal
building_ provided that:
(a) The living_ quarters shall not be used as rental property
(b) A maximum of one (1) such living unit shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (e.g,
caretaker, security).
(197)
EE4. SECTION 21560.11 (I-1, LIGHT INDUSTRIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21560.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the I-1 District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas ' located upon
an existing structure or existing tower, as regulated by Section 21175 of this Chapter.
Subd. 2. Antennas not located upon an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 33. Essential services requiring a permit frem the City EAgineer as provided
by Section 21160 of this Chapter.
.15 M."
Subd. 54. Other uses of the same general character as those listed as a permitted use
in this District.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(198)
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
speei€leations standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Selid wall enelesures sheuld net be used to assare that fife hose stfeams ean We
To assure that fire hose
streams can be directed onto such features with minimal obstruction solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. -76. Outside storage as an accessory use when not abutting any residentially
zoned or used property other than vacant FRD property classified for non-residential use by the
Land Use Guide Plan, provided that:
(a) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(b) All requirements of Section 21105.11 of this Chapter are met.
Subd. 87. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 98. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(199)
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
(200)
d. Sales of fireworks -,as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may be utilized used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi -
(201)
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one (1) temporary outdoor event or sale shall be allowed
per property at any given time.
Subd. 409. Temporary structures, as regulated by Section 21167 of this Chapter.
(202)
EE5. SECTION 21560.13 (1-1, LIGHT INDUSTRIAL DISTRICT—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21560.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: _The
following requirements shall be observed in the I-1 District subject to additional requirements,
exceptions, and modifications set forth in this Chapter.
(203)
------rormatted: Centered
FF. SECTION 21565.03 (I-2, GENERAL INDUSTRIAL DISTRICT—PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21565.03. PERMITTED USES: The following are permitted uses within the I-2 District:
Subd. 1. Manufacturing or assembly of a wide variety of products that produces no
exterior noise, glare, fumes, obnoxious byproducts or wastes, or creates no other
objectionable impact on the environment. Examples of such uses include fabrication or
assembly of small products such as optical, electronic, pharmaceutical, medical supplies
and equipment.
Subd. 2. Automobile detailing shops.
Subd. 3. Automobile repair, —major.
Subd. 4? Automobile repair, minor. Formatted: Font: Times New Roman, Not (sold
Subd. 45. Bakeryies, wholesale. Formatted: Indent: Left: 0.5"
Subd. 56. Contractor operations.
Subd. 67. Distribution centers.
Subd 8Da cleaning processing plant and accessory pressing and repairing. Formatted: Font: Mmes New Roman, Bold
permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 710. Food processing.
Subd. 811. Governmental and public utility (essential service) buildings and
structures, including public works type facilities.
Subd. 912. Laboratories.
Subd. 47013. Machine shops.
Subd. 1414. Mini -storage facilities.
Subd. 4-215. Offices related to other allowed uses (limited to fifty (50) percent of the
principal structure).
Subd. 1316. Parks, trails, playgrounds and directly related buildings and structures,
City of Plymouth only.
Subd. 1417. Printingrep sses and publishing facilities.
Subd. 4518. Radio and television stations.
Subd. 1619. Sexually oriented businesses – accessory or principal (as regulated by
Section 21195 of this Chapter).
Subd. 4-20. Studios – artist and commercial/portrait photography.
Subd.1S21. Therapeutic massage, if there are medical, dental or chiropractic offices or
clinics aslegal non -conforming uses on the premises.
Subd. 1922. Trade schools.
Subd. 3923. Truck terminals.
Subd. 31124. Vending companies.
Subd. 3325. Warehousing and indoor storage excluding explosives and hazardous
waste.
Subd. 3326. Wholesale showrooms.
(204)
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Indent: Left: 0.5', First line: 0"
Formatted: Font: Times New Roman, Bold
FF1. SECTION 21565.05 (I-2, GENERAL INDUSTRIAL DISTRICT—ACCESSORY
USES) IS HEREBY AMENDED AS FOLLOWS:
21565.05. ACCESSORY USES: The following are permitted accessory uses within the 1-2
District:
Subd. 1. AeeesseFy uses ineidental emd eustefnai-y to the uses listed as pei:mitted-,
..ditienal, ' „te..:...send uses by administrative p .. it in this Seetie«
Subd. .21. Ce., me~eial e- business Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Sections 21105.11
and 21135 of this Chapter, including parking and loading of semi -trailer trucks.
Subd. 5. Parking ramps as an accessory use.
Subd. 6. Radio and television receiving antennas including single satellite dish
TGVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 7. Signs, as regulated by Section 21155 of this Chapter.
FF2. SECTION 21565.07 (I-2, GENERAL INDUSTRIAL DISTRICT—CONDITIONAL
USES) IS HEREBY AMENDED AS FOLLOWS:
21565.07. CONDITIONAL USES: The following are conditional uses in the I-2 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
Subd. 1. Accessory retail, accessory rental, or accessory service activity other than
that allowed as a permitted use or conditional use within this Section, provided that:
(205)
(a) Such accessory use is allowed as a permitted use in a business district.
(b) Such accessory use does not occupy more than twenty-five (25) percent of the
gross floor area of its associated principal use, or more than five thousand (5,000) square
feet, whichever is less.
(c) Such accessory use is completely enclosed within a principal structure.
Subd.2. Automobile repair—servicing of motor freight vehicles and heavy
construction equipment,• directly related accessory materials and parts sales for such repair and
servicing (not including new or used vehicle sales); and accessory materials and parts
warehousing which is related to and dependent upon such uses provided that:
(a) All servicing of vehicles and equipment shall occur entirely within the principal
structure.
(b) To the extent required by State law and regulations, painting shall be conducted in
an approved paint booth which thoroughly controls the emission of fumes dust, or other
particulate matter.
(c) Storage and use of all flammable materials, including liquid and rags, shall
conform to applicable provisions of the Minnesota State Fire Code.
(d) Parking driveway, and circulation standards and requirements shall be subject to
the review and approval of the City and shall be based upon the specific needs of the
operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks.
(e) The storage of damaged vehicles and vehicle parts and accessory equipment must
be completely inside a principal or accessory building.
(fl The sale of products other than those specifically mentioned in this Section shall
be subject to a separate conditional use permit.
