HomeMy WebLinkAboutCity Council Ordinance 2006-04CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2006-04
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY
CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2005112)
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:
Currency Exchange: Any person, except a bank., trust company, arsings bank, savings
association, _credit union or industrial loan and thrift coin an,y, engaged in the business of
cashing c� hecks, drafts, money orders, or travelers' checks fir a fee. The term does not include a
person who provides these services incidental to the person's primary business if the charge for
cashing; a check or draft docs not exceed $1 or one percent of the value of the check or di -aft,
whichever is greater.
Lighting Related:
(a) Artificial Sky Glow: The brightening of the night sky attributable to man-made
sources of light.
(b)Candela: The unit of luminous intensity of a lighting source emitted in a given
direction.
{c} Curfew: A time each night after which certain electric illumination must be
turned off or reduced in intensity.
(d) Glare: Light that causes visual discomfort or disability or loss of visual
performance.
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(e) _Hardscape Lighting: Lighting associated with architectural features, such as
fountains, sculptures and the like.
(Q IESNA: The Illuminating Engineering Society of North America.
lg)—IESNA Full Cut-off1�: A light distribution designation of a luminaire where
zero candela intensity occurs at or above an angle of ninety (90) degrees above nadir.
Additionally, the candela per one thousand (1000) lamp lumens does not numerically
exceed one hundred (100) at or above a vertical angle of eighty (80) degrees above nadir.
This applies to all lateral angles.
0i IESNA Cut-off(CO): A light distribution designation for a luminaire where the
candela per one thousand (1000) lamp lumens does not numerically exceed twenty five
(25) at or above an angle of ninety (90) degrees above nadir and one hundred (100) at or
above a vertical angle of eighty (80) degrees above nadir. This applies to all lateral
angles.
(i) IESNA Semi Cut-off (SCO): A light distribution for a luminaire where the
candela per one thousand (1000) lamp lumens does not numerically exceed fifty (5 0) at or
above an angle of ninety (90) degrees above nadir and two hundred (200) at or above a
vertical angle of eighty (80) degrees above nadir. This applies to all lateral angles.
IESNA Non Cut-offQNCO): A light distribution with no restrictions.
{k) Landscape Lighting: Luminaires mounted in or at grade (not to exceed three feet
overall above grade) and used solely for landscape rather than area lighting or fully
shielded luminaires mounted in trees and used solely for landscape or fagade lighting.
f1)Lighting Zone: A type of area defined on the basis of ambient light levels,
population density and/or other community considerations. The zone for each parcel is
determined by the City Council.
Lin Light Trespass: Spill light that because of quantitative, directional or spectral
content causes annoyance, discomfort or loss in visual performance and visibility.
n Lumen: The unit of luminous flux; a measure of the amount of light emitted by a
lamp.
(o) Luminaire ("light fixture"): A complete lighting unit consisting of one or more
electric lamps, the lamp holder, reflector, lens, ballast and/or other components and
accessories.
(P) Luminance: The amount of light emitted in a given direction from a surface by
the light source or by reflection from a surface. The unit is candela per square meter or
nits.
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fc)_.... ....... Luminous Flux: A measure of the total light output from a source, the unit being
the lumen.
(t-jMounting Height: The vertical distance between the lowest part of the luminaire
and the ground surface directly below the luminaire.
Cs)—_Nadir: The downward direction, exactly vertical, directly below a luminaire.
(t_Obtrusive Light: Glare and light trespass.
(u) Ornamental or Accent Lighting: Outdoor lighting that is installed mainly or
entirely for its decorative effect or to accent an object or a feature, rather than as an aid to
visibility.
(v) -Photometric Test Report: A report by a testing laboratory certified by the
National Institute of Standards and Technology (NIST) describing the candela
distribution, shielding type, luminance and other optical characteristics of a specific
luminaire.
(w) Shielding Related:
(1) Fully Shielded: A luminaire rated IESNA Full Cut-off (FCO) meets this
definition.
(2) Shielded: A luminaire rated IESNA Cut-off (CO) meets this definition.
(3) Partly Shielded.: _A luminaire rated IESNA Seini Cut-off(SCO) ineets this
definition.
(4) Unshielded: A luminaire rated IESNA. Non Cut-off (NCO) meets this
definition.
(x) Spill Light Lighting from a lighting installation that falls outside of the
boundaries of the property on which the installation is sited.
(v) Temporary Lighting: Lighting installed with temporary wiring and operated for
less than. sixty (60) days in any calendar year.
(Amended by Ord. No. 2004-30, 11/23/04)
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EL a.
,22219210101
, Lighting..ation tha4 falls eulside ef the betiii
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B. SECTION 21045.04 (SITE PLAN REVIEW -MINOR PROJECTS), SUBD. 1 (a) IS
HEREBY AMENDED AS FOLLOWS:
(a) Sites shall be in non-residential zoning districts, including those within planned
unit developments, and shall not be within two hundred (200) feet of any residentially
used or zoned property other than vacant property in the Future Restricted Development
District which the Land Use Guide Plan classifies as non-residential.
C. SECTION 21045.07 (SITE PLAN REVIEW -INFORMATION REQUIREMENT),
SUBD. 1 (q) IS HEREBY AMENDED AS FOLLOWS:
(q) Lighting Plan. The plan shall depict all exterior lighting for the development and
must include:
(1) Lighting zone assignment(s).
(2) Location of all exterior lighting by type.
(3) Description, including but not limited to catalog cut sheets by
manufacturers and drawings, of the illuminating devices, fixtures, lamps,
supports, reflectors, and other devices proposed.
(4) Mounting height of all luminaires.
(5) Hours of illumination.
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(6) Photometric data, such as that furnished by manufacturers--er—s+r
showing the angle of cutoff or light emissions. Photometric data need not be
submitted when the shielding of a fixture is obvious to the Zoning Administrator.
(7) Calculations providing watts per square foot.
(�7-4(8) Signature of registered engineer or certified lighting professional who
prepared the plan.
(Amended by Ord. No. 2004-30, I1 /23/04)
D. SECTION 21105.06 (GENERAL BUILDING AND PERFORMANCE STANDARDS—
EXTERIOR LIGHTING) IS HEREBY AMENDED AS FOLLOWS:
21105.06. EXTERIOR LIGHTING: xeept for single and two family honaes leeat�,a
wit io-the R SF wing districts, a". eExterior lighting shall comply with the following standards:
Subd. 1. Purpose and Scope. The purpose of this Section is to establish exterior
lighting requirements that will 1) permit reasonable uses of lighting for night-time safety, utility,
security, productivity, enjoyment and commerce, 2) minimize glare, obtrusive light and artificial
sky glow by limiting outdoor lighting that is misdirected, excessive or unnecessary, 3) conserve
energy and resources to the greatest extent possible and 4) help protect the natural environment
from the damaging effects of night lighting from man-made sources.
Subd. 2. Applicability.
(a) All outdoor lighting fixtures (luminaires) in Lighting Zone 3., and all outdoor
lighting fixtures on non-residential properties in Lighting Zones 1 and 2 shall be installed
in conformance with the provisions of this Section and Section 21155 (Sign Regulations)
as applicable as well as the latest rules, codes and regulations, including but not limited to
OSHA, National Fire Codes of Fire Protection Association (NFPA), Ivlinnesota State
Building Code, and National Electrical Code. In addition, all lighting fixtures shall be
installed under appropriate permit and inspection.
(b) Lighting on single- and two --family homes, manor homes., and townhouses is not
eev� =e�Kggglated by this aM�M Section. However, it is recommended that lighting
for such dwellings conform to the regulations in this Section.
(c) Lighting in the public right -_of -=way is not mer -a -d -regulated by this -m ;,
Section. However, it is recommended that all such lighting conform to the regulations in
the -this Section.
Subd. 3. Use of Lighting Zones.
(a) Using Table 1 as a guide, the City Council shall determine and maintain Lighting
Zones within the boundaries of the City.
(b) The lighting zones established by this Ordinance are hereby set forth on the
Plymouth, Minnesota Lighting Zone Map; and said map is hereby made a part of this
Ordinance; said map shall be known as the "Plymouth, Minnesota Lighting Zone Map".
Said map and all notations, references, and data shown thereon are hereby incorporated
by reference into this Ordinance and shall be as much a part of it as if all were fully
described herein. It shall be the responsibility of the Zoning Administrator to maintain
said map, and amendments thereto shall be recorded on said Lighting Zone Map within
thirty (30) days after official adoption of amendments. The official Lighting Zone Map
shall be kept on file in the City Hall. The Lighting Zone of a parcel or project shall
determine the limitations for lighting as specified in this Section. (Amended by Ord. No.
2005-07, 05/10/05)
(c) Amendments to the Lighting Zones shall be processed according to the procedures
established in Section 21010 of this Chapter.
Table 1 — Lighting Zone Ratings and Characteristics
LZ1 Dark Natural areas (City -owned open space as
defined in the Plymouth Comprehensive
Plan); rural areas (properties guided Living
Area Rural)
LZ2 Low Low and medium density residential areas,
(generally properties guided Living Area -1,
Living Area -2, Living Area -3
LZ3 Medium High density residential areas (properties
guided Living Area -4), shopping and
commercial districts (generally properties
guided Commercial, City Center and
Commercial Office), industrial parks and
districts (properties guided Planned
Industrial), City playfields and major
institutional uses and mixed use districts
Subd. 4. Light Trespass Limitations. The illuminance levels provided in Table 2
shall be used for enforcement should concerns of obtrusive lighting or questions of compliance
arise. This provision shall apply to all exterior lighting, and to interior lighting ifthe light source
is visible off-site. The illuminance values given artzprovided in Table 2 shall be measured at the
prope-ity=Lot line ei�-unless said lot line abuts a public street, in which case the illuminance values
shall be measured at the centerline of a --such public street.
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Table 2 — Light Trespass Limitations
Subd. 5. General Performance Standards:
(a) Luminaire lamp wattage, shielding and installation requirements.
(1) All outdoor lighting systems except signs shall comply with the limits to
lamp wattage and the shielding requirements in Table 3.
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 peFmantly
p rnianentlyinstalled 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
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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) to limit obtrusive light observed from the
residential property.
(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) Directional lamp sources, such as LED sources, shall be limited to a
luminance level of one thousand (1,000) candela per square meter (nits) from sunset to
sunnse.
(8) The wattages specified in. Table 3 are initial. Lamp Luunen.s as taken from
the lamp manufacturer's catalogue or lamb wattages, and do not include ballast or any
other system losses.
(b) Height Limits.
(1) Pole mounted lighting. Lighting mounted onto poles or any structures
intended primarily for mounting of lighting shall not exceed a mounting height of forty
(40) percent of the horizontal distance of the light pole from the property line, nor a
maximum height according to Table 4, whichever is lower. Height includes the base and
the pole heights.
Table 4 — Maximum Lighting Mounting Height in Feet
(2) Exceptions for pole heights.
a. Mounting heights greater than forty (40) percent of the horizontal
distance to the property line but no greater than permitted by Table 4 may be used
provided that the luminaire is side shielded (house side shielding) toward the
property line.
b. Lights specifically for driveways, and then only at the intersection
of the road providing access to the site, may be mounted at any distance relative to
the property line, but may not exceed the mounting height listed in Table 4.
