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