HomeMy WebLinkAboutCity Council Ordinance 2011-22CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2011-22
AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE,
ENTITLED THE PLYMOUTH ZONING ORDINANCE (2011012)
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendment. Section 21000.08 of the Plymouth City Code (TITLE AND
APPLICATION—MONUMENTS) is amended as follows:
21000.08. MONUMENTS: For the purpose of this Chapter, all international, federal, state,
county and other official monuments, benchmarks, triangulation points, and stations shall be
preserved in their precise locations; and it shall be the responsibility of the applicant to in
ensure that these markers are maintained in good condition during and following construction
and development. All section, one-quarter section and one -sixteenth section corners shall be
duly described and tied.
SECTION 2. 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:
Big Box Store: A retail establishment having a gross floor area of 55,000 square feet or
greater that offers a variety of general merchandise or specially products. Typical characteristics
may include a free-standingrectangular-shaped building with high ceilings and standardized
facades that have no windows or few windows. Big box stores are intended to draw customers
on a community scale.
(1)
..•
(1)
Density: The number of dwelling units divided by the acreage of a site, excluding the
areas of wetlands; and required wetland buffers strias, areas below the 100 -year flood elevation,
areas below the ordinary high water level of lakes and streams, areas below the high water level
of ponds, and areas of rights-of-way for arterial roadways. For planned unit developments, the
acreage of a site shall also exclude conservation easement areas. (Amended by Ord. No. 2001-06,
02/13101) (Amended by Ord. No 2002-32, I1 /26102) (Amended by Ord. No. 2011-05, 02/22/11)
Department Store: A retail store carrying a general line of men's and women's apparel,
such as suits, coats and dresses, ander accessories; home furnishings, such as furniture,
floor coverings, curtains, and draperiesand-'iftees; and housewares, such as table and kitchen
appliances, dishes and utensils. These stores are generally arranged
in separate sections or departments. (Amended by Ord. No. 98-23, 07/08/98)
Grocery, Supermarket: A retail establishment having a gross floor area gr -eater th
containing at least seve., thousand five hundred (7,500) square feet af4-but less than five
tlausand(55,000) square feet, the primary function of which ^ff fs f r sale is to offer food
products; for sale. Grocery supermarkets commonly also offer household items and other goods
associated with the same.In many , Grocery supermarkets m_yinclude subordinate uses
such as pharmacies, delicatessens, and snack bars. Grocery S supermarkets are intended to draw
customers on a neighborhood or community scale, "u* „^* ro��'
Grocery, Superstore: A retail establishment having a gross floor area gFeate h
containing fes° five d,^„san (55,000) square feet or greater, the primary function of which
^f s for- sa4e is to offer food products, for sale. Grocery suaerstores commonly also offer
household items and other goods associated with the same. , and
May offer bulk purchasing opportunities -and. Grocery uperstores mgy nclude subordinate uses
such as aharmacies, delicatessens, and snack bars. FoodGrocery superstores are intended to
draw customers on a r-egie community scale.
Variety Store: An Eestablishments having a gross floor area containing_ less than
55,000 square feet, which is primarily engaged in retail sale of a variety ofeg neral merchandise,
icall in the low and popular price ranges. These stores do not generally carry a complete line
of merchandise, and ar-e-may or may not be departmentalized. Variety stores are intended to
draw customers on a neighborhood or community scale. (Amended by Ord. No. 98-23, 07108/98)
Wetland Related:
Wetland Buffer Strip: An area of vegetated ground cover abutting a wetland that,
either in its natural condition or through intervention, has the characteristics identified in Section
21670.08 of this Chapter.
(2)
SECTION 3. Amendment. Section 21030 of the Plymouth City Code (ADMINISTRATION
- VARIANCES) is amended as follows:
SECTION 21030 - ADMINISTRATION - VARIANCES
21030.01. PURPOSE: The purpose of this sSection is to provide for deviations from the
liter -a! pr-eNisiens of this Chapter- in instanees stT-iet eafer-eement would eause undue
gFant sueh variances only when it is demons&-ated that sueh aefiens will be in keeping wM
requirements of this Chapter, including restrictions placed on
non -conformities.
21030.02. BOARD OF ZONING ADJUSTMENTS AND APPEALS:
Subd. 1. Board Designation. The City Council shall act as the Board of Zoning
Adjustments and Appeals.
21030.03. REVIEW CRITERIA:
Subd. 1. The Board armor Zoning Administrator s"�'�4-*e4tea
variance application (major or minor, respectively) ,moss they find f ilufe to gFant the
will tlt in tmdue hafdship on the apliea t, and, a may be-applieab}ez onlyupon finding that
all of the following criteria, as applicable, have been met:
(a) The variance, and its resulting construction or project, would be in harmony with
theeg_neral purposes and intent of this Chapter, and would be consistent with the
comprehensive plan.
(b) The variance applicant has satisfactorily established that there are practical
difficulties in compl ijng with this Chapter. "Practical difficulties" means that:
(1) the applicant proposes to use the property in a reasonable manner not
permitted by this Chapter;
(2) the plight of the landowner is due to circumstances unique to the property
that were not created by the landowner, and
3) the variance, if granted, would not alter the essential character of the
locali .
(3)
Wil""i"NIN"NIN WIN
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(c) The variance request is not based exclusively
upon economic
considerations.
(ed) The variance, and its resulting construction
or project, would not be detrimental to the public welfare, nor would it be injurious to
other land or improvements in the neighborhood in .
(€e) tea+ the proposed N,aria o wig -The variance, and its resulting construction or
project, would not impair an adequate supply of light and air to adjacent-pfeper-ty
properties, nor would it substantially increase flw-traffic congestion of the-i^public
streets, or—increase the danger of fire, a endanger the public safety, or substantially
diminish or-iproperty values within the neighborhood.
(g_fj That the --stec�variance requested is the minimum action required to
eliminate address or alleviate thepractical difficulties.
21030.04. PROCEDURES: Pursuant to Minnesota Statutes 15.99, an application for a
variance shall be approved or denied within sixty (60) days from the date of its official and
complete submission unless extended pursuant to Statute or a time waiver is granted by the
applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the
sixty- (60) day time limit by a time period not to exceed sixty (60) additional days, provided
written notice of such extension is provided to the applicant before the end of the initial sixty -
(60) day period. Additional City requirements are as follows: (Amended by Ord. No. 2004-02,
01 /13/04) (Amended by Ord. No. 2008-09, 03/25/08)
Subd.1. Classifications.