C. Landscape lighting may be installed in a tree.
(3) Lights mounted to buildings or structures. Lighting mounted onto
buildings or other structures shall not exceed a mounting height greater than four (4) feet
higher than the tallest part of the building or structure at the place where the lighting is
installed, nor higher than forty (40) percent of the horizontal distance of the light from the
property line, whichever is less.
(4) Exceptions for building mounted lights.
a. Lighting for facades may be mounted at any height equal to or less
than the total height of the structure being illuminated regardless of horizontal
distance to property line.
b. For buildings less than forty (40) feet to the property line, including
canopies or overhangs onto a sidewalk or public right of way, luminaires may be
mounted to the vertical fagade or underside of canopies at sixteen (16) feet or less.
C. The top exterior deck of parking garages shall be treated as normal
pole mounted lighting rather than as lights mounted to buildings. The lights on
the outside edges of such a deck must be side shielded to the property line.
(c) Total site lighting power limits. The following subsection applies to all outdoor
lighting, whether attached to buildings, poles or structures or self-supporting.
(1) The maximum allowed lighting limit shall be determined as follows:
a. Following the rules in Item (2) below, multiply the area (square
footage) of each of the application types in Table 5 by the allowed lamp
wattage per square foot for the appropriate Lighting Zone.
b. Add up the total of the watts for each application type.
C. The power allowance for the application type shall not exceed the
total application limit in Table 5.
(2) Rules
a. Power is not allowed for any use types not listed, except for those
items given in Subd. 6 (Exempt Lighting) and 7 (Special Purpose
Lighting) below.
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b. Only one application type may be applied to any given area.
C. Canopy allowances include only the area within the drip line area
of the canopy.
d. Areas that are not designed to be illuminated may not be counted
toward the total site limit.
e. The entire area cannot be used for the power allowance.
Table 5 — Lighting Power Allowances
(maximum watts per square foot= unless otherwise noted)
10
Parking lots, plazas,
Paved areas plus 5 feet of the
0.020
0.040 0.080
hardscape lighting,
perimeter of adjacent unpaved
driveways, on site
land. Includes planters and
private drives
landscaped areas less than 10 feet
wide that are enclosed by
hardsca a on at least three sides.
*Sidewalks,
Paved area plus 5 feet of unpaved
0.040
0.080 0.15
walkways and
land on either side of path of travel.
bikeways
*Building entrances
Width of doors plus 3 feet on either
0.35
0.50 0.70
twithout canopy)
side times a distance outward from
the building from the surface of the
doors 10 feet.
*Building-rwtry
Drip line area under canopy. 13
0.10
0.20 0.40
entrances ++itii
watts plus the value in the LZ
ca lop„ a1!j tiar,olpie�
columns.
for drive -up sales,
luadwg; * c, and
general use -earn) pies
Vehicle service
Drip line area under canopy; or 500
0.30
0.60 1.20
station
square feet per double -sided fuel
dispenser unit not under canopy.
Building facades
Entire vertical area of fa ade.
Not allowed
0.18 0.35
Outdoor sales lot
Portion of uncovered outdoor sales
Not allowed
0.60 1.10
lot used for display of vehicles or
other merchandise for sale. All
adjacent access drives, walkway
areas, customer parking areas,
vehicle service or storage areas that
are not surrounded on at least three
`
sides by sales area shall be
considered hardsca e.
Outdoor sales
Valid only for sections of an
Not allowed
Not allowed 30 w/lf
frontage (frontage in
outdoor sales area that are along
linear feet and the
the frontage. A corner sales lot
allowance is per
may include both sides provided
linear foot)
that a different principal viewing
location exists for each side.
Ornamental lighting
Entire site.
By conditional
0.010 0.020
use permit only
There niav be minimum lighting requirements pursuant to the R4in.ncsota
State Building Code.
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(d) Required lighting controls. Lighting systems for non-residential properties shall
be extinguished or reduced in lighting by at least fifty (50) percent beginning at curfew
and continuing until dawn or start of business, whichever is sooner. The reduction shall
be determined as an overall average for a site. When possible, the lighting system should
be turned off entirely.
(1) Curfew. Curfew shall be as follows:
LZ1, the later of 8:00 PM or close of business
LZ2, the later of 10:00 PM or close of business
LZ3, the later of midnight or close of business
(2) Exceptions to curfew:
a. When there is only one (conforming) luminaire for the site.
b. Code required lighting for steps,, und-stairs, walkways, and building
entrances.
C. When in the opinion of the City Council, reduced lighting levels at
a given location will cause unacceptable increased risk and design
levels must be maintained.
(e) Prohibited lighting.
(1) Mercury vapor lamps
(2) Lighting fixtures mounted to aim light only toward a property line.
(3) Lighting fixtures mounted in a way so as to cause confusion or hazard to
traffic or to conflict with traffic control signs or lights.
(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 and photometric data all meet the letter of the approved lighting plan.
(g) Any new lighting installed after the effective date of this ordinance shall be in
compliance with the requirements of this Section. Any lighting in existence before the
effective date of this ordinance that does not comply with the requirements shall be
considered legally non -conforming. However, if a property owner proposes to replace
fifty (50) percent or more of the existing exterior light fixtures or standards in any one (1)
year period, the fixtures or standards must be replaced in conformance with this Chapter.
Subd.6. Exempt Lighting: The following luminaires and lighting systems are
exempt from the provisions of this Section.
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(a) Lighting required and regulated by the Federal Aviation Administration or other
federal or state agency.
(b) Situations where fire, police, rescue or repair personnel need light for temporary
emergencies or road repair work.
(c) Temporary holiday lighting provided that individual lamps are ten (10) watts or
less.
(d) Temporary lighting for theatrical, television and performance areas.
(e) Soffit or wall -mounted luminaires less than twenty (20) watts incandescent or
nine (9) watts compact fluorescent and permanently attached to dwellings (including
multi -family residence but excluding hotels or motels) not to exceed twenty (20) feet
above the adjacent grade.
(f) Lighting in swimming pools and other water features governed by Article 680 of
the National Electrical Code.
(g) Code required exit signs.
(h) Code required lighting for stairs and ramps.
(i) Interior lighting except as addressed by Section 21105.06 Subd. 4 of this Section.
Subd. 7. Special Purpose Lighting.
(a) High intensity lighting. The following lighting systems are prohibited from being
installed except by administrative permit.
(1) Aerial lasers
(2) Skytrackers
(b) Other special lighting.
(1) Lighting systems not complying with the technical requirements of this
Section but consistent with its intent may be installed for the following
applications upon issuance of a conditional use permit. Each request for a
conditional use permit shall be evaluated based upon the standards and criteria set
forth in Section 21015.02, Subd. 5 of this Chapter.
(i) Outdoor athletic fields and recreations areas.
(ii) Construction lighting.
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(iii) National and State flag lighting with spotlights greater than 70
watts in LD and greater than 39 watts in LZ1 and LZ2.
(iv) Floodlighting of buildings over two (2) stories high.
(v) Public monuments, public buildings and religious institutions.
(vi) Ornamental lighting in LZ1.
(vii) Any other lighting application not listed in Table 5.
(2) To obtain a conditional use permit, applicants shall demonstrate that the
proposed lighting installation:
(a) Is not within LZ1, except for ornamental lighting and necessary
construction lighting.
(b) Utilizes fully shielded luminaires and, if require, side shielded and
internally shielded luminaires that are installed in a fashion that maintains
the shielding characteristics unless certified in writing by a registered
engineer or by a certified lighting professional that such shielding is
impractical. Where fully shielded fixtures cannot be utilized, acceptable
luminaires shall include only those that are installed with minimum aiming
angles of twenty-five (25) degrees downward from the horizontal. Said
aiming angle shall be measured from the axis of the luminaire's maximum
beam candlepower as certified by an independent testing agency.
(c) Has received every reasonable effort to mitigate obtrusive light and
artificial sky glow, supported by a signed statement from a registered
engineer or by a certified lighting professional describing the mitigation
measures.
(d) Complies with all the technical requirements of this Section after
curfew, with the following exception. No illumination of athletic fields
shall be permitted after 11:00 PM, except to conclude a scheduled event
that was in tlie-progress before 11:00 PM and circumstances prevented
concluding before 11:00 PM.
(Amended by Ord. No. 2004-30, 11/23/04)
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E. SECTION 21105.11 (GENERAL BUILDING AND PERFORMANCE STANDARDS—
OUTSIDE STORAGE/DISPLAY), SUBD. 1 (c) IS HEREBY AMENDED AS
FOLLOWS:
(c) In the. FRD, R.SF, RA1 4F. 0, C 1, C ; (X—' and-B-C—all zoning districts, outside
storage, including but not limited to equipment storage and the parking of vehicles, shall
be prohibited as a principal use of property. (Amended by Ord. No. 2001-06, 02113101)
(Amended by Ord. No. 2002-02, 01122102)
F. SECTION 21115.04 (GENERAL YARD, LOT AREA AND BUILDING
REGULATIONS—YARDS), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd.1. The following shall not be considered as encroachments on yard setback
requirements.
(a) Cantilevers up to ten (10) feet in width, chimneys up to six (6) feet in width, and
flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the
like, provided they do not project more than two and one-half (2-1/2) feet into a required
yard. Window wells and their related covers shall not encroach in existing or required
drainage or utility easements, unless approved by the City Engineer. (Amended by Ord.
No. 2005-01, 01111105)
(b) Uncovered walkways, stoops, and steps within a front yard.
(lac) Terraces, steps, decks, patios, uncovered porches, stoops or similar features
provided they do not extend above the height of the ground floor level of the principal
structure and to a distance less than six (6) feet from a side or rear lot line, or 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, 06/25102)
(ed) Play and recreational facilities, private dog kennels, laundry drying equipment,
detached outdoor living rooms or gazebos not exceeding five hundred (500) square feet,
and air conditioning or heating equipment not exceeding established State noise levels
may be located within: 1) a rear or side yard provided they are set back at least six (6)
feet from any lot line, and 2) a front yard which qualifies as an equivalent rear or side
yard (as defined by this Chapter) provided they are set back from such front lot line a
distance equal to, or greater than, the minimum front setback specified for the principal
building on the lot, and are set back at least six (6) feet from other lot lines. No
encroachment shall be permitted in existing or required drainage and utility easements,
unless approved by the City Engineer. (Amended by Ord. No. 2002-25, 06/25/02).
(Amended by Ord. No. 2000-06, 02/29100) (Amended by Ord. No. 2002-02, 01/22102)
(Amended by Ord. No. 2004-02, 01/13104)
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G. SECTION 21115.04 (GENERAL YARD, LOT AREA AND BUILDING
REGULATIONS—YARDS), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. Corner Lots. Front yard requirements shall be observed on each street
frontage of a corner lot.tx�e the rear boar ...e lot is paft efthe side betin(j
SiLe4E}-line—than the minimum sept! -z*yf#i}t-y$i<-rtequi-rcE-along sizcisFivstfeec-A:n-4lila
near to the str-ee4 side lei lifie as will give a pfuetieable depth by appreval of a eenditional i
H. SECTION 21115.07 (GENERAL YARD, LOT AREA AND BUILDING
REGULATIONS— TWO FAMILY, TOWNHOUSE, MANOR HOME, MULTIPLE
FAMILY USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. No single townhouse or manor home structure shall contain more than
eight {-S-)-tourteeq 14 dwelling units.