Subd. 33. Automotive towing businesses with outdoor tow yard, provided that:
(a) The towing business shall be located at least five hundred (500) feet from any
residential property line.
(b) Towed vehicles shall be parked on a paved surface that conforms to Section
21135 of this Chapter.
(c) Towed vehicles shall be located in the rear or side yard, shall be screened with
materials of at least ninety (90) percent opacity, and shall screen views from adjoining
properties and public streets.
(206)
(d) There shall be no outside repair or maintenance of vehicles.
(e) No crushing, stacking, or dismantling of vehicles shall be allowed.
(f) There shall be no outside storage of parts or equipment.
(g) Any leaking fluids from damaged vehicles shall be collected in the tow yard and
shall be disposed of in an approved manner.
(h) All tow trucks or service vehicles related to the business shall be parked within
the designated tow yard.
(i) Vehicles stored in the tow yard shall be parked in the designated parking stalls
identified on the approved site plan for the tow yard.
0) The tow yard shall not take up parking space as required for conformity to this
Chapter.
(k) Impounded vehicles shall not be located in a tow yard for a period exceeding
ninety (90) days, unless a longer time frame is required by a governmental agency.
(Amended by Ord. No. 2006-16, 06/27/06)
Subd. 34. Buildings in excess of height limitations as specified in Section 21565.13
of this Chapter, provided that:
(a) For each additional five (5) feet in fse&height as ealetilated by the Minneseta
Stae Building Cede which is above the maximum building height allewed-by-See�ieu
21565.19 of this Chapter- specified in this district, the front and side yard setback
requirements shall be increased by one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 45. Commercial and public radio and television transmitting antennas, and
public utility microwave antennas, as regulated by Section 21175 of this Chapter.
Subd. 56. Commercial, private and public satellite dish transmitting or receiving
antennas in excess of two (2) meters in diameter, as regulated by Section 21175 of this Chapter.
Subd. 67. Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
Subd. -78. Day care facilities, accessory, provided that: the use complies with Section
21150 of this Chapter.
(207)
(a) The use eernplies with Seetion 21150 of this Chapter-.
Subd. 89. Dog day/overnight boarding use, provided that:
(a) The dog daycare/overnight boarding business is located at least five hundred (500)
feet from any residential property line.
(b) An eight (8) -foot high solid fence is constructed to fully enclose any outdoor play
areas.
(c) Dogs are kept indoors for overnight boarding.
(d) A kennel license is obtained for the site, pursuant to Section 915 of the City Code.
(Amended by Ord. No. 2007-11, 05/22/07)
Subd.910. Essential services and structures requiring a conditional use permit
pursuant to Section 21160 of this Chapter.
Subd. 4-011. Helistops, as regulated by Section 21193 of this Chapter.
Formatted: Indent: Left: 0.5", First line: 0",
Numbered + Level: 1 + Numbering Style: a, b,
C'
... + Start at: 1 + Alignment: Left + Aligned
at: 2.06" + Tab after: 2.56" + Indent at:
2.56", Tab stops: 1", List tab
Formatted: Bullets and Numbering
(e) St f all flbltielud:., liquid_ and sh ti
o and e e a . ae materials, ��
eenfeffn with applieable provisions of the Minnesota State Fire Code.
(208)
Subd. 4312. Offices, administrative/commercial (excludes offices/clinics for medical,
dental, or chiropractic services) within the principal structure in excess of that which is allowed
in this district or as a freestanding principal use.
Subd. 4.513. Apen—er eutdeer•—Outdoor service, sales or rental as an accessory use,
provided that:
(a) The use does not take up parking space as required for conformity to this Chapter.
(b) The area is hard surfaced to control dust.
Subd. 14. Outside storage as an accessory use when abutting any residentially zoned
or used property other than vacant FRD property classified for non-residential use by the Land
Use Guide Plan, provided that:
(a) The storage area is blacktop or concrete surfaced unless specifically approved by
the City Council.
(b) The storage area does not take up parking space or loading space as required for
conformer to this Chapter.
(c) All requirements of Section 21105.11 of this Chapter are met.
(209)
Subd. 4615. Sports and fitness clubs.
Subd. 4416. Truck or trailer rental operations, provided that:
(a) Rental vehicles and trailers shall be parked on a paved surface that conforms to
Section 21135 of this Chapter.
(b) Parking, driveway, and circulation standards and requirements shall comply with
Section 21135 of this Chapter.
(c) There shall be no outside repair or maintenance of vehicles or trailers.
(d) No outside storage of parts, equipment, or damaged vehicles or trailers shall be
allowed.
(e) Rental vehicles and trailers shall not be parked or stored within a required front
yard area.
FF3. SECTION 21565.09 (I-2, GENERAL INDUSTRIAL DISTRICT—INTERIM USES) IS
HEREBY AMENDED AS FOLLOWS:
21565.09. INTERIM USES: _Subject to applicable provisions of this Chapter, the
following are interim uses in the I-2 District and are governed by Section 21020 of this Chapter.
Subd. 1. Landfilling and land excavation/grading operations exeopt .(excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
Subd. 2. Living quarters which are provided as an accessory use to a principal
permitted or conditional use listed in this Section, and which are located within the principal
building, provided that:
(a) The living_ quarters shall not be used as rental propert.
(b) A maximum of one (1) such living unit shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (e.g.,
caretaker, security).
(210)
FF4. SECTION 21565.11 (I-2, GENERAL INDUSTRIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21565.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the 1-2 District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas ' located upon
an existing structure or existingtower, as regulated by Section 21175 of this Chapter.
Subd. 2. Antennas not located upon an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 23. Essential services requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 3. Essential sei-Aee s4ruetures (as defined by See4ien 21005 ef this Chapter)
that do net exeeed five (5) fiaet in height or twenty (20) fiaet in area, neeessaim), fef the ,
safiat�, and general wel%fe efthe City, exeluding publie werks type f6eilities and uses, previ
that -
storage
Subd. 4. bandfilling and land vwavatien�gfading operations, exeept mining, as-
fegulated by Seetien 21185 of this Chapter.
Subd. 54. Other uses of the same general character as those listed as a permitted use
in this District.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(211)
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
speei€tsations standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Selid wall enelestir-es sheuld not be used te assure theA fire hese streams em b-e
dir-eeted ante .. eh f aai fes with in al ew. tFae ie.. To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. 76. Outside storage as an accessory use when not abutting any residentially
zoned or used property other than vacant FRD property classified for non-residential use by the
Land Use Guide Plan, provided that:
(a) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(b) All requirements of Section 21105.11 of this Chapter are met.
