HomeMy WebLinkAboutCity Council Ordinance 2004-02CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2004-02
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY
CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2003097)
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendments. The text of Chapter 21 of the Plymouth City Code is hereby
amended as follows:
A. SECTION 21005.02 (RULES AND DEFINITIONS— DEFINITONS) IS HEREBY
AMENDED BY ADDING, DELETING, OR CHANGING THE FOLLOWING
DEFINITIONS AS FOLLOWS:
Beauty Salon/Day Spa: A commercial establishment offering cosmetology services
which may include hair cutting, coloring, or styling, make -up application or consultation,
manicures, and pedicures, and/or which may offer therapeutic massage and body and/or facial
treatments such as body packs or wraps, exfoliation, cellulite or heat treatments, body toning,
waxing, tanning, aromatherapy, cleansing or medical facials, non - surgical face lifts and other
non - surgical cosmetic procedures, electrical toning and electrolysis. Hydrotherapy and steam or
sauna facilities, nutrition and weight management, and exercise instruction may be provided in
conjunction with such therapeutic massage and body and/or facial treatments.
Body Art: Physical body adornment, including but not limited to, piercing of body parts
other than ears, and tattooing.
Body Art Establishment: Any premises where body art is offered or performed.
Dog Kennel, Commercial: Any premises requiring a kennel license as provided by
Chapter 915 of the City Code.
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Dog Kennel, Private: An outside area designed, intended, or used specifically for the
keeping of dogs, including fenced dog runs and enclosures, dog houses, and the like.
Impervious Surface: An artificial or natural surface that is highly resistant to infiltration
by water. It includes surfaces such as compacted sand or clay as well as most conventionally
surfaced streets, driveways, roofs, sidewalks, stoops, tennis courts, swimming pools, parking lots,
and other similar structures. Impervious surface shall include any portion of an eave overhang
that projects more than thirty (30) inches out from the wall. Impervious surface shall also
include cantilevered areas located less than six (6) feet above the adjacent grade, and any portion
of cantilevered areas together with any related eave overhang that projects more than thirty (30)
inches out from the wall.
Sign Related:
(a) Advertising Sign: Any permanent non - governmental sign advertising products,
services, commodities, entertainment or other activity not offered at the location of the
sign or not exclusively related to the premises on which the sign is located.
(b) Area Identification Sign: A freestanding sign identifying the name of a single
family residential subdivision consisting of five (5) or more lots; a multiple family
residential complex consisting of ten (10) or more units; a commercial or industrial
development containing two (2) or more structures; a manufactured home park; or any
integrated combination of the above.
(c) Business Sign: Any sign which identifies a specific business, either retail,
wholesale, or industrial, or which identifies a profession and is located upon the subject
property.
(d) Construction Sign: A sign which displays information announcing the approved
construction or development of the site on which it is displayed.
(e) Directional Sign: A sign erected with the address and/or name only of a business,
development project, institution, church or other use or activity plus directional arrows or
information on location.
(f) Freestanding Sign: A self - supported sign not affixed to another structure.
(g) Illuminated Sign: A sign illuminated by an artificial light source either directed
upon it or illuminated from an interior source.
(h) Menu Board: A sign located adjacent to the drive - through that is used to
advertise the product available at a convenience (fast) food restaurant.
(i) Monument Sign: Any sign not supported by posts, which does not exceed ten
(10) feet in height, and located directly at grade where the base width dimension is 75
percent or more of the greatest width of the sign.
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(j) Name Plate Sign: A sign located on the premises, giving the name or address or
both of the owner or occupant of a building or premises.
(k) Non- Conforming Sign: Any sign which existed prior to the adoption of this
Chapter and does not conform to the requirements herein.
(1) Outdoor Advertising Sign: A sign which is located outdoors and which
advertises a product, business, service, event, or any other matter which is not available
or does not take place on the same premises as the sign.
(m) Private Drive Sign: A sign that is located near the entrance(s) to a private drive
that serves more than one dwelling unit, and that states "Private Drive" and provides the
range of addresses served by the private drive. (Amended by Ord. No 2002 -32, 11126102)
(n) Roof Sign: A sign erected, constructed or attached wholly or in part upon or over
the roof of a building.
(o) Sign: The use of any words, numerals, figures, devices or trademarks by which
anything is made known such as are used to show an individual, firm, profession or
business and are visible to the general public.