I. SECTION 21135.06 (OFF-STREET PARKING AND LOADING—OFF-STREET
PARKING RESTRICTIONS), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Junked or inoperable vehicles may not be parked, stored or otherwise
located on any property within the City for a period greater than) ninety-six (96) hours unless
placed completely within an enclosed building or garage or screened in accordance with the
provisions of Section 21130 of this Chapter.
J. SECTION 21135.07 (OFF-STREET PARKING AND LOADING—PARKING AREA
DESIGN), SUED. 5 (e) IS HEREBY AMENDED AS FOLLOWS:
(e) Dimensional Requirements. Unless otherwise specified in this Chapter, stall, aisle
and driveway design for required off-street parking --shall comply with the following
standards:
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L
K
Me Lot Line ---+I
- - -- — �•• �!�' �� f � - Lam,: .'�: ` , - �. � - �
A T
E -
I
K
Rost tot lire
(Amended by Ord. No. 2001-06, 02/13/01)
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Dimension
Diagram
45° 60° 75° 90°
Stall width parallel to aisle*
A
12.7 10.4 9.3 9.0
Stall length of line
B
25.0 22.0 20.0 18.5
Stall depth
C
17.5 19.0 19.5 18.5
Aisle width between stall lines
D
12.0 16.0 23.0 26.0
Stall depth, interlock
E
15.3 17.5 18.8 18.5
Module, edge of pavement to interlock
F
44.8 52.5 61.3 63.0
Module, interlocking
G
42.6 51.0 61.0 63.0
Module, interlock to curb face
H
42.8 50.2 58.8 60.5
Bumper overhang (typical)
I
2.0 2.3 2.5 2.5
Offset
J
6.3 2.7 0.5 0.0
Front yard setback of parking to lot line
K**
R Districts- Residence Uses (except 1 & 2 30
Family)
R Districts- Non Residential Uses 20
Commercial and P/I Districts 20
Industrial Districts 50
Adult Correctional Facilities 200
Side and rear yard setback of parking to lot
line
K**
R Districts- Residence Uses (except 1 & 2 10
Family)
R Districts- 1 & 2 Family 3***
R Districts- Non Residential Uses 30
Commercial and P/I Districts 20
Industrial Districts 20
Adult Correctional Facilities 400
Cross aisle, one-way
L
14.0
14.0
14.0 14.0
Cross aisle, two-way
- -
24.0
24.0
24.0 24.0
Front lot line to drive (landscape area)
M
R Districts - Residential Uses 10.0
R Districts - Non Residential Uses 30.0
Commercial and P/I Districts 10.0
Industrial Districts 25.0
Side and rear lot line to drive*****
N
R Districts - 1&2 Family Dwellings 3.0***
(landscape area
R Districts - Other Residential Uses 10
R Districts - Non Residential Uses 30.0
Non -Residential Uses 15.0
Parallel parking, stall width
--
9.0
Parallel parking. stall length
--
23.0
Parking or drive aisle setback to principal
structure
O
All Districts 10.0
Minimum inside turning radius for fire lanes
--
All Districts 45'
* Required handicap stalls and ramps shall be per State Code.
** Joint or combined parking facilities on separate lots as authorized and when constructed adjacent to a
common lot line separating two (2) or more parking areas are not required to observe the parking area setback from
such common lot line.
*__,.___.....__ Except that parkin _shall not occur within arnv established drainage or utilit , easement - refer to Section
21 135.08. Subd. 5.
**** Except that the setback for lots with frontage on cul-de-sac turnarounds may less than 3 feet ._for _that
I)ortio❑ of the lot located within 15 feet of such cul-de-sac turnaround.
(Amended by Ord. No. 2001-06, 02/13/01)
17
K. SECTION 21135.11 (OFF-STREET PARKING AND LOADING—NUMBER OF OFF-
STREET PARKING SPACES REQUIRED) IS HEREBY AMENDED AS FOLLOWS:
21135.11. NUMBER OF OFF-STREET PARKING SPACES REQUIRED: The
following minimum number of off-street parking spaces shall be provided and maintained by
ownership, easement, and/or lease for and during the life of the respective uses hereinafter set
forth.
USE NUMBER OF PARKING SPACES REQUIRED
Subd.1. Residential:
Single Family Dwellings
Two 2) spaces.
Two Family Dwellings
Two 2) spaces perdwellin r unit.
Town -Houses, Manor Homes
Two and one-half (2.5) fee free spaces for each
}g -dwelling unit, of which one (1) must be
enclosed.- Ip us one guest parking space for
every four (4) units.
Apartment Dwellings
Two and one-half (2.5) fee free spaces for each
living -dwelling unit, of which one (1) must be
enclosed.
Housing for Elderly
One and one-half (1.5) spaces for each dwelling
unit.
Subd. 2. Institutional/Education aUCultural:
Auditoriums, Theaters, Religious
One (1) space for each four (4) permanent seats
Institutions, Sports Arenas
based on the design capacity of the main assembly
hall. Facilities as may be provided in conjunction
with such buildings or uses shall be subject to
additional requirements which are imposed by this
Chapter.
Community Center, Physical Culture
One (1) space for each three hundred (300) square
Studio, Libraries, Museums
feet of floor area.
Nursing Homes, Rest Homes
One 1 space for each four (4) beds.
Private or Private Non -Profit Baseball
One (1) space for each eight (8) seats of design
Fields
capacity.
School, Elementary and Junior High
Three (3) spaces for each classroom. This
(Public or Private)
requirement may be reduced at the Zoning
Administrator's discretion to reflect facility use
and/or parking policy. Adequate space shall be
allowed for the dropping off and/or picking up of
students as determined by the Zoning
Administrator.
V.
School, High School (Public or Private)
One (1) space for each two (2) students based on
the design capacity. This requirement may be
reduced at the Zoning Administrator's discretion
to reflect facility use and/or parking policy.
Adequate space shall be allowed for the dropping
off and/or picking up of students as determined by
the Zoning Administrator.
Subd.3. Non -Residential:
Animal Hospitals or Kennels
Five (5) spaces plus one (1) space for each five
hundred (500) square feet of floor area over one
thousand 1,000 square feet.
Automobile Washes:
Shall be determined by the type of automobile
wash as listed below:
Automatic Drive
Five (5) spaces or one (1) per employee on
Through Service
maximum shift, whichever is greater.
Self -Service Car Wash
One 1) space per bay.
Motor Fuel Station
One (1) space in addition to that required for the
Automobile Washes
station.
Beauty 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.
19
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 without Drive Up Tellers, 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.
Subd. 4. Non -Specified Uses:
For uses not specifically listed above, off-street parking requirements shall be computed by the
Zoning Administrator on the same basis as required for the most similar listed uses. In such
cases, the Zoning Administrator shall also consult off-street parking reference materials
including, but not limited to, manuals prepared by the American Planning Association, and
Institute of Transportation Engineers.
(Amended by Ord. No. 99-5, 01119199) (Amended by Ord. No. 2001-06, 02/13/01) (Amended by
Ord. No. 2005-01, 01 /11 /05)
L. SECTION 21155.02 (SIGN REGULATIONS—GENERAL REGULATIONS AND
RESTRICTIONS), SUBD. 2 (d) IS HEREBY AMENDED AS FOLLOWS:
(d) No illumination involving movement, by reason of the lighting arrangement, the
lighting source, changes in lightingintensity, or other devices shall be permitted. This
includes blinking, flashing, scrolling and rotating, except that signs aher-natively
alternately displaying time and temperature may be allowed.
M. SECTION 21155.03 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
1 (c) (3) IS HEREBY AMENDED AS FOLLOWS:
(3) Camp -g- Non-conimercial Signs. Tempom-y signs -fes
eat rpai: s-�� ,�� �. ee thifty two (322 s-gttafe---fit-�sn -e-a�a-lyTon-
commercial signs of any size and in any number may be posted
size shall not apply from August 1 in a state general election years until
ten Q0) days follow_in<7 the .he general election, and from thirteen (13) weeks rip _or_to
any special election until ten (10) days following the special election.; _awl- Signs
shall be removed not more than ten (10) days after an election. The owner or
manager of the sign, the owner of the land, or the political candidate shall be
equally responsible for the proper location, maintenance, and ultimate removal of
the signs. Setback requirements may be waived for such signs, provided that they
are located on private property with the express consent of the property owner,
and provided that they do not impede safety by obstructing vision of pedestrians
or motor vehicle operations.
N. SECTION 21155.04 (SIGN REGULATIONS—ADMINISTRATION AND
ENFORCEMENT), SUBD. 2 (g) IS HEREBY AMENDED AS FOLLOWS:
(g) _1= porary-Non-commercial signs for non eommeizeial announeemeii4s f
groups-aru not exceeding thirty-two 32) square feet in sign area,
and all non-commercial signs authorized by Section 21155.03, Subd. 1 (c) (3) of this
Chapter.
O. SECTION 21450.03 (O, OFFICE DISTRICT—PERMITTED USES), SUBD. 1 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 1. Banks, savings and loans, credit unions and other financial institutions
(excluding currency exchangesJ,+tE4-inc4u dim- without drive -up tellers.
21
P. SECTION 21450.03 (O, OFFICE DISTRICT—PERMITTED USES), SUBD. 7 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 7. Offices,iclinics _for medical, dental, and —or chiropractic and elini �
services.
Q. SECTION 21450.07 (O, OFFICE DISTRICT—CONDITIONAL USES), SUBD. 2 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 2. Banks, savings and. loans credit unions and other financial institutions
(excluding currency exchanges) with drive -up tellers.
R. SECTION 21450.07 (O, OFFICE DISTRICT—CONDITIONAL USES), SUBD. 4 (c) IS
HEREBY AMENDED AS FOLLOWS:
(c) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use permit.
E-x-tefier- sales- ff—steOutdoor display of merchandise shall be allowed by
administrative permit, pursuant to Section 21.450.11, Subd. 6 of this Chapter.
S. SECTION 21450.07 (O, OFFICE DISTRICT—CONDITIONAL USES), SUBD. 4 (h) IS
HEREBY AMENDED AS FOLLOWS:
(h) All canopy lighting for motor fuel station pump islands shall be recessed or frilly
shielded to pr -e ide a 90 ao•-+ee ^uhf Illumination levels for pump islands shall -net
exe.eed 30 feet eandles complywith Section 21105.06 of this Chapter.
T. SECTION 21450.11 (O, OFFICE DISTRICT—USES BY ADMINISTRATIVE
PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21450.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the O District by administrative permit as may
be issued by the Zoning Administrator: (Amended by Ord. No. 2002-02, 01/22102)
Subd. 1. Antennas located upon an existing structure or tower as regulated by
Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
22
Subbd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 4. Model homes, temporary as regulated by Section 21165.
Subd.5. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd.6. Outdoor display (pen-nanent) of seasonal or convenience items (e.g.,
windshield washer fluid softener salt, etc.) as an accessory use in association with a convenience
grocery market with prepared food and/or motor fuel sales, provided that:
(a) The area so occupied shall. not exceed ten (10) percent of the gross floor area of
the principal building or lift, L5(:)) sure feet, whichever is less.
