HomeMy WebLinkAboutCity Council Ordinance 2010-01CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2010-01
AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE,
ENTITLED THE PLYMOUTH ZONING ORDINANCE (2009052)
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendment, Section 21005.01 of the Plymouth City Code (RULES AND
DEFINITIONS—RULES OF WORD CONSTRUCTION) is amended as follows:
21005.01. RULES OF WORD CONSTRUCTION: For the purposes of this Ordinance,
certain terms or words used herein shall be interpreted as follows:
Subd. 1. The word "person" includes an owner or representative of the owner, firm,
association, organization, partnership, trust, company or corporation as well as an individual.
Subd. 2. The present tense includes the future tense.
Subd. 3. The words "shall" and "must" are mandatory; the word "may" is
permissive.
Subd. 4. The singular includes the plural, and the plural the singular.
Subd. 5. All measured distances expressed in feet shall be to the nearest tenth of a
foot.
Subd. -76. Unless specifically exempted, size or area limitations imposed by this
Chapter on a specific use or activity refer to the maximum gross area devoted to such use or
activity in any individual building or structure.
(1)
Subd. 87. For terminology not defined in this Chapter, elsewhere in the City Code,
or in the Minnesota State Building Code, Merriam -Webster's Collegiate Dictionary Tenth
Edition shall be used to define such terms. (Amended by Ord. No. 2002-02, 01/22/02) (Amended
by Ord. No 2002-32, 11/26/02)
Subd. 98. If a conflict arises between the graphic illustrations presented in this code
and the text of this code, the text shall prevail. (Amended by Ord. No. 2001-06, 02/13/01)
SECTION 2. Amendment. Section 21005.02 of the Plymouth City Code (RULES AND
DEFINITIONS—DEFINITIONS) is amended by adding, deleting, or changing the following
definitions as follows:
Antenna, Personal Wireless Service. A device consisting of a metal, carbon fiber, or
other electromagnetically conducive rods or elements, usually arranged in a circular array on a
single supporting pole or other structure, and used for the transmission and reception of wireless
communication radio waves including cellular, internet services, personal communication service
(PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including
the support structure thereof.
SECTION 3. Amendment. Section 21015.07 of the Plymouth City Code
(ADMINISTRATION – CONDITIONAL USE PERMITS—EXPIRATION) is 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 ^e"" issieft er 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 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 Gemmission for a reeemmendatien and to the City Council for a decision.
(Amended by Ord. No. 2009-07, 05/12/09)
(2)
SECTION 4. Amendment. Section 21030.06 of the Plymouth City Code
(ADMINISTRATION — VARIANCES—EXPIRATION) is amended as follows:
21030.06. EXPIRATION: Unless the Board specifically approves a different time when
action is officially taken on the request, approvals which have been issued under the provisions
of this section shall expire without further action by the Planning Gemmissien er the Board,
unless the applicant commences the authorized use or improvement within one (1) year of the
date the variance 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 utilize the approval permitted in the
variance. A request for an extension not exceeding one (1) year shall be subject to the review
and approval of the Zoning Administrator. On matters involving a major variance approval,
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 G,.....,.issien for a o .lotion and to
the -Board for a decision.
SECTION 5. Amendment. Section 21045.09, Subd. 2 of the Plymouth City Code (SITE
PLAN REVIEW—LAPSE OF APPROVAL) is amended as follows:
Subd. 2. An application to extend the approval of a site plan for up to an additional
one (1) year shall be submitted to the Zoning Administrator not less than thirty (30) days before
the expiration of said approval. Such an application shall state the facts of the request, showing a
good faith attempt to utilize the site plan approval, and it shall state the additional time being
requested to begin the proposed construction. The request shall be heard and decided by the
Zoning Administrator prior to the lapse of approval of the original request. A request pertaining
to a major project involving a longer period of time than one (1) year or a second request for a
time extension of a major project shall be presented to the Planning Commission to
reeemmendation and te the ity Council for a decision. Additional requests for a time extension
of a minor project may be approved by the Zoning Administrator, subject to the same procedures
established for the first time extension as outlined above. (Amended by Ord. No 2008-09,
03/25/08)
SECTION 6. Amendment. Section 21045.10 of the Plymouth City Code (SITE PLAN
REVIEW—SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL
GUARANTEE) is amended as follows:
21045.10. SITE IMPROVEMENT PERFORMANCE AGREEMENT AND
FINANCIAL GUARANTEE: Following the approval of the site plan required by this Chapter
and before issuance of a building permit, the applicant, as may be applicable, shall guarantee to
the City the completion of all pr+vate exterior amenities as shown on the approved site plan and
as required by the site plan approval. This guarantee shall be made by means of a site
improvement performance agreement and a financial guarantee as provided below:
(3)
Subd. 1. The applicant shall execute the site improvement performance agreement
on forms provided by the City. The agreement shall be approved as to form and content by the
City Attorney and shall define the required work and reflect the terms of this Section as to the
required guarantee for the performance of the work by the applicant.
Subd.2. The required work includes, but is not limited to, private exterior
amenities such as landscaping, private driveways, parking areas, recreational fields and their
related structures, drainage systems, sidewalks, retaining walls, utility service, water quality
ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and
other similar facilities. The required work shall also include all aspects of a tree preservation
plan and reforestation plan, if applicable. (Amended by Ord. No 2007-05, 01/23/07)
Subd.3. A financial guarantee shall be submitted with the executed site
performance agreement as provided herein:
(a) Financial guarantees acceptable to the City include cash escrow; an Irrevocable
Letter of Credit; or other financial instruments which provide equivalent assurance to the
City and which are approved by the Zoning Administrator.
(b) The term of the financial guarantee shall be for the life of the site improvement
performance agreement, and it shall be the responsibility of the applicant to ensure that a
submitted financial guarantee shall continue in full force and effect until the Zoning
Administrator shall have approved and accepted all of the work undertaken to be done
and shall thereby have released the guarantee or reduced the amount of the guarantee as
provided in this Section. (Amended by Ord. No. 2002-02, 01/22/02)
(c) When any instrument submitted as a financial guarantee contains provision for an
automatic expiration date, after which the instrument may not be drawn upon, not
withstanding the status of the site performance agreement or of the required work, the
expiration date shall be October 31; further, it shall be the responsibility of the applicant
to notify the City in writing, by certified mail, at least sixty (60) days in advance of the
expiration date of the intention to renew the instrument or to not renew the instrument. If
the instrument is to be renewed, a written notice of extension shall be provided thirty (30)
days prior to the expiration date; if the instrument is not to be renewed, and has not been
released by the Zoning Administrator, another acceptable financial guarantee in the
appropriate amount shall be submitted at least thirty (30) days prior to the expiration.
The term of any extension shall be approved by the Zoning Administrator. Upon receipt
of an acceptable substitute financial guarantee, the Zoning Administrator may release the
original guarantee.
(d) The amount of the financial guarantee shall be established by the Zoning
Administrator based upon an itemized estimate of the cost of all required work. A cash
deposit or Irrevocable Letter of Credit shall be in the amount of one hundred (100)
percent of the approved estimated cost. The amount of any other approved financial
instrument shall be determined by the Zoning Administrator.
(4)
(e) The applicant may submit a separate financial guarantee for that portion of the
required work consisting solely of landscaping improvements with another financial
guarantee for all other exterior amenities and improvements which comprise the work.
Subd. 4. The time allowed for completion of the required improvements shall be set
out in the site improvement performance agreement. The agreement and the financial guarantee
shall provide for forfeiture to the City to cure a default or reimburse the City the cost of
enforcement measures. As various portions of such required work are completed by the
applicant and approved by the City, the Zoning Administrator may release such portion of the
financial guarantee as is attributable to such completed work. Landscaping improvements shall
not be deemed complete until the City has verified survivability of all required plantings through
one (1) winter season which is defined for the purpose of this Section as the period 31 October
through 30 April.
§ubd. 5. In addition to com letion of all required site -improvements, a full refund _--.-- Formatted: Font: Bold
or full release of the In
guarantee shall not occur until the applicant has fumished the City
with the applicable record drawings, in accordance with the CitEngineering Guidelines.
Subd. 56. The applicant shall notify the City in writing when all or a portion of the
required improvements have been completed in accordance with the approved plan and may be
inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the
inspection of the improvements to determine that the useful life of all work performed meets the
average standards for the particular industry, profession, or material used in the performance of
the work. Any required work failing to meet such standards shall not be deemed to be complete
and the applicant shall be notified in writing as to required corrections. Upon determination that
the work has been completed, including the winter season survivability of all landscape
improvements, a notice of the date of actual completion shall be given to the applicant and
appropriate action, to release or to reduce the amount of the financial guarantee shall be taken by
the Zoning Administrator.
(5)
SECTION 7. Amendment. Section 21100.02, Subd. 7 of the Plymouth City Code (NON-
CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS—GENERAL
PROVISIONS) is amended as follows:
Subd. 7. Non -Conforming Lots.
(a) Vacant Lots.
(1) Single Family Detached Dwellings. Legal non -conforming, substandard--- Formatted: Indent: Left: 1", First line: a',
as defined b this Chapter) may be developed for Numbered + Level: 1 li Numbering Style: 1, 2,
lots of record that are vacant
( y p ) y p 3, ... + Start at: 1 +Alignment: Left +Aligned
single family detached dwellings upon approval of an administrative permit, at: 1" + Indent at: 1.25"
provided that:
()a. The lot was legally established in accordance with Chapter
requirements existing at the time of its creation and is a separate, distinct
tax parcel.
(2)b. The lot is properly zoned for single family use.
(3)c. Minimum Lot Size.
a:(i) Sewered Lots. A lot of record having direct access to
municipal sewer and water may be developed in accordance with
this Chapter provided measurements for lot area and lot width are
within seventy (70) percent of the requirements of the base -zoning
district where it is located.
b4iij Unsewered Lots. A lot of record not having access to
municipal sewer and water may be developed provided it complies
with Section 21115.08 and other applicable standards of this
Chapter.
(Amended by Ord. No. 2000-06, 02/29/00)
(4)d. The lot has frontage and access on a city -accepted and improved
public street.
(3)e. Public health concerns (potable water and sanitary sewer) can be
adequately addressed.
(,6)L The setback and )'aFd requirements of the applicable zoning district
of—and Section 21115.04 of this Chapter eafl be .eh eved • hile
ehameter and qttalit�, of the immediate area and the ebjeefives ef the Gi"
are met.
(6)
(-ft. The lot and related potential development is evaluated based upon
criteria outlined in Section 21015.02, Subd. 5: and is found to be
acceptable per these standards.
(2) Uses Other Than Single Family Detached Dwellings. Legal non-
conforming, substandard lots of record that are vacant (as defined by this Chapter)
maybe developed upon approval of an administrative permit, together with any
other required approvals (e.g., site plan), provided that:
------- f Formatted: Indent: Left: 1"
a. The lot was legally established in accordance with Chapter
requirements existing at the time of its creation and is a separate, distinct
tax parcel.
b. The lot is properly zoned for the proposed use.
