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HomeMy WebLinkAboutCity Council Ordinance 2007-05CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2007-05 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2006093) THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendments. The text of Chapter 21 of the Plymouth City Code is hereby amended as follows: A. SECTION 21005.02 (RULES AND DEFINITIONS—DEFINITIONS) IS HEREBY AMENDED BY ADDING, DELETING, OR CHANGING THE FOLLOWING DEFINITIONS AS FOLLOWS: Commercial Trailer: For purposes of this Chapter, a commercial trailer is a trailer that transports property, materials and/or machinery used for an occupation or enterprise that is carried on for profit by the owner, lessee, or licensee. Commercial Vehicle: For purposes of this Chapter, a commercial vehicle is a self- propelled vehicle that travels along the ground on wheels and transports persons, and/or transports or pulls property, materials and/or machinery used for an occupation or enterprise that is carried on for profit by the owner, lessee, or licensee. Dog Park: A facility set aside for dogs (together with their owners) to exercise and play off -leash in a controlled environment. Such facilities may involve features including but not limited to ponding areas for swimming, water for drinking and rinsing, park benches, garbage cans, and tools and supplies for disposing of animal waste. Expansion: Any physical enlargement of a building or structure including, but not limited to, adding new space upward, downward, or outward, as well as any reorganization of existing interior space that results in an intensification of use. (1) Floor Area Ratio (FAR): The gross floor area of all buildings on a lot divided by the lot area (as expressed in square feet). Home Occupation, Licensed: A home occupation which requires approval of a home occupation license pursuant to Section 21145 of this Chapter. Home Occupation, Permitted: A home occupation which meets the requirements of a permitted home occupation pursuant to Section 21145 of this Chapter, and does not require approval of home occupation license. Main Living Level: The first (lowest) story of a residential dwelling unit, exclusive of a basement if one is provided. The main living level generally includes the primary kitchen facilities. Police Chief. The person designated by the City Manager to be the Police Chief for the City of Plymouth. B. SECTION 21025.02 (ADMINISTRATION — ADMINISTRATIVE PERMITS AND APPROVALS—ADMINSTRATIVE PERMITS) IS HEREBY AMENDED BY ADDING SUBD. 6 AS FOLLOWS: Subd.6. Expiration. (a) Events or activities requiring an administrative permit. An administrative permit for an event or activity shall become null and void upon completion of the event or activity that required the permit, or as may otherwise be specified on the face of the administrative permit issued by the City. (b) Uses requiring an administrative permit. Unless otherwise specified by the Zoning Administrator, an administrative permit required for a use or structure shall become null and void pursuant to the provisions of Section 21045.09 of this Chapter. C. SECTION 21045.10 (SITE PLAN REVIEW—SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS: 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, 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. (2) D. SECTION 21100.02 (NON -CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS—GENERAL PROVISIONS), SUBD. 5 (a) IS HEREBY AMENDED AS FOLLOWS: (a) Effective Date. The lawful use of buildings or land existing at the effective date of this Chapter which does not conform to the provisions of this Chapter may be continued, unless: (1) The nonconformity or occupancy is discontinued for a period of more than one (1) year. (2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the City Building Official, and no building permit has been applied for within 180 days of when the property is damaged. If a building permit has been applied for within 180 days of when the property is damaged, the City may impose reasonable conditions when issuing the permit in order to mitigate any newly created impact on adjacent property. (3) Notwithstanding item (2) above, any nonconforming use located in the floodplain overlay district that is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the City Building Official, shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall be continued or re- established in a manner that results in potential flood damage or obstructs flood flows in the floodway. E. SECTION 21100.02 (NON -CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS—GENERAL PROVISIONS), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS: Subd. 6. Non -Conforming Buildings and Structures. (a) Restoration. Unless a building permit has been applied for within 180 days of when a property is damaged, no lawful non -conforming building or structure which has been destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the City Building Official, shall be restored, except in conformity with the regulations of this Chapter. If a building permit has been applied for within 180 days of when the property is damaged, the City may impose reasonable conditions when issuing the permit in order to mitigate any newly created impact on adjacent property. (b) Alterations or Replacement. Alterations (e.g., repair, normal maintenance, remodeling) or replacement to a lawful non -conforming building or structure may be undertaken provided: (3) (1) The alterations or replacement do not expand the building size. (2) The alterations or replacement do not change the building occupancy capacity or parking demand. (3) The alterations or replacement do not increase the non -conformity of the building or the use. (c) Expansion of Non -Conforming Buildings or Structures. (1) Administrative