Subd. 87. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 18. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(212)
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(43) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
(213)
d. Sales of fireworks -,-as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may be utilize used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi -
(214)
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
Not more than one (1) temporary outdoor event or sale shall be allowed
per property at any given time.
Subd. 4.09. Temporary structures, as regulated by Section 21167 of this Chapter.
(215)
FF5. SECTION 21565.13 (I-2, GENERAL INDUSTRIAL DISTRICT—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21565.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: _The
following requirements shall be observed in the I-2 District subject to additional requirements,
exceptions, and modifications set forth in this Chapter.
(216)
GG. SECTION 21570.05 (I-3, HEAVY INDUSTRIAL DISTRICT—PERMITTED USES)
IS HEREBY AMENDED AS FOLLOWS:
21570.05. PERMITTED USES: The following are permitted uses in the I-3 District:
Subd. 1. Manufacturing or assembly of a wide variety of products that produces no
exterior noise, glare, fumes, obnoxious byproducts or wastes, or creates no other
objectionable impact on the environment. Examples of such uses include fabrication or
assembly of small products such as optical, electronic, pharmaceutical, medical supplies
and equipment.
Subd. 2. Automobile detailing shops.
Subd. 3. Automobile repair, =major.
Subd. 4. Automobile repair—minor. -•..- Formatted: Font: Times New Roman, Not Bold
Subd. 45. Bakeryies, wholesale. Formatted: Indent: Left: o.5
Subd. 56. Contractor operations.
Subd. 67. Distribution centers.
Subd. 8,
Da cleaning processingplant and accessory pressing and repairing.
t. Times New Roman, Bold
-MFormatted:
Subd. 9,
Essential services and structures, except those requiring administrative-.
t: Times New Roman, Bold
permits or conditional use permits pursuant to Section 21160 of this Chapter.
ent: Left: 0.s', First line: 0"
Subd. -710.
Food processing.
t: Times New Roman, Bold
Subd. 811.
Governmental and public utility (essential service) buildings and
structures, including public works type facilities.
Subd. 912.
Heavy industry.
Subd. -1013.
Laboratories.
Subd. 4-1-14.
Machine shops.
Subd. 1315.
Mini -storage facilities.
Subd. U716.
Offices related to other allowed uses (limited to fifty (50) percent of the
principal structure).
Subd. 4417.
Parks, trails, playgrounds and directly related buildings and structures,
City of Plymouth only.
Subd. 4518.
Printingrep sses and publishing facilities.
Subd. 4619.
Radio and television stations.
Subd. 4-720.
Sexually oriented businesses - accessory or principal (as regulated by
Section 21195 of this Chapter).
Subd. 4-821.
Studios - artist and commercial/portrait photography.
Subd. 1922,
Therapeutic massage, if there are medical, dental or chiropractic offices or
clinics as legal non -conforming uses on the premises.
Subd. 2023.
Trade schools.
Subd. 2424.
Truck terminals.
Subd. 2325.
Vending companies.
Subd. 2326.
Warehousing and indoor storage excluding explosives and hazardous
waste.
Subd. 2427.
Wholesale showrooms.
(217)
GG1. SECTION 21570.07 (I-3, HEAVY INDUSTRIAL DISTRICT—ACCESSORY USES)
IS HEREBY AMENDED AS FOLLOWS:
21570.07. ACCESSORY USES: The following are permitted accessory uses within the I-3
District:
Subd. 21. .,,... me.eial ,._ 1.,...ines- Accessory buildings and structures for a use
accessory to the principal use provided such structure shall not exceed thirty (30) percent of the
gross floor space of the principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
Subd. 3. Fences, as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Sections 21105.11
and 21135 of this Chapter, including parking and loading of semi -trailer trucks.
Subd. 5. Parking ramps as an accessory use.
Subd. 6. Radio and television receiving antennas including single satellite dish
TGVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 7. Signs, as regulated by Section 21155 of this Chapter.
GG2. SECTION 21570.09 (I-3, HEAVY INDUSTRIAL DISTRICT—CONDITIONAL
USES) IS HEREBY AMENDED AS FOLLOWS:
21570.09. CONDITIONAL USES: The following are conditional uses in the I-3 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
Subd. 1. Accessory retail, accessory rental, or accessory service activity other than
that allowed as a permitted use or conditional use within this Section, provided that:
(218)
(a) Such accessory use is allowed as a permitted use in a business district.
(b) Such accessory use does not occupy more than twenty-five (25) percent of the
gross floor area of its associated principal use, or more than five thousand (5,000) square
feet, whichever is less.
(c) Such accessory use is completely enclosed within a principal structure.
Subd.2. Automobile repair—servicing of motor freight vehicles and heavy
construction equipment, directly related accessory materials and parts sales for such repair and
servicing (not including new or used vehicle sales): and accessory materials and parts
warehousing which is related to and dependent ulon such uses provided that:
(a) All servicing of vehicles and equipment shall occur entirely within the principal
structure.
(b) To the extent required by State law and regulations, painting shall be conducted in
an approved paint booth, which thoroughly controls the emission of fumes, dust, or other
particulate matter.
(c) Storage and use of all flammable materials, including liquid and rags, shall
conform to applicable provisions of the Minnesota State Fire Code.
(d) Parking, driveway, and circulation standards and requirements shall be subject to
the review and approval of the City and shall be based upon the specific needs of the
operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks.
(e) The storage of damaged vehicles and vehicle parts and accessory equipment must
be completely inside a principal or accessory building.
(fj The sale of products other than those specifically mentioned in this Section shall
be subject to a separate conditional use permit.
Subd. 23. Automotive towing businesses with outdoor tow yard, provided that:
(a) The towing business shall be located at least five hundred (500) feet from any
residential property line.
(b) Towed vehicles shall be parked on a paved surface that conforms to Section
21135 of this Chapter.
(c) Towed vehicles shall be located in the rear or side yard, shall be screened with
materials of at least ninety (90) percent opacity, and shall screen views from adjoining
properties and public streets.
(219)
(d) There shall be no outside repair or maintenance of vehicles.
(e) No crushing, stacking, or dismantling of vehicles shall be allowed.