C. A lot of record having direct access to municipal sewer and water
may be developed in accordance with this Chapter provided measurements
for lot area and lot width are within seventy (70) percent of the
requirements of the zoning district where it is located.
d. The lot has frontage and access on a city -accepted and improved
public street.
e. The setback requirements of the applicable zoning district are met.
f. The lot and related potential development is evaluated based upon
criteria outlined in Section 21015.02, Subd. 5 and is found to be
acceptable per these standards.
(b) Developed Lots. An existing conforming use or building on a lot of substandard
lot area or lot width may be restored, altered, replaced, repaired, or expanded provided
such restoration, alteration, replacement, repair, or expansion complies with all other
provisions of this Chapter. (Amended by Ord. No. 2007-05, 01/23/07)
(Amended by Ord. No. 99-5, 01/19/99) (Amended by Ord. No. 2005-01, 01/11/05)
(Amended by Ord. No. 2008-09, 03/25/08)
(7)
SECTION 8. Amendment. Section 21105.02, Subd. 4 of the Plymouth City Code
(GENERAL BUILDING AND PERFORMANCE STANDARDS—DWELLING UNIT
RESTRICTION) is deleted as follows:
Subd4—Eaefgy—eensen,mien designs in housing,
residential dwellings, dllihibid by this f the Chapter-, t_
e et rete
oe , provided theA
impesed by the State and the Minnesota Swe Building Cede.
SECTION 9. Amendment, Section 21105.06, Subd. 5 (c) of the Plymouth City Code
(GENERAL BUILDING AND PERFORMANCE STANDARDS—EXTERIOR LIGHTING) is
amended as follows:
(c) Total site lighting power limits. The following subsection applies to all outdoor
lighting, whether attached to buildings, poles or structures or self-supporting.
(1) The maximum allowed lighting limit shall be determined as follows:
a. Following the rules in Item (2) below, multiply the area (square
footage) of each of the application types in Table 5 by the allowed lamp
wattage per square foot for the appropriate Lighting Zone.
b. Add up the total of the watts for each application type.
C. The power allowance for the application type shall not exceed the
total application limit in Table 5.
(2) Rules
a. Power is not allowed for any use types not listed, except for those items
given in Subd. 6 (Exempt Lighting) and 7 (Special Purpose Lighting) below.
b. Only one application type may be applied to any given area.
C. Canopy allowances include only the area within the drip line area of the
canopy.
d. Areas that are not designed to be illuminated may not be counted toward
the total site limit.
e. The entire area cannot be used for the power allowance.
(8)
Table 5 — Lighting Power Allowances
(maximum watts per square foot, unless otherwise noted)
_
e
r
M3111)
*Parking lots,
Paved areas plus 5 feet of the
0.020 0.040 0.080
plazas,
perimeter of adjacent unpaved
hardscape
land. Includes planters and
lighting,
landscaped areas less than 10
driveways, on
feet wide that are enclosed by
site private
hardscape on at least three sides.
drives
*Sidewalks,
Paved area plus 5 feet of
0.040 0.080 0.15
walkways and
unpaved land on either side of
bikeways
path of travel.
*Building
Width of doors plus 3 feet on
0.35 0.50 0.70
entrances
either side times a distance
without canopy
outward from the building from
the surface of the doors 10 feet.
*Building
Drip line area under canopy. 13
0.10 0.20 0.40
entrances with
watts plus the value in the LZ
canopy, and
columns.
canopies for
drive -up sales,
loading docks,
and general use
Vehicle service
Drip line area under canopy; or
0.30 0.60 1.20
station
500 square feet per double -sided
fuel dispenser unit not under
canopy.
Building
Entire vertical area of facade.
Not allowed 0.18 633-9M
facades
Outdoor sales
Portion of uncovered outdoor
Not allowed 640-0.50 14" 5
lot
sales lot used for display of
vehicles or other merchandise
for sale. All adjacent access
drives, walkway areas, customer
parking areas, vehicle service or
storage areas that are not
surrounded on at least three
sides by sales area shall be
considered hardscape.
Outdoor sales
Valid only for sections of an
Not allowed Not allowed 36-mow/If
frontage
outdoor sales area that are along
(frontage in
the frontage. A comer sales lot
linear feet and
may include both sides provided
the allowance is
that a different principal viewing
per linear foot
location exists for each side.
Ornamental
Entire site.
By 0.010 0.020
lighting
conditional
use permit
only
*There may be minimum lighting requirements pursuant to the Minnesota State Building Code.
(9)
SECTION 10. Amendment. Section 21105.11 of the Plymouth City Code (GENERAL
BUILDING AND PERFORMANCE STANDARDS—OUTSIDE STORAGE/DISPLAY) is
amended as follows:
21105.11. OUTSIDE STORAGE/DISPLAY:
Subd. 1. General Provisions that apply to All Zoning Districts.
(a) Passenger automobiles and trucks not currently licensed by the State, or which are
incapable of movement under their own power due to mechanical deficiency, which are
parked or stored outside for a period in excess of ninety-six (96) hours, and all materials
stored outside in violation of the City Ordinances are considered refuse or junk and shall
be disposed of pursuant to City regulations.
(b) Any accumulation of refuse not stored in containers which comply with City
Code, or any accumulation of refuse including car parts
is hereby declared to be a nuisance and may be abated by
order of the Zoning Administrator, as provided by Minnesota Statutes and Section 2010
of the City Code. The cost of abatement shall be recovered in accordance with the
applicable provisions of Section 2010 of the City Code.
(c)in all zoning , Outside storage, including but not limited to equipment
storage and the parking of vehicles, shall be prohibited as a principal use of property.
(Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2002-02, 01/22/02)
(Amended by Ord. No. 2006-04, 02/07/06)
Formatted: Font: Not Italic
A----------------------------------------------------------------------------------------------------------------------
(d) Except for temporary construction trailers and mobile services operated by public
service agencies (e.g., bookmobile, bloodmobiles) as allowed by the City, and trailers
parked in a designated and improved loading area, no vehicle may be used for office,
business, industrial manufacturing, testing, or storage of items used with or in a business,
commercial or industrial enterprise, unless otherwise approved by the Zoning
Administrator.
(e) The City Council may order the owner of any property to cease or modify outside
storage uses includingexisting xisting uses, provided it is found that such use constitutes a threat
to the public health, safety, convenience, or general welfare.
(f) Outside storage shall be prohibited within wetlands and areas designated as
wetland buffers. Formatted: Font: Not Italic
Subd. 2. Residential Zoning Districts.
(a) All personal property shall be stored within a building or fully screened so as not
to be visible from adjoining properties and public streets, except for the following:
(10)
(1) Basketball hoop, provided it is set back at least six (6) feet from any lot
line.
(2) Stacked firewood for the burning supply of the property resident may be
located in a side, rear, or equivalent yard, provided it is not located in a wetland or
wetland buffer.
(3) Construction and landscaping materials or equipment, if these are used or
intended for use on the premises within a period of three (3) months, unless there
is an active building permit issued for improvements on the property, or as
otherwise approved by the Zoning Administrator.
(4) Agricultural equipment and materials in FRD zoned areas, if these are
used or intended for use on the premises within a period of twelve (12) months.
(5) Off-street parking of licensed passenger automobiles and personal vehicles
of less than twelve thousand (12,000) pounds gross vehicle weight rating
(GVWR) on an established driveway or parking area that is surfaced in
compliance with Section 21135.07, Subd. 1. of this Chapter.
(6) Off-street parking of one (1) commercial vehicle of less than twelve
thousand (12,000) pounds gross vehicle weight rating (GVWR) or of one (1) fully
enclosed commercial trailer with a bed length of fourteen (14) feet or less on an
established driveway or parking area that is surfaced in compliance with Section
21135.07, Subd. 1. of this Chapter.
(7) Off-street parking of one (1) commercial vehicle with no restriction on the
gross vehicle weight rating (GVWR) and of one (1) commercial trailer (enclosed
or unenclosed) with no restriction on bed length may temporarily occur for a time
period not to exceed one (1) hour per day unless being used in conjunction with a
temporary service including, but not limited to, a construction or remodeling
project benefiting the premises, provided they are parked on an established
driveway or parking area that is surfaced in compliance with Section 21135.07,
Subd.-I-. of this Chapter.
(8) Recreational equipment.
(9) Recreational vehicles and recreational camping vehicles that are registered
to the occupant, provided they are leeated stored in a side or rear yard, or in a
designated driveway or parking area that is surfaced in compliance with Section
21135.07, Subd. 1. of this Chapter.
(10) One non -vehicular ice -fishing house may be located in a rear or equivalent
rear yard, provided it is set back at least six (6) feet from any lot line.
(Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2002-02, 01/22/02)
(Amended by Ord. No 2007-05, 01/23/07)
Subd. 3. Commercial, Public/Institutional and Industrial Zoning Districts.
(a) Outside Storage/Display. Exterior storage and display shall be governed by the
respective zoning district in which such use is located.
(b) Additional Standards. All exterior storage shall be located in the rear or side
yard, shall be screened with materials of 90 percent or more opacity, and shall screen
views from adjoining properties and public streets except for the following: (Amended by
Ord. No. 99-5, 01/19/99) (Amended by Ord. No. 2005-01, 01/11/05)
(1) Merchandise being displayed for sale in accordance with zoning district
requirements.
(2) Materials and equipment currently being used for construction on the
premises.
(c) Parking of Commercial Vehicles. Up to three (3) commercial vehicles such as
delivery and service trucks up to twelve thousand (12,000) pounds gross vehicle weight
rating (GVWR) may be parked without screening if such vehicles relate to the principal
use. Construction equipment, trailers, and vehicles over twelve thousand (12,000)
pounds gross vehicle weight rating (GVWR) shall require screening in compliance with
Section 21130 of this Chapter.
(12)
SECTION 11. Amendment. Section 21115.03 of the Plymouth City Code (GENERAL
YARD, LOT AREA AND BUILDING REGULATIONS—BUILDING TYPE, AND
CONSTRUCTION) is amended as follows:
21115.03. BUILDING TYPE, AND CONSTRUCTION:
Subd. 1. General Provisions.
(a) Except in association with farming activities, no galvanized or unfinished steel or
unfinished aluminum buildings (walls or roofs), except those specifically intended to
have a corrosive designed finish such as corten steel shall be permitted in any zoning
district.
(b) Buildings in all zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with surrounding properties to ensure that they will not adversely
impact the property values of the adjacent properties or adversely impact the
community's public health, safety and general welfare.
(c) Exterior Building Finishes.
(1) The primary exterior building facade finishes shall consist of materials
comparable in grade and quality to the following:
a. Brick.
b. Natural stone.
C. Integral colored split face (rock face) concrete block.
d. Cast in place concrete or pre -cast concrete panels.
e. Wood, provided the surfaces are finished for exterior use or wood
of proven exterior durability is used, such as cedar, redwood, or cypress.
f. Curtain wall panels of steel, fiberglass and aluminum (non-
structural, non -load bearing), provided such panels are factory fabricated
and finished with a durable non -fade surface and their fasteners are of a
corrosion resistant design.
g. Glass curtain wall panels.
h. Stucco.
i. Vinyl.
j. Other materials determined as acceptable by the Zoning
Administrator.