Approvals. The following expansions of lawful non- conforming buildings and structures may be approved through the administrative permit process subject to the provisions of Section 21025 of this Chapter, provided that the Zoning Administrator finds that any such expansion will not have external negative impacts upon adjacent properties or public rights-of-way: (Amended by Ord. No. 2002-02, 01/22/02) a. Expansion of principal or accessory buildings found to be non- conforming only by reason of height, yard setback, or lot area may be permitted provided the structural non -conformity is not increased and the expansion complies with all other performance standards of this Chapter. b. Lawful non -conforming single- and two-family dwellings may be expanded to improve the livability provided the non -conformity of the structure is not increased. (2) Conditional Use Permit. Lawful non -conforming commercial, industrial, public, semi-public, and multiple family structures may be expanded on the same lot by conditional use permit provided: a. Expansion of buildings found to be non -conforming only by reason of height, yard and setback or lot areas are exempt from requiring a conditional use permit. b. Except for the above, the expansion will not increase the non- conformity of the building or site. C. The new building expansion will conform with all the applicable performance standards of this Chapter. A conditional use permit shall not be issued under this section for a deviation from other requirements of this Chapter unless variances are also approved. d. The request for conditional use permit shall be evaluated based on standards and criteria set forth in Section 21015.02, Subd. 5 and Section 21015.04 of this Chapter. (4) (d) Buildings or Structures in the Floodplain Overlay District. Notwithstanding paragraphs (a), (b), and (c) above, any restoration, alteration, replacement, repair, or expansion of a building or structure located within the floodplain overlay district shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall increase potential flood damage or increase the degree of obstruction to flood flows in the floodway. F. SECTION 21100.02 (NON -CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS—GENERAL PROVISIONS), SUBD. 7 (b) IS HEREBY AMENDED AS FOLLOWS: (b) Developed Lots. An existing conforming use or building on a lot of substandard size or width may be restored, altered, replaced, repaired, or expanded provided such restoration, alteration, replacement, repair, or expansion meets all other provisions of this Chapter. G. SECTION 21105.03 (GENERAL BUILDING AND PERFORMANCE STANDARDS— PLATTED AND UNPLATTED PROPERTY) IS HEREBY AMENDED AS FOLLOWS: 21105.03. PLATTED AND UNPLATTED PROPERTY: Subd. 1. Any person desiring to improve property shall submit to the Building Official a survey of said premises and information on the location and dimension of existing and proposed buildings, location of easements within the property, encroachments, and any other information which may be necessary to evaluate conformance with City ordinances. (Amended by Ord. No. 2002-02, 01/22/02) Subd. 2. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the City and be in conformity with existing streets, adopted plans, and according to the system and standards employed by the City. Subd. 3. Substandard lots of record shall be governed by Section 21100 of this Chapter. Subd. 4. No more than one (1) principal building shall be located on a single family residential lot, unless authorized by interim use permit to allow the temporary occupancy of an existing dwelling during construction of a new dwelling. Except by conditional use permit, no more than one (1) principal building shall be located on a multiple family residential lot or non- residential lot. The words "principal building" shall be given their common, ordinary meaning as defined in Section 21005 of this Chapter. (Amended by Ord. No. 99-5, 01/19/99) (Amended by Ord. No. 2004-17, 08/24/04) (5) Subd. 5. On a through lot, both street lines shall be front lot lines for applying the yard setback regulations of this Chapter. In addition, no home on a through lot or corner lot in any residential zone shall maintain direct access to any arterial street designated as such by the Comprehensive Plan. Subd. 6. When a development is proposed which is to be located on two (2) or more lots, and such lots are required to meet the minimum district area and frontage requirement and/or are required to accommodate the use, the lots shall be combined in accordance with the City's Subdivision Ordinance, prior to the issuing of a building permit. Subd. 7. In the case of properties which abut street easements, applicable setbacks shall be determined by the Zoning Administrator and related to roadway classification as identified in the Plymouth Comprehensive Plan. Subd. 8. Outlots are deemed unbuildable and no building permit shall be issued for such properties, except that permits for fences may be issued. (Amended by Ord. No 2002-32, 11/26/02) Subd. 9. Except as otherwise allowed by property subdivision, each lot shall have frontage and access directly onto an abutting, improved and City -accepted public street. An existing lot of record (vacant or for redevelopment) that does not have frontage and access directly onto an abutting, improved and City accepted public street shall require approval of a conditional use permit prior to issuance of any building permits. (Amended by Ord. No. 2002-02, 01122/02) H. SECTION 21105.06 (GENERAL BUILDING AND PERFORMANCE STANDARDS— EXTERIOR LIGHTING), SUBD. 5 (a) IS HEREBY AMENDED AS FOLLOWS: (a) Luminaire lamp wattage, shielding and installation requirements. (1) All outdoor lighting systems shall comply with the limits to lamp wattage and the shielding requirements in Table 