(f) There shall be no outside storage of parts or equipment.
(g) Any leaking fluids from damaged vehicles shall be collected in the tow yard and
shall be disposed of in an approved manner.
(h) All tow trucks or service vehicles related to the business shall be parked within
the designated tow yard.
(i) Vehicles stored in the tow yard shall be parked in the designated parking stalls
identified on the approved site plan for the tow yard.
0) The tow yard shall not take up parking space as required for conformity to this
Chapter.
(k) Impounded vehicles shall not be located in a tow yard for a period exceeding
ninety (90) days, unless a longer time frame is required by a governmental agency.
Subd. 34. Buildings in excess of height limitations as specified in Section 21570.15
of this Chapter, provided that:
(a) For each additional five (5) feet in reef -height as ealeulated by the Minnesota
ReAe Building Cede, above the maximum building height-allewed by Seetie}3
21570.15 of this Chapter specified in this district, the front and side yard setback
requirements shall be increased by one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 45. Commercial and public radio and television transmitting antennas, and
public utility microwave antennas, as regulated by Section 21175 of this Chapter.
Subd. 56. Commercial, private and public satellite dish transmitting or receiving
antennas in excess of two (2) meters in diameter, as regulated by Section 21175 of this Chapter.
Subd. 67. Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
Subd. -78. Day care facilities, accessory, provided that. the use complies with Section
21150 of this Chapter.
(a) The use eernplies with SeMen 21150 eft -his Chapter-.
(220)
Subd. 89. Essential services and structures requiring a conditional use permit
pursuant to Section 21160 of this Chapter.
Subd. 910. Helistops, as regulated by Section 21193 of this Chapter.
Subd. 1411. Offices, administrative/commercial (excludes offices/clinics for medical,
dental, or chiropractic services) within the principal structure in excess of that which is allowed
in this district or as a freestanding principal use.
(221)
Subd. 4-412. Open eF eutdoop-Outdoor service, sales or rental as an accessory use,
provided that:
(a) The use does not take up parking space as required for conformity to this Chapter.
(b) The area is hard surfaced to control dust.
Subd. 13. Outside storage as an accessory use when abutting any residentially zoned
or used property other than vacant FRD property classified for non-residential use by the Land
Use Guide Plan, provided that:
(a) The storage area is blacktop or concrete surfaced unless specifically pproved by
the City Council.
(b) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(c) All requirements of Section 21105.11 of this Chapter are met.
Subd. 4514. Sports and fitness clubs.
Subd. 4615. Storage,-useLor manufactureing of
, gasoline, crude oil,
bulk fuel or ether -similar liquid storage as a principal use, provided that:
(a) A drainage system subject to the approval of the City shall be installed.
(b) There be no outside storage except as allowed under the conditional use permit,
provided compliance with Section 21105.11 of this Chapter would be met.
Subd. 4716. Truck or trailer rental operations, provided that:
(222)
(a) Rental vehicles and trailers shall be parked on a paved surface that conforms to
Section 21135 of this Chapter.
(b) Parking, driveway, and circulation standards and requirements shall comply with
Section 21135 of this Chapter.
(c) There shall be no outside repair or maintenance of vehicles or trailers.
(d) No outside storage of parts, equipment, or damaged vehicles or trailers shall be
allowed.
(e) Rental vehicles and trailers shall not be parked or stored within a required front
yard area.
Subd. 1517. Waste facilities, provided that:
(4a) All applicable federal, state and/or county permits are obtained including, but not
limited to:
(al) The Federal Environmental Protection Agency (EPA).
(b2) The Minnesota Pollution Control Agency (MPCA).
(e3) The Minnesota Department of Natural Resources (DNR).
(2b) Any applicable environmental review requirements outlined in Section 21040 of
this Chapter are satisfactorily met.
(3c) A financial guarantee in a form deemed acceptable by the City Attorney is
provided to ensure the following minimum activities:
(al) Completion of site improvements.
(b2) Emergency clean up and correction.
(e3) Closure and post closure activities.
(4d) The facility is subject to periodic monitoring as determined by the City.
(15ee) The facility is provided a minimum of two (2) independent emergency access
escape routes, neither of which may traverse residentially zoned areas.
(6f) The facility is set back a minimum one thousand (1,000) feet from all storm water
holding areas, natural drainage facilities and wetlands.
(223)
(7g) All storm water runoff is held on site prior to release into natural drainageways
and the City's storm drainage system.
(81) The outside storage of materials, containers or disposal facilities involving
hazardous waste is prohibited.
(%) The outside storage of materials, containers or disposal facilities involving non-
hazardous materials is enclosed and screened as outlined in Section • 21130 of this
Chapter.
(401) The loading and/or unloading of waste materials is conducted within buildings
and upon an impermeable floor surface.
(43k) All development, operation, maintenance and closure/conversion plans are subject
to City approval.
(431) A sign indicating the facility's inventory of waste materials by type and location is
posted at the main entrance of the site.
(43m) All hazardous waste materials stored on the site are clearly designated.
(44n All facility employees are subject to emergency training programs, the procedures
and techniques of which are subject to City approval.
(430) Emergency preparedness plans which:
(1) Establish procedures for handling ruptures, spills and the like.
(2) Alert applicable agencies and area property owners.
(3) Establish provisions for emergency evacuation that are provided to and
approved by the City.
(46p) All containers used for the outside storage of waste materials are properly cleaned
prior to storage and maintained in a clean manner so as not to attract vectors or cause
objectionable odors.
GG3. SECTION 21570.11 (1-3, HEAVY INDUSTRIAL DISTRICT—INTERIM USES) IS
HEREBY AMENDED AS FOLLOWS:
21570.11. INTERIM USES: Subject to applicable provisions of this Chapter, the following
are interim uses in the 1-3 District and are governed by Section 21020 of this Chapter.
(224)
Subd. 1. Landfilling and land excavation/grading operations exeept—(excludes
mining operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
Subd. 2. Living quarters which are provided as an accessory use to a principal
permitted or conditional use listed in this Section, and which are located within the principal
building provided that:
(a) The living quarters shall not be used as rental property
(b) A maximum of one (1) such living unit shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (e.g,
caretaker, security).
GG4. SECTION 21570.13 (I-3, HEAVY INDUSTRIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21570.13. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the I-3 District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas ineluding neeessaFy equipment building eAd tewmiocated upon
an existing structure or existingtower, ower, as regulated by Section 21175 of this Chapter.