(2) Building foundations and other such portions of a building's facade need
not comply with the requirements for the primary facade treatment or materials.
(13)
Subd. 32. Commercial and Public/Institutional Districts.
(a) In business and P -I districts, any exposed metal or fiberglass finish shall be
limited to fifty (50) percent of the surface of any building wall. Any metal finish utilized
in the building shall be a minimum of twenty-six (26) gauge steel. All sides of the
principal and accessory structures are to have essentially the same or coordinated,
harmonious exterior finish materials and treatment. The roof slope shall be limited to a
maximum of one to twelve (1:12) slope, unless approved by the Zoning Administrator.
(Amended by Ord. No. 2001-06, 02113101)
Subd. 43. Industrial Districts.
(a) In industrial districts, all buildings constructed of curtain wall panels of metal or
fiberglass shall be faced with brick, wood, stone, architectural concrete cast in place or
pre -cast concrete panels on all wall surfaces. The required wall surface treatment may
allow up to fifty (50) percent of any metal or fiberglass wall surface to remain exposed if
it is coordinated into the architectural design. For buildings which abut residential uses,
the building material requirements of Subd. 32 above shall apply. In cases where
industrial buildings are not visible from adjacent residential uses, the Zoning
Administrator may grant an exception to the building material requirements of Subd. 3.,2
above. (Amended by Ord. No. 2001-06, 02/13/01)
(b) The Zoning Administrator may grant a deferment to a developer of industrial
metal buildings or building additions from the exterior wall design requirements of this
section when the building or building addition will be constructed in more than one phase
subject to the following:
(1) The deferment shall be until the second construction phase is complete or
up to five (5) years, whichever is less; and
(14)
(2) The building owner shall provide the City with an irrevocable letter of
credit for an amount one and one-half (1-1/2) the estimated cost of the required
exterior wall treatment. The bank and letter of credit shall be subject to the
approval of the City Attorney. The letter of credit shall secure compliance with
this Chapter.
Subd. 54. Exceptions. Exceptions to the provisions of this section may be granted
es -a -allowed by conditional use permits theGityGo- a3e11, provided that:
(a) The proposed building maintains the quality and value intended by this Chapter.
(b) The proposed building is compatible and in harmony with other structures within
the district.
(c) The proposed building is found to comply with the provisions and criteria of
Section 21015 of this Chapter
the fite
DRi.
SECTION 12. Amendment. Section 21115.04, Subd. 1 (b) of the Plymouth City Code
(GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—YARDS) is amended as
follows:
(b) Uncovered walkways, uncovered stoops, and uncovered steps within a front yard.
(Amended by Ord. No. 2006-04, 02/07/06)
SECTION 13. Amendment. Section 21115.04, Subd. 1 (c) of the Plymouth City Code
(GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—YARDS) is amended as
follows:
(c) Terraces, uncovered steps, decks, patios, uncovered porches, uncovered stoops
and similar features that do not extend above the height of the main living level of the
principal structure, provided that in no case shall any such feature be closer than six (6)
feet from a side or rear lot line, or from a front lot line which qualifies as an equivalent
rear or side yard as defined by this Chapter. No encroachment shall be 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. 2007-05, 01/23/07)
(15)
SECTION 14. Amendment. Section 21120.07 of the Plymouth City Code (ACCESSORY
BUILDINGS, STRUCTURES, AND USES—BUILDING MATERIALS) is amended as follows:
21120.07. BUILDING MATERIALS:
Subd. 1. Except in the FRD Zoning District and except as may be allowed by Subd.
3 of this subsection, all accessory buildings in excess of one hundred twenty (120) square feet
shall be eenstfueted with a design eensistent with the genefal ehafaetef e architecturally
consistent with the principal structure eon the4e4, and shall incorporate similar or complementary
design elements, roof pitch, colors, and building materials, except that glass solariums and
greenhouses (attached or detached) shall be exempt from this provision.
Subd. 2. Accessory buildings constructed primarily of canvas, plastic fabric, or
other similar non -permanent building materials shall be prohibited.
ubd 3. Non-residential uses allowed in the residential districts m4y be allowed to Formatted: Font: hold
have an all metal or fiberglass accessory building in excess of one hundred twenty_(120) square
feet by conditional use permit, provided the building is located in the rear yard and is screened
and landscaped from adjacent residentially zoned or used property and public rights-of-way in
accordance with Section 21130 of this Chanter.
(Amended by Ord. No. 2002-02, 01/22/02)
SECTION 15. Amendment. Section 21120.10 of the Plymouth City Code (ACCESSORY
BUILDINGS, STRUCTURES, AND USES—CARPORTS) is added as follows:
21120.10 CARPORTS: Formatted: Font: Bold
Subd. 1, Carports shall comply with all regulations for an accessory building as set Formatted: Font: Bold
----- - ---------------------------- ------ ------
forth in this Chapter, and with the regulations set forth in this subsection.
Subd. 2�u-0S9S Carports shall be used for the parking of vehicles (includes recreational- ------ Formatted: Indent: Left: 0", First line: 0.5°
vehicles), and shall not be used for the storage of household or personal items, lawn equipment, Formatted. Font: Bold
furniture, parts, and the like. The exception is that refuse containers and stacked firewood may
also be kept under a carport (attached or detached) that is located in a side, rear, or equivalent
yard.
Subd. 3Carports shall not exceed three hundred (300) square feet in area. ------- Formatted: Indent: Left: o", First line: o.s"
Formatted: Font: Bold
Subd.4 The eave line (or lowest sloped_roof section if_there is no eavt for a Formatted: Indent: Left: 0", First line: o^
carport shall be at least seven (7) feet in height, but shall not exceed ten (10) feet in height, Formatted: indent: Left: 0 First line: 0.5"
Carports with flat roofs shall be at least seven (7) feet in height, but shall not exceed ten (10) feet Formatted: Font: Bold
in height.
(16)
SECTION 16. Amendment. Section 21130.01, Subd. 4 (g) of the Plymouth City Code
(FENCING/SCREENING/LANDSCAPING—FENCE/WALL REGULATIONS) is amended as
follows:
(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, and on the top of any tiered
retaining wall that requires a building_ permit. The Zoning Administrator may grant
exceptions to this r-equife riefil- ision if the retaining wall does not pose a public safety
concern. (Amended by Ord. No. 2005-01, 01/11/05)
SECTION 17. Amendment. Section 21130.01, Subd. 5 (g) of the Plymouth City Code
(FENCING/SCREENING/LANDSCAPING—FENCE/WALL REGULATIONS) is amended as
follows:
(g) Fences ,
"ai�not exceeding ten (10) feet in height may be permitted to enclose tennis or
other recreational courts without a conditional use permit, provided that:
S1) aAll other requirements of this sub Chapter are met,-.
(2) Such fences shall be constructed of materials with an opacity of under fifty
(50) percent (e.g., wrought iron, chain link).
(3) Such fences maybe located within: i) a rear or side yard provided thgy are
set back at least six (6) feet from any line: or ii) a front yard which qualifies as
an equivalent rear or side yard (as defined by this Chapter) provided the are re 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.
�------- Formatted: Indent: Left: 1", Numbered +
r Level: 1 + Numbering Style: 1, 2, 3, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.94" +
Indent at: 1.44"
Formatted: Indent: Left: 1"
-----" Formatted: List Paragraph, Left, No bullets or
yl
(4) . n d ..hall .,..s «o o ndi fi. nal We ,..,,:r . „tori", . e«,«,:♦ ...1 0«�_
Such fences over six (6) feet in
height shall require a building permit. (Amended by Ord. No. 2002-02, 01/22/02)
(17)
numbering
Formatted: List Paragraph, Left, No bullets or
numbering
Formatted: Indent: Left: 0.94", Hanging:
0.06", Numbered + Level: 1 + Numbering Style:
1, 2, 3, ... + Start at: 1 + Alignment: Left +
Aligned at: 0.94" + Indent at: 1.44"
SECTION 18. Amendment. Section 21130.01, Subd. 6 (a) of the Plymouth City Code
(FENCING/SCREENING/LANDSCAPING—FENCE/WALL REGULATIONS) is amended as
follows:
(a) Fences allowed by conditional use permit are as follows:
(1) Fences exceeding six (6) feet in height, provided that:
a. The fence is in a location where fences up to six (6) feet are
permitted.
b. The fence not exceed eight (8) feet in height.
C. The fence +s -shall not be located within a side er -em -a of
the minimum building setback, as required
for principal structures, from the ordinary high water level of lakes and
streams.
SECTION 19. Amendment. Section 21135.06, Subd. 2 of the Plymouth City Code (OFF-
STREET PARKING AND LOADING—OFF-STREET PARKING RESTRICTIONS) is
amended as follows:
Subd. 2. Junked or inoperable vehicles may not be parked, stored or otherwise
located on any property within the City for a period greater than ninety-six (96) hours unless
placed completely within an enclosed building or garage
provisions of Seetien 21130 ef this Ghaptef.
SECTION 20. Amendment, Section 21135.07, Subd. 4 (b) of the Plymouth City Code (OFF-
STREET PARKING AND LOADING—PARKING AREA DESIGN) is amended as follows:
(b) Computation. When determining the numbef of off stf-eet par4d_g
calculating parking stall requirements, any fraction of a number shall eeRstitute an
additional spaee be rounded up to the next whole number.
(18)
SECTION 21. Amendment. Section 21135.08, Subd. 5 of the Plymouth City Code (OFF-
STREET PARKING AND LOADING—LOCATION) is amended as follows:
Subd. 5. In the case of single family, two family, townhouse, and manor home
dwellings, parking shall be prohibited:
(a) Within three (3) feet of any side or rear lot line.
(b) Within any established drainage or utility easement, unless approved by the City
Engineer. (Amended by Ord. No. 2000-06, 02/29/00)
(c) In any portion of tlit-a front yard except designated driveways leading directly into
a garage or one (1) parking space located on the side of a driveway or attached garage,
away from the principal use. (Amended by Ord. No. 2002-02, 01/22/02) (Amended by
Ord. No. 2008-09, 03/25/08)
SECTION 22. Amendment. Section 21135.14, Subd. 4 (c) of the Plymouth City Code (OFF-
STREET PARKING AND LOADING—OFF-STREET LOADING SPACE, DESIGN AND
MAINTENANCE) is amended as follows:
(c) Distance from Residential Use. Loading areas established after 7 March 1995
shall be prohibited within three hundred (300) feet of residentially zoned or guided
property unless completely screened by an intervening building:, or beading -afeas-uet
unless screened from adjacent residentially
zoned or guided property by the use of berms, fences, or walls to provide one hundred
(100) percent opacity to a height of at least ten (10) feet. The height of the screening shall
be measured from the grade of the loading areas. (Amended by Ord. No. 2000-06,
02/29/00) (Amended by Ord. No. 2004-02, 01/13/04)
SECTION 23. Amendment. Section 21145.04, Subd. 1 0) of the Plymouth City Code
(HOME OCCUPATIONS—REQUIREMENTS) is amended as follows:
0) Not over twenty-five (25) percent of the gross floor area of the
home (excludes attached or detached accessory structures) shall be used for a home
occupation.