(a) Minor Variance.
(1) Purpose. The purpose of this Section is to provide for an expeditious
method of processing variance requests which are defined as minor.
(4)
(2) Qualification.
a. Cases where hardship to existing buildings or platted property are
created as a result of public action or change in ordinance standards.
b. Structure or setback deviations which are characteristic of and
common to neighboring uses and which do not exceed a twenty-five (25)
percent departure from any standard of this Chapter as applied to a specific
piece of property.
C. A minor variance procedure shall not be applicable or include any
proposals involving signage, fencing, shoreland, wetland, or floodplain.
(b) Major Variances. All variances which are not classified as "minor" shall be
deemed "major" variances.
Subd.2. Processing.
(a) Minor Variances.
(1) Requests for a minor variance shall be filed with the Zoning Administrator
on an official application form. The applicant's signature shall be provided on the
application form. Additionally, if the applicant is not the fee owner of the
property, the fee owner's signature shall also be provided on the application form,
or the applicant shall provide separate written and signed authorization for the
application from the fee owner. Such application shall be accompanied by a fee
as set forth in the City Code. The application shall be considered as being
officially submitted and complete when the applicant has complied with all the
specified informational requirements, which shall include the following:
(Amended by Ord. No. 2004-02, 01/13/04)
a. A written description of the request for the minor variance,
including an explanation of compliance with the variance criteria set forth
in this Section.
b. Supporting materials, as outlined in Section 21045.07 of this
Chapter, as determined by the Zoning Administrator as applicable to be
necessary for the complete and clear definition and understanding of the
request.
(2) The Zoning Administrator shall have the authority to request additional
information from the applicant concerning operational factors or to retain expert
testimony with the consent and at the expense of the applicant concerning
operational factors, said information to be declared necessary to establish
performance conditions in relation to all pertinent sections of this Chapter.
(5)
(3) When appropriate, the Zoning Administrator shall instruct the appropriate
staff persons to prepare technical reports.
(4) The Board shall grant to the Zoning Administrator the right to approve the
minor variance upon determining that the criteria outlined in Section 21030.03,
Subd. 1 have been satisfactorily met. Additionally, the Board shall grant to the
Zoning Administrator the right to deny the minor variance upon determining that
the criteria outlined in Section 21030.03, Subd. 1 have not been met.
(5) Notice of such minor variance request shall be sent by the Zoning
Administrator to all adjoining property owners within two hundred (200) feet of
the boundary of the property in question.
(6) The notice shall specify that any written objections to the minor variance
be received by the Zoning Administrator within fourteen (14) days of the mailing.
If any written objection of a substantive nature is received within fourteen (14)
days and is unresolved between the person objecting and the Zoning
Administrator, the final approval of the requested minor variance, as well as any
minor variance which is denied by the Zoning Administrator, shall be referred to
the Board and processed according to the provisions of Section 21030.04, Subd. 2
(b) of this Chapter.
(Amended by Ord. No. 2010-21, 11/23/10)
(b) Major Variances.
(1) Requests for a major variance shall be filed with the Zoning Administrator
on an official application form. The applicant's signature shall be provided on the
application form. Additionally, if the applicant is not the fee owner of the
property, the fee owner's signature shall also be provided on the application form,
or the applicant shall provide separate written and signed authorization for the
application from the fee owner. Such application shall be accompanied by a fee
as set forth in the City Code. The application shall be considered as being
officially submitted and complete when the applicant has complied with all the
specified informational requirements, which shall include the following:
(Amended by Ord. No. 2004-02, 01/13/04) (Amended by Ord. No. 2010-21,
11/23110)
a. A written description of the request for the major variance,
including an explanation of compliance with the variance criteria set forth
in this Section.
b. Supporting materials, as outlined in Section 21045.07 of this
Chapter, as determined by the Zoning Administrator as applicable to be
necessary for the complete and clear definition and understanding of the
request.
(6)
(2) Upon receipt of a complete application, as determined by staff review, and
following preliminary staff analysis of the application and request, the Zoning
Administrator, when appropriate, shall establish a time and place for consideration
by the Planning Commission. At least ten (10) days before the date of the
meeting, a written notice of the meeting shall be mailed to the applicant and to all
other owners of property located within two hundred (200) feet of the boundaries
of the property which is the subject of the application.
(3) Failure of a property owner to receive notice shall not invalidate any such
proceedings as set forth within this Chapter.
(4) The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general assistance in
preparing a recommendation on the action to the Board.
(5) The Planning Commission and Zoning Administrator shall have the
authority to request additional information from the applicant concerning
operational factors or to retain expert testimony with the consent and at the
expense of the applicant concerning operational factors, said information to be
declared necessary to establish performance conditions in relation to all pertinent
sections of this Chapter.
(6) The applicant or a representative thereof may appear before the Planning
Commission in order to present and answer questions concerning the proposed
request.
(7) The Planning Commission shall make a finding of fact and make a
recommendation on such actions or conditions relating to the request as they deem
necessary to carry out the purpose of this Chapter. Such recommendations shall
be in writing and accompanied by the report and recommendation of the City
staff.
(8) The Board shall not act upon the request until they have received a report
and recommendation from the Planning Commission and the City staff or until
sixty (60) days after the first regular Planning Commission meeting at which the
request was considered.
(9) Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Manager shall schedule the application
for consideration by the Board. Such reports and recommendations shall be
entered in and made part of the permanent written record of the Board meeting.
(10) Upon receiving the report and recommendation of the Planning
Commission and the City staff, the Board shall have the option to set and hold a
public hearing if deemed necessary and shall make a recorded finding of fact and
(7)
may impose any condition they considered necessary to protect the public health,
safety and welfare. Any condition must be directly related to, and must bear a
rough proportionality to, the impact created by the variance.
(11) If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the Board finds that specific inconsistencies exist in
the review process and thus the final determination of the Board will differ from
that of the Planning Commission, the Board may, before taking final action, refer
the matter back to the Planning Commission for further consideration. The Board
shall provide the Planning Commission with a written statement detailing the
specific reasons for referral. This procedure shall be followed only one time on a
singular action.
(12) Approval of a request shall require passage by a majority vote of the entire
Board.