Subd. 2. Antennas not located upon an existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 33. Essential services requiring a permit &efn the City EngineeF as provided
by Section 21160 of this Chapter.
Subd. 3. ESSeRtial Sef-Vi8e StMetWes (as defined by Seetien 21005 ef this Chapteo
theA de net e�eeeed five (5) fieet in height er- Vvventy (20) feet in afea, neeessar-y fer the hea W11-1
that:
(225)
Subd. 54. Other uses of the same general character as those listed as a permitted use
in this District.
Subd. 65. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
speei€eeieus standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) Selid wall enelestiFes should not be used to assure that fire hose streams em be
To assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. -76. Outside storage as an accessory use when not abutting any residentially
zoned or used property other than vacant FRD property classified for non-residential use by the
Land Use Guide Plan, provided that:
(226)
(a) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(b) All requirements of Section 21105.11 of this Chapter are met.
Subd.87. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 98. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(33) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(227)
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
d. Sales of fireworks; -as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(228)
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may be utilized used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi -
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(77) Not more than one (1) temporary outdoor event or sale shall be allowed
Der Dronerty at anv ¢iven time.
Subd. X89. Temporary structures, as regulated by Section 21167 of this Chapter.
(229)
GG5. SECTION 21570.15 (I-3, HEAVY INDUSTRIAL DISTRICT—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21570.15. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following requirements shall be observed in the I-3 District subject to additional requirements,
exceptions and modifications set forth in this Chapter:
(230)
---- Formatted: Centered
HH. SECTION 21650.03 (PI, PUBLIC/INSTITUTIONAL DISTRICT—PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21650.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the
following are permitted uses in the PI District:
Subd. 1. Day care facilities as a principal or accessory use.
Subd. 2. Educational facilities; including, and limited to, public and private
accredited nursery, elementary, middle, junior high, and senior high schools_ e-seheels;
Subd. 3. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 4. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. S. Parks, trails, playgrounds, 4aAsr-and outdoor athletic and feefeatieftal
fields and their related buildings, exeept these uses structures, excluding the recreational
facilities requiring a conditional use permit under Section 21650.07, Subd. 18 of this Chapter.
Subd. 6. Private clubs and !edges (may serve food and beverages).
Subd. 7. Publicly owned civic or cultural buildings, such as libraries, city offices,
fire stations, auditoriums, public administration buildings and historical developments.
Subd. 8. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 9. Religious institutions, such as chapels, temples, synagogues, and mosques
limited to worship and related social events.
Subd. 10. Residential care facilities such as nursing homes, assisted living facilities
and similar facilities (excludes hospitals, sanitariums or similar institutions).
Subd. 11. Trade schools.
Subd. 12. Tutoringlearning centers.
(231)
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HH1. SECTION 21650.05 (PI, PUBLIC/INSTITUTIONAL DISTRICT—ACCESSORY
USES) IS HEREBY AMENDED AS FOLLOWS:
21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the
following are permitted accessory uses in the PI District:
Subd. 1. Aeeesser-Y uses ineidental and etistemai-y to the uses listed as pefmitted;
Subd. 31. Buildings -Accessory buildings and structures for a use accessory to the
principal use but such structure shall not exceed thirty (30) percent of the gross floor space of the
principal use.
Subd. 2. Accessory uses incidental and customary to the uses listed as permitted,
conditional, interim, and uses by administrative permit in this Section.
1Subd. 3. Farmer's markets, ublically sponsored-----------------------------------------------
Subd.
_______
Subd. 34. Fences, as regulated by Section 21130 of this Chapter.
Subd. 5. Liquor, on -sale, when accessory and customary to the uses listed as
permitted, conditional, interim, and uses by administrative permit in this Section, pursuant to the
required liquor license. (Amended by Ord. No. 98-41, 12/16/98)
Subd. 46. Off-street parking and off-street loading as regulated by Sections 21105.11
and 21135 of this Chapter, including parking and loading of semi -trailer trucks.
Subd. 57. Parking ramps as an accessory use.
Subd. 68. Scoreboards for public parks and public or private schools, provided that:
(a) One scoreboard not exceeding sixteen (16) square feet in height or one hundred
fifty (150) square feet in surface area is allowed per playing field, not including fields
used only for practice; and
(b) No commercial or non-commercial speech shall be permitted on the scoreboard,
except that an organization sponsoring the scoreboard may include identifying
information within the area allowed for the scoreboard.
Subd. -79. Signs, as regulated by Section 21155 of this Chapter.
Owl
(232)
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HH2. SECTION 21650.07 (PI, PUBLIC/INSTITUTIONAL DISTRICT—CONDITIONAL
USES) IS HEREBY AMENDED AS FOLLOWS:
21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the
following are conditional uses in the P -I District and require a conditional use permit based upon
procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the
specific standards and criteria which may be cited below for respective conditional uses, each
request for a conditional use permit shall be evaluated based upon the standards and criteria set
forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located Won an publie existing structure or existing tower,
as regulated by Section 21175 of this Chapter.
Subd. 2. Buildings in excess of height limitations as specified in Section 21650.13
of this Chapter, provided that:
(a) For each additional five (5) feet in reef -height as ealeuleAed by the Minnesota
Swe Building Code, .,.hien is above the maximum building height -allowed -by Seetieu
21650.13 ef this Chapter specified in this district, the front and side yard setback
requirements shall be increased by one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 3. Cemeteries or memorial gardens provided that:
(a) The site is landscaped in accordance with Section 21130.
(b) The use is available to the "public'.
(c) The -All -portions of the use meets the minimum setback requirements for principal
structures.
Subd. 4. Colleges, seminaries, and other similar institutions of higher education.
Subd. 5. Commercial and public radio and television transmitting antennas, ander; Formatted: Font: Times New Roman, Bold
public utility microwave antennas, as regulated by Section 21175 of this Chapter. Formatted: indent: First line: 0.5^
Subd. 56. Community centers.
Subd. 67. Correctional facilities ana�provided that:
(a) Facilities shall comply with all applicable codes and regulations and shall have,
current and in effect, the appropriate state licenses.
(233)
(b) On-site services and treatment shall be for residents and inmates of the facility
only, and shall not be for non-residents or persons outside the facility.