(19)
SECTION 24. Amendment. Section 21155.05, Subd. 7 of the Plymouth City Code (SIGN
REGULATIONS—GENERAL REGULATIONS AND RESTRICTIONS) is amended as
follows:
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. The exception is that wall signage may be placed partially over the roof
area of buildings with flat roofs, provided such signage is located upon a perpendicular building
column projecting from an exterior wall, and the signage is counted toward the allowable wall
signage for the wall to which the column is attached. (Amended by Ord. No. 99-5, 01/19/99)
SECTION 25. Amendment. Section 21155.05, Subd. 11 of the Plymouth City Code (SIGN
REGULATIONS—GENERAL REGULATIONS AND RESTRICTIONS) is amended as
follows:
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 or civic 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.
SECTION 26. Amendment. Section 21155.06, Subd. 1 (c) (4) of the Plymouth City Code
(SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows:
(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 or civic 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,
02129100)
(20)
SECTION 27. Amendment. Section 21155.06, Subd. 2 (c) of the Plymouth City Code (SIGN
REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows:
(c) Signs for Non-Residential Uses.
(1) One (1) freestanding sign not to exceed thirty-two (32) square feet in
surface area. The sign shall be located at least ten (10) feet from lot lines, and
shall not exceed six (6) feet in height. The sign may include a changeable copy
sign or an electronic changeable copy sign subject to the following:
a. The portion of the sign containing changeable copy or electronic
changeable copy shall be an integral part of the sign or shall be directly connected
to the non-changeable copy portion of the sign.
b. The color of electronic text shall be white or amber with a contrasting dark
background.
C. The sign shall be set back at least fifty (50) feet from side and rear 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.
d. For properties with more than one (1) abutting roadway, a sign with
electronic elements shall be located on the highest classification roadway.
e. Only one (1) sign with electronic elements shall be permitted per lot. For
developments with two (2) or more structures and/or lots, only one (1) sign with
electronic elements shall be permitted per development. (Amended by Ord. No.
2009-07, 05/12/09)
f. The portion of the sign dedicated to changeable copy or electronic
changeable copy shall not be illuminated between the hours of 10:30 PM and 6:00
AM.
(2) Wall signage shall be permitted on one wall of allowed non-residential
uses; however, lots with frontage on two or more streets may have signage on one
wall per street frontage. Such signage shall not exceed fifty (50) square feet in
surface area, or five (5) percent of the area of the wall to which the sign is
attached, whichever is greater. (Amended by Ord. No. 2000-06, 02/29/00)
(3) Window signage (includes graphics) shall be permitted on the same
building walls that have, or are allowed to have, wall signage pursuant to item (2)
above. Window signage shall be deducted from the allowable wall signage area,
however, in no case shall window si nage cover more than fifty (50) percent of
the area of the windows on the respective building wall.
(21)
SECTION 28. Amendment. Section 21155.06, Subd. 3 (c) of the Plymouth City Code (SIGN
REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows:
(c) Wall Signage.
(1) Wall signage shall be permitted on one wall; however, lots with frontage
on two or more streets may have signage on one wall per street frontage. Such
signage shall not exceed fifty (50) square feet in surface area, or five (5) percent
of the area of the wall to which the sign is attached, whichever is greater; and,
shall not extend more than eighteen (18) inches from the face of the building
except that such signage may extend from the face of the roof over a covered
walk, or from a marquee, providing the signage does not extend above the roof
line or parapet of said building. (Amended by Ord. No. 99-5, 01/19/99)
(2) Canopies shall be considered to be an integral part of the structure to
which they are accessory. Signs may be attached to a canopy, but such structures
shall not be considered as part of the wall area, and thus shall not warrant
additional sign area. Canopy signage shall be deducted from the permitted wall
signage area.
(3) Window signage (includes graphics) shall be permitted on the same
building walls that have, or are allowed to have, wall signage pursuant to item (1)
above. Window signage shall be deducted from the allowable wall signage area,
however, in no case shall window signage cover more than fifty (50) percent of
the area of the windows on the respective building wall.
SECTION 29. Amendment. Section 21155.06, Subd. 3 (f) (1) of the Plymouth City Code
(SIGN REGULATIONS—DISTRICT REQUIREMENTS) is 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 lot for purposes of this paragraph. The use of the single temporary sign by
tenants on the 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 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 lot that has a
(22)
changeable copy sign or an electronic changeable copy sign, excluding such signs
that exclusively display fuel prices. (Amended by Ord. No. 2009-07, 05/12/09)
SECTION 30. Amendment. Section 21155.06, Subd. 4 (b) of the Plymouth City Code (SIGN
REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows:
(b) Wall Signage.
(1) Allowable uses and business establishments, including individual business
and tenants in multi -tenant commercial buildings, may have wall signage provided
such signage not extend more than eighteen (18) inches from the building, except
that such signage may extend from the face of the roof over a covered walk, or
from a marquee, provided the signage does not extend above the roof or parapet of
said building. Wall signage shall be permitted on one wall; however, lots with
frontage on two or more streets may have signage on one wall per street frontage.
Such signage shall not exceed ten (10) percent of the area of the wall to which the
signage is attached. All such signs shall be reviewed by the building ownership or
management who shall provide a written endorsement at the time application is
made for the sign permit.
(2) Canopies shall be considered to be an integral part of the structure to
which they are accessory. Signs may be attached to a canopy, but such structures
shall not be considered as part of the wall area, and thus shall not warrant
additional sign area. Canopy signage shall be deducted from the permitted wall
signage area. Canopies for motor vehicle fuel sales that do not include a
convenience market on the lot shall be permitted separate signage. Such signage
may occur on all faces of the canopy and shall not exceed twenty-four (24) square
feet in surface area or twenty (20) percent of the face of the canopy to which the
signs are attached, whichever is greater. (Amended by Ord. No. 2001-25,
08/14/01)
(3) Window signage (includes graphics) shall be permitted on the same
building walls that have, or are allowed to have, wall signage pursuant to item (1)
above. Window signage shall be deducted from the allowable wall signage area,
however, in no case shall window signage cover more than fifty (50) percent of
the area of the windows on the respective building wall.
SECTION 31. Amendment. Section 21155.06, Subd. 4 (f) (1) of the Plymouth City Code
(SIGN REGULATIONS—DISTRICT REQUIREMENTS) is 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
(23)
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 lot for purposes of this paragraph. The use of the single temporary sign by
tenants on the 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 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 lot that has a
changeable copy sign, an electronic changeable copy sign, or an electronic graphic
display sign, excluding such signs that exclusively display fuel prices. (Amended
by Ord. No. 2009-07, 05/12/09)
SECTION 32. Amendment. Section 21155.06, Subd. 5 (b) of the Plymouth City Code (SIGN
REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows:
(b) Wall signage:
(1) Allowable uses and business establishments, including individual business
and tenants in multi -tenant commercial buildings, may have wall signage provided
such signage not extend more than eighteen (18) inches from the building, except
that such signage may extend from the face of the roof over a covered walk, or
from a marquee, provided the signage does not extend above the roof or parapet of
said building. Wall signage shall be permitted on one wall; however, lots with
frontage on two or more streets may have signage on one wall per street frontage.
Such signage shall not exceed ten (10) percent of the area of the wall to which the
signage is attached. All such signs shall be reviewed by the building ownership or
management who shall provide a written endorsement at the time application is
made for the sign permit.
(2) Canopies shall be considered to be an integral part of the structure to
which they are accessory. Signs may be attached to a canopy, but such structures
shall not be considered as part of the wall area, and thus shall not warrant
additional sign area. Canopy signage shall be deducted from the permitted wall
signage area. Canopies for motor vehicle fuel sales that do not include a
convenience market on the lot shall be permitted separate signage. Such signage
may occur on all faces of the canopy and shall not exceed twenty-four (24) square
feet in surface area or twenty (20) percent of the face of the canopy to which the
signs are attached, whichever is greater.
(3) Window signage (includes graphics) shall be permitted on the same
building walls that have, or are allowed to have, wall signage pursuant to item (1)
above. Window signage shall be deducted from the allowable wall signage area,
(24)
however, in no case shall window signage cover more than fifty (50) percent of
the area of the windows on the respective building
SECTION 33. Amendment. Section 21155.06, Subd. 5 (e) (1) of the Plymouth City Code
(SIGN REGULATIONS—DISTRICT REQUIREMENTS) is 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 lot for purposes of this paragraph. The use of the single temporary sign by
tenants on the 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 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 lot that has a
changeable copy sign, an electronic changeable copy sign, or an electronic graphic
display sign, excluding such signs that exclusively display fuel prices. (Amended
by Ord. No. 2009-07, 05/12/09)
SECTION 34. Amendment. Section 21155.06, Subd. 6 (b) of the Plymouth City Code (SIGN
REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows:
(b) Wall Signage.
(1) Allowable uses and business establishments, including individual business
and tenants in multi -tenant commercial buildings, may have wall signage provided
such signage not extend more than eighteen (18) inches from the building, except
that such signage may extend from the face of the roof over a covered walk, or
from a marquee, provided the signage does not extend above the roof or parapet of
said building. Such wall signage shall be permitted on one wall; however, lots
with frontage on two or more streets may have signage on one wall per street
frontage. Such signage shall not exceed ten (10) percent of the area of the wall to
which the signage is attached. All such signs shall be reviewed by the building
ownership or management who shall provide a written endorsement at the time
application is made for the sign permit.
(2) Canopies shall be considered to be an integral part of the structure to
which they are accessory. Signs may be attached to a canopy, but such structures
(25)
shall not be considered as part of the wall area, and thus shall not warrant
additional sign area. Canopy signage shall be deducted from the permitted wall
signage area.
(3) Window signage (includes graphics) shall be permitted on the same
building walls that have, or are allowed to have, wall signage pursuant to item (1)
above. Window signage shall be deducted from the allowable wall signage area,
however, in no case shall window signage cover more than fif (50) percent of
the area of the windows on the respective building wall.
SECTION 35. Amendment. Section 21155.06, Subd. 7 (c) of the Plymouth City Code (SIGN
REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows:
(c) Wall signage shall be permitted on one wall only, and shall not exceed fifty (50)
square feet or five (5) percent of the area of the wall to which the sign is attached,
whichever is greater. Window signage (includes graphics) shall be permitted on the same
building wall that has, or is allowed to have, wall signage. Window signage shall be
deducted from the allowable wall signage area, however, in no case shall window signage
cover more than fifty, (percent of the area of the windows on said building wall.
