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HomeMy WebLinkAboutCity Council Ordinance 2011-05CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2011-05 AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2010070) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 21005.02 of the Plymouth City Code (RULES AND DEFINITIONS—DEFINITIONS) is amended by adding, deleting, or changing the following definitions as follows: Animals, Wild: Any animal that is wild, ferocious, or vicious by nature, habit, disposition or character. Animals in this category include, but are not limited to, any ape (including chimpanzee, gibbon, gorilla, orangutan, or siamang), baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer (including members of the deer family such as elk–,antelope, elk, and moose), elephant, ferret, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma; falso known as cougar, mountain lion, or panther), raptor, rhinoceros, any snake whi that is poisonous, or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. (Amended by Ord. No. 98-44, 12116198) (Amended by Ord. No 2002-32, 11 /26102) Density: The number of dwelling units divided by the net -acreage of thea site., erieledes excluding the area of wetlands, wetland buffers, and -areas below the 100 -year ordinary high water level, and riis-of-way for arterial roadway its. , net aer-eage is based en the pr -e development eendifiens of th site: For planned unit developments, the acreage of a site shall also exclude conservation easement areas. (Amended by Ord. No. 2001-06, 02113/01) (Amended by Ord. No 2002-32, 11/26102) Lot Area: The total land area of a horizontal plane within the lot lines (excludes areas below the ordinarhigh water level of public waters). Play and Recreational Facilities: Accessory structures and/or uses that are customary and incidental to the principal use of the site, including but not limited to swing sets, play structures, sand boxes, fire pits, skate board ramps, tennis courts, sport courts, swimming pools and their related aprons, and the like, intended for the enjoyment and convenience of the residents of the principal use and their eeeasienal guests. (Amended by Ord. No. 2002-02, 01122/02) (1) Residential Facility, State Licensed: Any facility licensed by the Minnesota Department of Human Services, public or private, which for gain or otherwise regularly provides one or more persons with twenty-four (24) hour per day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: state institutions under the control of the Commissioner of Public Welfare, foster homes, halfway houses, residential treatment centers, matemity shelters, group homes, residential programs or schools for handicapped children. Storage, Outside-(Eer-): Exterior depository, stockpiling, or safekeeping of materials, products, vehicles, trailers and the like. stmewfe that ineludes a mefi, but fie side wAs, in wbieh ease the stmefffe shall be deemed Parking lots do not qualify foras outside storage. Outside storage does -shall not involve any product representation or signage except for those emergency or safety related signs specifically approved by the City. Vending machines accessory to allowable uses do not constitute outside storage. The parking or storage of vehicles, equipment, and merchandise for a period of less than ninety-six (96) hours does not constitute outside storage. Wetland Replacement Plan: A plan that shows how wetland areas will be re-created or mitigated pursuant to Minnesota Rules, Chapter 8420, in cases where wetlands are drained, filled, or otherwise impacted. SECTION 2. Amendment. Section 21020 of the Plymouth City Code (ADMINISTRATION - INTERIM USES) is amended as follows: SECTION 21020 - ADMINISTRATION - INTERIM USES 21020.01. PURPOSE AND INTENT: The purpose and intent of allowing interim uses is: Subd. 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. Subd. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. Subd. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. (2) 21020.02. PROCEDURES: Subd. 1. Uses defined s iInterim uses shall be processed according to the s anda s an procedures and standards for a conditional use permit as established by Section 21015 of this Chapter. Subd. 2. Effect of Permit. An "interim use permit" for seasonal farmer's market and produce sales may be issued for a period of up to eight months per calendar year_ aAfter Awh—ieah dhe pemait the City Council has issued such an interim use permit for the first term, the Zoning Administrator may be -reissued such permit for up to eight months a -per calendar year1 provided the seasonal farmer's market or produce sale is consistent with the original interim use permit approval, and is in compliance with Section 21460.09, Subd. 2 of this Chapter. (Amended by Ord. No. 2005-01, 01/11/05) 21020.03. GENERAL STANDARDS: An interim use shall comply with the following: Subd. 1. Meet the standards of a conditional use permit set forth in Section 21015.02, Subd. 5 of this Chapter. Subd. 2. Conform to the applicable general performance standards of Section 21015.04 of this Chapter. Subd. 3. The use is allowed as an interim use in the respective zoning district. Subd. 4. The date or event that will terminate the use can be identified with certainty. Subd. 5. The use will not impose additional unreasonable costs on the public. Subd. 6. The user agrees to any conditions that the City Council deems appropriate for permission of the use. 21020.04. TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever occurs first: Subd. 1. The date stated in the permit. Subd. 2. Upon violation of conditions under which the permit was issued. Subd. 3. Upon change in the City's zoning regulations which renders the use non- conforming. (3) Subd. 4. The redevelopment of the use and property upon which it is located., to a permitted or conditional use as allowed within the respective zoning district. 21020.05. CERTIFICATION OF TAXES PAID: Prior to approving an application for an interim use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the interim use permit application relates. SECTION 3. Amendment. Section 21045.03, Subd. 2 of the Plymouth City Code (SITE PLAN REVIEW—PRE-APPLICATION SKETCH REVIEW) is amended as follows: Subd. 2. The Zoning Administrator shall review the sketch and provide informal comments. , eases -, The Zoning Administrator shall have the prerogative and authority to refer the sketch to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the Zoning Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision. SECTION 4. Amendment. Section 21105.06, Subd. 2 (b) of the Plymouth City Code (GENERAL BUILDING AND PERFORMANCE STANDARDS—EXTERIOR LIGHTING) is amended as follows: (b) Lighting on single- and two-family homes, manor homes, and townhouses is subject only to the regulations as outlined in Subd. 6 and in Subd. 7 (c) of this subsection. (Amended by Ord. No. 2008-09, 03/25/08) SECTION 5. Amendment. Section 21135.07, Subd. 5 (e) of the Plymouth City Code (OFF- STREET PARKING AND LOADING—PARKING AREA DESIGN) is 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: (4) (Amended by Ord. No. 2001-06, 02113101) (5) Dimension Diagram 450 600 750 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 K2PA R Districts-- Resideneetial Uses (e*sept 30 excludes 1 & 2 Family -Uses) 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= 1 & 2 403** Famil ) Uses R Districts-- 1 & 2 yOther 311A10 Residential Uses 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-(laiidseape-area) M R Districts - All Residential Uses 10A R Districts - Non Residential Uses 3" Commercial and P/I Districts 10:8 Industrial Districts 25-.0 Side and rear lot line to drive N R Districts - 1-&-2 Family Dwellings -Uses 3-.G**** R Districts - Other Residential Uses 10 R Districts - Non Residential Uses 30.0 Non -Residential L'sesDistricts 15-.G*** Parallel parking, stall width -- 9.0 Parallel parking. stall length -- 23.0 Parking or drive aisle setback to principal structure O All Districts 10:8***** Minimum inside turning radius for fire lanes -- All Districts - As required to comply with minimum turnip radii for fire a aratus ui ment a * Required handicap stalls and ramps shall be per State Code. ** Exceat that varkine shall not occur within anv established drainage or utilitv easement - refer to Section 21135.08, Subd. 5. *** 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 lot areas are not required to observe the parking/d ve aisle area setback from such common lot line. 21 13 c 08 Subd. (6) **** Except that the setback for lots with frontage on cul-de-sac turnarounds may be less than 3 feet for that portion of the lot located within 15 feet of such cul-de-sac turnaround. ***** Except that entry vestibules containing less than 120 square feet may encroach up to seven (7) feet into this setback, provided there are no exit doors on the vestibule wall that directly faces toward the parking area. (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2006-04, 02107/06) (Amended by Ord. No 2008-09, 03125108) SECTION 6. Amendment. Section 21135.07, Subd. 5 (n) of the Plymouth City Code (OFF- STREET PARKING AND LOADING—PARKING AREA DESIGN) is amended as follows: (n) Driveway Access. Each apartment or non-residential property shall be allowed one (1) driveway access for each one hundred twenty-five (125) feet of street frontage. All such properties shall be entitled to at least one (1) driveway access. Two- family homes, townhouses, and manor homes shall be allowed one (1) driveway access per dwelling unit. Single-family uses shall be allowed one (1) driveway access per lot, except when the property exceeds the required street frontage per zoning district requirements, a second driveway access may be allowed by approval of the Zoning Administrator. Except as otherwise approved by the Zoning Administrator, single– family, two-family, townhouse, and manor home uses shall not access arterial and major collector streets. In such cases, if a lot does not have frontage upon a local street and where driveway access to arterial and major collector streets is determined necessary by the Zoning Administrator, joint access through the use of shared curb cuts and access easements shall be utilized to the extent possible. (Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2009-07, 05/12/09) SECTION 7. [RESERVED] SECTION 8. Amendment. Section 21135.11, Subd. 3 of the Plymouth City Code (OFF- STREET PARKING AND LOADING—NUMBER OF OFF-STREET PARKING SPACES REQUIRED) is amended as follows: 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 Shops Two (2) spaces for each beauty chair/station. 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) ehildr-en individuals of licensed capacity. Drive -In or Convenience Food One (1) space for each two and one-half (2.5) seats Establishments 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. Laboratories One (1) space for each three hundred fifty (350) square feet of floor area. 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 less, plus one (1) space for each company motor vehicle on the premises. 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. (8) 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 (Administrative/ One (1) space for each two hundred fifty (250) Commercial) and Banks square feet of floor area for the first 100,000 square feet, plus one (1) space for each three hundred fifty (350) square feet of floor area thereafter. The number of parking spaces provided shall not exceed the minimum requirement by more than ten (10) percent, unless authorized under Section 21135.12. Restaurants, Private Clubs, 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 or Convenience 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 for the first 100,000 square feet, plus one (1) space for each three hundred fifty (350) square feet of floor area thereafter. The number of parking spaces provided shall not exceed the minimum requirement by more than ten (10) percent, unless authorized under Section 21135.12. 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 Centers One (1) space for each two hundred (200) square feet of leasable floor area for the first 100,000 square feet, plus one (1) space for each three hundred fifty (350) square feet of leasable floor area thereafter. The number of parking spaces provided shall not exceed the minimum requirement by more than ten (10) percent, unless authorized under Section 21135.12. Sports and Fitness Clubs One (1) space for each three hundred (300) square feet of floor area. 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. (9) Wholesale Showrooms One (1) space for each five hundred (500) square feet of floor area. SECTION 9. Amendment. Section 21150.04 of the Plymouth City Code (DAY CARE FACILITIES—GENERAL PROVISIONS) is amended as follows: 21150.04. GENERAL PROVISIONS: Day care facilities that are allowable by conditional use permit shall meet the following applicable general provisions: (Amended by Ord. No. 2007-21, 08/14/07) Subd. 21. Sewer and Water. All day care facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. Subd. 32. Buffering. Unless exempted by the Zoning Administrator, where an outdoor play area of a day care facility abuts any commercial or industrial use or zone, or public right-of-way, the day care facility shall provide screening along the shared boundary of such uses, zones, or public rights-of-way. All of the required fencing and screening shall comply with the fencing and screening requirements of Section 21130.03 of this Chapter. Subd. 43. Parking. (a) There shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with Section 21135 of this Chapter. Parking areas shall be screened from view of surrounding and adjoining residential uses in compliance with Section 21130 of this Chapter. (b) When a day care facility is an accessory use within a structure containing another principal use, parking for each use shall be calculated separately for determining the total off-street parking spaces required. An exception to this requirement may be granted by the Zoning Administrator in instances where no increase in off-street parking demand will result. Subd. -54. Off -Street Loading. Off-street loading space in compliance with Section 21135 of this Chapter shall be provided. Subd. 65. Signage. All signing and informational or visual communication devices shall be in compliance with Section 21155 of this Chapter. (10) Subd. 76. Compliance with State Requirements. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly. SECTION 10. Amendment. Section 21155 of the Plymouth City Code (SIGN REGULATIONS) is amended as follows: SECTION 21155 - SIGN REGULATIONS 21155.01. FINDINGS: The City finds: Subd. 1. Exterior signs have a substantial impact on the character and quality of the environment. Subd. 2. Signs provide an important medium through which individuals may convey a variety of messages. Subd. 3. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 4. The City's zoning regulations have, since early as 1971, included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. (Amended by Ord. No 2007-04, 01/23/07) 21155.02 PURPOSE AND INTENT: The purpose and intent of this Section is to: Subd. 1. Regulate the number, location, size, type, illumination and other physical characteristics of signs in order to promote the public health, safety and welfare. Subd. 2. Maintain, enhance and improve the aesthetic environment by preventing visual clutter that is detrimental to the appearance and vitality of the community. Subd. 3. Improve the visual appearance of the City while providing for effective means of communication consistent with constitutional guarantees and the City's goals of public safety and aesthetics. Subd. 4. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. Subd. 5. It is not the purpose or intent of this Section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. (Amended by Ord. No. 2007-04, 01123107) 21155.03 EFFECT: A sign may be erected, mounted, displayed, or maintained if it conforms to the provisions of this Section. No person shall place, erect, modify, or maintain a sign, nor shall a lessee or owner permit property under their control to be used for such sign, that does not conform to the requirements of this Section, and all other regulations. The effect of this Section, as more specifically set forth herein, is to: Subd. 1. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this Section. Subd. 2. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this Section. Subd. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. Subd. 4. Provide for the administration and enforcement of the provisions of this Section. (Amended by Ord. No. 2007-04, 01/23/07) 21155.04. SEVERABILITY: If any subsection, sentence, clause, or phrase of this Section is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Section. The City Council hereby declares that it would have adopted the regulations in each subsection, sentence, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses or phrases be declared invalid. (Amended by Ord. No. 2007-04, 01123107) 21155.05. GENERAL REGULATIONS AND RESTRICTIONS: The following standards shall apply to all signs in all districts as permitted by this subdivision unless specifically set forth otherwise by this Section. Determination as to the applicability of the (12) standards to any given sign shall rest with the Zoning Administrator subject to the administrative appeal procedures set forth in this Section. Subd. 1. All signs hereafter erected or maintained, except for official or traffic signs, shall conform to the provisions of this Section; with other applicable ordinances and regulations of the City; and, relative to all federal and state highways, with the Minnesota Outdoor Advertising Control Act, Minnesota Statutes, Section 173.01, as amended. Subd. 2. Unless specifically prohibited, all signs may be illuminated internally or by reflected light subject to the following: (a) The light source shall not be directly visible and shall be arranged to reflect away from adjoining premises. (b) The illumination source shall not be placed so to cause confusion or hazard to traffic, or to conflict with official or traffic signs, signals, or lights. (c) Maximum illumination levels: (1) Signs using an LED (Light Emitting Diode) light source shall not exceed a luminance level of six hundred (600) candela per square meter (nits) between sunset and sunrise, and shall not exceed a luminance level of five thousand (5,000) candela per square meter between sunrise and sunset. (2) Signs using florescent, neon, or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. (3) All signs with illumination shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions (e.g., dusk). (d) No illumination involving movement, by reason of the lighting arrangement, lighting source, changes in either color or intensity of lighting, or other devices shall be permitted. This includes video display signs (except as allowed in Section 21155.05, Subd. 2 (e) of this Chapter), or any signs that have blinking, flashing, scrolling, shimmering, and rotating, except that time and temperature signs may be allowed. Furthermore, the transition from one static electronic display to another must be instantaneous without any special effects. (e) An electronic changeable copy sign, electronic graphic display sign, video display sign or a changeable copy sign, in addition to other permitted signage, may be permitted provided the following conditions are met: (1) The message shall not be visible from any public street. (2) The portion of the sign allocated to changeable copy shall be no greater than six (6) square feet. (13) (3) The sign shall comply with all other signage regulations. (f) Electronic changeable copy and electronic graphic display signs shall be designed and equipped to freeze the device in one position if a malfunction occurs or immediately discontinue the display. Additionally, the sign owner shall immediately stop the display if notified by the City that the sign is not complying with the standards of this Chapter. (Amended by Ord. No. 2008-09, 03/25/08) Subd. 3. The message or display on electronic changeable copy signs or electronic graphic display signs shall not change more than one time every fifteen (15) minutes, except for those signs permitted by Section 21155.05 Subd. 2 (e) and time and temperature signs. A display of time or temperature must remain for at least fifteen (15) minutes before changing to a different display, but the time and temperature information itself may change. (Amended by Ord. No. 2008-09, 03/24/08) Subd. 4. Signs painted directly on building exteriors are not permitted. Subd. 5. No freestanding signs shall project higher than thirty-six (36) feet above grade. Subd. 6. Except as otherwise limited by this Section, no freestanding sign shall exceed one hundred sixty (160) square feet in surface area. (Amended by Ord. No. 2008-09, 03124/08) Subd. 7. No wall sign or other sign attached to a building shall project above the roof line or parapet of the building to which it is attached or shall constitute a roof sign as defined by this Section. The exception is that wall signage may be placed partially over the roof area of buildings with flat roofs, provided such signage is located upon a perpendicular building column projecting from an exterior wall, and the signage is counted toward the allowable wall signage for the wall to which the column is attached. (Amended by Ord. No. 99-5, 01119/99) 02/23/10) (Amended by Ord. No. 2010-01, Subd. 8. No sign shall be erected or placed that resembles any official marker directed by a government agency, nor shall signs display such words as "stop" or "danger" except that in shopping centers these or other traffic signs may be used where deemed appropriate by the City Engineer. Subd. 9. No sign shall obstruct any window, door, fire escape, stairway, or other authorized or required building opening. (14) Subd. 10. No sign shall be erected or placed that, by reason of position, shape, size, or color, would interfere with proper functioning of a traffic sign or with reasonable visibility at a street intersection. Subd. 11. Signs shall not be permitted within the public right-of-way, or within dedicated public easements except the following: (a) Temporary public announcement signs for city-wide and free or civic community events. (Amended by Ord. No. 2010-01, 02123110) (b) Temporary directional real estate signs for community -wide annual events such as the "Parade of Homes". (c) Official or traffic signs erected by a governmental agency. Subd. 12. The owner, lessee, or manager of any sign, and the owner of the land upon which the sign is located, are responsible for keeping the grass and other vegetation cut and for keeping debris and rubbish cleaned up and removed from the property where the sign is located. Further, the same parties shall be responsible for assuring that every sign, including those which may be specifically exempt from these regulations relative to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant material. Subd. 13. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the licensee, sign owner, or owner of the property upon which the sign stands, upon written notice of the City Zoning Administrator. Subd. 14. No signs shall be permitted which include content classified as "obscene" as defined by Minnesota Statutes Section 617.241. Subd. 15. All signs shall direct primary attention to the business, commodity, service, activity, or entertainment conducted, sold, or offered on the premises where the sign is located, except as otherwise specified and allowed. Subd. 16. The construction of all signs permitted by this Section shall be in accordance with the Minnesota State Building Code, which is hereby adopted by reference as part of this Section, a copy of which shall be maintained by the Zoning Administrator. Subd. 17. No temporary or permanent sign shall be tacked, or otherwise attached to trees, fences, utility poles, or other such structures or supports, unless expressly permitted by this Section or other law. This prohibition includes signs or sign panels attached to outdoor athletic field fences. Subd. 18. No multi -vision sign or any other sign which revolves, rotates, or has any visible moving parts shall be permitted, except that signs alternately displaying time and temperature and barber poles may be allowed. (15) Subd. 19. No temporary or permanent sign shall be permitted in conjunction with any home occupation or licensed home occupation. Subd. 20. No new outdoor advertising signs are permitted in any zoning district. Outdoor advertising signs which existed on April 1, 1998 shall be considered conforming uses. (Amended by Ord. No. 2008-09, 03/24/08) Subd. 21. Outdoor advertising signs are a principal use of property. All such signs must be removed as a condition of subdivision, platting, site plan, or PUD approval for new uses or structures on the parcel where the outdoor advertising sign is located. No such sign that is non -conforming by reason of height, area, or location shall be altered or expanded to allow an electronic graphic display, changeable copy sign, or electronic changeable copy sign. (Amended by Ord. No. 2008-09, 03/24/08) Subd. 22. Signs are not permitted on bus benches. Subd. 23. The owner of any sign which is otherwise allowed by this Section may substitute non-commercial speech in lieu of any other commercial speech or non-commercial speech. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. This substitution of copy may be made without any additional approval or permitting so long as the substitution changes the message of the sign only. The exemption to separate approvals or permits shall not be construed as relieving the sign owner from responsibility for its erection and maintenance or its compliance with the provisions of this Section or any other law or ordinance regulating the same. Subd. 24. No mobile sign shall be permitted, except those specifically allowed in Section 21155.06 Subd. 1 (c) (4). Subd. 25. Banners shall be permitted only as temporary signs in conjunction with temporary events or sales, and shall require a separate sign permit unless approved as part of an administrative permit. The sign area calculation shall be determined based on the outer dimensions of the banner. Area = Length x Width Length WM ^ Barrer _.. DDD 0 oo.ao00 (Amended by Ord. No. 2007-04, 01/23/07) (Amended by Ord. No. 2007-04, 01/23/07) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2008-13, 05/27/08) (Amended by Ord. No. 2009-07, 05/12/09) (16) 21155.06. DISTRICT REQUIREMENTS: Subd. 1. All Districts. The following signs are permitted in all zoning districts subject to applicable administrative procedures of Section 21155.07. (a) On -Site Directional Signs. On-site directional signs shall be permitted in any approved off-street parking area, when deemed necessary for the orderly movement of traffic, provided all the following conditions are met: (1) Directional signs shall not exceed four (4) square feet of surface area, and shall not project higher than eight (8) feet above grade, except that directional signs for buildings over 400,000 square feet in area shall not exceed fourteen (14) square feet of surface area. (2) Directional signs directed at persons off the site shall be limited to one (1) such sign per street access to the site. (3) Directional signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. (4) Directional signs shall be located and designed so as to not obstruct traffic or vision of drivers and pedestrians. (5) At least seventy-five (75) percent of the surface area shall be used to indicate the direction of traffic or to direct traffic to a specific location. (b) Off -Site Directional Signs. (1) In addition to other freestanding signs permitted in the applicable zoning district, off-site directional signs are permitted for businesses, apartment complexes, or institutions that are not located on a minor arterial or a major collector street. Such uses may display one (1) off-site directional sign on private property that abuts a minor arterial or major collector street, subject to the following requirements: a. Off-site directional signs may be located in any zoning district. b. There shall be no more than one (1) off-site directional sign for each business, apartment complex or institution. C. Off-site directional signs shall be visible from a minor arterial or major collector street. (17) d. Off-site directional signs shall be located at the major intersection nearest to the business, apartment complex or institution displaying the sign. e. There shall be no more than one (1) off-site directional sign per intersection corner. f. Off-site directional signs shall not exceed four (4) square feet in surface area or eight (8) feet in height. g. Off-site directional signs shall not be illuminated. Max. 4 sq. ft. Tbite ITC Max. 1 h. At least seventy-five (75) percent of the surface area shall be used to direct traffic to a specific location. i. Off-site directional signs cannot be transferred to any other entity without review and permitting by the Zoning Administrator. j. Off-site directional signs shall be located outside of the sight visibility triangle. k. No off-site directional sign shall be located on any property without the written consent of the current property owner. The applicant for the sign permit shall be responsible to obtain written consent from subsequent property owners. 1. Off-site directional signs required by the City of Plymouth for public safety purposes are subject to the above requirements. Such signs may exceed four (4) square feet in area to accommodate an affected location address. (Amended by Ord. No. 2001-26, 08/14/01 (2) One (1) off-site directional sign for properties located in commercial or industrial districts may be located on an abutting premises if deemed necessary by the Zoning Administrator in order to avoid confusion to the traveling public and assist emergency vehicles in locating the premises, provided all the following conditions are met: a. The signage rights are designated in a recorded easement or similar instrument. b. The premises served by the off-site directional sign shall not have direct access to a public street. (18) C. The off-site directional sign shall be located on a premises that 1) provides access to the premises served by the off-site directional sign, and 2) has access on an arterial or collector roadway. d. At least seventy-five (75) percent of the surface area shall be used LO direct traffic to a specific location. e. The sign shall comply with all other ordinance requirements, except that the maximum height of such sign shall not exceed five (5) feet. (Amended by Ord. No. 2001-06, 02113/01) Max. 4 sq. ft. T Site Max. 1 (c) Temporary Signs. All temporary signs that require a permit shall be designed and manufactured by a licensed sign contractor, or shall receive prior design approval by the Zoning Administrator. The following temporary signs are allowed in all districts: (1) Construction Signs. One (1) temporary sign not exceeding a total surface area of ninety-six (96) square feet, not exceeding sixteen (16) feet in height, and not less than two (2) feet above grade. Such signs shall be set back at least ten (10) feet from lot lines. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first. (2) Real Estate Signs, Off -Premise. One (1) temporary real estate sign located off the site being developed shall not exceed sixteen (16) square feet in surface area, or six (6) feet in height, or eight (8) feet in width. Such signs shall be set back at least ten (10) feet from lot lines. Off-site temporary real estate signs shall be located at I t tw h d d ( 200 f--+ fr eas o un re .1ee om any other such sign, unless grouped with other temporary real estate signs, provided that the total surface area of all such grouped signs shall not exceed thirty-two (32) square feet. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first. More than one off-site temporary real estate sign may be allowed per development in cases where, due to the large size of the project or due to an incomplete roadway system, such signage is deemed necessary by the Zoning Administrator to avoid confusion to the traveling public. (Amended by Ord. No. 2001-06, 02/13/01) (19) T Construction Sign 16' Max. Max. 96 sq. ft . F N1n. eas o un re .1ee om any other such sign, unless grouped with other temporary real estate signs, provided that the total surface area of all such grouped signs shall not exceed thirty-two (32) square feet. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first. More than one off-site temporary real estate sign may be allowed per development in cases where, due to the large size of the project or due to an incomplete roadway system, such signage is deemed necessary by the Zoning Administrator to avoid confusion to the traveling public. (Amended by Ord. No. 2001-06, 02/13/01) (19) (3) Non-commercial Signs. Temporary non-commercial signs of any size and in any number may be posted from 46 Vote for Me! days before the state primary 1 in a state general election year until ten (10) days following the general election, and from thirteen (13) weeks prior to any special election until ten (10) days following the special election. 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. Such non-commercial signs do not require a sign permit, pursuant to Section 21155.07, Subd. 2 (h) of this Section. (Amended by Ord. No. 2010-05, O5111110) (4) FUNIC Announcement signs. 1 emporary signs for non-commercial announcements shall not come to exceed thirty-two (32) square feet in surface area. Music in For city-wide and free or civic community events, up Plymouth to three (3) such signs per event may be permitted with a maximum combined surface area not to C exceed three hundred (300) square feet. Such signs shall be located at least ten (10) feet from lot lines, and shall be removed when the intended purpose has been fulfilled or for a maximum time of fourteen (14) days. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. (Amended by Ord. No. 2000-06, 02129100) (Amended by Ord. No. 2010-01, 02/23110) (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. No. 2009-07, 05112109) Subd. 2. Residential Districts. Signs are accessory to permitted, interim and conditional uses in residential districts. Only the following signs are permitted in the FRD, RSF and RMF Districts, unless otherwise specifically provided in this Section: (a) All signs permitted in Section 21155.06, Subd. 1. (b) Nameplate Signs. One (1) nameplate sign provided that the surface area does not exceed four (4) square feet. If the nameplate sign is freestanding, it shall be located at least ten (10) feet from lot lines, and shall not exceed six (6) feet in height. (20) TM, 41gff. 6' (c) Signs for Non -Residential Uses. (1) One (1) freestanding sign not to exceed thirty- two (32) square feet in surface area. The sign shall be located at least ten (10) feet from lot lines, and shall not exceed six (6) feet in height. The sign may include a changeable copy sign or an electronic changeable copy sign subject to the following: a. The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. b. The color of electronic text shall be white or amber with a contrasting dark background. C. The sign shall be set back at least fifty (50) feet from side and rear lot lines, except that in no case shall such signage be set back less than one hundred (100) feet from any directly abutting residentially guided or used property. d. For properties with more than one (1) abutting roadway, a sign with electronic elements shall be located on the highest classification roadway. e. Only one (1) sign with electronic elements shall be permitted per lot. For developments with two (2) or more structures and/or lots, only one (1) sign with electronic elements shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12109) f. The portion of the sign dedicated to changeable copy or electronic changeable copy shall not be illuminated between the hours of 10:30 PM and 6:00 AM. (2) Wall signage shall be permitted on one wall of allowed M". so sqwre feet or a pave.I .f Well emu non-residential uses; however, lots wee sip with frontage on two or more D D D 0 0 0 1 a Q streets may have signage on one 0 010 0 0 D 0 U wall per street frontage. Such signage shall not exceed fifty (50) square feet in surface area, or five (5) percent of the area of the wall to which the sign is attached, whichever is greater. (Amended by Ord. No. 2000-06, 02/29/00) (21) Max. 32 sq. ft. T Area Max Identification - 1 5fgn -- a. The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. b. The color of electronic text shall be white or amber with a contrasting dark background. C. The sign shall be set back at least fifty (50) feet from side and rear lot lines, except that in no case shall such signage be set back less than one hundred (100) feet from any directly abutting residentially guided or used property. d. For properties with more than one (1) abutting roadway, a sign with electronic elements shall be located on the highest classification roadway. e. Only one (1) sign with electronic elements shall be permitted per lot. For developments with two (2) or more structures and/or lots, only one (1) sign with electronic elements shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12109) f. The portion of the sign dedicated to changeable copy or electronic changeable copy shall not be illuminated between the hours of 10:30 PM and 6:00 AM. (2) Wall signage shall be permitted on one wall of allowed M". so sqwre feet or a pave.I .f Well emu non-residential uses; however, lots wee sip with frontage on two or more D D D 0 0 0 1 a Q streets may have signage on one 0 010 0 0 D 0 U wall per street frontage. Such signage shall not exceed fifty (50) square feet in surface area, or five (5) percent of the area of the wall to which the sign is attached, whichever is greater. (Amended by Ord. No. 2000-06, 02/29/00) (21) (d) (3) Window signage (includes graphics) shall be permitted on the same building walls that have, or are allowed to have, wall signage pursuant to item (2) above. Window signage shall be deducted from the allowable wall signage area, however, in no case shall window signage cover more than fifty (50) percent of the area of the windows on the respective building wall. Area Identification Signs. (1) Area identification signage shall be permitted for each multi -residential project or residential subdivision. For purposes of this Section, residential subdivisions shall include all phases of approved staged developments. (2) The area identification signage shall be located near entrances to the project or subdivision, except that one (1) area identification sign does not need to be located near an entrance to the project or subdivision provided it is located along an abutting arterial or major collector roadway. (Amended by Ord. No. 2002-02, 01/22102) (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per project or subdivision. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 0512109) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, or a time and temperature sign. (22) Max. 32 sq. ft. TA rea Id enF if icaF ion 10.rign Max (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 0512109) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, or a time and temperature sign. (22) (e) Temporary Signs. (1) Special Event Signs. One (1) temporary sign may be ""°"• 32 sq" fe" for FwwFvAy hrtmWe Sips mounted on a portable stand, P� with a maximum surface area - Q not exceeding thirty-two (32) --__ square feet, or may be a wall sign subject to the same size - standards as the permanent wall signage allowed for the use. Such signs must be located on Max. so "wre f"t .r s poneet .f wdl area the subject property and shall be set back at least fifty (50) feet fl p 0 n (� from any side or rear lot line that directly abuts residentially-�-� used property. The signs may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. The use of the temporary sign by tenants on the lot shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsibility for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. No such temporary signage shall be allowed on any lot that has a changeable copy sign or an electronic changeable copy sign. (Amended by Ord. No. 2009-07, 05/12/09) (2) Temporary Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants in the FRD District only. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from the lot lines, and shall be erected only during the period of transient sales as defined by the administrative permit. (23) (3) Temporary Real Estate Signs, On -Premise. One (1) temporary sign related to the sale, rent, or lease of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be eight (8) square feet or less in surface area. Apartment complexes may have one (1) wall sign with a surface area not to exceed five (5) percent of the area of the wall to which it is attached. Such apartment complex wall signage may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. The owner or manager of the sign and the owner of the land shall be equally responsible for the proper location, maintenance, and ultimate removal of the Max. 8 square feet For Sale Mex. s pavex of well area se.ea. _. ? II D 0 0 A 0a..Un00�Il (f) Private Drive Signs. One (1) private drive sign not exceeding eight (8) square feet in area or five (5) feet in height shall be located near each entrance to a private drive, pursuant to Section 21137 of this Chapter. (Amended by Ord. No. 2002-32, 11126/02) (Amended by Ord. No. 2008-09, 03124/08) (Amended by Ord. No. 2010-01, 02123110) Subd.3. O, Office District. Signs are accessory to permitted, conditional, and interim uses in the O District. Only the following signs are permitted in this district, unless otherwise specifically provided in this Section: (a) All signs permitted in Section 21155.06, Subd. 1. (b) Freestanding Signs. One (1) freestanding sign not exceeding sixty-four (64) square feet in surface area, and maximum height of sixteen (16) feet. The sign shall be set back at least ten (10) feet from lot lines. The sign may include a changeable copy sign or an electronic changeable copy sign subject to the following: Freestanding Sign Max. 64 sq. ft. 16' Max 1 (1) The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. (2) The color of electronic text shall be white or amber with a contrasting dark background. (3) For properties with more than one (1) abutting roadway, a sign with electronic elements shall be located on the highest classification roadway. (24) (c) (d) (4) Only one (1) sign with electronic elements shall be permitted per lot. For developments with two (2) or more structures and/or lots, only one (1) sign with electronic elements shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12/09) Wall Signage. (1) Wall signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall t dfi 50 f t' no excee L.Y ( ) squareee m surface area, or five (5) percent of the area of the wall to which the sign is attached, whichever is greater; and, shall not extend more than eighteen (18) inches from the face of the building except that such signage may extend from the face of the roof over a covered walk, or from a marquee, providing the signage does not extend above the roof line or parapet of said building. (Amended by Ord. No. 99-5, 01 /19/99) (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. (3) Window signage (includes graphics) shall be permitted on the same building walls that have, or are allowed to have, wall signage pursuant to item (1) above. Window signage shall be deducted from the allowable wall signage area, however, in no case shall window Up to 5046 Of WWWm I 54-t to WWI AmAox signage cover more than fifty (50) percent of the area of the windows on the respective building wall. Area Identification Signs. (1) Area identification signage shall be permitted for commercial developments with two or more structures. (2) The area identification signage shall be located near entrances to the development, except that one (1) area identification sign does not need to be located near an entrance to the project or subdivision provided it is located along an abutting arterial or major collector roadway. (25) (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 05/12/09) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, or a time and temperature sign. (e) Signs for Residential Uses. For residential uses in the O District, signs shall be permitted as allowed in Section 21155.06, Subd. 2. (f) Temporary Signs. (1) Special Event Signs. For single -tenant buildings and multi - tenant buildings with two (2) to four (4) lease -spaces. Gone temporary sign may be mounted on a portable stand, with a maximum surface area not exceeding thirty - t, i PGPrAAL two (32) square feet, or may be a wall sign subject to the same size "�°"' 50 �tlO1e h.t .F s �"°' .f ""di °�° standards as the permanent wall signage allowed for the use. Such ?RD 0 0 [1 signs must be located on the subject property and may be used not more---��^°�^� than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. For Mmulti- tenant buildings with five (5) or more lease -spaces, each tenant shall be permitted one such sign pepper calendar year, except that tenants may be permitted more than one such sign per calendar year upon written authorization of the property owner or designated manager — provided that such temporary signage shall not exceed the total number allowed for the building within the calendar year. Multi —tenant buildings with l29r+ ) lease -spaees shall be (26) Max. 32 sq. ft. T_.' AreaicaF Id nif n io 10' S ion Max (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 05/12/09) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, or a time and temperature sign. (e) Signs for Residential Uses. For residential uses in the O District, signs shall be permitted as allowed in Section 21155.06, Subd. 2. (f) Temporary Signs. (1) Special Event Signs. For single -tenant buildings and multi - tenant buildings with two (2) to four (4) lease -spaces. Gone temporary sign may be mounted on a portable stand, with a maximum surface area not exceeding thirty - t, i PGPrAAL two (32) square feet, or may be a wall sign subject to the same size "�°"' 50 �tlO1e h.t .F s �"°' .f ""di °�° standards as the permanent wall signage allowed for the use. Such ?RD 0 0 [1 signs must be located on the subject property and may be used not more---��^°�^� than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. For Mmulti- tenant buildings with five (5) or more lease -spaces, each tenant shall be permitted one such sign pepper calendar year, except that tenants may be permitted more than one such sign per calendar year upon written authorization of the property owner or designated manager — provided that such temporary signage shall not exceed the total number allowed for the building within the calendar year. Multi —tenant buildings with l29r+ ) lease -spaees shall be (26) eensider-ed-as-a side let for-puTeses-ef this paragraph. The use of the single Any such temporary signage by tenants on the lot shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. No such temporary signage shall be allowed on any lot that has a changeable copy sign or an electronic changeable copy sign, excluding such signs that exclusively display fuel prices. (Amended by Ord. No. 2009-07, 05/12109) (Amended by Ord. No. 2010-01, 02/23/10) (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales as defined by the administrative permit. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines, and shall not be located in any required side or rear yard. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. For Sale Or Lease Max. 96 sq. ft. 36' Max (Amended by Ord. No. 2002-02, 01122102) (Amended by Ord. No. 2008-09, 03124/08) (Amended by Ord. No. 2010-02, 02123/10) Subd. 4. Other Commercial Districts. Signs are accessory to permitted, interim, and conditional uses in the C-1, C-2, C-3, C-4, C-5, and B -C Districts. Only the following signs are permitted in these districts, unless otherwise specifically provided in this Section: (Amended by Ord. No. 2000-09, 03/21 /00) (a) All signs permitted in Section 21155.06, Subd. 1. (27) (b) Wall Signage. (1) Allowable uses and business establishments, including m` io P+.f" A' individual business and tenants in multi -tenant commercial buildings, r" may have wall signage provided such signage not extend more than eighteen (18) inches from the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, provided the signage does not extend above the roof or parapet of said building. Wall signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed ten (10) percent of the area of the wall to which the signage is attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit. (2) Canopies shall be considered to be an integral part of the structure to which they are ( , accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the t wall area, and thus shall not warrant additional sign _ r area. Canopy signage shall be deducted from the permitted wall signage area. Canopies for motor vehicle fuel sales that do not include a convenience market on the lot shall be permitted separate signage. Such signage may occur on all faces of the canopy and shall not exceed twenty-four (24) square feet in surface area or twenty (20) percent of the face of the canopy to which the signs are attached, whichever is greater. (Amended by Ord. No. 2001-25, 08/14101) (3) Window signage (includes graphics) shall be permitted on the same building walls that have, or are allowed to have, wall signage pursuant to item (1) above. Window signage shall be deducted from the allowable wall signage area, however, in no case shall window signage cover more than fifty (50) percent of the area of the windows on the respective building wall. (Amended by Ord. No. 2010-01, 02/23/10) (28) (c) Freestanding Signs. (1) One (1) freestanding sign not to exceed one hundred (100) square feet in surface area or thirty-six (3 6) feet in height, and set back at least ten (10) feet from lot lines. (2) The freestanding sign may contain a time and temperature sign, a changeable copy sign, an electronic changeable copy sign, or an electronic graphic display sign, subject to the following restrictions: a. The portion of the sign containing changeable copy (electronic or not) or electronic PermmanT Copy 9-t—ic Chmg¢ab k Massage Max. 64 squaro 4eer 36 .tea....._ Finatmding Sign Max 100 square fat graphic display shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. b. The electronic portion of the sign shall not exceed sixty-four (64) square feet. C. For properties with more than one (1) abutting roadway, a sign with electronic elements shall be located on the highest classification roadway. d. Only one (1) sign with electronic elements shall be permitted per lot. For developments with two (2) or more structures and/or lots, only one (1) sign with electronic elements shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 2000-06, 02129100) (Amended by Ord. No. 2005-30, 11129/05) (d) In addition to the freestanding sign above, restaurant uses in the C-3 and C-4 districts with a drive-through facility may have up to two (2) additional signs, subject to the following conditions: (1) The combined surface area of the two signs shall not exceed forty (40) square feet. (2) Neither sign shall exceed eight (8) feet in height from grade to the top of the sign. (29) T Meru sign e 1 5�a g �1 Max. of Both Signs Com biied - 40 sq. ft. (3) The sign(s) shall be single -sided, located adjacent to the drive- through aisle, and oriented so that the signs provide information to the patrons using the drive-through facility only. (4) If two signs are used, they shall be similarly designed with the same style, materials and color. (5) Extenders shall not be attached to any sign if the maximum size allowed in (1) or (2) above would be exceeded. (Amended by Ord. No. 99-5, 01119199) (Amended by Ord. No. 2003-06, 03/25/03) (Amended by Ord. No. 2009-07, 05/12/09) (e) Area Identification Signs. (1) Area identification signage shall be permitted for commercial developments with two or more structures. (2) The area identification signage shall be located near entrances to the development, except that one (1) area identification sign does not need to be located near an entrance to the project or subdivision provided it is located along an abutting arterial or major collector roadway. (Amended by Ord. No. 2002-02, 01/22/02) (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 05112109) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, a time and temperature sign, or an electronic graphic display sign. (30) Max. 32 sq. ft. TArea Id errt if kaF ion 10'Si n Max (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 05112109) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, a time and temperature sign, or an electronic graphic display sign. (30) (f) Temporary Signs. (1) Special Event Signs. For single - tenant buildings and multi -tenant buildings with two (2) to four (4) lease- spaces, ease- s a� ces, Gone temporary sign may be mounted on a portable stand, with a maximum surface area not exceeding thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the use. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. For Mmulti-tenant buildings with five (5) or more lease - spaces, each tenant shall be permitted one such sign pamper calendar year, except that tenants may be permitted more than one such sign per calendar year upon written authorization of the property owner or designated manager — provided that such temporary signage shall not exceed the total number allowed for the building_ within the calendar year. Mu4i tenant buildings with less five (5) lease spaees sha4l be eensider-ed as a single let for- puTeses ef diis paFagr-aph. The use of the Any such temporary signage by tenants o the le shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. No such temporary signage shall be allowed on any lot that has a changeable copy sign, an electronic changeable copy sign, or an electronic graphic display sign, excluding such signs that exclusively display fuel prices. (Amended by Ord. No. 2009-07, 05112109) (Amended by Ord. No. 2010-01, 02/23/10) K'� PoeraS�� (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales as defined by the administrative permit. (31) (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. (Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2008-09, 03/254/08) For Sala Or Lease Max. 96 sq. ft. 36r MdX Subd. 5. CC (City Center) Districts. Signs are accessory to permitted, interim, and conditional uses in the CC -P, CC -R & E, and CC -OT & R Districts. Only the following signs are permitted in these districts unless otherwise specifically provided in this Section: (a) All signs permitted in Section 21155.06, Subd. 1. (b) Wall signage: k i d Anowame uses ana business establishments, including 1. to powma of WA Area individual business and tenants in �., , 7'awsawt multi -tenant commercial buildings, may have wall signage provided Q such signage not extend more than eighteen (18) inches from the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, provided the signage does not extend above the roof or parapet of said building. Wall signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed ten (10) percent of the area of the wall to which the signage is attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit. (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. Canopies for motor (32) , T�— � x �r (c) vehicle fuel sales that do not include a convenience market on the lot shall be permitted separate signage. Such signage may occur on all faces of the canopy and shall not exceed twenty-four (24) square feet in surface area or twenty (20) percent of the face of the canopy to which the signs are attached, whichever is greater. (3) Window signage (includes graphics) shall be permitted on the same building walls that have, or are allowed to have, wall signage pursuant to item (1) above. Window signage shall be deducted from the allowable wall signage area, however, in no case shall window signage cover more than fifty (50) percent of the area of the windows on the respective building wall. (Amended by Ord. No. 2010-01, 02/23/10) Freestanding Signs: t� Up to 50% of Wind" — — 5upjeotto wall AMMax (1) CC -R & E and CC -OT & R. One (1) monument sign shall be permitted per lot, provided the height shall not exceed ten (10) feet, and the surface area of the sign shall not exceed thirty-two (32) square feet. Such signage shall be set back at least ten (10) feet from all lot lines. The monument sign may include a changeable copy sign or an electronic changeable copy sign, provided the color of electronic text on electronic changeable copy signs shall be white or amber with a contrasting dark background. For properties that abut more than one (1) roadway, a sign with electronic elements shall be located on the highest classification roadway. (2) CC -P• One fl monument si shall be gn permitted per lot, provided the height shall not exceed ten (10) feet, and the surface area of the sign shall not exceed sixty-four (64) square feet. Such signage shall be set back at least ten (10) feet from all lot lines. The monument sign may include a changeable copy sign, an electronic changeable copy sign, or an electronic graphic display sign, provided it is set back at least fifteen (15) feet from all lot lines and the color of electronic text on electronic changeable copy signs shall be white or amber with a contrasting dark background. (33) (d) (3) For properties directly abutting Highway 55, one freestanding sign not exceeding thirty-six (36) feet in height shall be permitted per lot in lieu of the monument sign identified in (1) above, provided the surface area of the sign shall not exceed one hundred (100) square feet. Any such freestanding sign shall be located between Highway 55 and the building, and shall be setback at least ten (10) feet from all lot lines. The sign may include a changeable copy sign or an electronic changeable copy sign, subject to the following restrictions: remanent Copy 8.&—io Chmgaah k M-9. Max. 64 aquae fast 36 Freestanding Sign Max foo square f«t a. The color of electronic text on electronic changeable copy signs shall be white or amber with a contrasting dark background. b. The electronic portion of the sign shall not exceed sixty-four (64) square feet. C. Only one (1) sign with electronic elements shall be permitted per lot. For developments with two (2) or more structures and/or lots, only one (1) sign with electronic elements shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12/09) Area Identification Signs: (1) Area identification signage shall be permitted for commercial developments with two or more structures. (2) The area identification signage shall be located near entrances to the development, except that one (1) area identification sign does not need to be located near an entrance to the project or subdivision provided it is located along an abutting arterial or major collector roadway. (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate (34) Max. 32 sq. ft. TArea Id ent if icaF ion 14' S i n Max (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate (34) easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 05112109) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, or a time and temperature sign. (e) Temporary Signs: (1) Special Event Signs. For single- AUx. S2 sQre fee* fsw Fsees+miq hsNYe 31ps tenant buildings and multi -tenant buildings with two (2) to four (4) lease-_ -�.M spaces, Gone temporary sign may be _ — -- mounted on a portable stand, with a - ~ maximum surface area not exceeding thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for io percent of wall oda the use. Such signs must be located on the s� subject property and may be used not more D 0 0 0 0 � A than four (4) times per calendar year, and for D E 0 0 0 Il a period of not more than fourteen (14) days per time. For Mmulti-tenant buildings with five (5) or more lease -spaces, each tenant shall be permitted one such sign pef aper calendar year, except that tenants may be permitted more than one such sign per calendar year upon written authorization of the property owner or designated manager – provided that such temporary signage shall not exceed the total number allowed for the building within the calendar year. tenant buildings , it less ltha five (5) lease � shall be a si ere a single lot f urruri o pufpeses of this pafWaph. The use ethe single -Any such temporary signage by tenants on the lot shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. No such temporary signage shall be allowed on any lot that has a changeable copy sign, an electronic changeable copy sign, or an electronic graphic display sign, excluding such signs that exclusively display fuel prices. (Amended by Ord. No. 2009-07, 05112/09) (Amended by Ord. No. 2010-01, 02/23110) (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales as defined by the administrative permit. (35) (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. (Amended by Ord. No. 2008-09, 03/25/08) For Sale Or Lease Max 96 sq. ft. 3G max Subd. 6 Industrial Districts. Signs are accessory to permitted and conditional uses in the I-1, I-2 and I-3 Districts. Only the following signs are permitted in this district unless otherwise specifically provided in this Section: (a) All signs permitted in Section 21155.06, Subd. 1. (b) Wall Signage. (1) Allowable uses and business establishments, including Alm' iG pamml of WA Aree individual business and tenants in multi -tenant commercial buildings, r may have wall signage provided such signage not extend more than eighteen (18) inches from the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, provided the signage does not extend above the roof or parapet of said building. Such wall signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed ten (10) percent of the area of the wall to which the signage is attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit. (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. (36) (3) Window signage (includes graphics) shall be permitted on the same building walls that have, or are allowed to have, wall signage pursuant to item (1) above. Window signage shall be deducted from the allowable wall signage area, however, in no case shall window signage cover more than fifty (50) percent of the area of the windows on the respective building wall. (Amended by Ord. No. 2010-01, 02/23110) (c) Freestanding Signs. One (1) freestanding sign not exceeding one hundred (100) square feet in surface area or thirty-six (36) feet in height, and is set back at least ten (10) feet from lot lines. The surface area of the sign may be increased to a maximum of one hundred sixty (160) square feet for industrial developments of over twenty (20) acres. The sign may include a changeable copy sign or an electronic changeable copy sign subject to the following: (1) The portion of the sign containing changeable copy or electronic changeable copy shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. r.�m.�t copy 6atronic Changeab k Mesxgs Max. 64 spas fest 36 MX FR..,anaing sign (2) The color of electronic text shall be white or amber with a contrasting dark background. (3) The electronic portion of the sign shall not exceed sixty-four (64) square feet. (4) For properties with more than one (1) abutting roadway, a sign with electronic elements shall be located on the highest classification roadway. (5) Only one (1) sign with electronic elements shall be permitted per lot. For developments with two (2) or more structures and/or lots, only one (1) sign with electronic elements shall be permitted per development. (Amended by Ord. No. 2009-07, 05112109) (d) Area Identification Signs. (1) Area identification signage shall be permitted for industrial developments with two or more structures. (2) The area identification signage shall be located at the entrance to the development. (37) (e) (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 05/12/09) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, or a time and temperature sign. Temporary Signs. (1) Special Event Signs. For single - tenant buildings and multi -tenant buildings with two (2) to four (4) lease - spaces, Pone temporary sign may be mounted on a portable stand, with a maximum surface area not to exceed thirty -two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the use. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days er time For #lmulti-t t b 'id' 'th p_ enan uI mgs wl five (5) or more lease -spaces, each tenant shall be permitted one such sign pef tenant -per calendar year, except that tenants may be permitted more than one such sign per calendar year upon written authorization of the property owner or designated manager — provided that such temporar�ignage shall not exceed the total number allowed for the building within the calendar year. "�•�'�t buildings with less than five (5) lease spaees shall be eensider-ed as a sing4e lot fe peTeses of thisage Any such temporary signby tenants o the let shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible (38) Max. 32 ea. ft. TArse Id snF if i�aF ion 10' Si n Max I� (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the lot or lots where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (Amended by Ord. No. 2009-07, 05/12/09) (5) No area identification sign shall contain a changeable copy sign, an electronic changeable copy sign, or a time and temperature sign. Temporary Signs. (1) Special Event Signs. For single - tenant buildings and multi -tenant buildings with two (2) to four (4) lease - spaces, Pone temporary sign may be mounted on a portable stand, with a maximum surface area not to exceed thirty -two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the use. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days er time For #lmulti-t t b 'id' 'th p_ enan uI mgs wl five (5) or more lease -spaces, each tenant shall be permitted one such sign pef tenant -per calendar year, except that tenants may be permitted more than one such sign per calendar year upon written authorization of the property owner or designated manager — provided that such temporar�ignage shall not exceed the total number allowed for the building within the calendar year. "�•�'�t buildings with less than five (5) lease spaees shall be eensider-ed as a sing4e lot fe peTeses of thisage Any such temporary signby tenants o the let shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible (38) for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. No such temporary signage shall be allowed on any lot that has a changeable copy sign or an electronic changeable copy sign. (Amended by Ord. No. 2009-07, 05112109) (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales as defined by the administrative permit. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. (Amended by Ord. No. 2008-09, 03/25/08) For Sal¢ Or Leme Mac 96 sq. ft . 36 Max Subd. 7. Public Institutional Districts. Signs are accessory to permitted, conditional and interim uses in the P -I District. Only the following signs are allowed in these districts, unless otherwise specifically provided in this Section. (a) All signs permitted in Section 21155.06, Subd. 1. (39) (b) One monument sign per street frontage, provided that: (1) The sign does not exceed sixty-four (64) square feet in surface area or ten (10) feet in height. The sign shall be set back at least ten (10) feet from lot lines. (Amended by Ord. No. 99-5, 01/19/99) (2) The sign may include a changeable copy sign, an electronic changeable copy sign or an electronic graphic display sign, provided that: a. The sign shall be set back at least fifty (50) feet from side and rear lot lines, except that in no case shall such signage be set back less than one hundred (100) feet from any directly abutting residentially guided or used property. (Amended by Ord. No. 2009-07, 05112109) b. The sign shall not be illuminated between the hours of 10:30 PM and 6:00 AM. C. The color of electronic text on electronic changeable copy signs shall be white or amber with a contrasting dark background. d. For properties with more than one abutting roadway, a sign with electronic elements shall be located on the highest classification roadway. e. Only one (1) sign with electronic elements shall be permitted per lot. For development with two (2) or more structures and/or lots, only one (1) sign with electronic elements shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12/09) (3) The sign may be single or double faced. (Amended by Ord. No. 2000-06, 02129100) (c) Wall signage shall be permitted on #AXso sq� fee or S pa�ffi of Wri ww one wall only, and shall not exceed fifty (50) gn square feet or five (5) percent of the area of D 0 the wall to which the sign is attached, IJ II 0 n 0 n MM C�flIlIlwhichever is greater. Window signage (includes graphics) shall be permitted on the same building wall that has, or is allowed to have, wall signage. Window signage shall be deducted from the allowable wall signage area, however, in no case shall window signage cover more than fifty (50) percent of the area of the windows on said building wall. (Amended by Ord. No. 2010-01, 02/23/10) (40) Marx. 64 sq. ft. TMonument 10' Sign Max a. The sign shall be set back at least fifty (50) feet from side and rear lot lines, except that in no case shall such signage be set back less than one hundred (100) feet from any directly abutting residentially guided or used property. (Amended by Ord. No. 2009-07, 05112109) b. The sign shall not be illuminated between the hours of 10:30 PM and 6:00 AM. C. The color of electronic text on electronic changeable copy signs shall be white or amber with a contrasting dark background. d. For properties with more than one abutting roadway, a sign with electronic elements shall be located on the highest classification roadway. e. Only one (1) sign with electronic elements shall be permitted per lot. For development with two (2) or more structures and/or lots, only one (1) sign with electronic elements shall be permitted per development. (Amended by Ord. No. 2009-07, 05/12/09) (3) The sign may be single or double faced. (Amended by Ord. No. 2000-06, 02129100) (c) Wall signage shall be permitted on #AXso sq� fee or S pa�ffi of Wri ww one wall only, and shall not exceed fifty (50) gn square feet or five (5) percent of the area of D 0 the wall to which the sign is attached, IJ II 0 n 0 n MM C�flIlIlwhichever is greater. Window signage (includes graphics) shall be permitted on the same building wall that has, or is allowed to have, wall signage. Window signage shall be deducted from the allowable wall signage area, however, in no case shall window signage cover more than fifty (50) percent of the area of the windows on said building wall. (Amended by Ord. No. 2010-01, 02/23/10) (40) (d) Temporary signs. 