(13) In granting any major variance under the provisions of this Section, the
Board shall designate such conditions in connection therewith as will, in its
opinion, secure substantially the objectives of the regulations or provisions to
which the adjustment or variance is granted, as to light, air, and the public health,
safety, comfort, convenience and general welfare.
(14) In all cases where major variances are granted under the provisions of this
Section, the Board shall require such evidence and guarantee as it may deem
necessary to insure compliance with the conditions designated in connection
therewith.
(15) The Zoning Administrator shall serve a copy of the final order of the
Board upon the petitioner by mail.
(16) Whenever an application for a major variance has been considered and
denied by the Board, a similar application for a variance affecting substantially the
same property shall not be considered again by the Planning Commission or
Board for at least six (6) months from the date of its denial; and a subsequent
application affecting substantially the same property shall likewise not be
considered again by the Planning Commission or Board for an additional six (6)
months from the date of the second denial unless a decision to reconsider such
matter is made by a majority vote of the full Board.
21030.05. APPEAL OF BOARD RULING: Any person or persons, any private or public
board, or taxpayer of the City aggrieved by any decision of the Board shall have the right to seek
review of the decision with a court of record in the manner provided by the laws of the State of
Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time
to time amended, supplemented or replaced.
(8)
21030.06. EXPIRATION: Unless the Board specifically approves a different time when
action is officially taken on the request, approvals which have been issued under the provisions
of this sSection shall expire without further action by the Board, unless the applicant commences
the authorized use or improvement within one (1) year of the date the variance is issued; or,
unless before the expiration of the one (1) year period; the applicant shall apply for an extension
thereof by completing and submitting a request for extension, including the renewal fee as set
forth in the City Code. The request for extension shall state facts showing a good faith attempt to
complete or utilize the approval permitted in the variance. A request for an extension not
exceeding one (1) year shall be subject to the review and approval of the Zoning Administrator.
On matters involving a major variance approval, should a second extension of time or any
extension of time longer than one (1) year be requested by the applicant, it shall be presented to
the Board for a decision. (Amended by Ord. No. 2010-01, 02/23/10)
21030.07. SITE IMPROVEMENT PERFORMANCE AGREEMENT AND
FINANCIAL GUARANTEE: Following the approval of a variance as required by this Section
and prior to the issuing of any building permits or the commencing of any work, the applicant as
may be applicable shall guarantee to the City the completion of all private exterior amenities as
shown on the approved site plan and as required by the variance approval. The guarantee shall
be made by means of a site improvement performance agreement and a financial guarantee as
specified in Section 21045 of this Chapter.
21030.08. CERTIFICATION OF TAXES PAID: Prior to approving an application for a
variance (major or minor), 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 variance application relates.
SECTION 4. Amendment. Section 21045.10, Subd. 5 of the Plymouth City Code (SITE
PLAN REVIEW—SITE IMPROVEMENT PERFORMANCE AGREEMENT AND
FINANCIAL GUARANTEE) is amended as follows:
Subd. 5. At the time of execution of the agreement and prior to the issuance of
building permits, the applicant shall provide to the City of Plymouth a cash escrow to pay for the
costs of administering the site improvement performance agreement. Administrative costs
include but are not limited to preparation of the agreement, city recording fees for documents
required as part of the project, monitoring of construction observation, consultation with the
applicant and his/her engineer on status or problems regarding the project, plan review, final
inspection and acceptance, and processing requests for reductions or release of the financial
guarantee. The cash escrow shall equal 2% of the estimated cost of proposed improvements, as
identified in the agreement to a maximum amount of $3,000. Administrative costs shall be
charged against the cash escrow account and credited to the city. If, at any time prior to
completion of the site improvement performance agreement administration process, the balance
in the cash escrow account is depleted to less than 10% of the originally required cash escrow
(9)
amount, the applicant shall deposit additional funds in the cash escrow account as determined by
the Zoning Administrator. Any balance remaining in the cash escrow account upon completion
of the site improvement performance agreement administration process shall be returned to the
applicant after all claims and charges thereto have been deducted.
SECTION 5. Amendment. Section 21130.01, Subd. 4 (b) of the Plymouth City Code
(FENCING/SCREENING/LANDSCAPING—FENCE/WALL REGULATIONS) is amended as
follows:
(b) All fences (hedges and plantings excluded) and walls shall require a fence/wall
permit under this Section, unless a separate building permit is required for the fence or
wall, or unless the fence or wall does not require a building permit and is authorized on
an approved site plan. Fence/wall permits may be issued by the Building Official or
designee, if all requirements of this Chapter have been met. (Amended by Ord. No. 2004-
02, 01113/04)
SECTION 6. Amendment. Section 21155.06, Subd. 2 (e) (3) of the Plymouth City Code
(SIGN REGULATIONS—DISTRICT REQUIREMENTS) is amended as follows:
(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 -not exceed eight (8) square feet of
less -in surface area, except that if the parcel contains five or more acres the sign
shall not exceed 32 square feet 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 sign.
SECTION 7. Amendment. Section 21350.05, Subd. 11 of the Plymouth City Code (FRD,
FUTURE RESTRICTED DEVELOPMENT DISTRICT—ACCESSORY USES) is amended as
follows:
Subd. 11. Radio and television receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including eeeiv federally
licensed amateur radio stations Mia televisie ,meeiver-s,as regulated by Section 21175 of this
Chapter.
(10)
SECTION 8. Amendment. Section 21352.05, Subd. 11 of the Plymouth City Code (RSF-R,
SINGLE FAMILY DETACHED RURAL TO URBAN TRANSITION DISTRICT—
ACCESSORY USES) is amended as follows:
Subd. 11. Radio and television receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including ,-adie r-eeeiver.., federally
licensed amateur radio stations and television "eeeiv , as regulated by Section 21175 of this
Chapter.
SECTION 9. Amendment. Section 21355.05, Subd. 11 of the Plymouth City Code (RSF-1,
SINGLE FAMILY DETACHED DWELLING DISTRICT 1—ACCESSORY USES) is amended
as follows:
Subd. 11. Radio and television receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including fadie meeiv federally
licensed amateur radio stations and telev;s: , as regulated by Section 21175 of this
Chapter.
SECTION 10. Amendment. Section 21360.05, Subd. 11 of the Plymouth City Code (RSF-2,
SINGLE FAMILY DETACHED DWELLING DISTRICT 2—ACCESSORY USES) is amended
as follows:
Subd. 11. Radio and televisions receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio reeei �� �, federally
licensed amateur radio stations afa televis as regulated by Section 21175 of this
Chapter.