SECTION 36. Amendment. Section 21155.07, Subd. 2 (f) of the Plymouth City Code (SIGN
REGULATIONS— ADMINISTRATION AND ENFORCEMENT) is amended as follows:
(f) Directional signs for city-wide and free or civic community events and
community -wide annual events such as the "Parade of Homes" as authorized by Section
21155.05.
SECTION 37. Amendment. Section 21173.05, Subd. 4 of the Plymouth City Code (WIND
ENERGY CONVERSION SYSTEMS (WECS)—TEMPORARY METEOROLOGICAL
EQUIPMENT) is amended as follows:
Subd. 4. The tower shall meet the minimum wind and ice load design required by
City Code and the Uniferm Minnesota State Building Code.
(26)
SECTION 38. Amendment. Section 21450.07, Subd. 2 of the Plymouth City Code (O,
OFFICE DISTRICT --CONDITIONAL USES) is amended as follows:
Subd. 2. Banks, credit unions and other financial institutions (excluding currency
exchanges) with drive -up tellers, provided the drive -up teller area complies with the performance
standards stipulated in Section 21120.09 of this Chapter.
SECTION 39. Amendment. Section 21460.03 of the Plymouth City Code (C-2,
NEIGHBORHOOD COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows:
21460.03. PERMITTED USES: The following are permitted uses in the C-2 District:
Subd. 1. Amusement centers.
Subd. 2. Art gallery and sales.
Subd. 3. Bakery goods and baking of goods for retail sales on the premises.
Subd. 4. Banks, credit unions, and other financial institutions, (excluding currency
exchanges) with or without drive up tellers. (Drive up teller service is regulated by
Section 21120.09 of this Chapter.)
Subd. 5. Beauty salons and day spas.
Subd. 6. Bicycle sales and repair.
Subd. 7. Book, school supply and art, or stationary stores containing less than five
thousand (5,000) square feet of gross floor area.
Subd. 8. Bus/transit stations or terminals without vehicle storage.
Subd. 9. Camera and photographic supplies, sales and film processing.
Subd. 10. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
Subd. 11. Convenience grocery markets (without motor fuel facilities or delicatessen
food service).
Subd. 12. Copy/printing services (excludes printing presses and publishing
facilities).
Subd. 13. Delicatessens/coffee houses without drive-through service.
Subd. 14. Dry cleaning pick up and laundry pick up stations including incidental
repair but not including processing.
Subd. 15. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 16. Florist shops.
Subd. 17. Furniture stores containing less than five thousand (5,000) square feet of
gross floor area.
Subd. 18. Gift or novelty stores.
Subd. 19. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 20. Hardware stores.
Subd. 21. Hobby and craft stores.
(27)
Subd. 22. Liquor, off sale, pursuant to the required liquor license.
Subd. 23. Locksmiths.
Subd. 24. Meat markets, but not including processing for a locker plant.
Subd. 25. Offices, administrative/commercial.
Subd. 26. Offices/clinics for medical, dental, or chiropractic services.
Subd. 27. Paint and wallpaper sales.
Subd. 28. Pharmacies without drive through service (note that businesses with drive- Formatted: indent: pert: 0", Hanging: 0.5"
through service are regulated by Section 21460.07, Subd. 4 of this Chapter).
Subd,, 29. Phone and electronic stores containing less than five thousand (5,000) _ - Formatted: Font: sold
square feet of gross floor area.
Subd. 3930. Plumbing, television, radio, electrical sales, and related accessory repair.
Subd. 3031. Prepared food: delivery and/or take out only, no interior seating.
Subd. 31132. Recreation, personal fitness (defined as containing less than 3,000 square
feet of floor area).
Subd. 3233. Sexually oriented businesses – accessory (as regulated by Section 21195 of
this Chapter).
Subd. 3334. Shoe repair.
Subd. 3435. Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
Subd. 3536. Studios - artist, dance, decorating, karate, music, portrait photography, and
similar uses.
Subd. 3637. Tailoring services.
Subd. 3738. Tanning salons.
Subd. 3839. Therapeutic massage.
Subd. 3940. Tobacco shops.
Subd. 4041. Variety stores and stores of similar nature.
Subd. 4442. Veterinary clinics and related indoor kennel; and pet sales, supplies and
grooming.
Subd. 4243. Video rental and sales.
(Amended by Ord. No. 98-14, 05/06/98) (Amended by Ord. No. 98-23, 07/08/98) (Amended by
Ord. No. 99-5, 01/19/99) (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No.
2005-08, 05/10/05) (Amended by Ord. No. 2006-04, 02/07/06) (Amended by Ord. No. 2008-09,
03/25/08) (Amended by Ord. No. 2009-07, 05/12/09)
SECTION 40. Amendment. Section 21465.03, Subd. 3 of the Plymouth City Code (C-3,
HIGHWAY COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows:
Subd. 3. Banks, credit unions, and other financial institutions (excluding currency
exchanges) with or without drive up tellers. (Drive up teller service is regulated by
Section 21120.09 of this Chapter.)
(28)
SECTION 41. Amendment. Section 21470.03 of the Plymouth City Code (C-4,
COMMUNITY COMMERCIAL DISTRICT -PERMITTED USES) is 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. Art gallery and sales.
Subd. 5. Auto accessory stores (not including service).
Subd. 6. Bakery goods and baking of goods for retail sales on the premises.
Subd. 7. Banks, credit unions, and other financial institutions (excluding currency
exchanges) with or without drive up tellers. (Drive up teller service is regulated by
Section 21120.09 of this Chapter.)
Subd. 8. Beauty salons and day spas.
Subd. 9. Bicycle sales and repair.
Subd. 10. Body art establishments.
Subd. 11. Book, office supply and equipment, school supply and art, or stationary
stores.
Subd. 12. Building supply sales within the principal structure.
Subd. 13. Bus/transit stations or terminals without vehicle storage.
Subd. 14. Camera and photographic supplies, sales, and film processing.
Subd. 15. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
Subd. 16. Carpet, rugs and tile retail sales.
Subd. 17. Clothes, sales and/or rental.
Subd. 18. Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
Subd. 19. Copy/printing services (excludes printing presses and publishing
facilities).
Subd. 20. Delicatessens/coffee houses without drive-through service.
Subd. 21. Department, discount, and warehouse stores.
Subd. 22. Dry cleaning pick up and laundry pick up stations including incidental
repair but not including processing.
Subd. 23. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 24. Fabric and notions sales and store.
Subd. 25. Florist shops.
Subd. 26. Furniture stores.
Subd. 27. Garden supply stores.
Subd. 28. Gift or novelty stores.
Subd. 29. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 30. Grocery, convenience markets (without motor fuel sales), supefmar4ets5
and-supersteres.
(29)
Subd. 31. Grocery, supermarkets.
Subd. 32. Grocery. superstores.
Subd. 3)133. Hardware stores.
Subd. 3234. Hobby and craft stores.
Subd. 3-335. Hotels and motels.
Subd. 3436. Jewelry stores.
Subd. 3537. Leather goods and luggage stores.
Subd. 3638. Liquor, off sale, pursuant to the required liquor license.
Subd. 3-739. Locksmiths.
Subd. 3840. Meat markets, but not including processing for a locker plant.
Subd. 3941. Music (e.g., instruments, equipment, compact discs) shops and sales.
Subd. 4042. Offices, administrative/commercial.
Subd. 4143. Offices/clinics for medical, dental, or chiropractic services.
Subd. 4244. Paint and wallpaper sales.
Subd. 4345. Pharmacies with or without drive through service. (Drive through service
is regulated by Section 21120.09 of this Chapter.)
Subd. 4446. Plumbing, television, radio, electrical sales and related accessory repair.
Subd. 4547. Prepared food: delivery and/or take out only, no interior seating.
Subd. 4649. Private clubs (may serve food and beverages).
Subd. 4749. Reception halls.
Subd. 4850. Recreation, personal fitness (defined as containing less than 3,000 square
feet of floor area).
Subd. 4951. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 5052. Restaurants not of the drive-in, convenience or drive-through type.
Subd. 553. Sewing machine sales and service.
Subd. 5254. Sexually oriented businesses - accessory or principle (as regulated by
Section 21195 of this Chapter).
Subd. 5355. Shoe repair.
Subd. 5456. Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
Subd. 5557. Sports and fitness clubs.
Subd. 5658. Studios - artist, dance, decorating, karate, music, portrait photography, and
similar uses.
Subd. 5759. Tailoring services.
Subd. 5860. Tanning salons.
Subd. 5361. Theaters (indoor only).
Subd. 6062. Therapeutic massage.
Subd. 64-63. Tobacco shops.
Subd. 6264. Toy Stores.
Subd. 6365. Tutoring/learning centers.
Subd. 6466. Variety stores and stores of similar nature.
Subd. 6567. Veterinary clinics and related indoor kennel; and pet sales, supplies and
grooming.
Subd. 6668. Video rental and sales.
(30)
(Amended by Ord. No. 98-23, 07/08/98) (Amended by Ord. No. 2004-02, 01/13/04) (Amended
by Ord. No. 2005-01, 01/11/05) (Amended by Ord. No. 2005-08, 05/10/05) (Amended by Ord.
No. 2006-04, 02/07/06) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-
07, 05/12/09)
SECTION 42. Amendment. Section 21475.05, Subd. 2 of the Plymouth City Code (CC,
CITY CENTER DISTRICT—PERMITTED USES) is amended as follows:
Subd. 2. CC -R & E.
(a) Amusement centers.
(b) Antique shops, including incidental restoration.
(c) Appliance and electronic stores including incidental repair and assembly but not
fabricating or manufacturing.
(d) Art gallery and sales.
(e) Bakery goods and baking of goods for retail sales on the premises.
(f) Banks, credit unions and other financial institutions (excluding currency
exchanges) with or without drive up tellers. (Drive up teller service is regulated by
Section 21120.09 of this Chapter.)
(g) Beauty salons and day spas.
(h) Bicycle sales and repair.
(i) Book, office supply and equipment, school supply and art, or stationary stores.
0) Bus/transit stations or terminals without vehicle storage.
(k) Camera and photographic supplies, sales, and film processing.
(1) Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
(m) Clothes, sales and/or rental.
(n) Copy/printing services (excludes printing presses and publishing facilities).
(o) Delicatessens/coffee houses without drive-through service.
(p) Dry cleaning pick up and laundry pick up stations including incidental repair but
not including processing.
(q) Essential services not including structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
(r) Fabric and notions sales and store.
(s) Florist shops.
(t) Furniture stores containing less than five thousand (5,000) square feet of gross
floor area.
(!u) Gift or novelty stores.
(v_ii) Governmental and public utility (essential service) buildings and structures,
including public works type facilities, excluding outdoor storage.
(vw) Grocery, supermarkets and -super -stores.
(x) Grocery, superstores.
(wy) Hardware stores.
(.)z) Hobby and craft stores.
(yaa) Jewelry stores.
(31)
(ebb) Leather goods and luggage stores.
(eacc) Liquor, off sale, pursuant to the required liquor license.