3. (6) Table 3 — Maximum Wattage and Required Shielding *Shielding is nevertheless highly encouraged. (2) Only luminaires that are allowed to be unshielded in Table 3 may employ flexible or adjustable mounting systems. All other luminaires shall be permanently installed so as to maintain the shielding requirements in Table 3. (3) The City may accept a photometric test report, demonstration or sample or other satisfactory confirmation that a luminaire meets the requirements of the shielding classification. (4) Shielded fixtures must be constructed and installed in such a manner that all light emitted by the fixture meets or exceeds the specification given. This includes all the light emitted by the fixture, either directly from the lamp or by a diffusing element or indirectly by reflection or refraction from any part of the fixture. Any structural part of the fixture providing this shielding must be permanently affixed. (5) Luminaires within 300 feet of a residential property line shall be equipped with side shielding (house side shielding), except that luminaires mounted at a height of twelve (12) feet or lower shall be exempt from this requirement provided they meet IESNA full cut-off specifications. (6) All canopy lighting must be fully shielded. However, indirect up light is permitted under a canopy provided that no lamp or vertical element of a lens or diffuser is visible from beyond the canopy and such that no direct light is emitted beyond the opaque canopy. (7) The wattages specified in Table 3 are initial Lamp Lumens as taken from the lamp manufacturer's catalogue or lamp wattages, and do not include ballast or any other system losses. (7) SECTION 21105.06 (GENERAL BUILDING AND PERFORMANCE STANDARDS— EXTERIOR LIGHTING), SUED. 5 (f) IS HEREBY AMENDED AS FOLLOWS: (f) Following installation of any lighting on a site, the engineer or lighting professional who prepared the lighting plan shall certify in writing that the location, type, mounting height, wattage, and photometric data all comply with the approved lighting plan. J. SECTION 21105.11 (GENERAL BUILDING AND PERFORMANCE STANDARDS— OUTSIDE STORAGE/DISPLAY), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS: 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: (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. (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, 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. (8) (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.l . of this Chapter. (8) Recreational equipment. (9) Recreational vehicles and recreational camping vehicles, provided they are located 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) K. SECTION 21115.04 (GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—YARDS), SUBD. 1 (c) IS HEREBY AMENDED AS FOLLOWS: (c) Terraces, steps, decks, patios, uncovered porches, 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) (9) L. SECTION 21115.04 (GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—YARDS), SUBD. 4 IS HEREBY DELETED AS FOLLOWS: M. SECTION 21120.06 (ACCESSORY BUILDINGS, STRUCTURES, AND USES—TIME OF CONSTRUCTION) IS HEREBY AMENDED AS FOLLOWS: 21120.06. ACCESSORY BUILDING NOT ALLOWED PRIOR TO CONSTRUCTION OF PRINCIPAL BUILDING: No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (10) N. SECTION 21130.03 (FENCING/SCREENING/LANDSCAPING—REQUIRED FENCING, SCREENING AND LANDSCAPING), SUBD. 2 (c) IS HEREBY AMENDED AS FOLLOWS: (c) Number of Trees. The minimum number of new overstory trees on any given site shall be as follows: (1) Multiple Family Uses. Townhouse, manor home, manufactured home park and apartment dwelling structures shall require as a minimum: one (1) new tree per dwelling unit. (2) Non -Residential Uses -- New Development. New non-residential developments or uses shall require at a minimum the greater of. a. One (1) new tree per fifty (50) lineal feet of site perimeter; or b. One (1) new tree per one thousand (1,000) square feet of gross building floor area. If the floor area ratio (FAR) for the site would be 0.5 or greater, the developer may plant fewer trees on the site than required by this provision to prevent overcrowding, provided a cash fee in accordance with Section 530 of the City Code is deposited in the Community Planting Fund to make up the difference between the trees required by this provision and the trees actually planted on the site. (3) Non -Residential Uses -- Expansion to Existing Development. Expansion of existing non-residential developments or uses shall require at a minimum one (1) new tree per one thousand (1,000) square feet of expanded gross floor area. (4) Overstory Trees. An equivalent of up to fifty (50) percent of the required number of overstory trees may be substituted with the use of overstory trees in combination with other landscape design elements as listed in Section 21130.03, Subd. 2.(a) above. In such case, not less than three (3) understory trees shall be provided for each one (1) required overstory tree substituted. (Amended by Ord. No 2002-32, 11/26/02) O. SECTION 21135.11 (OFF-STREET PARKING AND LOADING—NUMBER OF OFF- STREET PARKING SPACES REQUIRED), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS: USE NUMBER OF PARKING SPACES REQUIRED Subd.3. Non -Residential: Animal Hospitals or Kennels Five (5) spaces plus one (1) space for each five hundred (500) square feet of floor area over one thousand 1,000 square feet. Automobile Washes: Shall be determined by the type of automobile wash as listed below: Automatic Drive Five (5) spaces or one (1) per employee on Through Service maximum shift, whichever is greater. Self -Service Car Wash One 1 space per bay. Motor Fuel Station One (1) space in addition to that required for the Automobile Washes station. Beauty or Barber Shops Two 2 spaces for each beauty or barber chair. Bowling