(b) No display of merchandise shall occur within the required front, rem or side
yay rds.
(c) Such outdoor display of' merchandise shall be limited to the area of customer
entrances or within pump islands.
(d) Such outdoor dish , of merchandise shall not exceed five (5)feet in height.
Such outdoor disolav area shall be included in the calculations for narki
required for the use and shall not occupy paces required for parking as regulated by
Section 21135 of this Chapter, except as may be exempted for cause_.._ by the Zoning
Adm i ni-arntor.
Subd. 67. Outside, above ground storage facilities for fuels used for heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to the
approved principal use, but not for sale. Such facilities shall be limited to liquefied petroleum
and propane gas used for standby heating and to equipment used for dispensing such gaseous
fuels to vehicles and containers which are used in conjunction with the allowed principal use.
The location and design of such facilities 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 facilities for existing developments in all cases shall be subject to the approval of the
Zoning Administrator and the following criteria: (Amended by Ord. No. 2001-06, 02/13/01)
23
(a) The design, construction, and location of the equipment 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 the storage equipment, including any fencing
and landscaping relating to the safety and screening of the equipment.
(c) Solid wall enclosures should not be used to assure that fire hose streams can be
directed onto the storage equipment with minimal obstruction.
(d) Equipment 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.
Subd. 78. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 89. Temporary mobile towers for personal wireless service antennas.
Subd. 910. Temporary structures as regulated by Section 21167 of this Chapter.
(Amended by Ord. No. 2002-02, 01122102) (Amended by Ord. No. 2004-02, 01113104)
U.
V
SECTION 21455.03 (C-1, CONVENIENCE COMMERCIAL DISTRICT—
PERMITTED USES), SUBD. 12 IS HEREBY AMENDED AS FOLLOWS:
Subd. 12. Offices, commercial and professional not including offices.%clinics for
medical, dental, aml-or chiropractic ef- ees a , lim s services.
SECTION 21455.07 (C-1, CONVENIENCE COMMERCIAL DISTRICT
CONDITIONAL USES), SUBD. 2 (c) IS HEREBY AMENDED AS FOLLOWS:
(c) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use permit.
Outdoor display of merchandise shall be allowed by
administrative permit, pursuant to Section 21455.11 Subd. 5 of this Chapter.
24
W. SECTION 21455.07 (C-1, CONVENIENCE COMMERCIAL DISTRICT—
CONDITIONAL USES), SUED. 2 (h) IS HEREBY AMENDED AS FOLLOWS:
(h) All canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded to provide full shie , int. Illumination levels for pump islands shall b-- as
stipulate if comply with Section 21105.0-56 of this Chapter. (Amended by Ord. No.
2004-30,11123104)
X. SECTION 21455.11 (C-1, CONVENIENCE COMMERCIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Open of eOutdoor sales, display tNn-qanqntJ of seasonal or
convenience items (e.g., windshield washer fluid, softener salt. etc.) as an accessory use in
association with an allowed principal use provided that:
(a) The area so occupied shall not exceed ten (10) percent of the gross floor area of
the principal building; or 1.00 square feet, whichever is less.
(b) No sterage-or-display of merchandise shall be -per i4ed-occur within the required
front, rear, or side of at yards; -and
(c _ Such outdoor display of merchandise shall be limited to the area of the -customer
entrances or within pump islands.
(d) Such outdoor display of merchandise shall not exceed five (5) feet in height.
(ee) -Such outdoor sales, fe tal of display area shall be included in the calculations
for parking spaces required for the use and shall not occupy space required for parking as
s-6pu-1ate4-regulated by Section 21135 of this Chapter, except as may be exempted for
cause by the Zoning Administrator.
Y. SECTION 21455.11 (C-1, CONVENIENCE COMMERCIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT), SUBD. 9 IS HEREBY AMENDED AS FOLLOWS:
Subd. 9. Temporary, outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
25
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year.
(b) Carnivals.
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales):
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, seasonal merchandise sales (except Christmas trees),
and transient merchant and transient produce merchant sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceedty{}ninety (90) days per calendar year per property.
b. There shall be no more sales activities than those specified in the
administrative permit and, in no case, shall there be more than ten (10)
sales activities per year per property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Temporary sales on unpaved
landscaped areas is prohibited.
26
pen.pit--#or-. tip t-e 30-- additional day". ir-4em.. le- sal-s-5--pmvi(-W
ff0t)eeI4-y:
ed. Sales of fireworks shall be as preid regulated by Section 1110
of the City Code. (Amended by Ord. No. 2005-01, 01/11/05)
(d) Outdoor Christmas Tree Sales.
(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty-
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. (Amended by Ord. No. 2005-01, 01/11/05)
(2) Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
27
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 Director of
Public Safety, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the
event. The Zoning Administrator may authorize special signage for purposes of
traffic direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(45) The approved permit shall be displayed on the premises for the duration of
the event.
(56) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(Amended by Ord. No. 99-20, 07/20/99)
Z. SECTION 21460.03 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—
PERMITTED USES), SUBD. 20 IS HEREBY AMENDED AS FOLLOWS:
Subd.20. Offices/clinics for M.1nedical, dental, atA—or chiropractic --maces and
elinies services.
AA. SECTION 21460.07 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21460.07. CONDITIONAL USES: The following are conditional uses in a C-2 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
Subd. 1. All conditional uses subject to the same conditions as allowed in the C-1
District, unless cited as a permitted use in this Section.
Subd. 2. Drive through service windows accessory to permitted uses, provided that:
(a) The drive through service window is in compliance with the performance
standards stipulated in Section 21120.09 of this Chapter, unless further restricted by this
Section.
(b) No element of the drive through service are shall be located on properties that are
within 300 feet of residentially zoned or guided property unless completely screened by
an intervening building.
(c) Residential properties shall be screened from vehicle lights in the stacking area.
(d) The hours of operation are limited to 7 AM to 10 PM, unless extended by the
Council as part of the conditional use permit.
Subd. 3. FEmiiture stores with less thaii 5,000 squafe feet of gross fleet- afea on
pfope . y--"w#h--'ae-ees-, "m an ntenr ediate nr►n,-.nl t!'V' "OiY et No, n�' 9
Subd. 43. Grocery, supermarkets, provided that:
(a) The loading area is in compliance with Section 21135.14.
(b) The hours of operation are 6 AM to 11 PM, unless extended by the Council as
part of the conditional use permit.
(c) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections.
(d) All elements of the use, including mechanical equipment, shall comply with
Section 21105.10 of this Chapter.
Subd. 54. Liquor on -sale when accessory to a restaurant, provided that:
(a) The business is not located within 150 feet of a residential structure.
Subd. 65. Public garage/parking ramps provided that:
(a) It is accessory to a use allowed in the C-2 District.
41,
Subd. 76. Religious worship facilities and related social events provided that:
(a) The space utilized for such activities is shared with a use allowed within this
district or occupies no more than twenty (20) percent of a multi -tenant shopping center.
(b) Activities shall be limited to worship services and directly related social events.
Subd. 87. Restaurants internal to a multi -tenant shopping center, provided that:
(a) The use will not conflict with existing or potential neighboring uses.
(b) The storage, preparation, and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon the applicable State and County regulations.
(c) No drive-through services windows are allowed.
Subd. 98. Trade schools, tutoring/learning centers, or vocational schools
(Amended by Ord. No 2005-08, 05/10/05)
BB. SECTION 21465.03 (C-3, HIGHWAY COMMERCIAL DISTRICT—PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21465.03. PERMITTED USES: The following are permitted uses in a C-3 District:
Subd. 1. All permitted uses as allowed in the C-1 District.
Subd. 2. Amusement centers.
Subd. 3. Auto accessory stores (not including service).
Subd. 4. Banks, savings and loan, credit unions, and other financial institutions
with or without including drive up tellers.
Subd. 5. Commercial recreation indoor, e.g., sport and health clubs, bowling alley,
roller rinks, etc.
Subd. 6. Delicatessen/coffee house without drive-through service.
Subd. 7. Essential services not including structures except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 8. Furniture stores with less than 5,000 square feet of gross floor area.
Subd. 9. Liquor, on and off sale.
bd. 10. Medieal, dental, and -ti£ ..?f�Ef%s and ti limes.
Subd.41-1_0. Motels, motor hotels and hotels.
Subd, 11. Of6ces.1/clinics .for medical, dental, or chiropractic services.
Subd. 12. Private clubs or lodges serving food and beverages.
Subd. 13. Reception halls.
w
Subd. 14. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 15. Restaurant, delivery or take out.
Subd. 16. Restaurants not of the drive-in, convenience or drive-through type.
Subd. 17. Sexually oriented businesses - principal and accessory.
Subd. 18. Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
Subd. 19. Sports and fitness clubs.
Subd. 20. Veterinary clinic and kennel; and pet sales, supplies and grooming.
(Amended by Ord. No. 2000-09, 03/21100) (Amended by Ord. No. 2001-06, 02/13/01) (Amended
by Ord. No. 2001-28, 08/14101) (Amended by Ord. No. 2002-27, 08/13/02) (Amended by Ord.
No. 2002-32, 11126/02) (Amended by Ord. No. 2004-11, 07127104) (Amended by Ord. No. 2005-
01, 01/11105)
CC. SECTION 21465.07 (C-3, HIGHWAY COMMERCIAL DISTRICT—CONDITIONAL
USES) IS HEREBY AMENDED AS FOLLOWS:
21465.07. CONDITIONAL USES: The following are conditional uses in a C-3 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
Subd. 1. All conditional uses, subject to the same conditions as allowed in the C-1
District. (Amended by Ord. No. 2000-09, 03/21/00)
Subd. 2. Accessory, enclosed retail, rental or service activity other than that allowed
as a permitted use or conditional use within this Section, provided that:
(a) Such use is allowed as a permitted use in a commercial district.
(b) Such use does not constitute more than fifty (50) percent of the gross floor area of
the principal use.
(Amended by Ord. No. 2002-32, 11/26/02)
Subd. 3. Buildings in excess of height limitations specified in Section 21465.13,
provided that:
(a) For each additional five (5) feet in roof height, as calculated according to the
Minnesota State Building Code, which is above the maximum building height allowed by
Section 21465.13 of this Chapter, front and side yard setback requirements shall be
increased by one (1) foot.
31
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 4. Commercial car washes (drive-through, mechanical and self-service as a
principal or accessory use), provided that:
(a) Magazining or stacking space is constructed to accommodate an appropriate
number of vehicles and shall subject to the approval of the City Council.
(b) The entire area shall have a drainage system which is subject to the approval of
the City and gives special consideration to the prevention of ice build up during winter
months.
Subd. 5. Delicatessen/coffee house with drive-through service, provided that:
(a) The operation. shall be responsible for litter control. within three hundred (300)
feet of the_ y.emises and Litter control is to occur on a daily basis. Trash receptacles must
be provided at a convenient location on site to facilitate litter control.
(b) The drive-through operation shall comply with the performance standards listed in
Section 211.20.09 of this Chapter.
Subd.46. Drive-in and/or convenience food establishments, provided that:
(a) The storage, preparation and service of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon applicable State and County requirements.