(bbdd) Locksmiths.
(eeee) Music (e.g., instruments, equipment, compact discs) shops and sales.
(off) Offices, administrative/commercial.
(eegg) Offices/clinics for medical, dental, or chiropractic services.
(%h) Paint and wallpaper sales.
( ii) Pharmacies without drive-through service.
(hhji) Plumbing, television, radio, electrical sales and related accessory repair.
(i-ikk) Restaurants and cafes (not of the drive-in or drive-through type).
(jjll) Sewing machine sales and service.
(kkmm) Sexually oriented businesses – accessory (as regulated by Section 21195 of
this Chapter).
(11nn) Shoe repair.
(too) Sporting goods and recreational equipment sales, excluding motorized
vehicles.
(mo) Studios - artist, dance, decorating, karate, music, portrait photography, and similar
uses.
(eegq) Tailoring services.
(pprr) Tanning salons.
(gc}ss) Theaters (indoor only).
(FF t) Toy stores.
(ssuu) Veterinary clinics and related indoor kennel; and pet sales, supplies and grooming.
(ttvv) Video rental and sales.
(Amended by Ord. No. 2004-02, 01/13/04 (Amended by Ord. No. 2005-01, 01/11/05)
(Amended by Ord. No. 2006-04, 02/07/06) (Amended by Ord. No. 2007-28, 11/13/07)
(Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09)
SECTION 43. Amendment. Section 21550.03, Subd. 19 of the Plymouth City Code (C-5,
COMMERCIAL/INDUSTRIAL DISTRICT—PERMITTED USES) is amended as follows:
Subd. 19. Studios – artist, dance, decorating, karate, music, portrait photography, and
similar uses.
SECTION 44. Amendment. Section 21555.03, Subd. 1 of the Plymouth City Code (B -C,
BUSINESS CAMPUS DISTRICT—PERMITTED USES) is amended as follows:
Subd. 1. Banks, credit unions and other financial institutions (excluding currency
exchanges) with or without drive up tellers. (Drive up teller service is regulated by
Section 21120.09 of this Cha to er.)
(32)
SECTION 45. Amendment. Section 21560.03 of the Plymouth City Code (I-1, LIGHT
INDUSTRIAL DISTRICT—PERMITTED USES) is 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.
Subd. 5. Contractor operations.
Subd. 6. Dry cleaning processing plant and accessory pressing and repairing.
Subd. 7. Essential services and structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 8. Governmental and public utility (essential service) buildings and
structures, including public works type facilities.
Subd. 9. Laboratories.
Subd. 10. Machine shops.
Subd. 11. Mini -storage facilities.
Subd. 12. Offices related to other allowed uses (limited to fifty (50) percent of the
principal structure).
Subd. 13. Parks, trails, playgrounds and directly related buildings and structures,
City of Plymouth only.
Subd. 14. Printing presses and publishing facilities.
Subd. 15. Radio and television stations.
Subd. 16. Sexually oriented businesses – accessory or principal (as regulated by
Section 21195 of this Chapter).
Subd. 17. Stone and tile showrooms. -- Formatted: Font: Bold
Subd. 4-718. Studios – artist and commercial/portrait photography.
Subd. 4519. Therapeutic massage, if there are medical, dental or chiropractic offices or
clinics as legal non -conforming uses on the premises.
Subd. 4-920. Trade schools.
Subd. 3921. Vending companies.
Subd. 2122. Warehousing and indoor storage excluding explosives and hazardous
waste.
Subd. 3323. Wholesale showrooms.
(Amended by Ord. No. 98-25, 08/05/98) (Amended by Ord. No. 2001-16, 06/12/01)
(Amended by Ord. No. 2004-32, 12/14/04) (Amended by Ord. No. 2006-04, 02/07/06)
(Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09)
(33)
SECTION 46. Amendment. Section 21565.03 of the Plymouth City Code (I-2, GENERAL
INDUSTRIAL DISTRICT—PERMITTED USES) is 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.
Subd. 5. Bakeries, wholesale.
Subd. 6. Contractor operations.
Subd. 7. Distribution centers.
Subd. 8. Dry cleaning processing plant and accessory pressing and repairing.
Subd. 9. Essential services and structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 10. Food processing.
Subd. 11. Governmental and public utility (essential service) buildings and
structures, including public works type facilities.
Subd. 12. Laboratories.
Subd. 13. Machine shops.
Subd. 14. Mini -storage facilities.
Subd. 15. Offices related to other allowed uses (limited to fifty (50) percent of the
principal structure).
Subd. 16. Parks, trails, playgrounds and directly related buildings and structures,
City of Plymouth only.
Subd. 17. Printing presses and publishing facilities.
Subd. 18. Radio and television stations.
Subd. 19. Sexually oriented businesses – accessory or principal (as regulated by
Section 21195 of this Chapter).
Subd 20. Stone and tile showrooms. Formatted: Font: sold
Subd. 3021. Studios –artist and commercial/portrait photography.
Subd. 3422. Therapeutic massage, if there are medical, dental or chiropractic offices or
clinics as legal non -conforming uses on the premises.
Subd. 3323. Trade schools.
Subd. 3324. Truck terminals.
Subd. 3425. Vending companies.
Subd. 3526. Warehousing and indoor storage excluding explosives and hazardous
waste.
Subd. 3627. Wholesale showrooms.
(34)
(Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2008-09, 03/25/08) (Amended
by Ord. No. 2009-07, 05/12/09)
SECTION 47. Amendment. Section 21655.105 of the Plymouth City Code (PUD,
PLANNED UNIT DEVELOPMENT DISTRICT—REFERENCE TO PRE-EXISTING PUDS) is
added as follows:
1655.105 REFERENCE TO PRE-EXISTING PUDS: Planned Unit Develol2ments that Formatted: Font: sold
pre -date the adoption of this Chapter but remain in force are addressed in Section 21100.02,
Subd. 2 of this Chapter.
SECTION 48. Amendment. Section 21665.11 of the Plymouth City Code (SHORELAND
MANAGEMENT OVERLAY DISTRICT—NON-CONFORMING USES AND LOTS) is
amended as follows:
21665.11. NON -CONFORMING USES AND LOTS:
Subd. 1. Non -conforming uses of land and structures within the Shoreland Overlay
District shall be subject to the applicable requirements of Section 21100 of this Chapter, except
as otherwise provided by this section.
Subd. 2. A non -conforming single lot of record located within the Shoreland Formatted: Font: Bold
Overlay District may be allowed as a building site without variances from lot size requirements,
provided that:
(a) All setback requirements are met, as specified by the zoning district where such------- Formatted: Indent: Left: 0.5", First line: 0",
lot is located and b Table 3 Of this SCCtlori. Numbered + Level: 1 + Numbering Style: a, b,
y c, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.5" + Indent at: 0.75"
(b) The lot is served by a public sanitary sewer, or if the lot is not served by a public-,, Formatted: Indent: Left: 0.5"
sanitary sewer, a Type 1 sewage treatment system consistent with Minnesota Rules, Formatted: Indent: Left: 0.5", First line: 0",
chapter 7080, is installed. Numbered + Level: 1 + Numbering Style: a, b,
c, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.5" + Indent at: 0.75"
(C) The impervious surface coverage shall not exceed twenty-five (25) percent of the-,,, Formatted: List Paragraph, Left, No bullets or
total lot area lying above the ordinary high water level. numbering, Tab stops: 0.5", Left
Formatted: Indent: Left: 0.5", First line: 0",
Subd. 3. if-, in a group of twe or FAefe eentigueus lots tindeF the same ewnefship, Numbered + Level: 1 + Numbering Style: a, b,
c, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.5" + Indent at: 0.75"
la sueh ease, the lot shall be eembined with the ene ef fnefe eentiguous lots in efdef te eFeae-a
par -eel Fneeting (as fnueh as possible) the minimufn lot requifements.
Subd. 3. grown of two (2) or more contiguous lots of record under a common _ . -
Formatted: Font: Bold
-------Ina
ownership, an individual lot shall be considered as a separate parcel of land for the purpose of
sale or development, provided:
Formatted: Indent: Left: First line: 0",
Numbered + Level: 1 +Numbembering Style: a, b,
c, ... + Start at: 1 + Alignment: Left + Aligned
(aa) The lot contains at least sixty-six (66) percent of minimum dimensional`
at: 0.5" + Indent at: 0.75"
requirements for lot width and lot area, as specified by the zoning district where such lot Formatted: Indent: Left: 0.5"
is located and by Table 3 of this Section. " .
Formatted: Indent: Left: 0.5", First line: 0",
t
Numbered + Level: 1 + Numbering Style: a, b,
c, ... + Start at: 1 + Alignment: Left + Aligned
(b) The lot is served by a public sanitary sewer, or if the lot is not served by public•'
at: 0.5" + Indent at: 0.75"
sanitary sewer, a Type I sewage treatment system consistent with Minnesota Rules, Formatted: Font: CG Times (WN), Font color:
chapter 7080, and local government controls shall be installed..
Black
f----
Formatted: List Paragraph, Left, No bullets or
(c) Impervious surface coverage shall not exceed twenty-five (25) percent of each lot • -„_
numbering, Tab stops: 0.5", Left
based on the area of the lot lying above the ordinary high water level. � _ _ _ _ _ _
Formatted: Indent: Left: First line:
Numbered + Level: 1 +Numbebering Style: a, b,
•
c, ... + Start at: 1 + Alignment: Left + Aligned
(d) Development of the lot shall be consistent with the Plymouth Comprehensive-, •, •,
at: 0.5" + Indent at: 0.75"
Plan
Formatted: Font: CG Times (WN), Font color:
Black
Subd. 4. A lot subject to Subdivision 3 above that does not meet the requirements
Formatted: List Paragraph, Left, No bullets ornumbering, Tab stops: 0.5", Left
of Subdivision 3 must be combined with the one or more contiguous lots so they equal one (1) or
Formatted: Indent: Left: 0.5", First line: 0",
more conforming lots as much as possible.
Numbered + Level: 1 + Numbering Style: a, b,
c, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.5" + Indent at: 0.75"
(36)
i ubd. 5. Notwithstanding Subdivision 3 above, contiguous non -conforming lots of _.. Formatted: Font: sold
record under a common ownership in shoreland areas must be able to be sold or purchased
individually if each lot contained a habitable residential dwelling at the time the lots came under
common ownership, and the lots are served by a public sanitary sewer or if the lots are not served
by a public sanitary sewer, a Type 1 sewage treatment system consistent with Minnesota Rules,
chapter 7080, and local government controls shall be installed.
Subd. 46. Non -conforming uses, as defined in this Chapter, which abut the public
water, shall not be enlarged or increased, nor shall any such use be extended to occupy a greater
area of land than that occupied by such use at the time of the adoption of this section; unless such
expansion or extension is parallel to, or greater than, the existing setback on the public water side
of the property and is in compliance with all applicable regulations of this section and of the
underlying zoning district. Such uses shall not be moved to any other part of the parcel upon
which the same was conducted at the time of the adoption of this Chapter unless the purpose is to
gain compliance with the structural setback requirements of this section pursuant to plans
approved by the City and, where applicable, by the Commissioner of the Department of Natural
Resources.