SECTION 11. Amendment. Section 21365.05, Subd. 11 of the Plymouth City Code (RSF-3,
SINGLE FAMILY DETACHED DWELLING DISTRICT 3—ACCESSORY USES) is amended
as follows:
Subd. 11. Radio and televisions receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio rveeiver-s, federally
licensed amateur radio stations and television rveeiver-s, as regulated by Section 21175 of this
Chapter.
SECTION 12. Amendment. Section 21370.05, Subd. 11 of the Plymouth City Code (RSF-4,
SINGLE AND TWO FAMILY DWELLING DISTRICT—ACCESSORY USES) is amended as
follows:
Subd. ll. Radio and televisions receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including Fadie ,.oeeiyefs federally
licensed amateur radio stations and teleN4:^zs, as regulated by Section 21175 of this
Chapter.
SECTION 13. Amendment. Section 21375.05, Subd. 11 of the Plymouth City Code (RMF -1,
MULTIPLE FAMILY DWELLING DISTRICT 1—ACCESSORY USES) is amended as
follows:
Subd. ll. Radio and televisions receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio e federally
licensed amateur radio stations and teleN sie r-eeei e-- , as regulated by Section 21175 of this
Chapter.
SECTION 14. Amendment. Section 21380.05, Subd. 11 of the Plymouth City Code (RMF -2,
MULTIPLE FAMILY DWELLING DISTRICT 2—ACCESSORY USES) is amended as
follows:
Subd. ll. Radio and televisions receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio rveei•veFs, federally
licensed amateur radio station and television as regulated by Section 21175 of this
Chapter.
SECTION 15. Amendment. Section 21385.05, Subd. 11 of the Plymouth City Code (RMF -3,
MULTIPLE FAMILY DWELLING DISTRICT 3—ACCESSORY USES) is amended as
follows:
Subd. ll. Radio and televisions receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including radio -reeeiver-s, federal
licensed amateur radio stations and television ..oeeive fs, as regulated by Section 21175 of this
Chapter.
(12)
SECTION 16. Amendment. Section 21390.05, Subd. 12 of the Plymouth City Code (RMF -4,
MULTIPLE FAMILY DWELLING DISTRICT 4—ACCESSORY USES) is amended as
follows:
Subd. 12. Radio and televisions receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including ,.actio r-eeeiver,, federally
licensed amateur radio stations and tele-4sio., rveeiv , as regulated by Section 21175 of this
Chapter.
SECTION 17. Amendment. Section 21395.05, Subd. 11 of the Plymouth City Code (RMF -5,
MULTIPLE FAMILY DWELLING DISTRICT 5—ACCESSORY USES) is amended as
follows:
Subd. 11. Radio and televisions receiving antennas including single satellite dish
TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of household electronic equipment including F"ie meeiv federally
licensed amateur radio stations and telev;s:�., ,a.o:.°a , as regulated by Section 21175 of this
Chapter.
SECTION 18. Amendment. Section 21450.03 of the Plymouth City Code (O, OFFICE
DISTRICT—PERMITTED USES) is amended as follows:
21450.03. PERMITTED USES: The following are permitted uses in the O District:
Subd. 1. Banks, credit unions and other financial institutions (excluding currency
exchanges) without drive -up tellers.
Subd. 2. Dwelling, elderly (senior citizen).
Subd. 3. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 4. Funeral homes and mortuaries.
Subd. 5. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 6. Offices, administrative/commercial.
Subd. 7. Offices/clinics for medical, dental, or chiropractic services.
Subd. 8. Petogr oming_
(13)
Subd. 89. Private clubs (may serve food and beverages). (Amended by Ord. No.
2009-07, 05/12/09)
Subd. 910. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. X011. Residential care facilities such as nursing homes, assisted living facilities
and similar facilities (excludes hospitals or similar institutions). (Amended by Ord. No. 2011-05,
02122111)
Subd. -112. Retail commercial activities limited to those listed as permitted or
permitted accessory uses within the C-1 Zoning District.
Subd. 4213. Therapeutic massage.
Subd. 4-314. Veterinary clinics and related indoor kennel; and gf . _*
SECTION 19. Amendment. Section 21450.05, Subd. 4 of the Plymouth City Code (O,
OFFICE DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 4. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including , adie r-eeeivers–,federally licensed
amateur radio stations wi elev;s��, as regulated by Section 21175 of this Chapter.
SECTION 20. Amendment. Section 21455.05, Subd. 5 of the Plymouth City Code (C-1,
CONVENIENCE COMMERCIAL DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio r-eeeiver-. , federally licensed
amateur radio stations and tel_– :_;O feeeivers,as regulated by Section 21175 of this Chapter.
SECTION 21. Amendment. Section 21460.03 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.
(14)
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.
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. Pet sales, supplies and grooming.
Subd. 2829. Pharmacies without drive through service (note that businesses with drive
through service are regulated by Section 21460.07, Subd. 4 of this Chapter).
Subd. -2930. Phone and electronic stores containing less than five thousand (5,000)
square feet of gross floor area.
Subd. 3031. Plumbing, television, radio, electrical sales, and related accessory repair.
Subd. 3432. Prepared food: delivery and/or take out only, no interior seating.
Subd. 3233. Recreation, personal fitness (defined as containing less than 3,000 square
feet of floor area).
(15)
Subd. 3334. Retail operations, excluding pawnshops, that are not otherwise addressed
in this s5ection – provided they contain less than three thousand (3,000) square feet of
gross floor area.
Subd. 3435. Sexually oriented businesses – accessory (as regulated by Section 21195 of
this Chapter).
Subd. 3536. Shoe repair.
Subd. 3637. Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
Subd. 3738. Studios - artist, dance, decorating, karate, music, portrait photography, and
similar uses.
Subd. 3839. Tailoring services.
Subd. 36340. Tanning salons.
Subd. 4041. Therapeutic massage.
Subd. 4442. Tobacco shops.
Subd. 4343. Variety stores and stores of similar- ,,,,tune
Subd. 4344. Veterinary clinics and related indoor kennel; and pet sa4es, supplies afiA
Subd. 4445. Video rental and sales.