(b) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
(c) These facilities shall be located only on sites having direct access to a minor
arterial street, collector or service road.
(d) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections.
(e) Alcoholic beverages shall not be sold or served.
(f) Drive-through service windows may be allowed subject to the performance
standards stipulated in Section 21135 of this Chapter.
Subd. 57. Entertainment, live; in association with a restaurant.
32
Subd. 78. Liquor on -sale when accessory to a restaurant.
Subd. 89. Motor vehicle fuel sales (excluding convenience grocery market with such
facilities), truck stop, and auto repair -minor provided that:
(a) Regardless of whether the dispensing, sale or offering for sale of motor fuels
and/or oil is incidental to the conduct of the use or business, the standards and
requirements imposed by this Section for motor fuel stations shall apply. These standards
and requirements are, however, in addition to other requirements which are imposed for
other uses of the property.
(b) Motor fuel facilities shall be installed in accordance with State and County
standards. Additionally, adequate space shall be provided to access gas pumps and to
allow maneuverability around the pumps. Underground fuel storage tanks are to be
positioned to allow adequate access by motor fuel transports and unloading operations
which do not conflict with circulation, access and other activities on the site. Fuel pumps
shall be installed on pump islands.
(c) Whenever fuel pumps are to be installed, pump islands shall be installed. Pump
islands and their related parking and maneuvering aisle shall be located no closer to the
street or adjacent property lines than this Chapter allows for parking spaces, provided that
such location does not encroach upon street right-of-way, pedestrian areas, or adjacent
property.
(d) A protective canopy located over pump islands may be an accessory structure on
the property and may be located twenty (20) feet or more from the front lot line, provided
adequate visibility both on and off site is maintained. All. canopy lighting for motor Iuel
station pump islands shall be recessed or full_ shielded. Illumination levels for pu!)Ip
islands shall comply with. Section 21105.06 ofthis Chapter.
(e) There shall be no outdoor service operation of lubrication equipment, hydraulic
lifts of service pits, tire changing, drive systems repair and tuning, or similar operations.
(f) No outside storage, salon, or- r„*^' shall be allowed except as specifically allowed
by separate administrative use permit, pursuant to item (h) below and Section 21465.11,
Subd 2 of this Chapter.
(g) Sale of products other than those specifically mentioned in this sub -section shall
be limited to those allowed in this district and shall be subject to approval as part of the
conditional use permit.
(h) No outside storage of parts, equipment, or inoperable vehicles shall be allowed.
(Amended by Ord. No. 2000-09, 03/21/00)
33
DD. SECTION 21465.11 (C-3, HIGHWAY COMMERCIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21465.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a C-3 District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. All uses by administrative permit as allowed in a C-2 District. (Amended
by Ord. No. 2002-32, 11 /26/02)
Subd. 2. Outside storage as an accessory use provided that:
(a) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(b) Compliance with Section 21105.11 -of-this Chapter.
(a) The use alas not take ,,.....,,..lei ' leading arnd for- -ee--", f� y
to this Chapter-.
(b) Addiiienal paFking, pursuan4 to Seetion .11135 of this Chaptef is provided for s,
space:
(Amended by Ord. No. 2005-01, 01/11/05)
EE. SECTION 21470.03 (C-4, COMMUNITY COMMERCIAL DISTRICT—PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21470.03. PERMITTED USES: The following are permitted uses in the C-4 District:
Subd. 1. All permitted uses as allowed in a C-1, C-2 and C-3 District.
Subd. 2. Antique shops, including incidental restoration.
Subd. 3. Appliance and electronic stores including incidental repair and assembly
but not fabricating or manufacturing.
Subd. 4. Boat, marine, snowmobile sales, enclosed.
Subd. 5. Body art establishments.
Subd. 6. Books, office supplies and equipment, or stationary stores and sales.
Subd. 7. Building supply sales within the principal structure.
Subd. 8. Carpet, rugs and tile retail sales.
Subd. 9. Coin and philatelic stores.
34
Subd. 10. Clothes, rental and sales.
Subd. 11. Department, discount, and warehouse stores.
Subd.
b b aeeessery pressing and Plants. exeludiiig
Subd. 4-312. Fabric and notions sales and store.
Subd. 4-4413. Furniture stores.
Subd. 4-514. Furriers when conducted only for retail trade on premises.
Subd. 4-615. Garden supply stores.
Subd. 4-716. Grocery, supermarkets and superstores.
Subd. 4-817. Jewelry stores.
Subd. 4-918. Leather goods and luggage stores.
Subd. 2,019. Music (instruments, equipment, tapes, compact discs, etc.) shops and
sales.
Subd. 24-20. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 2221. Sewing machine sales and service.
Subd. 2222. Theaters, not of the outdoor drive-in type.
Subd. 2423. Toy stores.
(Amended by Ord. No. 98-23, 07/08/98) (Amended by Ord. No. 2004-02, 01/13/04) (Amended
by Ord. No. 2005-01, 01/11/05) (Amended by Ord. No. 2005-08, 05110105)
FF. SECTION 21475.05 (CC, CITY CENTER DISTRICT—PERMITTED USES), SUBD.
(h) IS HEREBY AMENDED AS FOLLOWS:
(h) Offices, commercial and professional not including; offices/clinics i:or medical,
dental, or chiropractic_services.
GG. SECTION 21475.05 (CC, CITY CENTER DISTRICT—PERMITTED USES), SUBD. 2
IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. CC -R.
(a) Antique shops.
(b) Appliance and electronic stores including incidental repair and assembly but not
fabricating or manufacturing.
(c) Art and school supply sales.
(d) Art galleries.
(e) Bakery goods and baking of goods for retail sales on the premises.
(f) Banks, savings and loans, credit unions and other financial institutions,_excluding
currency exchan esj with or without drive up tellers.
(g) Barber shops.
(h) Beauty salons and day spas.
(i) Bicycle sales and repair.
0) Books, office supplies and equipment, or stationary stores and sales.
35
(k) Bus/transit station or terminal without vehicle storage.
(1) Camera and photographic supplies, sales, and film processing.
(m) Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
(n) Cellular telephone towers and antennas located on a public structure, as regulated
by Section 21175 of this Chapter.
(o) Clothes, rental and sales.
(p) Coin and philatelic stores.
(q) Convenience grocery market (not supermarket type and without motor fuel
facilities and delicatessen food service).
(r) Copy service but not including printing press or newspaper.
(s) Delicatessen/coffee house.
(t) Drug stores.
(u) Dry cleaning pick up and laundry pick up stations including incidental repair and
assembly but not including processing.
(v) Essential services not including structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
(w) Fabric and notions sales and store.
(x) Florist shops.
(y) Frozen food retail, but not including a locker plant.
(z) Funeral homes and mortuaries.
(aa) Furriers when conducted only for retail trade on premises.
(bb) Gift or novelty stores.
(cc) Governmental and public utility (essential service) buildings and structures,
including public works type facilities, excluding outdoor storage.
(dd) Grocery, supermarket and superstores.
(ee) Hardware stores.
(ff) Hobby and craft stores.
(gg Ice sales with storage not to exceed five (5) tons.
(hh) Jewelry stores.
(ii) Laundromats, self-service washing and drying.
0j) Leather goods and luggage stores.
(kk) Liquor, off sale.
(11) Locksmiths.
(mm) Meat markets, but not including processing for a locker plant.
(f}+--�M�.te-a1, dental and ehir-opmetie effi es and elir,ies
(oenn) Music (instruments, equipment, tapes, compact discs, etc.) shops and sales.
(ppoo) Offices, commercial and professional.
f pp)- Offices/clinics for medical, dental, or chiropractic services.
(qq) Paint and wallpaper sales.
(rr) Plumbing, television, radio, electrical sales and such repair as an accessory use to
the retail establishment permitted within this district.
(ss) Prepared food: delivery and/or take-out only.
(tt) Sewing machine sales and service.
(uu) Sexually oriented businesses - accessory.
(vv) Shoe repair.
(ww) Sporting goods and recreational equipment sales, excluding motorized vehicles.
36
(xx) Studios - artist, music, photo, decorating, dance, etc.
(yy) Tailoring services.
(zz) Tanning salon.
(aaa) Toy stores.
(bbb) Variety stores and stores of similar nature.
(ccc) Veterinary clinic and kennel, and pet supply sales and grooming.
(ddd) Video rental and sales.
(Amended by Ord. No. 2004-02, 01/13/04 (Amended by Ord. No. 2005-01, 01/11105)
SECTION 21475.05 (CC, CITY CENTER DISTRICT—PERMITTED USES), SUBD. 4
IS HEREBY AMENDED AS FOLLOWS:
Subd.4. CC -OT.
(a) Banks, savings and loans, credit unions and other financial institutions; excludin 1
cuTTencv exchanges) with or without drive up tellers.
(b) Cellular telephone towers and antennas located on a public structure, as regulated
by Section 21175 of this Chapter.
(c) Commercial recreation, indoor.
(d) Conference centers.
(e) Copy services, but not including printing press or newspaper.
(f) Essential services not including structures, except those requiring administrative
permits or conditional use permits pursuant to Section 21160 of this Chapter.
(g) Funeral homes and mortuaries.
(h) Governmental and public utility (essential service) buildings and structures,
including public works type facilities, excluding outdoor storage.
(i) Laboratories.
0) N4edieal, dental pmet af-'fyi.
oes and elinieo
(kj) Offices, commercial and professional.
(k) Offices/clinics Ior medical, dental., or chiropractic services.
(1) Printing establishments, commercial.
(m) Radio and TV stations.
(n) Sexually oriented business - accessory.
(o) Sports and fitness clubs.
(p) Studios - artist, music, photo, decorating, dance, etc.
(q) Wholesale showrooms.
(Amended by Ord. No. 2002-32, 11/26/02) (Amended by Ord. No. 2005-01, 01/11105)
37
II. SECTION 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES),
SUBD. 3 (b) (3) IS HEREBY AMENDED AS FOLLOWS:
(3) That the proximate area and location of space devoted to non -automotive
merchandise sales shall be specified in the application and in the conditional use
permit. E*te, iOF Sales or stoi-age Outside display of merchandise shall be allowed
by administrative permit pursuant to Section 21.475.13. Subd. 5 of this Chapter.
JJ. SECTION 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES),
SUBD. 3 (b) (7) IS HEREBY AMENDED AS FOLLOWS:
(7) A protective canopy located over pump islands may be an accessory
structure on the property and may be located twenty (20) feet or more from the
front lot line, provided adequate visibility both on and off site is maintained. All
canopy lighting for motor fuel station pump islands shall be recessed or fully
shielded vivde -&-94 sem. Illumination levels for pump islands shall
net exceed 30 feet a n, les complywith Section 21.105.06 of this Chapter.
(Amended by Ord. No. 2001-06, 02/13/01)
KK. SECTION 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES),
SUBD. 3 (e) (4) IS HEREBY AMENDED AS FOLLOWS:
(4) A protective canopy located over pump islands may be an accessory
structure on the property and may be located twenty (20) feet or more from the
front lot line, provided adequate visibility both on and off site is maintained. All
canopy lighting for motor fuel station pump islands shall be recessed or filly
shielded -tom pr i cz-904 gr utoff. Illumination levels for pump islands shall
not exe-ed 30—€_ e -an les col-ni_ly with Section 21.105.06 of this Chapter.
