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HomeMy WebLinkAboutCity Council Ordinance 2009-15CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2009-15 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE, ALLOWING "LIMITED MOTOR VEHICLE SALES OR LEASING AS A PRINCIPAL OR ACCESSORY USE" WITH A CONDITIONAL USE PERMIT IN THE I-1 AND I-2 ZONING DISTRICTS (2009053) THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment to City Code. Section 21560.07 (I-1, Light Industrial District— Conditional Uses) of the Plymouth City Code 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: (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. (1) Ordinance No. 2009-15 Page 2 of 8 (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. (f) The sale of products other than those specifically mentioned in this Section shall be subject to a separate conditional use permit. Subd. 3. 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 height above the maximum building height 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 and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. Subd. 5. 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. 6. Commercial recreation, indoor (e.g., bowling alleys, roller rinks). Subd. 7. Day care facilities, accessory, provided that the use complies with Section 21150 of this Chapter. Subd. 8. Essential services and structures requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 9. Helistops, as regulated by Section 21193 of this Chapter. (2) V Ordinance No. 2009-15 Page 3 of 8 •------- Formatted: No bullets or numbering, Tab provided 10.Q4 z Limited motor_ vehicle sales or leasing as a principal or accessory use,• . pops: o", Lert p d that: Formatted: Font: Bold . _ Formatted: No bullets or numbering (a) There shall be no outside stora e@ or display of vehicles for sale or lease. Formatted: No bullets or numbering, Tab F stops: 0", Left (b) Not more than five (5) vehicles for sale or lease shall be on the premises at any-1,Formatted: No bullets or numbering given time. Formatted: No bullets or numbering, Tab stops: 0", Left (c) Notwithstanding any other provision of this Chapter, signage related to motor vehicle sales or leasing shall be limited to twenty-four (24) square feet. (d) No temporary signage/advertising devices (e.g., portable signage, banners, ---- pennants, spotlights,skytrackers, inflatables, balloons) shall be allowed. Subd. 47011. 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. 4412. 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. 4.13. 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 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. (c) All requirements of Section 21105.11 of this Chapter are met. Subd. 4414. Sports and fitness clubs. Subd. 47415. Truck or trailer rental operations, provided that: (3) Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering Formatted: Indent: Left: 0" Formatted: Indent: Left: 0.5" Ordinance No. 2009-15 Page 4 of 8 (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. (Amended by Ord. No. 2002-32, 11/26/02) (Amended by Ord. No. 2003-35, 11/25/03) (Amended by Ord. No. 2004-32, 12/14/04) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09) SECTION 2. Amendment to City Code. Section 21565.07 (I-2, General Industrial District— Conditional Uses) of the Plymouth City Code 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: (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 (4) Ordinance No. 2009-15 Page 5 of 8 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. (f) The sale of products other than those specifically mentioned in this Section shall be subject to a separate conditional use permit. Subd. 3. 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. (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. (5) Ordinance No. 2009-15 Page 6 of 8 (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. 4. 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 height above the maximum building height 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. 5. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. Subd. 6. 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. 7. Commercial recreation, indoor (e.g., bowling alleys, roller rinks). Subd. 8. Day care facilities, accessory, provided that the use complies with Section 21150 of this Chapter. Subd. 9. 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. (6) Ordinance No. 2009-15 Page 7 of 8 (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. 10. Essential services and structures requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 11. Helistops, as regulated by Section 21193 of this Chapter. Subd. 12. Limited motor vehicle sales or leasing as a principal or accessory use, provided that: (a,) There shall be no outside storage or display of vehicles for sale or lease. ------ Formatted: Indent: Left: 0.5" (b) Not more than five (5) vehicles for sale or lease shall be on the premises at any given time. (c) Notwithstanding any other provision of this Chapter, signage related to motor vehicle sales or leasinp, shall be limited to twen -four (24) square feet. (d) No temporary signage/advertising devices (e.g.. portable signage, banners, pennants, spotlights,skytrackers, inflatables, balloons) shall be allowed. Subd. 4-213. 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. 1314. 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. 47415. 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: (7) Ordinance No. 2009-15 Page 8 of 8 (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. (c) All requirements of Section 21105.11 of this Chapter are met. Subd. 4-516. Sports and fitness clubs. Subd. 4617. 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. (Amended by Ord. No. 2008-09, 03/25108) (Amended by Ord. No. 2009-07, 05/12/09) SECTION 3. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the City Council on October 13, 2009. �"AWAL Kelli Slavik, Mayor ATTEST: 4446x� Sandra R. Engdahl, Ci Clerk (8)