SECTION 22. Amendment. Section 21460.05, Subd. 5 of the Plymouth City Code (C-2,
NEIGHBORHOOD COMMERCIAL DISTRICT—ACCESSORY USES) is amended as
follows:
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment includingradio , federally licensed
amateur radio stations and tele.4sio rveeivers, as regulated by Section 21175 of this Chapter.
SECTION 23. 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).
(16)
Subd. 8. Convenience grocery markets (without motor fuel facilities or delicatessen
food service).
Subd. 9. Copy/printing services (excludes printing presses and publishing
facilities).
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. Pet sales. supplies andogr oming_
Subd. 3021. Prepared food: delivery and/or take out only, no interior seating.
Subd. 3422. Private clubs (may serve food and beverages).
Subd. 33-23. Reception halls/event centers, with or without catering services.
Subd. -2324. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 3425. Restaurants not of the drive-in, convenience or drive-through type.
Subd. 3326. Retail operations, excluding pawnshops, that are not otherwise addressed
in this sSection – provided they contain less than three thousand (3,000) square feet of
gross floor area.
Subd. - 627. Sexually oriented businesses – accessory or principal (as regulated by
Section 21195 of this Chapter).
Subd. 3728. Shoe repair.
Subd. 3829. Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
Subd. 3930. Sports and fitness clubs.
Subd. 3031. Tailoring services.
Subd. 3132. Tanning salons.
Subd. 3333. Therapeutic massage.
Subd. X34. Veterinary clinics and related indoor kennel; and pet sales, supplie
8Mafflifl •
(17)
SECTION 24. Amendment. Section 21465.05, Subd. 5 of the Plymouth City Code (C-3,
HIGHWAY COMMERCIAL DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio eeive..i, federally licensed
amateur radio stations and tele Osie , r eeive-s, as regulated by Section 21175 of this Chapter.
SECTION 25. 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. Big box stores – provided they are located along an arterial roadwa.
Subd. 4011. Body art establishments.
Subd. 4412. Book, office supply and equipment, school supply and art, or stationary
stores.
Subd. 4213. Building supply sales within the principal structure.
Subd. 4314. Bus/transit stations or terminals without vehicle storage.
Subd. 4415. Camera and photographic supplies, sales, and film processing.
Subd. 4-516. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
Subd. 4617. Carpet, rugs and tile retail sales.
Subd. 4718. Clothes, sales and/or rental.
Subd. 4819. Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
Subd. 4920. Copy/printing services (excludes printing presses and publishing
facilities).
Subd. 2021. Delicatessens/coffee houses without drive-through service.
Subd. -2422. Department, diseeiiat, and wafeheuse stores.
Subd. 2223. Dry cleaning pick up and laundry pick up stations including incidental
repair but not including processing.
(18)
Subd. -2324. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this
Chapter.
Subd. 2425. Fabric and notions sales and store.
Subd. 2526. Florist shops.
Subd. 2627. Furniture stores.
Subd. 2728. . Garden centers.
Subd. 2829. Gift or novelty stores.
Subd. -2930. Governmental and public utility (essential service) buildings and
structures, including public works type facilities, excluding outdoor storage.
Subd. 3031. Grocery, convenience markets (without motor fuel sales).
Subd. 3132. Grocery, supermarkets.
Subd. 3233. Grocery, superstores.
Subd. 3334. Hardware stores.
Subd. 3435. Hobby and craft stores.
Subd. 3536. Hotels and motels.
Subd. 3637. Jewelry stores.
Subd. 3738. Leather goods and luggage stores.
Subd. 3839. Liquor, off sale, pursuant to the required liquor license.
Subd. -3940. Locksmiths.
Subd. 4041. Meat markets, but not including processing for a locker plant.
Subd. 442. Music (e.g., instruments, equipment, compact discs) shops and sales.
Subd. 4243. Offices, administrative/commercial.
Subd. 4344. Offices/clinics for medical, dental, or chiropractic services.
Subd. 4445. Paint and wallpaper sales.
Subd. 46. Pet sales, supplies andogr oming_
Subd. 4547. Pharmacies with or without drive through service. (Drive through service
is regulated by Section 21120.09 of this Chapter.)
Subd. 4648. Plumbing, television, radio, electrical sales and related accessory repair.
Subd. 4749. Prepared food: delivery and/or take out only, no interior seating.
Subd. 4850. Private clubs (may serve food and beverages).
Subd. 4951. Reception halls/event centers, with or without catering services.
Subd. 5852. Recreation, personal fitness (defined as containing less than 3,000 square
feet of floor area).
Subd. -5453. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 5254. Restaurants not of the drive-in, convenience or drive-through type.
Subd. 5355. Retail operations not otherwise addressed in this sSection - provided they
contain less than three thousand (3,000) square feet of gross floor area.
Subd. 5456. Sewing machine sales and service.
Subd. -5557. Sexually oriented businesses - accessory or principle (as regulated by
Section 21195 of this Chapter).
Subd. 5658. Shoe repair.
Subd. 5959. Sporting goods and recreational equipment sales, not including motorized
vehicles or boats.
(19)
Subd. 5860. Sports and fitness clubs.
Subd. 5861. Studios - artist, dance, decorating, karate, music, portrait photography, and
similar uses.
Subd. 6062. Tailoring services.
Subd. 6463. Tanning salons.
Subd. 6864. Theaters (indoor only).
Subd. 6365. Therapeutic massage.
Subd. 6466. Tobacco shops.
Subd. 6567. Toy Stores.
Subd. 6668. Tutoring/learning centers.
Subd. 6769. Variety stores
Subd.6870. Veterinary clinics and related indoor kennel; and pet sales, supplie
Subd. 6171. Video rental and sales.
SECTION 26. Amendment. Section 21470.05, Subd. 5 of the Plymouth City Code (C-4,
COMMUNITY COMMERCIAL DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio eeive..s, federally licensed
amateur radio stations and tele- s , as regulated by Section 21175 of this Chapter.
SECTION 27. Amendment. Section 21475.07, Subd. 1 (e) of the Plymouth City Code (CC,
CITY CENTER DISTRICT—ACCESSORY USES) is amended as follows:
(e) Radio and television receiving antennas including single satellite dish TVROs two
(2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary
for the operation of electronic equipment including ..actio r-eeeiver&,--federally -licensed
amateur radio stations and televisk . o^��� �� �, as regulated by Section 21175 of this
Chapter.