(c) All new buildings or additions to existing buildings shall be consistent with the
scale and character of the buildings in the neighborhood. Exterior building materials
shall also be harmonious with other buildings in the neighborhood.
(d) No correctional facility shall be closer than one thousand three hundred twenty
(1,320) feet from another licensed correctional facility or from any property designated on
the Land Use Guide Plan as residential and/or designated on the official zoning map as
residential.
(e) The conditional use permit is only valid as long as a valid state license is held by
the operator of the facility where such license is required.
(f) Appropriate transition to neighboring property shall be provided by landscaping
and site design consistent with the City ordinances and policies.
aetivities as an wee Fy—e,
Subd. 8. Dog park facilities, provided that:
(a) Any such facility established after January 23, 2007 shall be set back at least
seventy-five (75) feet from residentially zoned or guided property.
(b) Any such facility established after January 23, 2007 shall be completely enclosed
with a fence and gates that are at least five (5) feet high, except that the fencing
requirement may be waived in areas where natural barriers (e.g., wetlands) provide
enclosure for the facility.
(c) Adequate off-street parking shall be provided for the facility, as determined by the
Zoning Administrator based on the size of and anticipated parking needs for the dog park.
(Amended by Ord. No. 2007-05, 01/23/07)
Subd. 9. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 10. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that--
equipment
hat:e uipment is completely enclosed in a permanent structure with no outside storage.
(234)
Subd. 11. Funeral homes and mortuaries.
Subd. 4412. Helistops, as regulated by Section 21193 of this Chapter.
Subd. 1413. Hospitals, sanitariums or similar institutions provided that:
(a) Only the rear yard shall be used for play or recreational areas. Said area shall be
fenced and controlled and screened in compliance with Section 21130 of this Chapter.
(b) All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
,
Subd. 4514. Offices, administrative/commercial.
Subd. 4,615. Offices/clinics for medical, dental, or chiropractic services.
similar f4eilities,
Subd. 41916. Parking lots/ramps, as a principal use.
Subd. 17. Public safety communication towers and antennas, provided that:
(a) Public safety communication towers in excess of one hundred fifty (150) feet in
height shall be located on property not less than ten (10) acres in size.
(235)
(b) Public safety communication towers shall comply with the standards and
requirements of Section 21175.
Subd. 18 Recreational facilities and related structures (e.g., golf courses arenas _ _ Formatted: Front: Times New Roman, sold
stadiums, gymnasiums, and similar uses).
Subd. 20. Reduefien in lot e&ea requirements.
Subd. U19. Residential shelters, in accordance with Section 21190.02 of this Chapter.
Subd. 3320. Retail commercial activities and personal services, provided that:
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a -the C-1 Zoning District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
.
(a)—Publie-sft€Sty-eemraunieatien towers in excess of ene-hundred (150) feet ill
height shall be leeated on pfepefty net less theA ien (10) . .
(b} Publ:e safi t,. eet:e., tewe-s ..hall .l
with the 84anard and
T 'fits of Qeetion 21175.
Subd. 3421. Wind energy conversion systems (WECS), as regulated by Section 21173
of this Chapter. (Amended by Ord. No. 2002-19, 05/14/02) (Amended by Ord. No. 2007-05,
01/23/07)
(236)
HH3. SECTION 21650.09 (PI, PUBLIC/INSTITUTIONAL DISTRICT—INTERIM USES)
IS HEREBY AMENDED AS FOLLOWS:
21650.09. INTERIM USES: Subject to applicable provisions of this Chapter, the following
are interim uses in the PI District and are governed by Section 21020 of this Chapter:
Subd. 1. Landfilling and land excavation/grading operations; exeept .(excludes
mining_ operations) involving over 1,000 cubic yards, as regulated by Section 21185 of this
Chapter.
Subd. 2. Living quarters which are provided as an accessory use to a principal
permitted or conditional use listed in this Section, and which are located within the principal
building, provided that:
(a) The living quarters shall not be used as rental property
(b) A maximum of one (1) such living unit shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (e.g_
caretaker, security).
Subd. 33. Temporary classroom structures for use by public or private schools.
HH4. SECTION 21650.11 (PI, PUBLIC/INSTITUTIONAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21650.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the PI District by administrative permit as may
be issued by the Zoning Administrator.
Subd. 1. Antennas located upon an publie existing structure or existing tower, as
regulated by Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) square feet in area, necessary for the
health, safety and general welfare of the City, excluding public works type facilities and uses,
provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(237)
(b) Landscaping is provided to screen any such storage.
,
regulated by Seet:en 21185 erthis Chapte,.
Subd. 4,s „_ Other uses of the_ same general character_ as those listed as a permitted use ---- Formatted: Font: Times New Roman, Not Bold
in this District - Formatted: Font: Times New Roman, Not Bold
Subd. 5. Outside, above ground storage facilities for fuels used for standby heating
purposes; outdoor generators located two hundred (200) feet or more away from residentially
guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or
containers used in conjunction with the approved principal use, but not for sale. Such features
shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such
features for new developments shall be included with the site plan submitted for review and
approval as required by this Chapter. The location and design of such features for existing
developments shall be subject to the approval of the Zoning Administrator and the following
criteria:
(a) The design, construction, and location of any such features must comply with
State and City codes including appropriate National Fire Protection Association
spm standards, Minnesota State Fire Code requirements, and manufacturer's
specifications.
(b) An accurate site plan for the development based upon a certified survey shall be
submitted showing to scale the location of such features, including any fencing and
landscaping related to safety or screening.
(c) gelid wall a eleser-e.. sheuld net be used to n e ..ea ffis n .� be
\\ thet fire hese stTo assure that fire hose
streams can be directed onto such features with minimal obstruction, solid wall
enclosures shall not be used.
(d) Such features must be located so as not to obstruct approved parking spaces,
driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
Section, "signage" includes words, graphics, logos, and symbols.
(f) Outdoor generators located less than two hundred (200) feet from residentially
guided or zoned property shall require the approval of a site plan (or site plan
amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. 6. Outside storage as an accessory use provided that:
(238)
(a) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(b) All requirements of Section 21105.11 of this Chapter are met.
Subd. 7. Temporary meteorological equipment and associated tower, as regulated
by Section 21173 of this Chapter.