1~ or single -tenant buildings and multi -tenant buildings with two (2) to four (4) lease -spaces, Hone temporary sign may be mounted on a portable stand, with a maximum surface area not to exceed thirty-two (32) square feet or may be a wall sign subject to the same size standards as the permanent wall Mox so 29amme feat W S p.eaat of wall mea signage allowed for the use. Such signs must be located on the subject property s°`"`" ncl�. and may be used not more than four (4) Q.� times per calendar year, and for a period 0 Q 00 0 0 of not more than fourteen (14) days per A9.44""""�`"""`""°'" time. For Mmulti-tenant buildings with five (5) or more lease -spaces, each tenant shall be permitted one such sign per -test -per calendar year, except that tenants may be permitted more than one such sign per calendar year upon written authorization of the property owner or designated manager=provided that such temporary signage shall not exceed the total number allowed for the building within the calendar ,ye. Multi tena buildings v�� less than five (5) lease spaees shall be eensider-ed as a single let pur-peses ef this paragraph. The use of the Any such temporary signage by tenants on the be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the property owner shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. No such temporary signage shall be allowed on any lot that has a changeable copy sign, an electronic copy sign, or an electronic graphic display sign. (Amended by Ord. No. 2009-07, 05/12109) (Amended by Ord. No. 2008-09, 03125108) Subd. 8. Planned Unit Development Districts. A comprehensive sign plan is required for all non-residential PUDs (Planned Unit Development). Sign requirements within PUD Districts which are the same as those imposed in the corresponding zoning district in which the use is customarily permitted may be approved as part of the PUD final plan. Comprehensive sign plans which require variances from those standards shall require a PUD amendment. (Amended by Ord. No 2000-06, 02129/00) (Amended by Ord. No 2007-04, 01/23/07) (41) 21155.07. ADMINISTRATION AND ENFORCEMENT: The sign regulations set forth in this Section shall be administered and enforced by the Zoning Administrator. The procedures, standards and requirements for the administration and enforcement of the provisions shall be in accordance with this Section, the City Code, and other applicable laws and regulations. Subd.1. Permits Required. No sign shall be erected, altered, improved, reconstructed, maintained or moved in the City without first securing a permit from the City, except for those signs which are specifically exempted by these regulations. (a) An application for a permit shall be submitted to the Zoning Administrator in accordance with the permit procedures of the City Code and the requirements of this Section. The application shall include the information required by the form provided by the City and shall be accompanied by appropriate documents and plan or plans drawn to scale which legibly and accurately reflect the following: (1) The location of proposed and existing signs in relation to lot lines and existing and proposed building based upon a certified survey or site plan approved by the City which accurately reflects current conditions on the property. (Amended by Ord. No. 2009-07, 05/12109) (2) The design, full dimensions, and specifications including the method of construction, and attachment to a building or placement in the ground. (3) Stress calculations, where applicable, indicating that the structure's design for dead load and wind pressure in any direction in the amount required by City Code and regulations. (4) The addition, deletion, alteration, replacement or improvement of any electrical component. (5) Such other information as the Zoning Administrator or Building Official shall require to show full compliance with this Section and other applicable laws or codes of the City. The Zoning Administrator may waive requirements for technical information specified above where such information is not necessary to the determination of compliance. (b) The appropriate permit fee as set forth in the City Code shall be required prior to issuance of the permit. (c) The Zoning Administrator shall notify the applicant, in writing, of an incomplete application within fifteen (15) days of the date of submission. (d) The Zoning Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation (42) criteria, codes, ordinances, and applicable performance standards set forth in this Section within sixty (60) days of submission of a complete application. (e) The Zoning Administrator shall, upon approval, issue a written permit authorizing the proposed sign and related work; the permit shall, where applicable, specify the duration of the sign; and the permit shall indicate any special conditions or requirements related to the construction of the sign (f) Expiration and renewal of permits shall be in accordance with the provisions of the Minnesota State Building Code for building permits. Subd.2. Signs Not Requiring Permits. The following signs and work do not require a permit. The exemptions shall not be construed as relieving the owner or contractor of the sign from responsibility for its erection and maintenance, and its compliance with the provisions of this Section or any other law or ordinance regulating the same. (a) Official signs located in the public right-of-way or traffic signs erected by a governmental agency. (b) Changing the copy or message of an allowed changeable copy sign or changing the display surface of any existing sign, unless a structural change or a change to any electrical components is involved. (Amended by Ord. No. 2009-07, 05/12/09) (c) Changing the copy or sign face of an outdoor advertising sign, unless a structural change or a change to the electrical components is involved. (Amended by Ord. No. 2009-07, 05/12109) (d) Address letters and numerals required by and in conformance with City Codes. Included are related signs, not to exceed two (2) square feet, displayed strictly for the convenience of the public such as identification signs for rest rooms, waste receptacles, door bells, mailboxes, reserved parking spaces, loading zones, or primary building entrances. (e) Temporary real estate signs, on premise, that do not exceed eight (8) square feet in surface area., as authorized by Section 21155.06. (f) Directional signs for city-wide and free or civic community events and community -wide annual events such as the "Parade of Homes" as authorized by Section 21155.05. (Amended by Ord. No. 2010-01, 02/23/10) (g) Temporary construction signs that do not exceed eight (8) square feet in sign area, as authorized by Section 21155.06. (h) Non-commercial signs not exceeding thirty-two (32) square feet in sign area, and all non-commercial signs authorized by Section 21155.06, Subd. 1 (c) (3). (43) (i) Temporary signs in conjunction with an approved administrative permit. 0) Flags. Subd.3. Enforcement. All signs shall be subject to inspection by the Zoning Administrator or authorized designees who are hereby authorized to enter upon any property or premises to ascertain whether these regulations are being met. Such entrance shall be made during normal business hours, unless a clear and present emergency exists. The Zoning Administrator may order, in writing, the removal of any sign that is not maintained in accordance with the standards or maintenance requirements of this Section. Continued violations of this Section shall be administered and prosecuted in accordance with the City Code. Subd. 4. Removal of Abandoned Signs, Signs in Disrepair and Signs Located in the Public Right -of -Way. (a) Abandoned Signs and Signs in Disrepair: An abandoned sign or sign in disrepair is prohibited and shall be removed by the owner of the premises within thirty (30) days after notification. If compliance with the provisions of this Section is not achieved within thirty (30) days, the sign shall be deemed a public nuisance by following the procedure as specified in Section 2010 of the Plymouth City Code. (b) Signs on Public Property or Within Public Right -of -Way: The City may at any time and without notice impound signs which have been installed on public property or within public right-of-way or easement. Impounded signs will be held for a maximum of five (5) days, during which the owner may reclaim the sign(s). The City may discard any sign(s) not reclaimed by the end of this period. (Amended by Ord. No. 2008-09, 03125108) Subd.5. Variances and Appeals. Variances from the dimensional and location standards of this Section shall be subject to the procedures and requirements set forth in Section 21030 of this Chapter. No variances shall be considered which would allow signs in districts or places where such signs are prohibited or not allowed. Appeals to administrative rulings of the Zoning Administrator shall be made in accordance with the procedures and requirements of Section 21035 of this Chapter. (Amended by Ord. No. 2007-04, 01/23/07) 21155.08. LICENSING REQUIREMENT: No person or company shall be engaged in the business of installing, erecting, constructing, placing, maintaining, renting, leasing, or removing signs within the City of Plymouth without first obtaining a sign contractor's license. The procedures and fees for such license shall be as set forth in Chapter 10 of the City Code. (Amended by Ord. No 2007-04, 01/23/07) (44) 21155.09. TEMPORARY OUTDOOR SPECIAL PROMOTIONAL EVENTS: The Zoning Administrator shall—M4y_approve signs or other devices that do net eemply w4th standards Of are not addressed or are otherwise prohibited by_this Section when provided such signs or devices are directly related to, and a part of, a tempefary eutdeep-Wgcial promotional event as defined and allowed by this Chapter and regulated by Section 21025. Examples of the such signage and other devices that may be requested in this matter- aro include spotlights, skytrackers, inflatables, balloons, portable signage, and similar devices. All requests for such signage shall be made with the initial application for an allowed temper-ar-y eutdeeFspecial promotional event as regulated in this Chapter. The request for such signs/devices shall conform to the following requirements: Subd. 1. The sign/device shall only be located on the site during the duration of the event as defined in the administrative permit. Subd. 2. No sign/device shall be located on the roof of any building, in the public right-of-way, within any required yard, or in any location that impairs the parking capacity, pedestrian and vehicular traffic circulation, or emergency access. Subd. 3. Only one sign/device shall be allowed per event and no more than one sign/device shall be allowed on a lot at any one time. (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 98-11, 04/01/98) (Amended by Ord. No. 2005-01, 01/11/05) (Amended by Ord. No 2007-04, 01/23/07) (Amended by Ord. No. 2008-09, 03/25/08) (45) SECTION 11. Amendment. Section 21175.07, Subd. 1 (a) of the Plymouth City Code (ANTENNAS—PERSONAL WIRELESS SERVICE ANTENNAS) is amended as follows: (a) Antennas Located Upon An Existing Structure Or Existing Tower: Personal wireless service antennas located upon an existing structure or existing tower shall require the processing of an administrative permit and shall comply with the following standards: (1) The applicant shall demonstrate by providing a coverage or capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate wireless coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive zoning district. (2) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear or side yard of the principal use and shall be screened from view by landscaping where appropriate. (3) An administrative permit is issued in compliance with the provisions of Section 21025 of this Chapter. (4) The maximum height for antennas to be placed upon an existing structure (includes buildings and light standards) shall be regulated by Section 21115.02, Subd. 1 of this Chapter. (5) Antennas mounted upon an existing high voltage transmission tower shall not extend more than 20 feet above such high voltage transmission tower. (56) There is no maximum height limitation for antennas to be co -located upon an existing wireless communication tower, provided the height of such existing tower is not increased. SECTION 12. Amendment. Section 21175.07, Subd. 2 (a) (2) of the Plymouth City Code (ANTENNAS—PERSONAL WIRELESS SERVICE ANTENNAS) is amended as follows: (2) An administrative permit is issued in compliance with the provisions of Section 21025 of this Chapter and the following standards. a. Antennas mounted on public structures shall not extend more than fifteen (15) feet above the a= -height of the structure to which they are attached. (46) b. Building -mounted antennas shall not extend more than ten (10) feet above the roof, and shall be set back at least five (5) feet from the roof edge. C. Wall or facade mounted antennas may not extend more than five (5) feet above the cornice line and must be constructed of a material or color which matches the exterior of the building. d. Antennas mounted upon an existing high voltage transmission tower shall not extend more than 20 feet above such high voltage transmission tower. de. There is no maximum height limitation for antennas to be co - located upon an existing wireless communication tower, provided the height of such existing tower is not increased. SECTION 13. Amendment. Section 21175.07, Subd. 3 (a) of the Plymouth City Code (ANTENNAS—PERSONAL WIRELESS SERVICE ANTENNAS) is amended as follows: (a) Antennas Located Upon An Existing Structure Or Existing Tower: Personal wireless service antennas located upon an existing structure or co -located on an existing tower shall require the processing of an administrative permit and shall comply with the following standards: 1. An administrative permit is issued in compliance with the provisions of Section 21025 of this Chapter. 2. Building -mounted antennas shall not extend more than ten (10) feet above the roof, and shall be set back at least five (5) feet from the roof edge. 3. Wall or facade mounted antennas may not extend more than five (5) feet above the cornice line and must be constructed of a material or color which matches the exterior of the building. 4. Antennas mounted upon an existing high voltage transmission tower shall not extend more than 20 feet above such high voltage transmission tower. 5. There is no maximum height limitation for antennas to be co -located upon an existing wireless communication tower, provided the height of such existing tower is not increased. (47) SECTION 14. Amendment. Section 21185.01, Subd. 1 of the Plymouth City Code (LAND FILLING AND LAND EXCAVATION/GRADING OPERATIONS—PERMIT REQUIRED) is amended as follows: Subd. 1. Except for City landfilling and City land excavation/grading operations, paFt et: a subdivision or- other- develepraeat plan appr-eved by the or as may be otherwise stipulated by this Chapter, any person who proposes to add landfill or extract sand, gravel, black dirt, or other natural material from the land or grade land shall be subject to the permit requirements specified below: CUBIC YARDS OF PERMIT(S) REQUIRED LANDFILL OR LAND TO BE EXCAVATED/ GRADED 50 or less No permit required* 51-1,000 Grading permit as administered by the En'neerin Division Greater than 1,000 Interim use permit as provided in Section 21020 of this Chapter, and grading permit as administered by the Buildkig7Eg'neerin Division *Except as required within the Shoreland ManagementOverlay District, btp-pursuant to Section 21665.09, Subd. 2 (e). SECTION 15. Amendment. Section 21185.01, Subd. 2 of the Plymouth City Code (LAND FILLING AND LAND EXCAVATION/GRADING OPERATIONS—PERMIT REQUIRED) is amended as follows: Subd. 2. Notwithstanding the requirements of this section, no grading permit or interim use permit will be required for depositing landfill or excavation/grading on a lot for which a building permit has been issued for construction thereon or for a development where the development contract has been executed and related financial sureties have been submitted. provided the landfill or excavation/grading complies with Section 425 of the City Code and ^'' ^*�i" is in aeeerdanee an approved grading plan. Additionally, no interim use permit shall be required for depositing landfill or excavation/grading on a lot for which a preliminary plat or site plan has been approved, provided the landfill or excavation/grading complies with Section 425 of the City Code and an approved grading_plan. XU SECTION 16. Amendment. Section 21185.03 of the Plymouth City Code (LAND FILLING AND LAND EXCAVATION/GRADING OPERATIONS—TECHNICAL REPORTS) is amended as follows: 21185.03. TECHNICAL REPORTS: Upon receipt of a completed interim use permit application, as determined by preliminary staff review, the Zoning Administrator shall forward a copy thereof to the City Engineer and the City Building Official. Where protected watersheds, floodplains, and/or protected wetlands are in question, the appropriate watershed agency, Minnesota Department of Natural Resources, and Army Corps of Engineers shall also be contacted. These technical advisors shall be requested to prepare reports, as applicable, for the City Council and/or Zoning Administrator. (Amended by Ord. No. 2001-06, 02113101) SECTION 17. Amendment. Section 21185.08 of the Plymouth City Code (LAND FILLING AND LAND EXCAVATION/GRADING OPERATIONS—COMPLETION OF OPERATION) is amended as follows: 21185.08. COMPLETION OF OPERATION: Subd. 1. All landfill and excavation/grading operations shall be completed within one hundred eighty (180) days of the issuance of the interim use permit. Upon eemplefien, the pefmit helder shall notify the Zening Administmter- in writing of the date of eemplefien. If additional time beyond the one hundred eighty (180) days is needed for completion, the permit holder may apply to the Zoning Administrator and upon a satisfactory showing of need, the Zoning Administrator may grant an extension of time. If such extension is granted, it shall be for a definite period. Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the landfill or excavation/grading operation within one hundred eighty (180)— days and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as shortage of fill or excavated material, teamster's strike, unusually inclement weather, illness or other such valid and reasonable excuse for non -completion. In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with other provisions of this section relating to grading, leveling and seeding or sodding. What constitutes such "reasonable time" shall be determined by the Zoning Administrator . (Amended by Ord. No. 2001-06, 02113/01) Subd. 2. At the completion of a landfill or excavation/grading operation, the premises shall be graded, leveled, and seeded or sodded with grass. The grade shall be such elevation with reference to any abutting street or public way as the City shall prescribe in the permit. The site shall also conform to such prerequisites as the City may determine with reference to storm water drainage runoff and storm water passage or flowage so that the landfill or excavation cannot become a source of, or an aggravation to, storm water drainage conditions in the area. The City Engineer eer shall inspect the project following completion to determine if the applicant has complied with the conditions required thereof. (49) Failure of such compliance shall result in the withholding of any building permits for the site and notice of such withholding shall be filed in the office of the Hennepin County Recorder for the purposes of putting subsequent purchasers on notice. SECTION 18. Amendment. Section 21450.03, Subd. 10 of the Plymouth City Code (O, OFFICE DISTRICT—PERMITTED USES) is amended as follows: Subd. 10. Residential care facilities such as nursing homes, assisted living facilities and similar facilities (excludes hospitals, sanitaritffns or similar institutions). SECTION 19. Amendment. Section 21455.11, Subd. 8 of the Plymouth City Code (C-1, CONVENIENCE COMMERCIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd. 8. Temporary eutdeef-events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides., and outdoor displays of materials . (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (Amended by Ord. No. 2007-05, 01/23/07) (b) Carnivals. (1) The applicant must submit an sawamusement 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. (50) (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, sales of fireworks, 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 exceed 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (Amended by Ord. No. 2005-01, 01/11/05) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2006-04, 02/07/06) (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. (51) 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 applying to all temporary events and outdoor sales. (1) The event or sale shall be elee lyLaccessory 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 used, 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 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (Amended by Ord. No. 2007-05, 01/23/07) (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (52) (6) All activity related to the temper-ar-y eutdeerevent 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. (7) Not more than one (1) temper-afy-eutdeer-such event or sale shall be allowed per property at any given time. (Amended by Ord. No. 99-20, 07120199) (Amended by Ord. No. 2006-04, 02107/06) SECTION 20. Amendment. Section 21460.03, Subd. 8 of the Plymouth City Code (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows: 21460.03. PERMITTED USES: The following are permitted uses in the C-2 District: Subd. 1. Amusement centers. Subd. 2. Art gallery and sales. Subd. 3. Bakery goods and baking of goods for retail sales on the premises. Subd. 4. Banks, credit unions, and other financial institutions, (excluding currency exchanges) with or without drive up tellers. (Drive up teller service is regulated by Section 21120.09 of this Chapter.) Subd. 5. Beauty salons and day spas. Subd. 6. Bicycle sales and repair. Subd. 7. Book, school supply and art, or stationary stores containing less than five thousand (5,000) square feet of gross floor area. Subd. 8. Bus/transit stations or terminals without vehicle storage. Subd. 9. Camera and photographic supplies, sales and film processing. Subd. 10. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. Subd. 11. Convenience grocery markets (without motor fuel facilities or delicatessen food service). Subd. 12. Copy/printing services (excludes printing presses and publishing facilities). Subd. 13. Delicatessens/coffee houses without drive-through service. Subd. 14. Dry cleaning pick up and laundry pick up stations including incidental repair but not including processing. Subd. 15. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 16. Florist shops. Subd. 17. Furniture stores containing less than five thousand (5,000) square feet of gross floor area. Subd. 18. Gift or novelty stores. (53) Subd. 19. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 20. Hardware stores. Subd. 21. Hobby and craft stores. Subd. 22. Liquor, off sale, pursuant to the required liquor license. Subd. 23. Locksmiths. Subd. 24. Meat markets, but not including processing for a locker plant. Subd. 25. Offices, administrative/commercial. Subd. 26. Offices/clinics for medical, dental, or chiropractic services. Subd. 27. Paint and wallpaper sales. Subd. 28. Pharmacies without drive through service (note that businesses with drive through service are regulated by Section 21460.07, Subd. 4 of this Chapter). Subd. 29. Phone and electronic stores containing less than"five thousand (5,000) square feet of gross floor area. Subd. 30. Plumbing, television, radio, electrical sales, and related accessory repair. Subd. 31. Prepared food: delivery and/or take out only, no interior seating. Subd. 32. Recreation, personal fitness (defined as containing less than 3,000 square feet of floor area). Subd. 33. Retail operations, excluding_ pawnshops, that are not otherwise addressed in this section – provided they contain less than three thousand (3,000) square feet of gross floor area. Subd. 334. Sexually oriented businesses – accessory (as regulated by Section 21195 of this Chapter). Subd. 345. Shoe repair. Subd. 3-56. Sporting goods and recreational equipment sales, not including motorized vehicles or boats. Subd. 367. Studios - artist, dance, decorating, karate, music, portrait photography, and similar uses. Subd. 378. Tailoring services. Subd. 389. Tanning salons. Subd. 3940. Therapeutic massage. Subd. 401. Tobacco shops. Subd. 442. Variety stores and stores of similar nature. Subd. 433. Veterinary clinics and related indoor kennel; and pet sales, supplies and grooming. Subd. 434. Video rental and sales. SECTION 21. Amendment. Section 21460.11, Subd. 8 of the Plymouth City Code (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd. 8. Temporary outdoor- events and outdoor sales subject to the following criteria: (54) (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides= and outdoor displays of materials . (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an Eaa:tival amusement 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, sales of fireworks, 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 exceed 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. (55) 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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 applying to all temporary events and outdoor sales. (1) The event or sale shall be elearyaccessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, 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 (56) event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the mer-aFy eetdeerevent 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. (7) Not more than one (1) tempefafy outdoor -such event or sale shall be allowed per property at any given time. SECTION 22. Amendment. Section 21465.03 of the Plymouth City Code (C-3, HIGHWAY COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows: 21465.03. PERMITTED USES: The following are permitted uses in the C-3 District: Subd. 1. Amusement centers. Subd. 2. Auto accessory stores (not including service). Subd. 3. Banks, credit unions, and other financial institutions (excluding currency exchanges) with or without drive up tellers. (Drive up teller service is regulated by Section 21120.09 of this Chapter.) Subd. 4. Beauty salons and day spas. Subd. 5. Bus/transit stations or terminals without vehicle storage. Subd. 6. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. Subd. 7. Commercial recreation, indoor (e.g., bowling alleys, roller rinks). Subd. 8. Convenience grocery markets (without motor fuel facilities or delicatessen food service). Subd. 9. Copy/printing services (excludes printing presses and publishing facilities). (57) Subd. 10. Delicatessens/coffee houses without drive-through service. Subd. 11. Dry cleaning pick up and laundry pick up stations including incidental repair but not including processing. Subd. 12. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 13. Furniture stores containing less than five thousand (5,000) square feet of gross floor area. Subd. 14. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 15. Hotels and motels. Subd. 16. Liquor, off sale, pursuant to the required liquor license. Subd. 17. Locksmiths. Subd. 18. Offices, administrative/commercial. Subd. 19. Offices/clinics for medical, dental, or chiropractic services. Subd. 20. Prepared food: delivery and/or take out only, no interior seating. Subd. 21. Private clubs (may serve food and beverages). Subd. 22. Reception halls/event centers, with or without catering services. Subd. 23. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. 24. Restaurants not of the drive-in, convenience or drive-through type. Subd. 25. Retail operations, excluding pawnshops, that are not otherwise addressed in this section – provided they contain less than three thousand (3,000) square feet of gross floor area. Subd. 256. Sexually oriented businesses – accessory or principal (as regulated by Section 21195 of this Chapter). Subd. 267. Shoe repair. Subd. 278. Sporting goods and recreational equipment sales, not including motorized vehicles or boats. Subd. 289. Sports and fitness clubs. Subd. 2930. Tailoring services. Subd. 301. Tanning salons. Subd. 342. Therapeutic massage. Subd. 3-23. Veterinary clinics and related indoor kennel; and pet sales, supplies and grooming. SECTION 23. Amendment. Section 21465.11, Subd. 9 of the Plymouth City Code (C-3, HIGHWAY COMMERCIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd. 9. Temporary eutdoerevents and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (58) (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides= and outdoor displays of materials that e t .pi ally not sola o ^ea on the sit (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an Baal- amusement 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, sales of fireworks, 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 exceed 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. (59) 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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 applying to all temporary events and outdoor sales. (1) The event or sale shall be elear4y accessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, 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 (60) Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the temper-ai=y 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. (7) Not more than one (1) tempefar-y-eutdeefsuch event or sale shall be allowed per property at any given time. SECTION 24. Amendment. Section 21470.03 of the Plymouth City Code (C-4, COMMUNITY COMMERCIAL DISTRICT—PERMITTED USES) is amended as follows: 21470.03. PERMITTED USES: The following are permitted uses in the C-4 District: Subd. 1. Amusement centers. Subd. 2. Antique shops, including incidental restoration. Subd. 3. Appliance and electronic stores including incidental repair and assembly but not fabricating or manufacturing. Subd. 4. Art gallery and sales. Subd. 5. Auto accessory stores (not including service). Subd. 6. Bakery goods and baking of goods for retail sales on the premises. Subd. 7. Banks, credit unions, and other financial institutions (excluding currency exchanges) with or without drive up tellers. (Drive up teller service is regulated by Section 21120.09 of this Chapter.) Subd. 8. Beauty salons and day spas. Subd. 9. Bicycle sales and repair. Subd. 10. Body art establishments. (61) Subd. 11. Book, office supply and equipment, school supply and art, or stationary stores. Subd. 12. Building supply sales within the principal structure. Subd. 13. Bus/transit stations or terminals without vehicle storage. Subd. 14. Camera and photographic supplies, sales, and film processing. Subd. 15. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. Subd. 16. Carpet, rugs and tile retail sales. Subd. 17. Clothes, sales and/or rental. Subd. 18. Commercial recreation, indoor (e.g., bowling alleys, roller rinks). Subd. 19. Copy/printing services (excludes printing presses and publishing facilities). Subd. 20. Delicatessens/coffee houses without drive-through service. Subd. 21. Department, discount, and warehouse stores. Subd. 22. Dry cleaning pick up and laundry pick up stations including incidental repair but not including processing. Subd. 23. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 24. Fabric and notions sales and store. Subd. 25. Florist shops. Subd. 26. Furniture stores. Subd. 27. Garden supply stores. Subd. 28. Gift or novelty stores. Subd. 29. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 30. Grocery, convenience markets (without motor fuel sales). Subd. 31. Grocery, supermarkets. Subd. 32. Grocery, superstores. Subd. 33. Hardware stores. Subd. 34. Hobby and craft stores. Subd. 35. Hotels and motels. Subd. 36. Jewelry stores. Subd. 37. Leather goods and luggage stores. Subd. 38. Liquor, off sale, pursuant to the required liquor license. Subd. 39. Locksmiths. Subd. 40. Meat markets, but not including processing for a locker plant. Subd. 41. Music (e.g., instruments, equipment, compact discs) shops and sales. Subd. 42. Offices, administrative/commercial. Subd. 43. Offices/clinics for medical, dental, or chiropractic services. Subd. 44. Paint and wallpaper sales. Subd. 45. Pharmacies with or without drive through service. (Drive through service is regulated by Section 21120.09 of this Chapter.) Subd. 46. Plumbing, television, radio, electrical sales and related accessory repair. Subd. 47. Prepared food: delivery and/or take out only, no interior seating. Subd. 498. Private clubs (may serve food and beverages). (62) Subd. 49. Reception halls/event centers, with or without catering services. Subd. 50. Recreation, personal fitness (defined as containing less than 3,000 square feet of floor area). Subd. 51. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. 52. Restaurants not of the drive-in, convenience or drive-through type. Subd. 53. Retail operations not otherwise addressed in this section – provided they contain less than three thousand (3,000) square feet of gross floor area. Subd. 534. Sewing machine sales and service. Subd. 545. Sexually oriented businesses – accessory or principle (as regulated by Section 21195 of this Chapter). Subd. 556. Shoe repair. Subd. 567. Sporting goods and recreational equipment sales, not including motorized vehicles or boats. Subd. 578. Sports and fitness clubs. Subd. 589. Studios – artist, dance, decorating, karate, music, portrait photography, and similar uses. Subd. 5960. Tailoring services. Subd. 601. Tanning salons. Subd. 642. Theaters (indoor only). Subd. 633. Therapeutic massage. Subd. 634. Tobacco shops. Subd. 645. Toy Stores. Subd. 656. Tutoring/learning centers. Subd. 667. Variety stores and stores of similar nature. Subd. 678. Veterinary clinics and related indoor kennel; and pet sales, supplies and grooming. Subd. 689. Video rental and sales. SECTION 25. Amendment. Section 21470.11, Subd. 9 of the Plymouth City Code (C-4, COMMUNITY COMMERCIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd. 9. Temporary eiAdeer- events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides., and outdoor displays of materials that are t-ypie ly net seld er- serAeed an the sit (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. (63) (3) There shall be no more than two (2) special events per calendar year per property. However, each tenant in a multi -tenant building shall be permitted one (1) special event per year. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an eaFnival amusement 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, sales of fireworks, 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 exceed 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (64) (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 applying to all temporary events and outdoor sales. (1) The event or sale shall be elear4 accessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, 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 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (65) (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the tempefar-y 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. (7) Not more than one (1) tempefaFy-eitdeeFsuch event or sale shall be allowed per property at any given time. SECTION 26. Amendment. Section 21475.05, Subd. 2 of the Plymouth City Code (CC, CITY CENTER DISTRICT—PERMITTED USES) is amended as follows: Subd. 2. CC -R & E. (a) Amusement centers. (b) Antique shops, including incidental restoration. (c) Appliance and electronic stores including incidental repair and assembly but not fabricating or manufacturing. (d) Art gallery and sales. (e) Bakery goods and baking of goods for retail sales on the premises. M Banks, credit unions and other financial institutions (excluding currency exchanges) with or without drive up tellers. (Drive up teller service is regulated by Section 21120.09 of this Chapter.) (g) Beauty salons and day spas. (h) Bicycle sales and repair. (i) Book, office supply and equipment, school supply and art, or stationary stores. 0) Bus/transit stations or terminals without vehicle storage. (k) Camera and photographic supplies, sales, and film processing. (1) Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. (m) Clothes, sales and/or rental. (n) Copy/printing services (excludes printing presses and publishing facilities). (o) Delicatessens/coffee houses without drive-through service. (p) Dry cleaning pick up and laundry pick up stations including incidental repair but not including processing. (66) (q) Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. (r) Fabric and notions sales and store. (s) Florist shops. (t) Furniture stores containing less than five thousand (5,000) square feet of gross floor area. (u) Gift or novelty stores. (v) Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. (w) Grocery, supermarkets. (x) Grocery, superstores. (y) Hardware stores. (z) Hobby and craft stores. (aa) Jewelry stores. (bb) Leather goods and luggage stores. (cc) Liquor, off sale, pursuant to the required liquor license. (dd) Locksmiths. (ee) Music (e.g., instruments, equipment, compact discs) shops and sales. (ff) Offices, administrative/commercial. (gg) Offices/clinics for medical, dental, or chiropractic services. (hh) Paint and wallpaper sales. (ii) Pharmacies without drive-through service. 6j) Plumbing, television, radio, electrical sales and related accessory repair. (kk) Restaurants and cafes (not of the drive-in or drive-through type). (11) Retail operations, excluding pawnshops, that are not otherwise addressed in this section — provided they contain less than three thousand (3,000) square feet of gross floor area. (11mm) Sewing machine sales and service. (inn) Sexually oriented businesses — accessory (as regulated by Section 21195 of this Chapter). (moo) Shoe repair. (eepR) Sporting goods and recreational equipment sales, excluding motorized vehicles. (ppgg) Studios - artist, dance, decorating, karate, music, portrait photography, and similar uses. (ggrr) Tailoring services. (mss) Tanning salons. (sett) Theaters (indoor only). (tuu) Toy stores. (mow) Veterinary clinics and related indoor kennel; and pet sales, supplies and grooming. (www) Video rental and sales. (67) SECTION 27. Amendment. Section 21475.13, Subd. 8 of the Plymouth City Code (CC, CITY CENTER DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd.8. Temporary eu4deer-events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides= and outdoor displays of material . (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an ee.-nival-amusement 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, sales of fireworks, 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. (68) a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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 appl ijng to all temporary events and outdoor sales. (1) The event or sale shall be elear4y accessory to or promoting the permitted or conditional use approved for the site. (69) (2) Tents, stands, and other similar temporary structures may be used, 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 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the temp 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. (7) Not more than one (1) tempefaFy eutdoer- such event or sale shall be allowed per property at any given time. SECTION 28. Amendment. Section 21550.11, Subd. 9 of the Plymouth City Code (C-5, COMMERCIAL/INDUSTRIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd.9. Temporary outdoor -events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (70) (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides' and outdoor displays of materials that afe Ojpi ally net sel o eed „ the Sitle.. (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an ewnivW amusement 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, sales of fireworks, 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 exceed 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. (71) 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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 applying to all temporary events and outdoor sales. (1) The event or sale shall be elearyaccessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, 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 (72) Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the tempefary 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. (7) Not more than one (1) temper-ai=y eu4deersuch event or sale shall be allowed per property at any given time. SECTION 29. Amendment. Section 21555.03, Subd. 10 of the Plymouth City Code (B -C, BUSINESS CAMPUS DISTRICT—PERMITTED USES) is amended as follows: Subd. 10. Reception halls/event centers, with or without catering services. SECTION 30. Amendment. Section 21555.11, Subd. 7 of the Plymouth City Code (B -C, BUSINESS CAMPUS DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd. 7. Temporary eetdeefevents and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides3 and outdoor displays of materials . (73) (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an eamiva4-amusement 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, sales of fireworks, 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 exceed 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. (74) d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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 applying to all temporary events and outdoor sales. (1) The event or sale shall be eleaf4y accessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, 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 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the tempefa-r-y eu4deerevent 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. (7) Not more than one (1) tam..efar-y outdoor- such event or sale shall be allowed per property at any given time. SECTION 31. Amendment. Section 21560.03 of the Plymouth City Code (I-1, LIGHT INDUSTRIAL DISTRICT—PERMITTED USES) is amended as follows: 21560.03. PERMITTED USES: The following are permitted uses within the I-1 District: Subd. 1. Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious byproducts or wastes, or creates no other objectionable impact on the environment. Examples of such uses include fabrication or assembly of small products such as optical, electronic, pharmaceutical, medical supplies and equipment. Subd. 2. Accessory retail. accessory rental, or accessory service activities that are completely enclosed within a principal structure, limited to 10 percent of the gross floor area of its associated principal use, to a maximum of 5,000 square feet. Subd. 33. Automobile detailing shops. Subd. 34. Automobile repair—major. Subd. 45. Automobile repair—minor. Subd. 86. Contractor operations. Subd. 67. Dry cleaning processing plant and accessory pressing and repairing. Subd. -78. Essential services and structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 89. Governmental and public utility (essential service) buildings and structures, including public works type facilities. Subd. 910. Laboratories. (76) Subd. 101. Machine shops. Subd. 142. Mini -storage facilities. Subd. 133. Offices related to other allowed uses., (limited to fifty (50) percent of the principal structure). Subd. 134. Parks, trails, playgrounds and directly related buildings and structures, City of Plymouth only. Subd. 145. Printing presses and publishing facilities. Subd. 1-56. Radio and television stations. Subd. 167. Sexually oriented businesses - accessory or principal (as regulated by Section 21195 of this Chapter). Subd. 178. Stone and tile showrooms. Subd. 189. Studios - artist and commercial/portrait photography. Subd. 4.920. Therapeutic massage, if there are medical, dental or chiropractic offices or clinics as legal non -conforming uses on the premises. Subd. 281. Trade schools. Subd. 242. Vending companies. Subd. 2-23. Warehousing and indoor storage excluding explosives and hazardous waste. Subd. 234. Wholesale showrooms. SECTION 32. Amendment. Section 21560.07, Subd. 1 of the Plymouth City Code (I-1, LIGHT INDUSTRIAL DISTRICT—CONDITIONAL USES) is amended as follows: Subd. 1. Accessory retail, accessory rental, or accessory service aeti-My-activities in excess of 10 percent of the gross floor area of its associated principal use (other than tia -those uses otherwise allowed as a permitted use or conditional use within this Section), provided that: (a) Such accessory use is allowed as a permitted use in a business district. (b) Such accessory use does not occupy more than twenty-five (25) percent of the gross floor area of its associated principal use, or more than five thousand (5,000) square feet, whichever is less. (c) Such accessory use is completely enclosed within a principal structure. SECTION 33. Amendment. Section 21560.07 of the Plymouth City Code (I-1, LIGHT INDUSTRIAL DISTRICT --CONDITIONAL USES) is amended by adding Subdivision 16 as follows: Subd. 16. Other uses similar to those allowed in this section, as determined by the ObL (77) SECTION 34. Amendment. Section 21560.11, Subd. 8 of the Plymouth City Code (I-1, LIGHT INDUSTRIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd.8. Temporary eutdoerevents and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor displays of materials that are t"ie lly net sola or- sefvieed en the sit (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an eamival amusement 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, sales of fireworks, 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. (78) a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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 appl �iinng to all temporary events and outdoor sales. (1) The event or sale shall be eleariy accessory to or promoting the permitted or conditional use approved for the site. (79) (2) Tents, stands, and other similar temporary structures may be used, 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 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the Serevent 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. (7) Not more than one (1) tempefar-y-eutdeersuch event or sale shall be allowed per property at any given time. SECTION 35. Amendment. Section 21565.03 of the Plymouth City Code (I-2, GENERAL INDUSTRIAL DISTRICT—PERMITTED USES) is amended as follows: 21565.03. PERMITTED USES: The following are permitted uses within the I-2 District: Subd. 1. Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious byproducts or wastes, or creates no other objectionable impact on the environment. Examples of such uses include fabrication or assembly of small products such as optical, electronic, pharmaceutical, medical supplies and equipment. (80) Subd. 2. Accessory retail, accessory rental, or accessory service activities that are completely enclosed within a principal structure, limited to 10 percent of the gross floor area of its associated principal use, to a maximum of 5,000 square feet. Subd. 33. Automobile detailing shops. Subd. 34. Automobile repair—major. Subd. 45. Automobile repair—minor. Subd. -56. Bakeries, wholesale. Subd. 67. Contractor operations. Subd. -78. Distribution centers. Subd. 89. Dry cleaning processing plant and accessory pressing and repairing. Subd. 910. Essential services and structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 101. Food processing. Subd. 1-12. Governmental and public utility (essential service) buildings and structures, including public works type facilities. Subd. 133. Laboratories. Subd. 134. Machine shops. Subd. 145. Mini -storage facilities. Subd. 166. Offices related to other allowed uses., (limited to fifty (50) percent of the principal structure). Subd. 167. Parks, trails, playgrounds and directly related buildings and structures, City of Plymouth only. Subd. 178. Printing presses and publishing facilities. Subd. 189. Radio and television stations. Subd. 4920. Sexually oriented businesses – accessory or principal (as regulated by Section 21195 of this Chapter). Subd. 291. Stone and tile showrooms. Subd. 2-12. Studios – artist and commercial/portrait photography. Subd. 233. Therapeutic massage, if there are medical, dental or chiropractic offices or clinics as legal non -conforming uses on the premises. Subd. 234. Trade schools. Subd. 245. Truck terminals. Subd. 2-56. Vending companies. Subd. 267. Warehousing and indoor storage excluding explosives and hazardous waste. Subd. 278. Wholesale showrooms. SECTION 36. Amendment. Section 21565.07, Subd. 1 of the Plymouth City Code (I-2, GENERAL INDUSTRIAL DISTRICT—CONDITIONAL USES) is amended as follows: Subd. 1. Accessory retail, accessory rental, or accessory service aetiNi�y-activities in excess of 10 percent of the gross floor area of its associated principal use (other than drat -those uses otherwise allowed as a permitted use or conditional use within this Section), provided that: (81) (a) Such accessory use is allowed as a permitted use in a business district. (b) Such accessory use does not occupy more than twenty-five (25) percent of the gross floor area of its associated principal use, or more than five thousand (5,000) square feet, whichever is less. (c) Such accessory use is completely enclosed within a principal structure. SECTION 37. Amendment. Section 21565.07 of the Plymouth City Code (I-2, GENERAL INDUSTRIAL DISTRICT—CONDITIONAL USES) is amended by adding Subdivision 18 as follows: Subd.18. Other uses similar to those allowed in this section, as determined by the City. SECTION 38. Amendment. Section 21565.11, Subd. 8 of the Plymouth City Code (I-2, GENERAL INDUSTRIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd.8. Temporary outdoor- events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides., and outdoor displays of materials that are typie lly not sel er- senieed en the site. (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an eafaival amusement 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. (82) (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, sales of fireworks, 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 exceed 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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. (83) 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 applying to all temporary events and outdoor sales. (1) The event or sale shall be elear4yaccessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, 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 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the tempemf eetdserevent or sale must take place within the time permitted in the administrative permit. No buildings, equipment (84) 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. (7) Not more than one (1) tempefar-y eutdeer such event or sale shall be allowed per property at any given time. SECTION 39. Amendment. Section 21570.05 of the Plymouth City Code (I-3, HEAVY INDUSTRIAL DISTRICT—PERMITEED USES) is amended as follows: 21570.05. PERMITTED USES: The following are permitted uses in the I-3 District: Subd. 1. Manufacturing or assembly of a wide variety of products that produces no exterior noise, glare, fumes, obnoxious byproducts or wastes, or creates no other objectionable impact on the environment. Examples of such uses include fabrication or assembly of small products such as optical, electronic, pharmaceutical, medical supplies and equipment. Subd. 2. Accessory retail, accessory rental, or accessory service activities that are completely enclosed within a principal structure, limited to 10 percent of the gross floor area of its associated principal use, to a maximum of 5,000 square feet. Subd. 33. Automobile detailing shops. Subd. 34. Automobile repair—major. Subd. 45. Automobile repair—minor. Subd. 66. Bakeries, wholesale. Subd. 67. Contractor operations. Subd. -78. Distribution centers. Subd. 89. Dry cleaning processing plant and accessory pressing and repairing. Subd. 910. Essential services and structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 101. Food processing. Subd. 142. Governmental and public utility (essential service) buildings and structures, including public works type facilities. Subd. 133. Heavy industry. Subd. 134. Laboratories. Subd. 145. Machine shops. Subd. 1-56. Mini -storage facilities. Subd. 167. Offices related to other allowed uses= (limited to fifty (50) percent of the principal structure). Subd. 1-78. Parks, trails, playgrounds and directly related buildings and structures, City of Plymouth only. Subd. 189. Printing presses and publishing facilities. Subd. 4920. Radio and television stations. (85) Subd. 201. Sexually oriented businesses – accessory or principal (as regulated by Section 21195 of this Chapter). Subd. 