SECTION 28. Amendment. Section 21550.05, Subd. 5 of the Plymouth City Code (C-5,
COMMERCIAL/INDUSTRIAL DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio r-eeei er-s, federally licensed
amateur radio stations and tele-... ^�;.ro, �, as regulated by Section 21175 of this Chapter.
(20)
SECTION 29. Amendment. Section 21555.05, Subd. 6 of the Plymouth City Code (B -C,
BUSINESS CAMPUS DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 6. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment includingradio , federally licensed
amateur radio stations and telev:..: , as regulated by Section 21175 of this Chapter.
SECTION 30. Amendment. Section 21560.05, Subd. 6 of the Plymouth City Code (I-1,
LIGHT INDUSTRIAL DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 6. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including . adie rvraeiver-. , federally licensed
amateur radio stations and *e'ep „is* - .• -, as regulated by Section 21175 of this Chapter.
SECTION 31. Amendment. Section 21565.05, Subd. 6 of the Plymouth City Code (I-2,
GENERAL INDUSTRIAL DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 6. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including mdse r-eeei e -s, federally licensed
amateur radio stations and television r eeive -s, as regulated by Section 21175 of this Chapter.
SECTION 32. Amendment. Section 21570.07, Subd. 6 of the Plymouth City Code (I-3,
HEAVY INDUSTRIAL DISTRICT—ACCESSORY USES) is amended as follows:
Subd. 6. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio r-^^ federally licensed
amateur radio stations and tel_—V;ffi:^� as regulated by Section 21175 of this Chapter.
SECTION 33. Amendment. Section 21650.03, Subd. 8 of the Plymouth City Code (PI,
PUBLIC/INSTITUTIONAL DISTRICT—PERMITTED USES) is amended as follows:
Subd. 8. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio meet efs, federally licensed
amateur radio stations and telev:.Si , as regulated by Section 21175 of this Chapter.
(21)
SECTION 34. Amendment. Section 21670 of the Plymouth City Code (WETLANDS
DISTRICT) is amended as follows:
SECTION 21670 - WETLANDS DISTRICT
21670.01. FINDINGS, INTENT AND INCORPORATION BY REFERENCE:
Subd. 1. The City has determined that wetlands serve to maintain water quality by
filtering water that is discharged into ground water aquifers and by retaining inorganic sediments,
toxicants, and nutrients. They also retain and reduce the discharge of phosphorus and transform
nutrients from their inorganic to organic forms, thereby, protecting streams and water bodies
from eutrophication and contamination. Wetlands also store runoff and reduce the velocity of
and magnitude of flood peaks. In addition, some wetlands receive the upward discharge of
ground water. These wetlands tend to support more stable biological communities since their
water temperatures and water levels tend to be more stable.
Subd. 2. Wetland vegetation also reduces the energy of waves, currents, and other
erosive forces and serves to prevent the erosion of shoreline areas. In addition, aquatic
vegetation provides food, shelter, and special habitat for wildlife. All of these wetland
characteristics provide valuable recreation and education resources.
Subd. 3. The City has also found that wetlands vary significantly in the degree that
they have been altered. Wetlands within the City exhibit great variations in their floral diversity,
quality of wildlife and fishery habitat, degree of fluctuation in response to storms, the extent to
which their shorelines have been altered or eroded, and their relative value in protecting water
quality. Therefore, the City has determined that it is necessary and beneficial to classify wetlands
based upon their functions and values. The City has also found that it is in the best interest of the
general health and welfare of the City to achieve no net loss of wetlands within the community.
Subd. 4. The City recognizes that a substantial amount of wetland degradation
results from sedimentation and nutrient loading related to construction projects. Therefore, the
City finds it necessary to require extraordinary measures to prevent such construction _related
degradation.
Subd. 5. In addition to having regulations that affect the physical impacts within
wetland areas the City also finds that it is necessary to regulate the use of lands surrounding
wetlands. Wetland -Bbuffer strips (as defined by Section 21005), are necessary and beneficial to
maintaining the health of wetlands. These strips of land surrounding wetlands protect their
shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before
storm water discharges into the wetland. -Wetland Bbuffer strips are also beneficial in providing
habitat for wildlife.
(22)
Subd. 6. This sSection hereby incorporates by reference the Wetlands Conservation
Act of 1991 [Minn. Stat. 103G.221 et seq. (herein after referred to as the WCA)] and any future
amendments adopted by the legislature. Any activities exempted from the provisions of the
WCA are also exempted from the requirements of this sSection, insofar as they relate to the
WCA. All wetlands, as defined in Section 21005 of this Chapter, including those governed by
the Department of Natural Resources, are covered by the edef-provisions of this-Qwpter
Section. Also, there are circumstances under which the strict enforcement of these regulations
may be unreasonable, and in circumstances that meet the criteria established in Section 21030
and subsection 21670.10 of this Chapter, departures from the strict application of these standards
may be permitted.
Subd.7. It is the intent of this Chapt Section 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. (Amended by Ord. No. 2011-
05, 02/22/11)
21670.02. PURPOSE AND IMPLEMENTATION:
Subd.1. Through the adoption and enforcement of this sSection, the City shall
promote the general health, safety, and welfare of its residents by both conserving and protecting
wetlands and requiring sound management practices and mitigation as provided for in the WCA
when development occurs in the vicinity of wetlands. Through the implementation of this
sSection, the City seeks to accomplish the following purposes:
(a) To satisfy the requirements of the WCA as it may be amended and, thereby
achieve no net loss of wetlands within the City;
(b) To balance the needs to preserve and protect natural resources and systems with
both the -rights of private property owners and the need to support the efficient use of
developable land within the City;
(c) To preserve the natural character of the landscape through the maintenance of
wetland ecosystems;
(d) To promote water quality -by maintaining the ability of wetlands to recharge
ground water and receive the discharge of ground water, to retain sediment and toxicants
and filter and strip nutrients from surface water runoff -before it discharges into
community lakes and streams, thus avoiding the contamination and eutrophication of
these water features; and
(e) To provide wildlife habitat and thereby support the maintenance of diversity of
both plant and animal species within the City.
(23)
Subd. 2. To accomplish these purposes, the City will:
(a) Maintain an inventory of all wetlands within the City;
(b) Maintain a system of classification for wetlands within the City and classify the
City's wetlands based upon their relative values related to floral diversity, wildlife habitat,
water quality protection, fishery habitat, flood storage, shoreline protection, and aesthetic,
recreational and education benefits.
(c) Prepare and maintain a comprehensive set of official maps identifying the location
and classification of all wetlands within the City.