Subd. 8. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 9. Temporary outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year. Multi -tenant buildings with less than five (5) lease -
spaces shall be considered as a single property for purposes of this provision.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, sales of fireworks, seasonal merchandise sales
(239)
(except Christmas trees), and transient merchant and transient produce merchant
sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
d. Sales of fireworks; -as shall also be regulated by Section 1110 of the
City Code.
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
(240)
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site.
(2) Tents, stands, and other similar temporary structures may betitilized used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
Zoning Administrator who shall consider the nature of the event and the
applicable parking requirements of Section 21155. Consideration shall be given
to the parking needs and requirements of other occupants in the case of multi-
tenant buildings. Parking on public right-of-way and streets is prohibited; except
that parking on local streets may be allowed on Saturday and Sunday only,
provided that the petitioner arranges for traffic control by authorized enforcement
officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the event.
The Zoning Administrator may authorize special signage for purposes of traffic
direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(5) The approved permit shall be displayed on the premises for the duration of
the event.
(6) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(7) Not more than one (1) temporary outdoor event or sale shall be allowed
Der nrooertv at anv eiven time.
Subd. 10. Temporary structures, as regulated by Section 21167 of this Chapter.
(241)
HH5. SECTION 21650.13 (PI, PUBLIC/INSTITUTIONAL DISTRICT—LOT AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21650.13. —AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS:
The following requirements shall be observed in the PI District subject to additional
reauirements. exceptions, modifications set forth in this Chanter:
(242)
II. SECTION 21655.10 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—
GENERAL REQUIREMENTS) IS HEREBY AMENDED BY ADDING SUBD. 6 AS
FOLLOWS:
Subd. 6, A PUD final plan shall ex ire one (1) year from the date of its approval,
unless: 1) the applicant commences the authorized use within that period; or 2) the applicant
applies for an extension before the expiration of the one (1) year period. The request for
extension shall state facts showing a good faith attempt to complete or commence the use
permitted by the PUD final plan. A request for an extension not exceeding one (1) additional
year shall be subject to the review and approval of the Zoning Administrator. Should a second
extension of time or any extension of time longer than one (1) additional year be requested by the
applicant, it shall be presented to the City Council for a decision.
Il 1. SECTION 21655.32 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—THE
PLYMOUTH SHOPPING CENTER PUD) IS HEREBY REPEALED AS FOLLOWS:
21655.32 [REPEALEDI. Reselutiens 2003 188, en file in the Offlee ef Zoning Adfninistmtef under- File .
Subd. 1. Legal Desefiptien. This PUD is legally deser-ibed as r-eferenee
•
plans Feeeiyed by the Gity eft Febmai=), 19, 2003, e3teept as amended by City Getifleil Reselu4iefl
2003 188, en file in the Offlee ef the Zoning Administfater under- File 20030
_ " _
' _
(243)
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JJ. SECTION 21665.03 (SHORELAND MANAGEMENT OVERLAY DISTRICT—
GENERAL PROVISIONS), SUBD. 1 (a) IS HEREBY AMENDED AS FOLLOWS:
(a) This sSection shall apply to 1Zall riparian parcels of land,s within the jerisdiefien
21 all parcels of land l eg nay within
the shoreland management overlay district, and 3) all parcels of land lying partiallywithin
ithin
the shoreland management overlay_ district that contain greater than two (2) acres. In
cases where a parcel of land is located partially within the shoreland management overlay
district and contains greater than two (2) acres, the provisions of this Section shall apply
only to that portion of the parcel lying within the boundaries of the shoreland
management overlay district. This Section applies to shoreland areas of those public
waters which have been defined and classified by the Commissioner of the Department of
Natural Resources pursuant to Minnesota Statutes and State Regulations, and which are
shown on the Shoreland Management Map which shall be considered a part of the
Official Zoning Map and this Chapter.
111. SECTION 21665.03 (SHORELAND MANAGEMENT OVERLAY DISTRICT—
GENERAL PROVISIONS), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Interpretation of District Boundaries.
(a) The boundaries of the Shoreland Management Overlay District shall be the
shorelands as defined in this Chapter.
(b) The practical limits of shoreland may be less than the statutory limits as set forth
in this sSection whenever the waters involved are bounded by topographic devices which
extend landward from the waters for lesser distances and when approved in writing by the
Commissioner of the Department of Natural Resources.
(c) When interpretation is needed as to the exact location of the boundaries of the
Shoreland Management District on the official Zoning Map, where, for example, there
appears to be a conflict between a mapped boundary and actual field conditions, the City
Engineer shall make the initial interpretation based upon surveys, plans, and other
engineering data provided by the person seeking an interpretation; and, based upon the
plans and other data available to the City including the City's adopted Comprehensive
Storm Water Drainage Plan. The initial interpretation of the City Engineer shall be
referred to the Commissioner of the Department of Natural Resources who shall make a
final determination pursuant to State law and regulations.
(d) Only thm pei4ion ef a pr-epeny within the boundaries ef the Shefeland Overlay
(244)
JJ2. SECTION 21665.04 (SHORELAND MANAGEMENT OVERLAY DISTRICT—
GENERAL DENSITY AND DESIGN STANDARDS), SUBD. 4 IS HEREBY
AMENDED AS FOLLOWS:
Subd. 4. Maximum Impervious Surface Area and Stormwater Management
Standards:
(a) Maximum Impervious Surface Area. The total area of all impervious surfaces ----- Formatted: Right: 0.25"
on at lot shall not exceed twenty-five (25) percent of the total lot area lying above the
ordinary high water level. (Amended by Ord. No. 2004-02, 01/13/04)
(b) Stormwater Management Standards.
(1) Drainage of stormwater from land in the Shoreland Management Overlay- Formatted: Indent: Left: 1"
District shall be by means approved by the City Engineer that maximize the
feasible use of existing natural drainageways, wetlands, and. vegetated soils to
convey, store, filter, and retain stormwater before discharge to public waters.
(e) (2) Development in designated Shoreland Management areas shall minimize------" f Formatted: Indent: Left: 0.5", Hanging: 0.5^
the extent of disturbed areas, runoff velocities, erosion potential, shall reduce and
delay runoff volumes, and shall stabilize and protect disturbed areas consistent
with City regulations and plans approved by the City Engineer.
(d) (3) Devices for stormwater outfall to public waters shall be designed and----"-" f Formatted: Indent: Left: 0.5", Hanging: 0.5"
constructed to filter and settle suspended solids and to skim surface debris before
discharge.