(Amended by Ord. No. 2007-05, 01/23/07)
(37)
SECTION 49. Amendment. Section 21670 of the Plymouth City Code (WETLANDS
DISTRICT) is amended as follows:
SECTION 21670 - WETLANDS DISTRICT
21670.01. FINDINGS, INTENT AND INCORPORATION BY REFERENCE:
Subd. 1. The City has determined that wetlands serve to maintain water quality by
filtering water that is discharged into ground water aquifers and by retaining inorganic sediments,
toxicants, and nutrients. They also retain and reduce the discharge of phosphorus and transform
nutrients from their inorganic to organic forms, -thereby, protecting streams and water bodies
from eutrophication and contamination. Wetlands also store runoff and reduce the velocity of
and magnitude of flood peaks. In addition, some wetlands receive the upward discharge of
ground water. These wetlands tend to support -more stable biological communities since their
water temperatures and water levels tend to be more stable.
Subd. 2. Wetland vegetation also reduces the energy of waves, currents, and other
erosive forces and serves to prevent the erosion of shoreline areas. In addition, aquatic
vegetation provides food, shelter, and special habitat for wildlife. All of these wetland
characteristics provide valuable recreation and education resources.
Subd. 3. The City has also found that wetlands vary significantly in the degree that
they have been altered. Wetlands within the City exhibit great variations in their floral diversity,
quality of wildlife and fishery habitat, degree of fluctuation in response to storms, the extent to
which their shorelines have been altered or eroded, and their relative value in protecting water
quality. Therefore, the City has determined that it is necessary and beneficial to classify wetlands
based upon their functions and values. The City has also found that it is in the best interest of the
general health and welfare of the City to achieve no net loss of wetlands within the community.
Subd. 4. The City recognizes that a substantial amount of wetland degradation
results from sedimentation and nutrient loading related to construction projects. Therefore, the
City finds it necessary to require extraordinary measures to prevent such construction related
degradation.
Subd. 5. In addition to having regulations that affect the physical impacts within
wetland areas the City also finds that it is necessary to regulate the use of lands surrounding
wetlands. Buffer strips (as defined by Section 21005), are necessary and beneficial to
maintaining the health of wetlands. These strips of land surrounding wetlands protect their
shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before
storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for
wildlife.
(3 8)
Subd. 6. This section hereby incorporates by reference the Wetlands Conservation
Act of 1991 [Minn. Stat. 103G.221 et seq. (herein after referred to as the WCA)] and any future
amendments adopted by the legislature. Any activities exempted from the provisions of the
WCA are also exempted from the requirements of this section, insofar as they relate to the WCA.
All wetlands, as defined in Section 21005 of this Chapter, including those governed by the
Department of Natural Resources, are covered by the other provisions of this Chapter. Also,
there are circumstances under which the strict enforcement of these regulations may be
unreasonable and in circumstances that meet the criteria established in Section 21030 of this
Chapter, departures from the strict application of these standards may be permitted.
Subd. 7. It is the intent of this Chapter to avoid the alteration and destruction of
wetlands. When wetlands are altered or destroyed, mitigation must be provided to recreate the
functions and values of the lost wetland.
21670.02. PURPOSE AND IMPLEMENTATION:
Subd. 1. Through the adoption and enforcement of this section, the City shall
promote the general health, safety, and welfare of its residents by both conserving and protecting
wetlands and requiring sound management practices and mitigation as provided for in the WCA
when development occurs in the vicinity of wetlands. Through the implementation of this
section, the City seeks to accomplish the following purposes:
(a) To satisfy the requirements of the WCA as it may be amended and, thereby
achieve no net loss of wetlands within the City;
(b) To balance the needs to preserve and protect natural resources and systems with
both the rights of private property owners and the need to support the efficient use of
developable land within the City;
(c) To preserve the natural character of the landscape through the maintenance of
wetland ecosystems;
(d) To promote water quality by maintaining the ability of wetlands to recharge
ground water and receive the discharge of ground water, to retain sediment and toxicants
and filter and strip nutrients from surface water runoff before it discharges into
community lakes and streams, thus avoiding the contamination and eutrophication of
these water features; and
(e) To provide wildlife habitat and thereby support the maintenance of diversity of
both plant and animal species within the City.
Subd. 2. To accomplish these purposes, the City will:
(a) Genduat Maintain an inventory of all wetlands within the City;
(39)
(b) Develep—Maintain a system of classification for wetlands within the City and
classify the City's wetlands based upon their relative values related to floral diversity,
wildlife habitat, water quality protection, fishery habitat, flood storage, shoreline
protection, and aesthetic, recreational and education benefits.
(c) Prepare and maintain a comprehensive set of official maps identifying the location
and classification of all wetlands within the City.
(d) Establish wetland regulations that are coordinated with flood plain and shoreland
protection regulations.
(e) Require sound management practices to protect, conserve, maintain, enhance, and
improve the quality of wetlands within the community.
(f) Enforce standards for the alteration of wetlands when alteration is allowed,
including standards and procedures for the mitigation of the loss of wetland areas and
their functions and values, when alteration or destruction occurs.
(g) Obtain protective easements over or acquire fee title to wetlands as appropriate.
(h) Develop and maintain a program to educate the public about the numerous
benefits and features that wetlands provide and the adverse effects of improperly
managed urban development on wetlands.
21670.03. GENERAL PROVISIONS:
Subd. 1. Identification and Delineation of Wetlands.
(a) This section shall apply to all land containing wetlands and land within the
setback and buffer areas required by this section. Wetlands shall be subject to the
requirements established herein, as well as restrictions and requirements established by
other applicable Federal, State, and City ordinances and regulations. These wetland
protection regulations shall not be construed to allow anything otherwise prohibited in the
zoning district where the wetland area is located.
(b) A wetland is land that meets the definition of "wetlands" as set forth in Section
21005 of this Chapter. Wetlands shall be determined according to the United States
Army Corps of Engineers Wetland Delineation Manual (January 1987) and regional
supplements if available. Wetlands have been or will be identified and the wetland
classification as established by the officially adopted City maps shall be prima facie
evidence of the location and classification of a wetland. The official maps shall be
developed and maintained by the Community Development Department and are open to
inspection by the public. The presence or absence of a wetland on the official maps does
not represent a definitive determination as to whether a wetland covered by this section is
or is not present. Wetlands that are identified during site specific delineation activities
(40)
but do not appear on the official wetland maps are still subject to the provisions of the
section. It will be the responsibility of an applicant to delineate the exact wetland
boundary or to determine that no wetland exists on a subject property. All delineations
must be reviewed and approved by the City. If an applicant questions whether a wetland
exists or disputes its classification, the applicant shall have the burden to supply detailed
information for review supporting the applicant's assertion, including but not limited to,
topographic, hydrologic, floristic and/of soil data deemed necessary by the City to
determine the jurisdictional status of the wetland, its exact boundary and its classification.
Wetland delineations supplied by applicants shall be certified by a qualified wetland
delineator. Wetland delineators must satisfy any certification requirements that may be
established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and
Soil Resources.
(c) Only that portion of a property within the boundaries of a wetland shall be subject
to the provisions of this section.
(d) This section establishes four wetland classifications as defined in Section 21005
of this Chapter; Exceptional Quality, High Quality, Medium Quality, and Low Quality.
21670.04. GENERAL STANDARDS: The following standards apply to all lands within
andler containing or abutting a wetland:
Subd. 1. Septic and soil absorption systems must be setback a minimum of seventy-
five (75) feet from the City approved boundary of the wetland.
Subd. 2. The lowest ground floor elevation shall be two (2) feet above the 100 -Year
flood elevation or three Meet above the Ordinary High Water Mark of public waters regulated
by Section 21665 of this Chapter, whichever is greater.
Subd. 3. Structures intended to provide access across a wetland shall be prohibited
unless a permit is obtained in conformance with State Regulations.
Subd. 4. The MPCA's Best Management Practices and Minnesota Storm Water
Manual, as applicable, shall be followed to avoid erosion and sedimentation during the
construction process.
Subd. 5. City inspection schedules and fines for erosion control will double on
projects abutting wetlands.
Subd. 6. Before the City issues a building permit for a lot with a required wetland
buffer, the lot owner shall:
(a) Record a notice of the wetland buffer requirement against the title to the lot with
the office of the Hennepin County Recorder or Registrar of Titles, and
(41)
(b) Install the wetland monumentation required by Section 21670.07: of this Chapter.
Subd. 7. In cases where a site is not subject to the wetland buffer strips and
setbacks required by Section 21670.05, buildings, swimming pools, patios, decks, 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) (Amended by Ord. No. 2009-07, 05/12/09)
21670.05. WETLAND BUFFER STRIPS AND SETBACKS:
Subd. 1. For lots of record created after January 3, 1995, a buffer strip shall be
maintained abutting all wetlands. The setback and buffer provisions of this Chapter shall not
apply to lots of record on January 3, 1995, to developments for whieh eenditiefial use peFfflits,
site plans, pFeliminaFy pWs, final pWs er preliminatt), er final planned unit develepment pla
r-e,.,ie-,A,, but not yet aeted upon, pfier- to jantiafy 3, 1995, eF te sites that have under -g
. The City does however,
strongly encourage the use of a wetland buffer and setback on all lots in the City.
Subd. 2. Wetland buffer strips and structure setbacks shall apply to all parcels of
land whether or not the wetland is on the same parcel as a proposed development.
Subd. 3. Buffer strip vegetation shall be established and maintained in accordance
with the requirements found iH of thisSubdivision Section. nwing die first twe (2) years, an),
buffer vegetaien thm does not sun,ive must be replanted. After- twe yeaFs, if the eanditien of
ef-Ihis seetion—Buffer strips shall be identified within each lot by permanent monumentation
approved by the City.
Subd. 4. For roadways that must be aligned either adjacent to or across wetlands
and are subject to WCA replacement requirements, additional wetland filling to create a buffer
strip shall not be required. Trails that are intended to serve an interpretive function may also be
exempted from the buffer requirement. All other roadways and trails shall meet the buffer
standards established in either Section 21670.05 or 21670.06 below. (Amended by Ord. No.
2001-06, 02/13/01)
Subd. 5. If the area of the buffer has a preconstruction slope of twelve (12) percent
or greater, the buffer shall be at the applicable maximum width for the wetland classification.
The use of a meandering buffer strip to maintain a natural appearance is encouraged but not
required in areas of flat topography.
Subd. 6. The required structure setback shall apply to all structures, except that
such structure setback shall not apply to roadways and trails and their related retaining walls and
fences. (Amended by Ord. No. 2001-06, 02/13/01)
(42)
Subd. 7. Wetland buffer strips not required by this section may be voluntarily
created in conformance with the requirements of this section concurrent with approval of a site
plan, or in the absence of a site plan, upon approval of an administrative permit. (Amended by
Ord. No. 2001-06, 02/13/01)
,Subd. 8. Pursuant to the regulations of this section, the _following dimensional 4444 Formatted: Font: Bold
requirements shall apply for wetland buffers and setbacks ...............................................