Alleys Five (5) spaces for each lane or alley, plus additional spaces as may be required herein for related uses contained within the principal structure. Day Care Facilities One (1) space for each employee, plus one (1) space for each six 6 children of licensed capacity. Drive -In Convenience Food One (1) space for each two and one-half (2.5) seats Establishment plus one (1) space for each fifteen (15) square feet of public service and counter area. Furniture Sales One (1) space for each four hundred (400) square feet of floor area for the first twenty-five thousand (25,000) square feet, plus one (1) space for each six hundred 600 square feet thereafter. Manufacturing One (1) space for each employee on the major shift or one (1) space for each three hundred fifty (350) square feet, whichever is greater, plus one (1) space for each company motor vehicle on the remises. Medical, Chiropractic, or Dental Offices One (1) space for every two hundred (200) feet of or Clinics floor area. Motels, Hotels, Lodging or Boarding One (1) space per sleeping unit, plus one (1) space Houses per day shift employee plus one (1) space for each forty (40) square feet devoted to meeting or banquet rooms. (12) Motor Fuel Stations Four (4) spaces plus two (2) spaces for each service stall. Those facilities designed for sale of other items than strictly automobile products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this Chapter. Office Buildings and Professional One (1) space for each two hundred fifty (250) Offices, Other Than Any Area for square feet of floor area. Doctors, Chiropractors, or Dentists; Banks, Public Administration Offices Restaurants, Private Clubs, Lodges, Food One (1) space for each forty (40) square feet of Dispensing Establishments (Except floor area of dining and bar area and one (1) space Drive -In Restaurants) for each eighty 80 square feet of kitchen area. Retail Commercial Uses, Except as One (1) space for each two hundred (200) square Prescribed Herein feet of floor area. Retail Sales and Service Business with Eight (8) spaces or one (1) space for each two 50 Percent or More of Gross Floor Area hundred (200) square feet devoted to public sales Devoted to Storage, Warehouses, and/or or service plus one (1) space for each five hundred Industry (500) square feet of storage area, whichever is eater. Shopping Center One (1) space for each two hundred (200) square feet of leasable floor area. Truck Wash Three 3 spaces plus one (1) space per bay. Warehousing One (1) space for each two (2) employees of the largest shift or one (1) space for each two thousand (2,000) square feet of floor area, whichever is eater. (13) P. SECTION 21145 (HOME OCCUPATIONS) IS HEREBY AMENDED AS FOLLOWS: SECTION 21145 - HOME OCCUPATIONS 21145.01. PURPOSE: The purpose of this section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between those home occupations having minimal or no secondary impact, and those which have potential for adverse effects upon surrounding properties. 21145.02. APPLICATION: All occupations other than home offices as defined by Section 21005 of this Chapter which are conducted in the home shall comply with the provisions of this section. 21145.03. PROCEDURES AND PERMITS: Subd. 1. Permitted Home Occupations. Permitted home occupations, as defined in this Chapter, are exempt from permitting and licensing requirements but shall comply with the applicable provisions of Section 21145.04. Subd. 2. Licensed Home Occupations. Licensed home occupations, as defined in this Chapter, shall require a "home occupation license" which shall be applied for, reviewed and processed in accordance with the procedural provisions of Section 21030.04, Subd. 2 (a) of this Chapter. (Amended by Ord. No. 2002-32, 11/26/02) Subd. 3. Declaration of Conditions. The Zoning Administrator and City Council may impose such conditions on the granting of a home occupation license as may be necessary to carry out the purpose and provisions of this section. Subd. 4. Effect of Permit. A "home occupation license" may be issued for a period of one (1) year after which the license may be reissued for periods of up to three (3) years each by the Zoning Administrator. Subd. 5. Transferability. Home occupation licenses shall not run with the land and shall not be transferable. 21145.04. REQUIREMENTS: (14) Subd.1. General Provisions. All home occupations shall comply with the following general provisions: (a) No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent properties. (b) No equipment shall be used in the home occupation which will create electrical interference to adjacent properties. (c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the adjacent residential uses. (d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. (e) The home occupation shall meet all applicable fire and building codes. (f) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. (Amended by Ord. No. 2000-06, 02/29/00) (g) All home occupations shall comply with the provisions of the City Nuisance Ordinance. (h) No home occupation shall be conducted between the hours of 10:00 PM and 7:00 AM. (i) Excepting incidental materials, no commodities shall be sold on the premises. 