JJ3. SECTION 21665.10 (SHORELAND MANAGEMENT OVERLAY DISTRICT—
VARIANCES) IS HEREBY AMENDED AS FOLLOWS:
21665.10. VARIANCES:
Subd. 1. Requests for variances shall be made in accordance with the procedures
and requirements set forth in Section 21030 of this Chapter.
Subd. 2. Variances shall only be granted when the standards and criteria set forth in
Section 21030 of this Chapter have been met; variances shall not be granted which would
circumvent the purposes and intent of this section.
ubd. 3. Requests --for variances to this Section shall include one 1 or more best - Formatted: Font: Times New Roman, Bold
management practices (BMP's) for controllingor r improving stormwater runoff, as may be
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determined by the City Council. Examples of BMP's include, but are not limited to, rain
gardens, infiltration basins, and riparian buffers.
Subd. -34. A copy of all notices of any Public Hearings scheduled to consider
requests for variances from this section shall be sent to the Commissioner of the Department of
Natural Resources and post marked at least ten (10) days prior to the hearing.
Subd. 45. A copy of the final decision granting a requested variance from this section
shall be sent to the Commissioner of the Department of Natural Resources and post marked
within ten (10) days of the final action.
KK. SECTION 21670.04 (WETLANDS DISTRICT—GENERAL STANDARDS), SUBD.
7 IS HEREBY AMENDED AS FOLLOWS:
Subd. 7. In cases where a site is not subject to the wetland buffer strips and
setbacks required by Section 21670.05, buildings, drive aisles, and parking lots shall be set back
not less than fifteen (15) feet from a wetland edge. (Amended by Ord. No. 2004-02, 01/13/04)
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED on May 12, 2009.
ATTEST:
All
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(246)
Kelli Slavik, Mayor
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
SUMMARY RESOLUTION NO. 2009-123
CITY CODE CHAPTERS 4, 5, 8, 9, 10, AND 11, AND
CHAPTER 21 OF THE PLYMOUTH CITY CODE ENTITLED
THE PLYMOUTH ZONING ORDINANCE
This ordinance amends text of Chapters 4, 5, 8, 9, 10, and 11 of The Plymouth City Code,
and also amends the text of Chapter 21 of The Plymouth City Code entitled The Plymouth
Zoning Ordinance. This ordinance pertains to the annual update to the Zoning Ordinance and
City Code adopted by the City Council on April 28, 2009, and consists of both technical and
substantive amendments, as well as amendments to implement the City's 2030 Comprehensive
Plan. The ordinance contains amendments to the following articles:
SECTION 400 —
BUILDING CODE
SECTION 506 —
SUBDIVISION APPROVAL REQUIRED
SECTION 530 —
TREE PRESERVATION
SECTION 800 —
CONSTRUCTION IN STREETS, ALLEYS AND PUBLIC GROUNDS
SECTION 810 —
ASSESSABLE CURRENT SERVICES
SECTION 811 —
NATURAL PRESERVES
SECTION 915 —
ANIMAL CONTROL
SECTION 930 —
USE OF FIREARMS
SECTION 1015 —
PERMIT PROCEDURES AND FEES
SECTION 1105 — LAWFUL GAMBLING
SECTION 21005
— RULES AND DEFINITIONS
SECTION 21015
— ADMINISTRATION — CONDITIONAL USE PERMITS
SECTION 21045
— SITE PLAN REVIEW
SECTION 21105
— GENERAL BUILDING AND PERFORMANCE STANDARDS
SECTION 21115
— GENERAL YARD, LOT AREA AND BUILDING REGULATIONS
SECTION 21130
— FENCING/SCREENING/LANDSCAPING
SECTION 21135
— OFF-STREET PARKING AND LOADING
SECTION 21155
— SIGN REGULATIONS
SECTION 21170
— ANIMALS
SECTION 21175
— ANTENNAS
SECTION 21190
— SPECIALIZED HOUSING
SECTION 21195
— SEXUALLY ORIENTED USES
SECTION 21350
— FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT
SECTION 21352
— RSF-R,SINGLE FAMILY DETACHED RURAL TO URBAN
TRANSITION DISTRICT
SECTION 21355
— RSF-1,SINGLE FAMILY DETACHED DWELLING DISTRICT 1
SECTION 21360
— RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT 2
Summary Resolution No. 2009-123
Page 2 of 2
SECTION 21365
— RSF-3,
SINGLE FAMILY DETACHED DWELLING DISTRICT 3
SECTION 21370
— RSF-4,
SINGLE AND TWO FAMILY DWELLING DISTRICT
SECTION 21375
— RMF -1,
MULTIPLE FAMILY DWELLING DISTRICT 1
SECTION 21380
— RMF -2,
MULTIPLE FAMILY DWELLING DISTRICT 2
SECTION 21385
— RMF -3,
MULTIPLE FAMILY DWELLING DISTRICT 3
SECTION 21390
— RMF -4,
MULTIPLE FAMILY DWELLING DISTRICT 4
SECTION 21450
— O, OFFICE DISTRICT
SECTION 21455
— C-1, CONVENIENCE COMMERCIAL DISTRICT
SECTION 21460
— C-2, NEIGHBORHOOD COMMERCIAL DISTRICT
SECTION 21465
— C-3, HIGHWAY COMMERCIAL DISTRICT
SECTION 21470
— C-4, COMMUNITY COMMERCIAL DISTRICT
SECTION 21475 — CC, CITY CENTER DISTRICT
SECTION 21550
— C-5, COMMERCIAL/INDUSTRIAL DISTRICT
SECTION 21555
— B -C, BUSINESS CAMPUS DISTRICT
SECTION 21560
— I-1 LIGHT INDUSTRIAL DISTRICT
SECTION 21565
— I-2, GENERAL INDUSTRIAL DISTRICT
SECTION 21570
—1-3, HEAVY INDUSTRIAL DISTRICT
SECTION 21650
— PI- PUBLIC/INSTITUTIONAL DISTRICT
SECTION 21655
— PUD PLANNED UNIT DEVELOPMENT DISTRICT
SECTION 21665
— SHORELAND MANAGEMENT OVERLAY DISTRICT
SECTION 21670
— WETLANDS DISTRICT
A printed copy of the City Code amendments is available for inspection at Plymouth City
Hall during regular office hours.
ADOPTED on May 12, 2009.