(Amended by Ord. No. 2001-06, 02/13/01)
LL. SECTION 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES),
SUBD. 3 (e) (6) IS HEREBY AMENDED AS FOLLOWS:
(6) No outside storage of parts, equipment, or inoperable vehicles shall be
allowed. -Ne eutside stefage, sales or rei#a4 shall be allowed exeept as speeifieally
W.
MM. SECTION 21475.13 (CC, CITY CENTER DISTRICT—USES BY ADMINISTRATIVE
PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21475.13. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a CC District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or tower.
Subd. 2. Essential services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 4. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd. 5. OpenoreOutdoor sales,, ren —display (pernlanent) of seasonal or
convenience items (e.g., windshield washer fluid, softener salt, etc.) as an accessory use in
association with an allowed principal use subjeet; to tht—equi-remet}ts and stiptionof-as
regulated by Section 21455.11, Subd. 5 of this Chapter.
Subd. 6. Other uses of the same general character as those listed as a permitted use
in this district and the respective sub -district.
Subd. 7. Outside, above ground storage facilities for fuels used for heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to the
approved principal use, but not for sale, subject to the requirements and stipulations of Section
21455.11, Subd. -56 of this Chapter. (Amended by Ord. No. 2001-06, 02/13101)
Subd. 8. Temporary mobile towers for personal wireless service antennas.
Subd. 9. Temporary outdoor events and sales sttbjeeet to the requir-ements—at=e
s ulatie s -or as regulated b Section 21455.11, Subd. 9 of this Chapter. (Amended by Ord. No.
99-20, 07/20/99)
39
Subd. 10. Temporary structures as regulated by Section 21167 of this Chapter.
(Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2004-02, 01 /13/04) (Amended
by Ord. No. 2005-01, 01 /11 /05)
NN. SECTION 21550.03 (C-5, COMMERCIAL/INDUSTRIAL DISTRICT—PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21550.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the
following are permitted uses within the C-5 District:
Subd. 1. Appliance repair and service.
Subd. 2. Bus/transit stations with vehicle storage.
Subd. 3. Cellular telephone towers and antennas located on a public structure, as
regulated by Section 21175 of this Chapter.
Subd. 4. Commer-eial/pr-ofessional offiees.
Subd. -54. Commercial recreation, indoor.
Subd. 65. Conference centers.
Subd. 76. Contractors operations.
Subd. 87. Essential services not including structures except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 98. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 4-09. Laboratories.
Subd. 4410. Landscape nurseries.
Subd. 41-211. Lumber yards, building material sales, and similar bulk type retail sales
establishments.
Subd. 4412. Mini -storage facilities.
Subd. 13. Offices, commercial and professional not Including offices/clinics for
medical, dental, or chi_ro Tactic services.
Subd. 14. Printing establishments, commercial.
Subd. 15. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 16. Sexually oriented businesses, principal and accessory.
Subd. 17. Sports and fitness clubs.
Subd. 18. Studios – artist, music, photo, decorating, dance, etc.
Subd. 19. Wholesale showrooms.
(Amended by Ord. No. 2002-32, 11/26/02) (Amended by Ord. No. 2005-01, 01/11/05)
00. SECTION 21550.07 (C-5, COMMERCIAL/INDUSTRIAL DISTRICT
CONDITIONAL USES), SUBD. 7 (e) IS HEREBY AMENDED AS FOLLOWS:
(e) Sale of products other than those specifically mentioned shall be limited to those
that accessory to the princ-ip4e-princi2al use and shall be subject to a separate conditional
use permit.
PP. SECTION 21555.03 (B -C, BUSINESS CAMPUS DISTRICT—PERMITTED USES) IS
HEREBY AMENDED AS FOLLOWS:
21555.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the
following are permitted uses within the B -C District:
Subd. 1. Banks, savings and loans, credit unions and other financial institutions;
(excluding currency excha
..qgt
�,sj with or without drive up tellers.
Subd. 2. Commercial printing establishments.
Subd. 3. Gellinlefeial/pfefessional offiees.
Subd. 43. Commercial recreation, indoor.
Subd. 54. Conference centers.
Subd. 65. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 76. Governmental and public utility buildings and structures, including public
works type facilities, excluding outdoor storage.
Subd. 87. Laboratories.
Subd. 9. A .e-1-kcirVflent'a1 hi. opr-aetie elinies and o ftl .
Subd. 8. Offices, commercial and professional.
Subd. 4. Offices./clinics for medical, dental, or chiropractic services.
Subd. 10. Radio and television stations.
Subd. 11. Reception halls.
Subd. 12. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 13. Sexually oriented business - accessory.
Subd. 14. Sports and fitness clubs.
Subd. 15. Trade schools.
Subd. 16. Wholesale showrooms.
(Amended by Ord. No. 2002-32, 11/26/02) (Amended by Ord. No. 2005-01, 01/11/05)
41
QQ. 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 heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to an
approved p ciple-p incipal use, but not for sale, subject to the same conditions as allowed in a
C-1 District. (Amended by Ord. No. 2001-06, 02/13/01)
RR. SECTION 21555.11 (B -C, BUSINESS CAMPUS DISTRICT—USES BY
ADMINISTRATIVE PERMIT), SUBD. 7 IS HEREBY AMENDED AS FOLLOWS:
Subd. 7. Temporary outdoor events and sales subjeet to the same p isi
requi in- as regulated bySection 21455.11 Subd. g9 of this Chapter. (Amended by Ord. No.
99-20, 07/20/99)
SS. SECTION 21560.03 (I-1, LIGHT INDUSTRIAL DISTRICT—PERMITTED USES),
SUBD. 13 IS HEREBY AMENDED AS FOLLOWS:
Subd. 13. Offices related to other allowed uses (limited to fifty (50) percent of the
l iple I rinci al structure).
TT. SECTION 21560.07 (I-1, LIGHT INDUSTRIAL DISTRICT—CONDITIONAL USES),
SUBD. 12 IS HEREBY AMENDED AS FOLLOWS:
Subd. 12. Outside storage as an accessory use when abutting ao residentially district
zoned or used property other than vacant FRD property classified for non-residential use by th
Land Use Guide Plan, provided that:
(a) Storage area is blacktop or concrete surfaced unless specifically approved by the
City Council.
(b) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(c) All requirements of Section 21105.11 are met.
42
UU. SECTION 21560.11 (I-1, LIGHT INDUSTRIAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. All uses by administrative permit as allowed in a C-5 District, except:
(Amended by Ord. No. 2000-09, 03/21 /00) (Amended by Ord. No. 2002-32, 11 /26/02)
(a) Outside storage as an accessory use when abutting any residentially-d-istric4 zoned
or used property other than vacant FRD property classified for non-residential use by the
Land Use Guide Plan. (Amended by Ord. No. 2004-32, 12/14/04)
VV. SECTION 21650.07 (PI, PUBLIC/INSTITUTIONAL DISTRICT—CONDITIONAL
USES) IS HEREBY AMENDED AS FOLLOWS:
21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the
following are conditional uses in the P -I District and require a conditional use permit based upon
procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the
specific standards and criteria which may be cited below for respective conditional uses, each
request for a conditional use permit shall be evaluated based upon the standards and criteria set
forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located 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".
43
(c) The use meets the minimum setback requirements for pfineiple 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
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. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 10. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 11. Helistops, as regulated by Section 21193 of this Chapter.
44
Subd. 12. Hospitals, sanitariums or similar institutions provided that:
(a) Only the rear yard shall be used for play or recreational areas. Said area shall be
fenced and controlled and screened in compliance with Section 21130 of this Chapter.
(b) All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
Subd. 13. 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. 14. Medieal, dental aiid ehiropfaetie offices and elinies, eemniefeial and
^f al errees r,al4iames--and-mMortuaries and funeral homes.
Subd. 15. Offices, commercial and professional.
Subd. 16. Ofhces. /clinics for medical, dental, or chiropractic services.
Subd. 4-517. Other uses of the same general character as those listed in Sections
21650.03 and 21650.07 of this Chapter.
Subd. 4-618. Outdoor recreational areas including golf courses, swimming pools, and
similar facilities.
Subd. 4-719. Reduction in lot area requirements.
Subd. 4-820. Residential shelters in accordance with Section 21190.02.
Subd. 4-921. 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.
45
(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
princf�4-pARnq al use is residential.
(f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 2-822. 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 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. 24.23. WECS as regulated by Section 21173 of this Chapter. (Amended by Ord.
No. 2002-19, 05/14/02)
(Amended by Ord. No. 2003-35, 11125103) (Amended by Ord. No. 2004-02, 01/13104)
WW. SECTION 21650.11 (PI, PUBLICANSTITUTIONAL DISTRICT—USES BY
ADMINISTRATIVE PERMIT), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd 5. Outside storage as an pfinEiple–of-accessory use subject to the same
conditions as allowed in a C-3 District.
XX., 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 heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to an
approved pfineip1e-principal use, but not for sale, subject to the same conditions as allowed in a
C-1 District. (Amended by Ord. No. 2001-06, 02/13/01)
46
YY. SECTION 21655.11 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.11 PUD 81-1 (NORTHWEST BUSINESS CAMPUS)- AMENDMENT FOR
LOT 1, BLOCK 2, NORTHWEST BUSINESS CAMPUS 4TH ADDITION:
Subd. 1. Legal Description. The property affected by the PUD amendment is
legally described as Lot 2, Block 1, Northwest Business Campus 13th Addition and Lots 1-4,
Block 1, Northwest Business Campus 14th Addition, Hennepin County, Minnesota.
Subd. 2. Incorporated herein by reference are the NW Business Center Campus
PUD plans received by the City on December 20, 1996, and January 6, 1997, except as amended
by City Council Resolution 97-78 on file in the Office of the Zoning Administrator under File
96155, together with the plan received by the City on December 24, 2002 to allow subdivision of
Lot 4, Block 1, Northwest Business Campus 10 Addition into two parcels for the development
of two restaurant buildings at the northeast corner of State Highway 55 and Northwest
Boulevard, except at amended by City Council Resolution 2003-045 on file in the Office of the
Zoning Administrator under File 2002152, and as amended by City Council Resolution 2005-249
for a PUD Amendment to allow a free-standing restaurant building with a restaurant and a coffee
house with a drive-through on file in the Office of the Zoning Administrator under file 2005039.
(Amended by Ord. No. 2003-01, 1 /28/03) Amended by Ord. No. 2005-15, 06/28/05)
ZZ. SECTION 21655.12 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.12 PLYMOUTH TECHNOLOGY PARK PUD:
Subd. 1. Legal Description.-The--1-UD--1--'--4e-'ally--deseribed-asr-eerenee
Resolution 97 214, on file in the 04ioe of the Zoning Administff-_,Aer under File 97003. This
:PUD is le2aliy described as Lots 2 and 3, Block. 1, Plymouth Technology Park, Hennepin
County Minnesota and Lots 1, 2, and 3, Block 1, Plymouth Technology Park 2nd Addition.,
1-lennepin County, :Minnesota.
Subd. 2. Incorporated herein by reference are the Plymouth Technology Park PUD
plans received by the City on February 28, 1997, except as amended by City Council Resolution
97-214, on file in the Office of the Zoning Administrator under File 97003.