0) Not over twenty-five (25) percent of any one story of the home shall be used for a home occupation. (k) Parking of commercial vehicles/ trailers shall comply with Section 21105.11, Subd. 2 of this Chapter. (1) There shall be no exterior storage of equipment, materials, or trailers used in the home occupation, except for the one (1) fully enclosed trailer that may be allowed pursuant to Section 21105.11 of this Chapter. (m) All home occupations shall be conducted entirely within the principal dwelling, except that up to fifty (50) percent of the total floor area of accessory structures (e.g., attached garage, detached garage, shed) on a site may be used for storage of equipment, trailers, or materials related to the home occupation, provided that no assembly, display, manufacturing, repair, or other business operations are conducted within an accessory (15) structure. Furthermore, in no case shall the total floor area of accessory structures devoted to related storage of materials, trailers, or equipment exceed 500 square feet. (Amended by Ord. No. 2002-02, 01/22102) (Amended by Ord. No. 2002-32, 11/26102) Subd. 2. Permitted Home Occupations. In addition to compliance with all of the general provisions outlined in Subd. 1 of this subsection, permitted home occupations shall comply with the following provisions: (a) No person other than those who reside on the premises shall be employed by the home occupation. (b) Not more than one (1) client or customer per day shall come to the premises in question for purposes pertaining to the conduct of the home occupation. (c) On -street parking facilities shall not be utilized to accommodate parking demand. (Amended by Ord. No. 2002-02, 01/22102) (Amended by Ord. No. 2002-32, 11126/02) Subd. 3. Licensed Home Occupations. In addition to compliance with all of the general provisions outlined in Subd. 1 of this subsection, licensed home occupations shall comply with the following provisions: (a) No person other than those who reside on the premises shall engage in business activities on the premises. The business may employ others provided no more than two (2) employee vehicles are regularly parked outside, and provided all work activities by employees are performed off the premises. (b) Examples of licensed home occupations include: massage therapy, barber and beauty services, photography studio, lessons, saw sharpening, small appliance repair and the like. (c) The home occupation may involve any of the following: stock -in -trade incidental to the performance of the servicebut not sold on the premises, repair service or manufacturing which requires equipment other than customarily found in a home. (d) Licensed home occupations may be allowed to accommodate their parking demand through utilization of on -street parking. In such cases where on -street parking facilities are necessary, however, the Zoning Administrator shall maintain the right to establish the maximum number of on -street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review. (e) There shall not be more than ten (10) client appointments per day upon the premises. (Amended by Ord. No. 2002-02, 01 /22102) (16) Subd. 4. Prohibited Home Occupation Activities. (a) Auto repair, whether for consideration or not, of vehicles which are not registered to a resident of the dwelling, or to a son or daughter, sibling, parent, grandparent, or grandchild of a resident on the property. (b) Businesses, educational programs or similar gatherings which meet on a regular basis and have more than five (5) non-residents in attendance at a time. (c) Gun or ammunition sales/repair. (d) Music instruction or recording studios, unless conducted within a single-family detached dwelling. (e) Pet care facilities, except for pet grooming. (Amended by Ord. No. 2002-02, 01/22/02) 21145.05. [REPEALED]. (Amended by Ord. No. 2002-02, 01/22102) 21145.06. INSPECTION: The City hereby reserves the right upon issuing any home occupation license to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. (17) Q. SECTION 21150.05 (DAY CARE FACILITIES—INSPECTION) IS HEREBY AMENDED AS FOLLOWS: 21150.05. INSPECTION: The City hereby reserves the right upon issuing any day care facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. R. SECTION 21350.03 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT— PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21350.03. PERMITTED USES: The following are permitted uses in a FRD District: Subd. 1. Agriculture, nurseries, greenhouses for growing only, landscape gardening and tree farms, including sale of products only grown on premises. Subd. 2. Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 3. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 4. Open space, public or private. Subd. 5. Parks, trails, playgrounds, and directly related buildings and structures; City of Plymouth only. Subd. 6. Residential facilities licensed by the State, serving six (6) or fewer persons in a single family dwelling. Subd. 7. Single family detached dwellings. S. SECTION 21355.03 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT 1—PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21355.03. PERMITTED USES: The following are permitted uses in a RSF-1 District: Subd. 1. Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 2. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. (18) Subd. 3. Open space, public or private. Subd. 4. Parks, trails, playgrounds, and directly related buildings and structures; City of Plymouth only. Subd. 5. Residential facilities licensed by the State, serving six (6) or fewer persons in a single family detached dwelling. Subd. 6. Single family detached dwellings. T. SECTION 21390.05 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4— ACCESSORY USES) IS HEREBY AMENDED AS FOLLOWS: 21390.05. ACCESSORY USES: The following are permitted accessory uses in a RMF -4 District: Subd. 1. All accessory uses as allowed in a RMF -3 District. Subd. 2. Backup generators, provided that any such generators located outside shall be subject to the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. U. SECTION 21390.11 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4—USES BY ADMINISTRATIVE PERMIT), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS: 21390.