(d) Establish wetland regulations that are coordinated with flood plain and shoreland
protection regulations.
(e) Require sound management practices to protect, conserve, maintain, enhance, and
improve the quality of wetlands within the community.
(f) Enforce standards for the alteration of wetlands when alteration is allowed,
including standards and procedures for the mitigation of the loss of wetland areas and
their functions and values, when alteration or destruction occurs.
(g) Obtain protective easements over or acquire fee title to wetlands as appropriate.
(h) Develop and maintain a program to educate the public about the numerous
benefits and features that wetlands provide and the adverse effects of improperly
managed urban development on wetlands.
(Amended by Ord. No. 2010-01, 02/23/10)
21670.03. GENERAL PROVISIONS:
Subd. 1. Identification and Delineation of Wetlands.
(a) This sSection shall apply to all land containing wetlands and land within the
sethaek and buffer strip and setback areas required by this sSection. Wetlands shall be
subject to the requirements established herein, as well as restrictions and requirements
established by other applicable Federal, State, and City ordinances and regulations. These
wetland protection regulations shall not be construed to allow anything otherwise
prohibited in the zoning district where the wetland area is located.
(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
(24)
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 sSection
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 this
sSection. 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, 02/23/10) (Amended by Ord. No. 2011-05, 02/22/11)
(c) Only that portion of a property within the boundaries of a wetland and its required
buffer strip and setback shall be subject to the provisions of this sSection.
(d) This sSection establishes four wetland classifications as defined in -Section 21005
of this Chapter; Exceptional Quality, High Quality, Medium Quality, and Low Quality.
21670.04. GENERAL STANDARDS: The following standards apply to all lands
containing or abutting a wetland:
Subd. 1. Septic and soil absorption systems must be set back a minimum of
seventy-five (75) feet from the City approved boundary of the wetland.
Subd. 2. The lowest ground floor elevation shall be two (2) feet above the 100 -Year
flood elevation or three (3) feet above the Ordinary High Water Mark of public waters regulated
by Section 21665 of this Chapter, whichever is greater.
Subd. 3. Structures intended to provide access across a wetland shall be prohibited
unless a permit is obtained in conformance with State Regulations.
Subd. 4. The MPCA's Best Management Practices and Minnesota Storm Water
Manual, as applicable, shall be followed to avoid erosion and sedimentation during the
construction process.
(25)
Subd. S. City inspection schedules and fines for erosion control will double on
projects abutting wetlands.
Subd. 6. Before the City issues a building permit for a lot with a required wetland
buffer strip, the lot owner shall:
(a) Record a notice of the wetland buffer i requirement against the title to the lot
with the office of the Hennepin County Recorder or Registrar of Titles, and
(b) Install the wetland buffer monumentation required by Section 21670.07 of this
Chapter.
Subd. 7. Wetlands and their required buffer strips, as required by Section 21.670.05,
must be kept free of all structures and features, including fences and play equipment.
Subd. 8. Wetlands and their required buffer strips, as required by Section 21670.05,
shall not be used for outside storage of household or personal items, lawn equipment, furniture,
firewood, parts, yard waste, and the like.
Subd. 79. In cases where a site is not subject to the wetland buffer strips and
setbacks required by Section 21670.05, buildings, swimming pools, patios, decks, drive aisles,
and parking lots shall be set back not less than fifteen 154 feet from a wetland edge. (Amended
by Ord. No. 2004-02, 01113/04) (Amended by Ord. No. 2009-07, 05112/09)
(Amended by Ord. No. 2010-01, 02/23/10)
21670.05. WETLAND BUFFER STRIPS AND SETBACKS:
Subd. 1. For lots of record created after January 3, 1995, a wetland buffer strip and
structure setback shall be provided and maintained abutting all wetlands. The buffer strip
provisions of this subsection shall not apply to lots of record created on or before January 3,
1995. Nevertheless, the City strongly encourages the use of wetland buffers strips on all lots that
contain or abut wetlands. (Amended by Ord. No. 2011-05, 02/22/11)
Subd. 2. Wetland buffer strips and structure setbacks shall apply to all parcels of
land whether or not the wetland is on the same parcel as a proposed development.
Subd. 3. Buffer strip vegetation shall be established and maintained in accordance
with the requirements of this Section. Buffer strips shall be identified within each lot by
permanent monumentation approved by the City.
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
(26)
exempted from the buffer s_prequirement. All other roadways and trails shall meet the buffer
jt standards established by this Section. (Amended by Ord. No. 2001-06, 02/13/01) (Amended
by Ord. No. 2011-05, 02/22/11)
Subd. 5. If the area of the buffer sj r has a preconstruction slope of twelve (124
percent or greater, the buffer strip shall be at the applicable maximum width for the wetland
classification. The use of a meandering buffer strip to maintain a natural appearance is
encouraged but not required in areas of flat topography.
Subd. 6. The required structure setback shall apply to all structures; except that
sueh s.,.,,,.mfe Seth ek shall not apply to -those identified in Section 21670.055 and roadways and
trails and their related retaining walls and fences. (Amended by Ord. No. 2001-06, 02/13/01)
Subd. 7. Wetland buffer strips not required by this sSection may be voluntarily
created in conformance with the requirements of this sSection concurrent with approval of a site
plan, or in the absence of a site plan, upon approval of an administrative permit. (Amended by
Ord. No. 2001-06, 02/13/01)
Subd. 8. Pursuant to the regulations of this sSection, the following dimensional
requirements shall apply for wetland buffers strips and setbacks, based on the quality of the
wetland at the time of preliminary plat approval:
Wetland Buffer Strip and Setback for Existing Wetlands,
Impacted Wetlands, and Mitigated Wetlands
Exceptional High Medium Low
Wetland Buffer Strip Width (Min.):
50'
40'
10'
10'
Wetland Buffer Strip Width (Max.):*
100'
60'
50'
50'
Wetland Buffer Strip Average Width:
75'
50'
30'
25'
Structure Setback (from Buffer Stri:**
15'
15'
15'
15'
Total (Average):
90'
65'
45'
40'
* Buffer strip _widths in excess of the listed maximums shall not be used in
calculating the average buffer strip width.
** These setbacks shall take precedence over other setbacks required in this Chapter.
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Example of Buffer and Setback
Applied to a High Quality Wetland
Lot Line
■
1 S' Rear High Quality
Setback Wetland ,
WIN ■ ■ � ;:
1
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MEMO.