Subd. 3. Allowable Uses.
a. The uses allowed on Lot 2, Block 1, Plymouth Technology Park, and on Lots 1, 2,
and 3. Block. 1, Plymouth Technology Park 2 d Addition shall Include any emitted,
accessory conditional or interim uses allowed in the 1-1 district
47
b. _ The uses allowed on -Lot 3, Block 1, Plymouth Technolps�v Pshall include any
permitted, accessory, conditional or interim uses allowed in the 1-2 district.
AAA. SECTION 21655.13 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.13 PIKE LAKE WOODS PUD:
Subd. 1. Legal Description. The—PUD is legally desei-ibed as fefefeneed in
Resolution 97 573,on file in ening, ndm inistrato„ , ndef File 9-7-079---a --as
fefei-r-ed in Resoluition 99 _,
on file in the Offiee of 4he Zoning Administra4ef undei- File
981-08. This PUD is legally described as Lots 1-6, Block 1, and Lot 1, Block 2, Pike Lake
Woods. Hennepin Countv. Minnesota. and Lots 1-4. B1ock 1, and Lots 1-7. Block 2. Pike Lake
rY I.SISi.E.l ;,:,, .�1.U11l tAV lL, .l..A41.AA.1 V�J.l.l 1. t/V Llt ll p, YA. A..l LI iIrJVt4L, QIA.lI A..�V I.? 1-
2 Pike Lake Woods 3r" Additions Henn apiin County, Minnesota.
Subd. 2. Incorporated herein by reference are the Pike Lake Woods PUD plans
received by the City on June 27, 1997, except as amended by City Council Resolution 97-573, on
file in the Office of the Zoning Administrator under File 97079 and the Pike Lake Woods 2nd
Addition and Pike Lake Woods 3rd Addition plans received by the City on June 5, 1998, July 9,
1998 and July 31, 1998, except as amended by City Council Resolution 98-543, on file in the
Office of the Zoning Administrator under File 98108, and the revised impervious surface area
calculations received by the City on June 28, 1999, except as amended by City Council
Resolution 99-334, on file in the Office of the Zoning Administrator under File 99057.
(Amended by Ord. No. 99-23, 08/17/99)
Subd. 3. Allowable Uses.
(a) The permitted, accessory, conditional or interim uses allowed on the residential
property in Pike Lake Woods PUD are any permitted, accessory, conditional or
interim uses allowed in the RMF -1 (Multiple Family 1) Zoning District. All
allowable uses are subject to the standards and restrictions of the RMF -1 District,
except as modified in Subd. 4 below.
(b) The permitted, accessory, conditional or interim uses allowed on the commercial
property in the Pike Lake Woods PUD (Lot 1, Block. 2, Pike Lake Woods) are
any permitted, accessory, conditional or interim uses allowed in the C-2
(Neighborhood Commercial) Zoning District. All allowable uses are subject to
the standards and restrictions of the C-2 District, except as modified in Subd. 4.
Below.
W.
Subd. 4. Development Standards.
(a) Development standards for the residential property shall be as specified in the
RMF -1 zoning district, except that the side yard setback shall be 6 feet
(regardless of the location of the garage).
(b) Setback restrictions along the periphery of the commercial property (Lot 1, Block.
2, Pike Lake Woods)_are as follows:
(1) Front yard setback of 75 feet
(2) Side yard building setback of 75 feet
(3) Rear yard building setback of 75 feet
(c) Other development standards shall be as indicated on the approved PUD general
plan as cited in Subd. 2 above. (Amended by Ord. No. 98-30, 09/02/98)
BBB. SECTION 21655.15 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.15 PUD 83-1 (PARKERS LAKE): AMENDMENT FOR OUTLOT B,
PARKERS LAKE NORTH 5TH ADDITION:
Subd. 1. Legal Description. The property affected by the PUD Amendment is
legally described as Lot 1, Block 1, Shenandoah Apartments, Hennepin County, Minnesota.
Subd. 2. Incorporated herein by reference are the Shenandoah Apartments plans
received by the City on April 17, 1997 and June 6, 1997, except as amended by City Council
Resolution 97-465, on file in the Office of the Zoning Administrator under File 97047.
Subd. 3. Allowable Uses. The allowable use on r'ti-is a 64 -unit apartment
building, along with the following accessory uses:
(a) Keeping of animals subject to Section 21170 of the Chapter.
(b) Home occupations and home offices as regulated by Section 21145 of this
Chapter.
(c) Play and recreational facilities, only accessory to an existing principal permitted
use on the same lot and which are operated for the enjoyment and convenience of the
residents of the principal use and their occasional guests, except as otherwise permitted.
(d) Radio and television receiving antennas including single satellite dish TVROs one
(1) meter or less in diameter, short-wave radio dispatching antennas, or those necessary
for the operation of household electronic equipment including radio receivers, federal
licensed amateur radio stations and television receivers, as regulated by Section 21175 of
this Chapter.
Subd. 4. Development Standards. Minimum development standards shall be
indicated on the approved PUD General Plan Amendment.
CCC. SECTION 21655.16 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.16 PUD 83-1 (PARKERS LAKE): AMENDMENT FOR LOT 1, BLOCK 1,
PARKERS LAKE NORTH 5TH ADDITION:
Subd. 1. Legal Description. The property affected by the PUD Amendment is
legally described as Lot 1, Block 1, Parkers Lake North, 5th Addition, Hennepin County,
Minnesota.
Subd. 2. Incorporated herein by reference are the Alternative Living Services plans
received by the City on June 27, 1997, July 25, 1997 and August 6, 1997, except as amended by
City Council Resolution 97-493, on file in the Office of the Zoning Administrator under File
97094.
Subd. 3. Allowable Uses. The allowable use on Lot 1, Block 1, is a 52 -resident
senior assisted living residence.
Subd. 4. Development Standards. Minimum development standards shall be as
indicated on the approved PUD General Plan Amendment as cited in Subd. 2. Above.
DDD. SECTION 21655.18 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.18 PUD 91-1 (PL SMO U'�''ra STATION)—
AMENDMENT
A AMENDMENT FOR UOQ; BLOCK ' AND t'ie'r' OT -A-PLYMOUTH
STATIONADDITION:
Subd. 1. Legal Description. --The preperty- an'-eeted by the PUD Amendment i
legally deseribed as refereneed iii �Resolutioti 97 533, An file 4, the Offi-ee of the Zoning
x, inistr-ate=-under•-Films This PUD is legally described as Lots 1 and 2, Block 1. and
Outlot A, Plymouth Station Additign, Hennepin County, Minnesota.
Subd. 2. Incorporated herein by reference are the Plymouth Station plans received
by the City on August 1, 1997 and August 5, 1997, except as amended by City Council
Resolution 97-533, on file in the Office of the Zoning Administrator under File 96193; the
Plymouth Station master sign plan received by the City on March 6, 1998, March 11, 1998, and
March 12, 1998, except as amended by City Council Resolution 98-256, on file in the Office of
the Zoning Administrator under File 97187; the revision to the sloped roof design standards
received by the City on April 17, 1998, except as amended by City Council Resolution 98-308,
on file in the Office of the Zoning Administrator under File 98065; the revision to the PUD
general plan for the day care building received by the City on July 21, 1999, except as
arisen amended by City Council Resolution 99-386, on file in the Office of the Zoning
Administrator under File 99077; the revision to the PUD general plan to extend the phasing plan
received by the City on March 31, 2000, except as amended by City Council Resolution 2000-
251, on file in the Office of the Zoning Administrator under File 20042; and, the revision to
Condition No. 7 of Resolution 97-533 allowing certain temporary outdoor events and sales, as
amended by City Council Resolution 2004-250, on file in the Office of the Zoning Administer
under File 2004032. (Amended by Ord. 99-24, 09/07/99) (Amended by Ord. No. 2000-17,
05/09/00) (Amended by Ord. No. 2004-08)
Subd. 3. Allowable Uses. The allowable uses are any permitted, accessory,
conditional or interim uses (except the interim use entitled seasonal farmer's market and produce
sales, as outlined in Section 21460.09, Subd. 2 of the Zoning Ordinance) allowed in the C-1 and
C-2 Zoning Districts and a grocery superstore not exceeding 65,000 square feet. In addition, the
following uses shall be permitted in the PUD provided they do not exceed 10,000 square feet in
building area on an individual basis: 1) appliance and electronic stores; 2) auto repair -minor; 3)
book, office supply, and stationary stores; 4) car wash accessory to a convenience grocery market
with motor fuel sales; 5) convenience restaurant with drive-through service; 6) fabric/notions
stores; 7) free-standing restaurant with liquor service; 8) jewelry stores; 9) music stores and 10)
toy stores. All the uses listed above shall be considered as "permitted" uses in the PUD,
provided they comply with all development standards and conditions for such uses under the
most restrictive corresponding conventional zoning district. Additionally, temporary outdoor
events and sales are allowable upon the granting of an administrative permit, provided they are
limited to produce, vegetables, flowers, ply- »its .,and similar items and do not occur within
the southerly 350 feet of the PUD, and are in accordance with the regulations established in
Section 21455.11, Subd. 9(c) of the Zoning Ordinance. (Amended by Ord. No. 2004-08,
06/22/04)
Subd. 4. Development Standards. Minimum development standards shall be
indicated on the approved PUD General Plan Amendment as cited in Subd. 2 above.
EEE. SECTION 21655.23 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.23 PUD 83-1 (PARKERS LAKE): AMENDMENT FOR OUTLOT A,
PARKERS LAKE CORPORATE CENTER 8TH ADDITION:
Subd. 1. Legal Description. The property affected by the PUD Amendment is
legally described as Ot4lo�. , Hot 1, Block 1, Parkers Lake Corporate Center e_ 10th Addition,
Hennepin County, Minnesota.
Subd. 2: Incorporated herein by reference are the Polaris Business Centre H plans
received by the City on August 6, 1998 and revisions received on September 15, 1998, and
51
October 9, 1998, except as amended by City Council Resolution 98-687, on file in the Office of
the Zoning Administrator under File 98146.
Subd. 3. Allowable Uses. The allowable use on this parcel are all permitted,
accessory, conditional or interim uses allowed in the I-1 zoning district, provided the office use
does not exceed 80 percent of the gross square footage of the building.
Subd. 4: Development Standards. Minimum development standards shall be as
indicated on the approved PUD general plan amendment.
(Amended by Ord. No. 98-37, 11/04/98) (Amended by Ord. No. 2001-06, 02113/01)
FFF. SECTION 21655.25 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.25 PLYMOUTH PONDS, BUILDINGS 5-8 PUD_
Subd. 1. Legal Description. 44it-This PUD is legally described as.
The south 344.3 f.. et e f the seut.",est .,,,. t4eF of the southwest ., after of --,S- eetioff -7. 4o�
1 1.8, Range -27 14ennepi,, County, Minnesota; ALSO,
SO,
n„tl„t n r,,.-nersteiie E -,.,,,me s. Addition.Lots 1-4, Block 1 Plvrnouth fonds Business Park 3".
Addition.