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in a RMF -4 District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. All administrative permit uses as allowed in a RMF -3 District. (Amended by Ord. No. 2005-01, 01/11/05) V. SECTION 21450.11 (O, OFFICE DISTRICT—USES BY ADMINISTRATIVE PERMIT), SUBD. 7 IS HEREBY AMENDED AS FOLLOWS: Subd. 7. Outside, above ground storage facilities for fuels used for standby heating purposes; outdoor generators located two hundred (200) feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such features for new developments shall be included with the site plan submitted for review and (19) approval as required by this Chapter. The location and design of such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: (Amended by Ord. No. 2001-06, 02/13/01) (a) The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association specifications, Minnesota Uniform Fire Code requirements and manufacturer's specifications. (b) An accurate site plan for the development based upon a certified survey, shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. (c) Solid wall enclosures should not be used to assure that fire hose streams can be directed onto such features with minimal obstruction. (d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. (e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this section, "signage" includes words, graphics, logos, and symbols. (f) Outdoor generators located less than two hundred (200) feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. W. SECTION 21455.11 (C-1, CONVENIENCE COMMERCIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS: Subd. 6. Outside, above ground storage facilities for fuels used for standby heating purposes; outdoor generators located two hundred (200) feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features shall be limited to gasoline, diesel, natural gas, or propane. The location and design of such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter. The location and design of such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria: (Amended by Ord. No. 2000-06, 02/29/00) (a) The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association specifications, Minnesota Uniform Fire Code requirements, and manufacturer's specifications. (20) (b) An accurate site plan for the development based upon a certified survey, shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening. (c) Solid wall enclosures should not be used to assure that fire hose streams can be directed onto such features with minimal obstruction. (d) Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points. (e) No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this section, "signage" includes words, graphics, logos, and symbols. (f) Outdoor generators located less than two hundred (200) feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter. X. SECTION 21455.11 (C-1, CONVENIENCE COMMERCIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT), SUBD. 9 (a) (3) IS HEREBY AMENDED AS FOLLOWS: (3) There shall be no more than two (2) special events per calendar year per property. However, each tenant in a multi -tenant building shall be permitted one (1) special event per year. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (21) Y. SECTION 21455.11 (C-1, CONVENIENCE COMMERCIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT), SUBD. 9 (e) (3) IS HEREBY AMENDED AS FOLLOWS: (3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. Z. SECTION 21460.07 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT— CONDITIONAL USES), SUBD. 7 (c) IS HEREBY AMENDED AS FOLLOWS: (c) No drive-through service windows are allowed. AA. SECTION 21460.09 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—INTERIM USES), SUBD. 2 (d) IS HEREBY AMENDED AS FOLLOWS: (d) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall include an analysis of the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi -tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. BB. SECTION 21465.03 (C-3, HIGHWAY COMMERCIAL DISTRICT—PERMITTED USES), SUBD. 4 IS HEREBY AMENDED AS FOLLOWS: Subd.4. Banks, savings and loans, credit unions, and other financial institutions (excluding currency exchanges), with or without including drive up tellers. (22) CC. SECTION 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS: Subd. 5. CC -OT District. (a) Day care facilities as a principal or accessory use provided that: (1) The use complies with the provisions of Section 21150 of this Chapter. (b) Manufacturing, compounding, assembly, packaging, treatment or indoor storage of products and materials as an accessory use provided that: (1) The use is accessory to a permitted use within this district. (2) No outside storage is associated with the use. (c) Multiple family dwellings (apartments, condominiums, townhouses, and similar attached housing) as part of a mixed land use development, provided that residential density does not exceed twenty (20) dwelling units per acre. (d) Retail commercial activities and personal services, provided that: (1) Retail uses and personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a CC -R Zoning District. (2) The use or activity complies with the specific intent and purpose of the City Center Plan portion of the Comprehensive Plan. (e) Warehousing/indoor storage provided that: (1) The use is accessory to a permitted use within this district. DD. SECTION 21475.13 (CC, CITY CENTER DISTRICT—USES BY ADMINISTRATIVE PERMIT), SUBD. 7 IS HEREBY AMENDED AS FOLLOWS: Subd. 7. Outside, above ground storage facilities for fuels used for standby heating purposes; outdoor generators located two hundred (200) feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers which are used in conjunction with the approved principal use, but not for sale, as regulated by Section 21455.11, Subd. 6 of this Chapter. (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2006-04, 02/07/06) (23) EE. SECTION 21475.17 (CC, CITY CENTER DISTRICT—SPECIAL DESIGN AND PERFORMANCE