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MEMEA
Building Area 50'Buffer
(Amended by Ord. No. 2010-01, 02/23/10) (Amended by Ord. No. 2011-05, 02/22/11)
21670.055. ENCROACHMENTS ALLOWED INTO REQUIRED SETBACK AND
BUFFER STRIP AREAS:
Subd. 1. Patios and open decks may encroach up to six feet into a required structure
setback area. Porches may not encroach into a required structure setback area.
Subd. 2. Fences and retaining walls may be located within a required structure
setback area provided they are designed, constructed, and maintained so as to not obstruct the
flow of storm water.
Subd. 3. Water auality ponds may encroach into reauired wetland buffer strib areas
provided that the amount of buffer strip encroached upon does not exceed 50 percent of the total
area required for such ponding,provided that the amount of buffer strip encroached upon
does not exceed 50 percent of the total area required for buffering. These limitations maybe
exceeded where two -cell water quality ponding is provided.
21670.06. [REPEALED.]
(Amended by Ord. No. 2010, 02/23/10)
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21670.07. MONUMENTATION REQUIRED: A permanent wetland buffer monument
shall be installed and maintained at each lot line where it crosses a wetland buffer Strip, and
where needed to indicate the contour of the buffer Strip, with a maximum spacing of two hundred
(200) feet of wetland edge. (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. No.
2010-01, 02/23/10)
21670.08. BUFFER STRIP VEGETATION PERFORMANCE STANDARDS:
Subd. 1. Where acceptable natural vegetation exists in buffer strip areas, such
vegetation shall be retained. A buffer strip has acceptable natural vegetation if it:
(a) has a continuous, dense layer of perennial grasses that have been uncultivated or
unbroken for at least five (5) consecutive years, or
(b) has an overstory of trees or shrubs with at least eighty (80) percent canopy closure
that have been uncultivated or unbroken for at least five (5) consecutive years, or
(c) contains a mixture of the plant communities described in (a) and (b) above, that
have been uncultivated or unbroken for at least five (5) consecutive years.
Subd. 2. Notwithstanding the performance standards outlined in Subd. 1 above, the
City may determine existing bufferii vegetation to be unacceptable if;
(a) it is composed of undesirable plant species (including but not limited to reed
canary grass, common buckthorn, purple loosestrife, leafy spurge or noxious weeds), or
(b) it is lacking a layer of organic thatch or duff, or
(c) has topography that tends to channelize the flow of surface runoff, or
(d) for some other reason it is unlikely to retain nutrients and sediment.
Subd. 3. Where buffer strip areas, areas, or a portion thereof, are not vegetated or have
been cultivated or otherwise disturbed within five (5) years of the permit application, such areas
shall be re -planted and maintained according to each of the following standards:
(a) The soil in wetland buffer strips shall be amended, as necessary, to ensure that the
soil has an organic content of not less than ten (10) percent and not more than thirty five
(35) percent.
(b) Buffer zones -strips shall be planted with a Board of Water and Soil Resources
(BWSR) approved seed mix containing one hundred (100) percent perennial native plant
species, except for a one-time planting of an annual nurse or cover crop such as oats or
rye.
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(c) The seed mix to be used shall consist of at least twelve (12) pounds pure live seed
(PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native
forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and
five (5) species, respectively.
(d) The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per
acre.
(e) Native shrubs may be substituted for forbs. Such shrubs may be bare root
seedlings and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be
distributed so as to provide a natural appearance and shall not be planted in rows.
(f) Any ground cover or shrub plantings installed in buffer strip areas are independent
of landscaping requirements set forth elsewhere in the City code and City policy.
(g) Native prairie grasses and forbs shall be planted by a qualified contractor using a
drill designed for native prairie grass seedings, such as a Truax or Nesbitt Native Grass
Drill or a John Deere 1550 Power -Till Seeder.
(h) No fertilizer shall be used in establishing new buffer-Eeees strips, except on
highly disturbed sites when deemed necessary to establish acceptable buffer strep
vegetation and then limited to amounts indicated by an accredited soil testing laboratory.
(i) All seeded areas shall have a two-inch thick application of compost (Mn/DOT
Grade 1 Section 3890) or be mulched immediately with clean straw at a rate of one and
one-half (1.5) tons per acre. Mulch shall be anchored with a disk or tackifier.
0) Buffer yes -strips (both natural and created), shall be protected by silt fence
during construction and the fence shall remain in place until the area crop is established.
(k) Applicants may obtain from the City a set of standard seeding and planting
specifications for buffer zeues- tj s which meet all the City requirements.
(Amended by Ord. No. 2002-02, 01 /22/02)
Subd. 4. During the first five (5) years after initial planting, the developer shall
submit to the City an annual report documenting the progress for establishment of the buffer
strip. The report shall include a map of the buffer strip location, a description of compliance
with the performance standards, a description of activities completed within the past year, a
description of activities planned for the upcoming year, a map of plant communities within the
buffer stripboundary including square footage estimates of the areas of native plantings and
invasive or non-native vegetation, and other information as may be requested by the City of
Plymouth. Until such time as the buffer semis accepted by the City, the developer shall be
required to replant any bufferi�vegetation that does not survive. After the City has accepted
the buffer. Strip, if the condition of the buffer strip area changes through natural processes not
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caused by the property owner, the owner shall not be required to re-establish the buffer strip area
to meet the standards established in this subdivision.
(Amended by Ord. No. 2010-01, 02/23/10)
21670.09. [RESERVED.] FEANIGGRIDOACHMENT 1N REQUIRED SETBACK AND
items,BUFFER AREAS1
Subd. 4. Wedands and required wedand beffer areas sMI not be used for- etAsi
> fireweed, >
and{tie WEc-
21670.10. VARIANCES:
Subd.1. Requests for variances shall be made in accordance with the procedures
and requirements set forth in Section 21030 of this Chapter.
Subd. 2. Variances shall only be granted when the standards and criteria set forth in
Section 21030 of this Chapter have been met. Variances shall not be granted which would
circumvent the intent and purposes of this subdivision.
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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.
(Amended by Ord. No. 2011-05, 02/22/11)
SECTION 35. Effective Date. This Ordinance shall be in full force and effect upon its
passage.
ADOPTED on July 26, 2011.
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1WVA4/1A---
Kelli Slavik, Mayor