HomeMy WebLinkAboutCity Council Ordinance 2006-28CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO 2006-28
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH
CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2006095)
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 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES) IS
HEREBY AMENDED BY ADDING THE FOLLOWING:
21475.09. CONDITIONAL USES: The following are conditional uses in a CC
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 sub -districts.
(a) Antennas not located on an existing structure or tower, as regulated by
Section 21175 of this Chapter.
(b) Buildings in excess of height limitations as specified in Section 21475.15
provided that:
(1) The construction does not limit solar access to abutting and/or
neighboring properties.
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(c) Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
(d) 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 work type
facilities, provided that: (Amended by Ord. No. 2004-02, 01/13/04)
(1) Equipment is completely enclosed in a permanent structure with no
outside storage.
(e) Religious institutions and related social events provided that:
(1) 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.
(2) Activities shall be limited to worship services and directly related
social events.
Subd. 2. CC -P District.
(a) Parking lots/ramps, as a principal use.
(b) Retail commercial activities and personal services, provided that:
(1) Merchandise is sold at retail.
(2) 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.
(3) The retail activity and personal services are located within a
structure whose principal use is not commercial sales.
(4) The retail activity and personal services shall not occupy more than
fifteen (15) percent of the gross floor area of the building.
(5) 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.
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(6) No signs or posters of any type advertising products for sale or
services shall be visible from the outside of the building.
Subd. 3. CC -R District.
(a) Commercial car washes as an accessory use as regulated by Section 21135
of this Chapter.
(b) Convenience Grocery Markets with Prepared Food and/or Motor Fuel
Sales. Grocery, food operations, and/or convenience motor fuel (no vehicle
service or repair), provided that:
(1) Convenience/deli food is of the take-out type only and that no
provision for seating or consumption on the premises is provided.
Furthermore, that the enclosed area devoted to such activity, use and
merchandise shall not exceed fifteen (15) percent of the gross floor area.
(2) 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.
(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. Outside display of merchandise shall be
allowed by administrative permit, pursuant to Section 21475.13, Subd. 5
of this Chapter. (Amended by Ord. No. 2006-04, 02/07/06)
(4) The off-street loading space(s) and building access for delivery of
goods shall be separate from customer parking and entrances and shall not
cause conflicts with customer vehicles and pedestrian movements.
(5) The hours of operation shall be limited to 6:00 AM to 11:00 PM,
unless extended by the Council as part of the conditional use permit.
(6) Motor fuel facilities shall be installed in accordance with State and
City 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.
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(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. Illumination levels for pump islands
shall comply with Section 21105.06 of this Chapter. (Amended by Ord.
No. 2001-06, 02/13/01) (Amended by Ord. No. 2006-04, 02/07/06)
(8) 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) Day care nursery facilities as a principal or accessory use provided that:
(1) The use complies with the provisions of Section 21150 of this
Chapter.
(d) Liquor on -sale when accessory to a restaurant.
(e) Motor vehicle fuel sales (excluding convenience grocery market with such
facilities), auto repair -minor, and tire and battery store and services, provided that:,
(1) 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.
(2) 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.
(3) 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.
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(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 fully shielded. Illumination levels for pump islands
shall comply with Section 21105.06 of this Chapter. (Amended by Ord.
No. 2001-06, 02/13/01) (Amended by Ord. No. 2006-04, 02/07/06)
(5) 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.
(6) No outside storage of parts, equipment, or inoperable vehicles shall
be allowed. (Amended by Ord. No. 2006-04, 02/07/06)
(7) 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.
(f) Restaurants internal to a multi -tenant shopping center, provided that:
(1) The use will not conflict with existing or potential neighboring
uses.
(2) 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.
(3) Except for a freestanding facility, drive through service may be
allowed subject to provisions of Section 21135 of this Chapter.
(g) Tutoring/learning centers.
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its
passage.
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ADOPTED by the City Council this 14 I day of November, 2006.
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ATTEST:
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Sandra R. Engd ity Clerk