STANDARDS), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS: Subd. 6. Signs are regulated by Section 21155 of this Chapter. (Amended by Ord. No. 98-I1, 04/01198) (Amended by Ord. No. 2001-06, 02/13101) (24) FF. SECTION 21555.11 (B -C, BUSINESS CAMPUS DISTRICT—USES BY ADMINISTRATIVE PERMIT), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS: Subd. 5. Outside, above ground storage facilities for fuels used for standby heating purposes; outdoor generators located two hundred (200) feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers which are used in conjunction with the approved principal use, but not for sale, as regulated by Section 21455.11, Subd. 6 of this Chapter. (Amended by Ord. No. 2001-06, 02113/01) GG. SECTION 21560.07 (I-1, LIGHT INDUSTRIAL DISTRICT --CONDITIONAL USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS: Subd. 1. Accessory retail, accessory rental, or accessory service activity other than that allowed as a permitted use or conditional use within this Section, provided that: (a) Such accessory use is allowed as a permitted use in a business district. (b) Such accessory use does not occupy more than twenty-five (25) percent of the gross floor area of its associated principal use, or more than 5,000 square feet, whichever is less. (c) Such accessory use is completely enclosed within a principal structure. HH. SECTION 21560.07 (I-1, LIGHT INDUSTRIAL DISTRICT—CONDITIONAL USES), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS: Subd. 3. Commercial and professional offices (excludes offices/clinics for medical, dental, or chiropractic services) within the principal structure in excess of that which is allowed in this district or as a freestanding principal use. (25) II. SECTION 21650.05 (PI, PUBLICANSTITUTIONAL DISTRICT—ACCESSORY USES) IS HEREBY AMENDED AS FOLLOWS: 21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are permitted accessory uses in the PI District: Subd. 1. Accessory uses customarily incidental to the uses permitted in Sections 21650.03, 21650.07, and 21650.09 of this Chapter. Subd. 2. Buildings and structures for a use accessory to the principal use but such structure shall not exceed thirty (30) percent of the gross floor space of the principal use. Subd. 3. Fences as regulated by Section 21130 of this Chapter. Subd. 4. Off-street parking and loading areas as regulated by Section 21135 of this Chapter. Subd. 5. Scoreboards for public parks and public or private schools, provided that: (a) One scoreboard not exceeding sixteen (16) square feet in height or one hundred fifty (150) square feet in surface area is allowed per playing field, not including fields used only for practice; and (b) No commercial or non-commercial speech shall be permitted on the scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard. Subd. 6. Signs as regulated by Section 21155 of this Chapter. Subd. 7. Liquor on -sale when accessory and customary to uses permitted in Sections 21650.03, 21650.07, and 21650.09 of this Chapter. (Amended by Ord. No. 98-41, 12/16/98) Subd. 8. Temporary meteorological equipment and associated tower as regulated by Section 21173 of this Chapter. (Amended by Ord. No. 2002-19, 05/14/02) JJ. SECTION 21650.07 (PI, PUBLIC/INSTITUTIONAL DISTRICT—CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS: 21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the following are conditional uses in the P -I District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. (26) Subd. 1. Antennas not located on a public structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Automobile parking lots as a principal use provided that: (a) The use and design is in conformance with Section 21135 of this Chapter. Subd. 3. Buildings in excess of height limitations as specified in Section 21650.13 provided that: (a) For each additional five (5) feet in roof height as calculated by the Minnesota State Building Code, which is above the maximum building height allowed by Section 21650.13 of this Chapter, front and side yard setback requirements shall be increased by one (1) foot. (b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 4. Cemeteries or memorial gardens provided that: (a) The site is landscaped in accordance with Section 21130. (b) The use is available to the "public". (c) The use meets the minimum setback requirements for principal structures. Subd. 5. Colleges, seminaries, and other institutions of higher education. Subd. 6. Community centers. Subd. 7. Correctional facilities and shelters provided that: (a) Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses. (b) On-site services and treatment shall be for residents and inmates of the facility only, and shall not be for non-residents or persons outside the facility. (c) All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other buildings in the neighborhood. (d) No correctional facility shall be closer than one thousand three hundred twenty (1,320) feet from another licensed correctional facility or from any property designated on (27) the Land Use Guide Plan as residential and/or designated on the official zoning map as residential. (e) The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. (f) Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the City ordinances and policies. Subd. 8. Day care, social services or other non -directly related worship type activities as an accessory use within a religious institutional building(s). Subd. 9. Dog park facilities, provided that: (a) Any such facility established after January 23, 2007 shall be set back at least seventy-five (75) feet from residentially zoned or guided property. (b) Any such facility established after January 23, 2007 shall be completely enclosed with a fence and gates that are at least five (5) feet high, except that the fencing requirement may be waived in areas where natural barriers (e.g., wetlands) provide enclosure for the facility. (c) Adequate off-street parking shall be provided for the facility, as determined by the Zoning Administrator based on the size of and anticipated parking needs for the dog park. Subd. 10. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 11. Essential service structures (as defined by Section 21005 of this Chapter) that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that: (a) Equipment is completely enclosed in a permanent structure with no outside storage. Subd. 12. Helistops, as regulated by Section 21193 of this Chapter. Subd. 13. Hospitals, sanitariums or similar institutions provided that: (a) Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with Section 21130 of this Chapter. (b) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. (28) Subd. 14. Living quarters which are provided as an accessory use to a principal use in Section 21650.03 or to a conditional use in this Section provided that: (a) The living quarters shall not be used as rental property. (b) A maximum of one (1) such dwelling shall be allowed. (c) There shall be a demonstrated and documented need for such a facility (i.e., caretaker, security, etc.). Subd. 15. Mortuaries and funeral homes. Subd. 16. Offices, commercial and professional. Subd. 17. Offices/clinics for medical, dental, or chiropractic services. Subd. 18. Other uses of the same general character as those listed in Sections 21650.03 and 21650.07 of this Chapter. Subd. 19. Outdoor recreational areas including golf courses, swimming pools, and similar facilities. Subd. 20. Reduction in lot area requirements. Subd. 21. Residential shelters in accordance with Section 21190.02. Subd. 22. Retail commercial activities and personal services, provided that: (a) Merchandise is sold at retail.. (b) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a C-1 Zoning District. (c) The retail activity and personal services are located within a structure whose principal use is not commercial sales. (d) The retail activity and personal services shall not occupy more than fifteen (15) percent of the gross floor area of the building. (e) The retail activity and personal services are not located within a structure whose principal use is residential. (f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the business shall be visible from the outside of the building. (29) (g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. Subd. 23. Public safety communication towers and antennas, provided that: (a) Public safety communication towers in excess of 150 feet in height shall be located on property not less than ten (10) acres in size. (b) Public safety communication towers shall comply with the standards and requirements of Section 21175. (Amended by Ord. No. 98-12, 04/15/98) Subd. 24. Wind energy conversion systems (WECS) as regulated by Section 21173 of this Chapter. (Amended by Ord. No. 2002-19, 05114102) (Amended by Ord. No. 2003-35, 11/25/03) (Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2006-04, 02/07106) (Amended by Ord. No. 2006-13, 06/13/06) KK. SECTION 21650.11 (PI, PUBLIC/INSTITUTIONAL DISTRICT—USES BY ADMINISTRATIVE PERMIT), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS: Subd. 6. Outside, above ground storage facilities for fuels used for standby heating purposes; outdoor generators located two hundred (200) feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers which are used in conjunction with the approved principal use, but not for sale, as regulated by Section 21455.11, Subd. 6 of this Chapter. (Amended by Ord. No. 2001-06, 02/13/01) LL. SECTION 21665.11 (SHORELAND MANAGEMENT OVERLAY DISTRICT—NON- CONFORMING USES) IS HEREBY 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. Lots of record in the office of the County Register of Deeds on the effective date of the adoption of this section which do not meet the minimum area requirements set forth in this section or in the other applicable Sections of this Chapter may be allowed as building sites, provided; (30) (a) The proposed use is permitted in the underlying zoning district, and, if applicable, in the Flood Plain Overlay District; (b) The lot is in separate ownership from abutting lands; (c) The lot is served by municipal sanitary sewer, or, in the case of lots not served by sanitary sewer, the lot can fully comply with the sanitary sewer requirements of this section; (d) The lots can be developed with structures within all setback requirements set forth in this section or, where applicable, in the Section of this Chapter which governs the underlying zoning district. (e) Owners of substandard lots which are within the Metropolitan Urban Service Area as designated by the adopted Land Use Guide Plan, and which do not have lateral sanitary sewer service lines to the property, but which are in areas with trunk sanitary sewer service available, shall initiate the appropriate administrative procedures to install or to have the City install the lateral sanitary sewer service before Building Permits are issued for development of the substandard lot. Subd. 3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the minimum lot area or lot width requirement, as specified by the zoning district where such lot is located and by Table 3 of this Section, any such individual lot shall not be considered as a separate parcel of land for the purposes of sale or development. In such case, the lot shall be combined with the one or more contiguous lots in order to create a parcel meeting (as much as possible) the minimum lot requirements. Subd. 4. 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. SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. (31) ADOPTED by the City Council on January 23, 2007. ATTEST: I andra R. Engdah , VY Clerk (32) U"9�� Kelli Slavik, Mayor