Subd. 2: Incorporated herein by reference are the Plymouth Ponds, Buildings 5-8
PUD plans received by the City on May 24, 1999 and the application received on November 24,
1998, except as amended by City Council Resolution 99-310, on file in the Office of the Zoning
Administrator under File 98201.
Subd. 3. Allowable Uses. The uses allowed in this PUD shall consist of the
permitted, accessory, interim, and conditional uses allowed in the I-1 (Light Industrial) district,
except for those conditional uses specifically prohibited in Subd. 4 below. The uses allowed in
this PUD shall also include those uses allowed by administrative permit in the I-1 district. In
addition, warehouses with limited distribution center characteristics shall be considered
permitted uses in Building 7 if they generate less than an average of 10 semi -trucks accessing the
property per day. (Amended by Ord. No. 2000-33, 10/24/00) (Amended by Ord. No. 2001-06,
02113/01)
Subd. 4. Prohibited Uses. The following uses allowed by conditional use permit in
the I-1 district shall be prohibited in this PUD: commercial antennas; minor automobile repair;
servicing of motor freight vehicles and heavy construction equipment; outside storage except as
allowed by the PUD; and open or outdoor service, sale, and rental. (Amended by Ord. No. 2001-
06, 02113101)
52
Subd. 5. Development Standards. Minimum development standards shall be as
indicated on the approved PUD General Plan.
Subd. 6. Operational Standards. In addition to the operational standards required
by the Zoning Ordinance, the following standards shall apply to the PUD:
(a) The use of the loading docks on Building 5 shall be prohibited from 10:00 p.m. to
6:00 a.m.
(b) There shall be no storage of truck trailers behind Building 5.
(c) There shall be no staging of trucks behind Building 5. Trucks at the loading
docks must turn off their engines when loading or unloading.
(d) There shall be no outside storage in the development, except as allowed by the
PUD.
(e) Truck trailers may be stored for over 96 -hours in the area between Buildings 6 and
7, provided the trailers are not stored for over 14 days. The outside storage of trailers
shall be prohibited in the remainder of the development.
(Amended by Ord. No. 99-21, 07/20/99)
GGG. SECTION 21655.26 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.26 PLYMOUTH MARKETPLACE PUD:
Subd. 1. Legal Description. Tow -This PUD is legally described as-feft-feneed in
Reselution 2000 329, on file in the Offiee ef the Zoning Administfater- ander- File 20040 Lots 1,
2, and 6, Block 1. Plymouth Marketplace. Hennepin County, Minnesota.
Subd. 2. Incorporated herein by reference are the Plymouth Marketplace PUD
application received by the City on March 31, 2000, and the revised plans received on May 23,
2000, except as amended by City Council Resolution 2000-329, on file in the Office of the
Zoning Administrator under File 20040, and as amended by the PUD amendment approved by
City Council Resolution 2001-224 on June 12, 2001 and the supporting plans and application
received on March 16, 2001 and revisions received on April 4, 2001. (Amended by Ord. No.
2001-15, 06/12/01)
Subd. 3. Allowable Uses. The uses allowed in this PUD shall include any
permitted, accessory, conditional or interim uses allowed in the C-1 and C-2 districts. In
addition, a 120 -unit senior care building shall be permitted on Lot 1. All the uses listed above
shall be considered as "permitted" uses in the PUD, provided they comply with the development
standards and conditions for such uses under the most restrictive zoning district.
53
Subd. 4. Development Standards. Development standards shall be as indicated on
the approved PUD general plan dated May 23, 2000, except as amended by City Council
Resolution 2000-329.
(Amended by Ord. No. 2000-25, 06127100)
HHH. SECTION 21655.31 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.31 PUD 81-1 (NORTHWEST BUSINESS CAMPUS)_ AMENDMENT FOR
LOT 1, BLOCK 1, NORTHWEST BUSINESS CAMPUS, 11TH ADDITION:
Subd. 1. Legal Description. The property affected by the PUD is legally described
as: Lot 1, Block 1, Northwest Business Campus 1 lth Addition, Hennepin County, Minnesota.
Subd. 2. Incorporated herein by reference are the Northwest Business Campus PUD
plans received by the City on December 29, 1995, except as amended by City Council Resolution
96-43, on file in the Office of the Zoning Administrator under File 95131, and as amended by the
PUD amendment approved by City Council Resolution 2001-538 on December 18, 2001 and the
supporting plans and application received by the City on November 1, 2001.
Subd. 3. Allowable Uses. A yoga studio shall be permitted on Lot 1, Block 1,
Northwest Business Campus, in addition to uses previously approved under the PUD.
(Amended by Ord. No. 2001-36, 12/18101)
III. SECTION 21655.33 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.33 PUD 83-1 (PARKERS LAKE)_ AMENDMENT FOR LOT 1, BLOCK 1,
NORTHWEST POINTE BUSINESS CENTER:
Subd. 1. Legal Description. The property affected by the PUD Amendment is
legally described as: Lot 1, Block 1, Northwest Pointe Business Center, Hennepin County,
Minnesota
Subd. 2. Incorporated herein by reference are the Northwest Pointe Business Center
plans received by the City on June 25, 2003 on file in the Office of the Zoning Administrator
under File 2003073, except as amended by the City Council Resolution 2003-362 on August 26,
2003.
54
Subd. 3. Allowable Uses. A framing facility and warehouse with a showroom for
retail sales shall be permitted on Lot 1, Block 1, Northwest Pointe Business Center, in addition to
uses previously approved under the PUD.
(Amended by Ord. No. 2003-25, 08/26/03)
JJJ. SECTION 21655.34 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.34 SHOPS AT PLYMOUTH CREEK PUD:
Subd. 1. Legal Description. This PUD is e-entlly-legally described as Lots 1-6,
Block 1,Spieef , S11ops at Phnnouth. Creek, Hennepin County, Minnesota.
Subd. 2. Incorporated herein by reference are the Shops at Plymouth Creek PUD
plans received by the City on October 1, 2004, except as may be amended by City Council
Resolution 2004-477, on file in the Office of the Zoning Administrator under File 2004112.
Subd. 3. Allowable Uses. The uses permitted in this PUD shall include the
following:
• Lot 1 — A Home Improvement Store.
• Lots 2 through 5 — All Retail Uses allowable in the C-4 District, except that convenience
(fast) food restaurants, as defined by the Zoning Ordinance, that include drive through service
shall be prohibited.
• Lot 6 — A Senior Housing Building or Daycare Center.
Subd. 4. Development Standards. Development standards shall be as indicated on
the approved PUD General Plans, except as may be amended by City Council Resolution 2004-
477, on file in the Office of the Zoning Administrator under File 2004112.
(Amended by Ord. No. 2004-29, 11/9/04)
KKK. SECTION 21655.35 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.35 PUD 81-1 (NORTHWEST BUSINESS CAMPUS)_ AMENDMENT FOR
LOT 2, BLOCK 1, NORTHWEST BUSINESS CAMPUS, 5TH ADDITION:
Subd. 1. Legal Description. The property affected by the PUD is legally described
as: Lot 2, Block 1, Northwest Business Campus 5ch Addition, Hennepin County, Minnesota.
Subd. 2. Incorporated herein by reference are the Northwest Business Campus PUD
by City Council Resolution 84-135 on file in the Office of the Zoning Administrator under File
55
84003, and as amended by the PUD amendment approved by City Council Resolution 2004-436
on October 26, 2004 and the supporting plans and application received by the City on September
10, 2004 on file in the office of the Zoning Administrator under file 2004126.
Subd. 3. Allowable Uses. A furniture showroom with occasional retail sales is
permitted on Lot 2, Block 1, Northwest Business Campus 5th Addition, in addition to uses
previously approved under the PUD. The retail use is approved according to file 2004126, which
is on file in the office of the Zoning Administrator.
(Amended by Ord. No. 2004-25, 10/26/04)
LLL. SECTION 21655.36 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.36 PUD 81-1 (NORTHWEST BUSINESS CAMPUS)_ AMENDMENT FOR
LOT 2, BLOCK 1, NORTHWEST BUSINESS CAMPUS, 13TH ADDITION:
Subd. 1. Legal Description. The property affected by the PUD is legally described
as: Lot 2, Block 1, Northwest Business Campus 13th Addition, Hennepin County, Minnesota.
Subd. 2. Incorporated herein by reference are the Northwest Business Campus PUD
by City Council Resolution 87-78 on file in the Office of the Zoning Administrator under File
96155, and as amended by the PUD amendment approved by City Council Resolution 2005-38
on February 8, 2005 and the supporting plans and application received by the City on December
6, 2004 on file in the office of the Zoning Administrator under file 2004148.
Subd. 3. Allowable Uses. A car wash addition accessory to an existing
gas/convenience store on Lot 2, Block 1, Northwest Business Campus 13th Addition, in addition
to uses previously approved under the PUD.
(Amended by Ord. No. 2005-04, 02/08/05)
MMM. SECTION 21655.37 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.37 PUD 83-1 (PARKERS LAKE)_ AMENDMENT FOR LOT 1, BLOCK 1,
MALLARD POINTE:
Subd. 1. Legal Description. The property affected by the PUD Amendment is
legally described as: Lot 1, Block 1, Mallard Pointe, Hennepin County, Minnesota.
56
Subd. 2. Incorporated herein by reference are the Parkers Lake PUD by the City
Council Resolutions 88-77, 88-78, and 88-79 on February 1, 1988, on file in the Office of the
Zoning Administrator under File 87110, and as amended by City Council Resolution 2005-340
on September 13, 2005, for a PUD amendment to allow various site plan inconsistencies from
the original PUD approval for Mallard Pointe (Parkers Lake Apartments) on file in the Office of
the Zoning Administrator under File 2004019.
(Amended by Ord. No 2005-23, 09/13/05)
NNN. SECTION 21665.04 (SHORELAND MANAGEMENT OVERLAY DISTRICT—
GENERAL DENSITY AND DESIGN STANDARDS), SUBD. 2 (e) (4) IS HEREBY
AMENDED AS FOLLOWS:
(4) Structural setback requirements from the Ordinary High Water Level may
be altered without variance as follows:
a. To conform with the setbacks of existing principal structures on
the lots on both sides of the subject lot; provided, however, the subject lot
is not in a Shore Impact Zone or Bluff Impact Zone as defined by this
Chapter, and the approved altered setback is no less than the average
setback of the existing principal structures on the abutting lots or that
established in the underlying zoning district, including the Flood Plain
Overlay District whichever is greater. (Amended by Ord. No. 2004-02,
01/13/04)
b. To allow the addition of an attached deck to a structure that
lawfully existed on the effective date of this section, provided all of the
following are met:
1. A thorough evaluation of the property and structure reveals
no reasonable location for an attached deck meeting or exceeding
the existing ordinary high water level setback of the structure;
2. The deck encroachment toward the ordinary high water
level does not exceed fifteen percent of the existing shoreline
setback of the structure from the ordinary high water level or does
not encroach closer than thirty feet, whichever is more restrictive;
3. The deck is constructed primarily of wood or other
aroved material, and is not roofed or screened;
4. The resulting structure setback from the property line is not
less than the minimum established by this Chapter for the
underlying zoning district.
57
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on February 7, 2006.
I►1..•� ! 40�'-
�•A.,!•�,nson,Mayor
ATT ST:
Sandra R. Paulson, City Clerk