2-12. Studios – artist and commercial/portrait photography. Subd. 233. Therapeutic massage, if there are medical, dental or chiropractic offices or clinics as legal non -conforming uses on the premises. Subd. 234. Trade schools. Subd. 245. Truck terminals. Subd. 2-56. Vending companies. Subd. 267. Warehousing and indoor storage excluding explosives and hazardous waste. Subd. 278. Wholesale showrooms. SECTION 40. Amendment. Section 21570.09, Subd. 1 of the Plymouth City Code (I-3, HEAVY INDUSTRIAL DISTRICT—CONDITIONAL USES) is amended as follows: Subd. 1. Accessory retail, accessory rental, or accessory service may -activities in excess of 10 percent of the gross floor area of its associated principal use (other than that --those uses otherwise allowed as a permitted use or conditional use within this Section), provided that: (a) Such accessory use is allowed as a permitted use in a business district. (b) Such accessory use does not occupy more than twenty-five (25) percent of the gross floor area of its associated principal use, or more than five thousand (5,000) square feet, whichever is less. (c) Such accessory use is completely enclosed within a principal structure. SECTION 41. Amendment. Section 21570.09 of the Plymouth City Code (I-3, HEAVY INDUSTRIAL DISTRICT—CONDITIONAL USES) is amended by adding Subdivision 18 as follows: Subd. 18. Other uses similar to those allowed in this section, as determined by the City SECTION 42. Amendment. Section 21570.13, Subd. 8 of the Plymouth City Code (I-3, HEAVY INDUSTRIAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd. 8. Temporary eutleerevents and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (86) (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor displays of materials thM are typie lly not seld or- servieed on the sit (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an eafaival amusement 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, sales of fireworks, 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 exceed 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. (87) 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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 applying to all temporary events and outdoor sales. (1) The event or sale shall be elear4y-accessory to or promoting the permitted or conditional use approved for the site. (2) Tents, stands, and other similar temporary structures may be used, 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 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the teffipefar-y-outdeerevent 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. (7) Not more than. one (1) temper-afy`-eutdeer such event or sale shall be allowed per property at any given time. SECTION 43. Amendment. Section 21650.03, Subd. 10 of the Plymouth City Code (PI, PUBLIC/INSTITUTIONAL DISTRICT—PERMITTED USES) is amended as follows: Subd. 10. Residential care facilities such as nursing homes, assisted living facilities and similar facilities (excludes hospitals or similar institutions). SECTION 44. Amendment. Section 21650.07, Subd. 13 of the Plymouth City Code (PI, PUBLIC/INSTITUTIONAL DISTRICT—CONDITIONAL USES) is amended as follows: Subd. 13. Hospitals, or similar institutions, provided that: (b) All all state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. (89) SECTION 45. Amendment. Section 21650.11, Subd. 9 of the Plymouth City Code (PI, PUBLIC/INSTITUTIONAL DISTRICT—USES BY ADMINISTRATIVE PERMIT) is amended as follows: Subd.9. Temporary outdoor- events and outdoor sales subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides1 and outdoor displays of materials . (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. Multi -tenant buildings with less than five (5) lease - spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an eamival amusement 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, sales of fireworks, 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. (90) a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 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. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (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 apnlying to all temporary events and outdoor sales. (1) The event or sale shall be E1ear4yLaccessory to or promoting the permitted or conditional use approved for the site. (91) (2) Tents, stands, and other similar temporary structures may be used, 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 Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi - tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense. (4) Signage related to the event or sale 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. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the temperary eetdeerevent 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. (7) Not more than one (1) toff,..,....,,... ,,utdoe f such event or sale shall be allowed per property at any given time. SECTION 46. Amendment. Section 21665.04, Subd. 2 (e) (10) of the Plymouth City Code (SHORELAND MANAGEMENT OVERLAY DISTRICT—GENERAL DENSITY AND DESIGN STANDARDS) is amended as follows: (10) Commercial, industrial, public, and semi-public uses that have water - oriented needs, as determined and approved by the City, are ,.,.. difi ,na „ses i theSher-eland Management OveFlay Distfiet, and ar-e–may be authorized by conditional use permit subject to the conditional use requirements and procedures outlined in Section 21665.05 of this Chapter and to the following: (92) a. Short-term water craft mooring shall be centralized, designed to avoid obstructions of navigation, and no larger than necessary to meet the demonstrated need; b. Only signs conveying non-commercial or safety-related information and placed by City or other public authorities shall be located in or upon public waters. C. Only signs conveying non-commercial or safety-related information shall be located within the shore impact zone, and signs shall be subject to the requirements of this Chapter, provided the maximum height shall be ten feet and the maximum area shall be thirty-two (32) square feet. d. All artificial lighting shall be shielded or directed to avoid illumination of public waters, except safety hazards; provided that navigation lights may be installed for safety purposes. SECTION 47. Amendment. Section 21665.04, Subd. 4 (a) of the Plymouth City Code (SHORELAND MANAGEMENT OVERLAY DISTRICT—GENERAL DENSITY AND DESIGN STANDARDS) is amended as follows: (a) Maximum Impervious Surface Area. The total area of all impervious surfaces on at --a lot shall not exceed twenty-five (25) percent of the total lot area lying above the ordinary high water level:, except as may be authorized by conditional use permit for "unit lots" within townhome developments constructed prior to January 1, 2000, subject to the following conditions: (1) Compliance with procedures and requirements outlined in Section 21015 of this Chapter. (2) A copy of all notices of any public hearing scheduled to consider such request shall be sent to the Commissioner of the Department of Natural Resources and post marked at least ten (10) dasprior to the hearing, (3) A copy of the final decision on such request shall be sent to the Commissioner of the Department of Natural Resources and post marked within ten (10) days of the final action. (Amended by Ord. No. 2004-02, 01/13/04) (93) SECTION 48. Amendment. Section 21665.05 of the Plymouth City Code (SHORELAND MANAGEMENT OVERLAY DISTRICT—CONDITIONAL USE REQUIREMENTS AND PROCUDURES) is amended as follows: 21665.05. CONDITIONAL USE REQUIREMENTS AND PROCEDURES: The following are requirements and procedures to be administered and enforced with the for Econditional Buses pie i . allowable pursuant to Section 21665.04, Subd. 2 (e) (10) of this Chapter,;;- se -------ed by "s Chapter- for pr-epeFty in the Sher-eletfid Management Over4 Wit. These requirements may supersede certain provisions. Where specific requirements and procedures are not given in this paragraph, the Cconditional Huse provisions set forth in Section 21015 of this Chapter shall apply. Subd. 1. Application for a conditional use permit shall include appropriate narrative and technical data to enable the City to thoroughly evaluate the waterbody, topographic, vegetation, and soil conditions of the site of the proposed use to ensure: (a) The prevention of soil erosion and other pollution of public waters during and after development; (b) The view of structures and other facilities from public waters is limited; (c) Both potable water and appropriate sanitary sewage disposal are available for the site; (d) The types, uses, and numbers of water craft that the use will involve, if any, can be safely accommodated on the public water. Subd. 2. The Planning Commission may recommend and the City Council may adopt conditions such as, but not limited to, the following to ensure the purposes of this section are met: (a) Increased setbacks from the Ordinary High Water Level; (b) Limitations on the natural vegetation that may be removed and/or requirements for additional vegetation; (c) Special requirements for the location, design, and use of structures, sewage treatment, water craft launching and docking, and vehicle parking. Subd. 3. A copy of all notices of any public hearing scheduled to consider requests for conditional use permits for uses governed by this section shall be sent to the Commissioner of the Department of Natural Resources and postmarked at least ten (10) days prior to the scheduled hearing. (94) Subd. 4. A copy of the final decision granting a conditional use permit for a use governed by this section shall be sent to the Commissioner of the Department of Natural Resources and postmarked within ten (10) days of the final action. SECTION 49. Amendment. Section 21670.01, Subd. 7 of the Plymouth City Code (WETLANDS DISTRICT—FINDINGS, INTENT AND INCORPORATION BY REFERENCE) is amended as follows: Subd. 7. It is the intent of this Chapter to avoid the alteration and destruction of wetlands. When wetlands are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland, in accordance with the wetland replacement plan requirements outlined in subsection 21670.11 of this Chapter. SECTION 50. Amendment. Section 21670.03, Subd. 1 (b) of the Plymouth City Code (WETLANDS DISTRICT—IDENTIFICATION AND DELINEATION OF WETLANDS) is amended as follows: (b) A wetland is land that meets the definition of "wetlands" as set forth in Section 21005 of this Chapter. Wetlands shall be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987) and regional supplements if available. Wetlands have been or will be identified and the wetland classification as established by the officially adopted City maps shall be prima facie evidence of the location and classification of a wetland. The official maps shall be developed and maintained by the Community Development Department and are open to inspection by the public. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a wetland covered by this section is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of the this section. It will be the responsibility of an applicant to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed and approved by the City. Submission of a wetland delineation report shall be accompanied by a fee as set forth in the City Code. If an applicant questions whether a wetland exists or disputes its classification, the applicant shall have the burden to supply detailed information for review supporting the applicant's assertion, including but not limited to, topographic, hydrologic, floristic and soil data deemed necessary by the City to determine the jurisdictional status of the wetland, its exact boundary and its classification. Submission of a request for a reclassification of the wetland quality shall be accompanied by a fee as set forth in the City Code. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland delineators must satisfy any certification requirements that may be established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources. (Amended by Ord. No. 2010-01, 02123/10) (95) SECTION 51. Amendment. Section 21670.05, Subd. 1 of the Plymouth City Code (WETLANDS DISTRICT—WETLAND BUFFER STRIPS AND SETBACKS) is amended as follows: Subd. 1. For lots of record created after January 3, 1995, a buffer strip shall be provided and maintained abutting all wetlands. The sethaek— buffer provisions of this Chapsubsectionshall not apply to lots of record on -created on or before January 3, 1995. Nevertheless, Tthe City does h,.•,.o..o., strongly encourages the use of a -wetland buffers and sethaek on all lots, that contain or abut wetlands. SECTION 52. Amendment. Section 21670.05, Subd. 4 of the Plymouth City Code (WETLANDS DISTRICT—WETLAND BUFFER STRIPS AND SETBACKS) is amended as follows: Subd. 4. For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. Trails that are intended to serve an interpretive function may also be exempted from the buffer requirement. All other roadways and trails shall meet the buffer standards establishede -by this Section 21670.05 of 21670.06 below. (Amended by Ord. No. 2001-06, 02/13/01) (96) SECTION 53. Amendment. Section 21670.05, Subd. 8 of the Plymouth City Code (WETLANDS DISTRICT—WETLAND BUFFER STRIPS AND SETBACKS) is amended as follows: Subd.8. Pursuant to the regulations of this section, the following dimensional requirements shall apply for wetland buffers and setbacks, based on the quality of the wetland at the time of preliminM plat approval: Wetland Buffer and Setback for Existing Wetlands, Impacted Wetlands, and Mitigated Wetlands * Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width. ** These setbacks shall take precedence over other setbacks required in this Chapter. Example of Buffer and Setback Applied to a High Quality Wetland Lot Line 15' Rear Setback ■ High Quality Wetland ■A on Building Area 50' Buffer (Amended by Ord. No. 2010-01, 02/23110) (97) tUL Exceptional High Medium Low Wetland Buffer Width (Min.): 50' 40' 10' 10' Wetland Buffer Width (Max.):* 100' 60' 50' 50' Wetland Buffer Average Width: 75' 50' 30' 25' Structure Setback (from Buffer):** 15' 15' 15' 15' Total (Average): 90' 65' 45' 40' * Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width. ** These setbacks shall take precedence over other setbacks required in this Chapter. Example of Buffer and Setback Applied to a High Quality Wetland Lot Line 15' Rear Setback ■ High Quality Wetland ■A on Building Area 50' Buffer (Amended by Ord. No. 2010-01, 02/23110) (97) tUL SECTION 54. Amendment. Section 21670.11 of the Plymouth City Code (WETLANDS DISTRICT—WETLAND REPLACEMENT PLANS) is added as follows: 21670.11. WETLAND REPLACEMENT PLANS: Subd.1. Wetland replacement plan applications shall be submitted, reviewed, and considered in accordance with Minnesota Rules, Chapter 8420. Subd. 2. Requests for approval of a wetland replacement plan application shall be submitted to the City Engineering Division. Such requests shall be accompanied by a fee and a cash escrow as set forth in the City Code. Cost of city time and materials expended in reviewing and processing the wetland replacement plan shall be charged against the cash escrow and credited to the city. If, at any time, the balance in the cash escrow is depleted to less than 10% of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the city. Any balance remaining in the cash escrow account upon completion of the review process shall be returned to the applicant after all claims and charges thereto have been deducted. City public works projects are exempt from the fee/escrow requirement. SECTION 55. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED on February 22, 2011. ATTEST: AI�WA41W Sandra R. Engd City Clerk (98) Kelli Slavik, Mayor ft CITY OF PLYMOUTH RESOLUTION NO. 2011-065 APPROVING SUMMARY PUBLICATION OF ORDINANCE NO'S. 2011-05 AND 2011-06 CHAPTERS 1, 4, 5, 13, AND 21 OF THE PLYMOUTH CITY CODE Ordinance No's 2011-05 and 2011-06 amend Chapters 1, 4, 5, and 13 of The Plymouth City Code, and also amend Chapter 21 of The Plymouth City Code entitled The Plymouth Zoning Ordinance. This resolution pertains to the annual update to the zoning ordinance and city code adopted by the city council on February 22, 2011, and consists of both technical and substantive amendments. The ordinance contains amendments to the following articles: SECTION 105 — DEFINITION OF TERMS; INTERPRETATION• CONFLICTS SECTION 420 — FENCES SECTION 510 — PRELIMINARY PLAT SECTION 512 — FINAL PLAT PROCEDURE SECTION 516 — ADMINISTRATION —VARIANCES SECTION 522 — DEVELOPMENT CONTRACT SECTION 530 — TREE PRESERVATION SECTION 1305 — STREETS; TRAFFIC SECTION 21005 — RULES AND DEFINITIONS SECTION 21020 — ADMINISTRATION — INTERIM USES SECTION 21045 — SITE PLAN REVIEW SECTION 21105 — GENERAL BUILDING AND PERFORMANCE STANDARDS SECTION 21135 — OFF-STREET PARKING AND LOADING SECTION 21150 — DAY CARE FACILITIES SECTION 21155 — SIGN REGULATIONS SECTION 21175 — ANTENNAS SECTION 21185 — LAND FILLING AND LAND EXCAVATION/GRADING OPERATIONS SECTION 21450 — O, OFFICE DISTRICT SECTION 21455 — C-1 CONVENIENCE COMMERCIAL DISTRICT SECTION 21460 — C-2, NEIGHBORHOOD COMMERCIAL DISTRICT SECTION 21465 — C-3 HIGHWAY COMMERCIAL DISTRICT SECTION 21470 — C-4, COMMUNITY COMMERCIAL DISTRICT SECTION 21475 — CC CITY CENTER DISTRICT SECTION 21550 — C-5, COMMERCIAL/INDUSTRIAL DISTRICT SECTION 21555 — B -C, BUSINESS CAMPUS DISTRICT SECTION 21560 — I-1, LIGHT INDUSTRIAL DISTRICT SECTION 21565 —1-2, GENERAL INDUSTRIAL DISTRICT Summary Resolution No. 2011-065 Page 2 of 2 to SECTION 21570 —1-3. HEAVY INDUSTRIAL DISTRICT SECTION 21650 — PI, PUBLIC/INSTITUTIONAL DISTRICT SECTION 21665 — SHORELAND MANAGEMENT OVERLAY DISTRICT SECTION 21670 — WETLANDS DISTRICT ADOPTED on February 22, 2011.