: __---- Formatted: English (U.S.)
-
Wetland Buffer and Setback for Existin¢ Wetlands,
Impacted Wetlands, and Mitigated Wetlands.
Exceptional High Medium Low
Wetland Buffer Width (Min.):
50'
40'
2010'
10'
Wetland Buffer Width (Max.):*
100'
60'
4050'
2050'
Wetland Buffer Average Width:
75'
50'
30'
4425'
Structure Setback (from Buffer):**
15'
15'
15'
15'
Total (Average):
90'
65'
45'
3840'
* Buffer widths in excess of the listed maximums shall not be used in calculating
the average buffer width.
** These setbacks shall take precedence over other setbacks required in this Chapter.
Example of Buffer and Setback
Applied to a High Quality Wetland
High Quality
Building Area 50'Buffer
(43)
Formatted: English (U.S.)
21670.06. f REPEALED.I ALTERNATIVE TT. Div A TIVE WETL,A ND BUFFER ,STPdPS AND
Alternative Wetiand Buffers and Setbaeks, With B*traord*nar-y Measure -9
Wetland er`l:Qth (Minimum) 23' 29'
10' 3'
Wetland BuMr Alidtw (N4w6...ufn)* 3A' 30'
20' i3'
Avefage Wetland Buffer Width 30, 25,
is, l
(44)
Formatted: Justified
Formatted: Indent: Left: 0"
These setbaeks shall Wee preeedenee eveF other- setbaeks required in this Chapter.
------ f Formatted: Justified
Subd.. 5. Extr-aer,d:«....y management me e.. theA fn&y be pe..miae.d : ..tiers
with and tip slepe fferA the abeN,e buffer stfip and setbaek requirement ifielude, but are B64
Praetiees.
6. The applioant shall be responsible
.,f .....,. len ,to .d.., ufneat that the prepese,d xt...,er dinai..
nExtraefdinai!y
to submit all of the neeessafy
nstnuetien and st.ffflwate.
Management n
will be met thFOUgh the use of diese Extraafdinaf�, Management
s if net exeeed it. T
Pr-aetiees.
21670.07. MONUMENT REQUIRED: A permanent wetland buffer monument shall be
installed and maintained at each lot line where it crosses a wetland buffer, and where needed to
indicate the contour of the buffer, with a maximum spacing of two hundred (200) feet of wetland
edge. . (Amended by
Ord. No. 2002-02, 01122102)
21670.08. BUFFER STRIP VEGETATION PERFORMANCE STANDARDS:
Subd. 1. Where acceptable natural vegetation exists in buffer strip areas, the
fetentien ef such vegetation in an undisturbed state : refe e d shall be retained. A buffer strip
has acceptable natural vegetation if it:
(a) has a continuous, dense layer of perennial grasses that have been uncultivated or
unbroken for at least ten (10) -five 5 consecutive years, or
(b) has an overstory of trees and/or shrubs with at least eighty (80) percent canopy
closure that have been uncultivated or unbroken for at least ten (10) -Live 5 consecutive
years, or
(c) contains a mixture of the plant communities described in (+a) and (fib) above, that
have been uncultivated or unbroken for at least ten (18) -five L51consecutive years, Formatted: English (U.S.)
Subd. 2. Notwithstanding the abov-e-performance standards outlined in Subd. 1
above, the City may determine existing buffer vegetation to be unacceptable if,
(45)
(a) it is composed of undesirable plant species (including; but not limited to reed
canary grass, common buckthorn, purple loosestrife, leafy spurge mor noxious weeds),
or
(b) it is lacking a layer of organic thatch or duff, or
(c) has topography that tends to channelize the flow of surface runoff, or
(d) for some other reason it is unlikely to retain nutrients and sediment.
Subd. 3. Where buffer areas, or a portion thereof, are not vegetated or have been
cultivated or otherwise disturbed within ten -(1&) -five 5 ears of the permit application, such
areas shall be re -planted and maintained according to each of the following standards:
(a) The soil in wetland buffer strips shall be amended, as necessary, to ensure that the
soil has an organic content of not less than ten (10) percent and not more than twent�'{28)
thirtfive (35) percent.
(b) Buffer zones shall be planted with a Board of Water and Soil Resources (BWSR)
approved seed mix containing one hundred (100) percent perennial native plant species,
except for a one-time planting of an annual nurse or cover crop such as oats or rye.
(c) The seed mix to be used shall consist of at least twelve (12) pounds pure live seed
(PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native
forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and
five (5) species, respectively.
(d) The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per
acre.
(e) Native shrubs may be substituted for forbs. Such shrubs may be bare root
seedlings and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be
distributed so as to provide a natural appearance and shall not be planted in rows.
(f) Any ground cover or shrub plantings installed in buffer areas are independent of
landscaping requirements set forth elsewhere in the City code and City policy.
(g) Native prairie grasses and forbs shall be planted by a qualified contractor using a
drill designed for native prairie grass seedings, such as a Truax or Nesbitt Native Grass
Drill or a John Deere 1550 Power -Till Seeder.
(h) No fertilizer shall be used in establishing new buffer zones, except on highly
disturbed sites when deemed necessary to establish acceptable buffer vegetation and then
limited to amounts indicated by an accredited soil testing laboratory.
(46)
(i) All seeded areas shall have a two-inch thick application of compost (Mn/DOT
Grade 1 Section 3890) or be mulched immediately with clean straw at a rate of one and
one-half (1.5) tons per acre. Mulch shall be anchored with a disk or tackifier.
0) Buffer zones (both natural and created), shall be protected by silt fence during
construction and the fence shall remain in place until the area crop is established.
(k) Applicants may obtain from the City a set of standard seeding and planting
specifications for buffer zones which meet all the City requirements.
(Amended by Ord. No. 2002-02, 01/22/02)
Subd. 4. During the first five (5) years after initial planting, the developer shall
submit to the City an annual report documenting the progress for establishment of the buffer.
The report shall include a map of the buffer location, a description of compliance with the
performance standards, a description of activities completed within the past year, a description of
activities planned for the upcoming year, a map of plant communities within the buffer boundary
including square footage estimates of the areas of native plantings and invasive or non-native
vegetation, and other information as may be requested b the of Plymouth. OuHng4he-fifst
two '' s, -Until such time as the buffer is accepted by the City, the developer shall be
required to replant any buffer vegetation that does not survive. Afters the City has
accepted the buffer, if the condition of the buffer area changes through natural processes not
caused by the property owner, the owner shall not be required to re-establish the buffer area to
meet the standards established in this subdivision.
21670.09. ENCROACHMENT IN REQUIRED SETBACK AND BUFFER AREAS:
Subd. 1. Patios and decks may encroach up to a maximum of six (6) feet into
required structure setback areas. Porches may not encroach into required structure setback areas.
Buffef and wedand afeas must be kept free of all stmettifes and features, ineluding fenees
play -equipt —Any fence or retaining wall located within the required structure setback area
shall be designed and constructed so as to allow -not obstruct the flow of storm water4o-dew
through o~ ••~ae~ . ueh f nee (Amended by Ord. No. 2004-02, 01/13/04)
Subd. 2. Water quality ponds may encroach into required wetland buffer areas,
provided that the amount of buffer encroached upon does not exceed 50 percent of the total area
required for such ponding, and provided that the amount of buffer encroached upon does not
exceed 50 percent of the total area required for buffering. These limitations may be exceeded
where two -cell water quality ponding is utilized.
(Amended by Ord. No. 2001-06, 02/13/01)
• — — -- — — — — Formatted: Font: Not Italic
Aubd. 3, Wetlands and required wetland buffer areas must be kept free of all Formatted: Font: Bold, Not Italic
structures and features, including fences and playequipment.Formatted: Font: Not Italic
Formatted: Font: Not Italic
(47)
gubd. 4. Wetlands and required wetland buffer areas shall not be used for outside
storage of household or personal items, lawn equipment, furniture, firewood, parts, yard waste,
and the like,
21670.10. 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 intent and purposes of this subdivision.
SECTION 50. Effective Date. This Ordinance shall be in full force and effect upon its
passage.
ADOPTED on February 23, 2010.
zke(,�&W
Sandra R. Engdahl, City bierk
(48)
Kelli Slavik, Mayor
Formatted: Font: Bold
- Formatted: English (U.S.)
CITY OF PLYMOUTH
RESOLUTION NO. 2010-056
APPROVING SUMMARY PUBLICATION OF
ORDINANCE NO'S. 2010-01 AND 2010-02
THAT AMEND CHAPTERS 5, 7, 8, 10, 20, AND 21
OF THE CITY CODE AND ZONING ORDINANCE
These ordinances amend Chapters 5, 7, 8, 10, and 20 of the City Code Chapter 21 of the
Zoning Ordinance. This Summary Publication Resolution pertains to the annual update to the
zoning ordinance and city code adopted by the city council on February 23, 2010, and consists of
both technical and substantive amendments. The ordinances contain amendments to the
following articles:
SECTION 510 —
PRELIMINARY PLAT
SECTION 512 —
FINAL PLAT PROCEDURE
SECTION 530 —
TREE PRESERVATION
SECTION 705 —
REGULATION OF PUBLIC AND PRIVATE SEWERS AND DRAINS
SECTION 710 —
REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS
SECTION 800 —
CONSTRUCTION IN STREETS, ALLEYS AND PUBLIC GROUNDS
SECTION 1015 —
PERMIT PROCEDURES AND FEES
SECTION 2025 —
NOISE
SECTION 21005
— RULES AND DEFINITIONS
SECTION 21015
— ADMINISTRATION — CONDITIONAL USE PERMITS
SECTION 21030
— ADMINISTRATION — VARIANCES
SECTION 21045
— SITE PLAN REVIEW
SECTION 21100
— NON -CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS
SECTION 21105
— GENERAL BUILDING AND PERFORMANCE STANDARDS
SECTION 21115
— GENERAL YARD LOT AREA AND BUILDING REGULATIONS
SECTION 21120
— ACCESSORY BUILDINGS, STRUCTURES, AND USES
SECTION 21130
— FENCING/SCREENING/LANDSCAPING
SECTION 21135
— OFF-STREET PARKING AND LOADING
SECTION 21145
— HOME OCCUPATIONS
SECTION 21155
— SIGN REGULATIONS
SECTION 21173
— WIND ENERGY CONVERSION SYSTEMS (WECS)
SECTION 21450
— O, OFFICE 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, COMMERCIALANDUSTRIAL DISTRICT
SECTION 21555
— B -C, BUSINESS CAMPUS DISTRICT
Resolution No. 2010-056
Page 2 of 2
SECTION 21560 — I-1, LIGHT INDUSTRIAL DISTRICT
SECTION 21565 — I-2, GENERAL INDUSTRIAL 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 March 9, 2010.