(p) Surface Area: The entire area within a single, continuous perimeter enclosing the
extreme limits of the actual sign surface, including any material forming an integral part
of the background of the display used to differentiate the sign from the background
structure. It does not include any structural elements outside the limits of the sign, such
as the base, framing, or decorative roofing, provided there is no advertising copy on such
features. For signs consisting of individual letters, figures, or symbols applied directly
onto a building or structure, the sign area shall be that area enclosed with the smallest
rectangle needed to completely encompass all letters, figures, or symbols. Only one side
of a double face or V -type sign structure shall be used in computing total surface area,
provided the maximum angle between faces of double -faced or V -type signs is 45
degrees.
(q) Temporary Sign: A sign erected or displayed for a specified period of time.
(r) Traffic Sign: A sign which is erected by a governmental unit for the purpose of
directing or guiding traffic.
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Transient Merchant: Any person, individual, co- partnership, incorporation, both as
principal and agent, who is engaged in, does, or transacts any temporary and transient business
selling goods, wares, and merchandise; and, who for the purpose of carrying on such business,
has complied with the administrative permit requirements of this Chapter, and hires, leases,
occupies, or uses a site, parking lot, vacant lot, motor vehicle, or trailer in a zoning district where
it is allowed by this Chapter.
Transient Produce Merchant: Any person who engages in or transacts in a temporary
and transient business within the city, selling the products of the farm or garden occupied and
cultivated by that person; and, who for the purposes of carrying on such business, hires, leases,
occupies, or uses, a site, parking lot, vacant lot, motor vehicle, or trailer on a site other than the
property on which the produce is grown and cultivated in a zoning district where it is allowed by
this Chapter.
B. SECTION 21010.01 (ADMINISTRATION – AMENDMENTS (TEXT AND MAP) —
PROCEDURE) IS HEREBY AMENDED AS FOLLOWS:
21010.01. PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for an
amendment 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. Additional City requirements are as follows:
Subd. 1. Requests for zoning (text or map) amendments 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 1) a fee as set forth in the City Code, 2)
detailed written and graphic materials, the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use, and 3) two copies of a
list of property owners located within seven hundred and fifty (750) feet of the subject property
in a format prescribed by the Zoning Administrator. The application shall be considered as being
officially submitted and complete when the applicant has complied with all the specified
information requirements.
Subd. 2. Within fifteen (15) business days of receipt of a complete application, as
determined by staff review, for a rezoning (map amendment or text amendment affecting a
PUD), the Zoning Administrator shall cause a notice to be mailed to all owners of land within
seven hundred and fifty (750) feet of the boundary of the property in question, informing them of
the receipt of the application and the anticipated schedule for consideration of the amendment.
This provision shall not apply in the case of a rezoning initiated by the City if the amendment
affects an area greater than forty (40) acres. (Amended by Ord. No 99 -5, 01119199)
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Subd. 3. 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 set a public hearing following proper hearing notification. The Planning
Commission shall conduct the hearing, and report its findings and make recommendations to the
City Council. Notice of said hearing shall consist of a legal property description, description of
request and map detailing property location, and be published in the official newspaper at least
ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least
ten (10) days prior to all owners of land within seven hundred and fifty (75 0) feet of the boundary
of the property in question.
Subd. 4. Failure of a property owner to receive said notice(s) shall not invalidate
any such proceedings as set forth within this Chapter.
Subd. 5. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and provide general assistance in preparing a
recommendation of the action to the City Council.
Subd. 6. The Planning Commission shall consider possible adverse effects of the
proposed amendment. Its judgment shall be based upon (but not limited to) the following
factors:
(a) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the City Comprehensive Plan,
including public facilities and capital improvement plans.
(b) The proposed action meets the purpose and intent of this Ordinance or in the case
of a map amendment, it meets the purpose and intent of the individual district.
(c) There is adequate infrastructure available to serve the proposed action.
(d) There is an adequate buffer or transition provided between potentially
incompatible districts.
Subd. 7. The Planning Commission and City staff 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.
Subd. 8. The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions concerning the proposed
request.
Subd. 9. The Planning Commission shall make a recommendation on the request.
Such recommendations shall be accompanied by the report and recommendation of the City staff.
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Subd.10. The City Council shall not act upon an amendment 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.
Subd.11. 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 City Council. Such reports and recommendations shall be entered in and made part of the
permanent written record of the City Council meeting.
Subd.12. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Council shall have the option to set and hold a public
hearing if deemed necessary.
Subd.13. If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the City Council finds that specific inconsistencies exist in the
review process and thus the final recommendations of the City Council will differ from that of
the Planning Commission, the City Council may before taking final action, refer the matter back
to the Planning Commission for further consideration. The City Council 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.
Subd.14. For any application which changes all or part of the existing classification
of a zoning district from residential to either commercial or industrial, approval shall require
passage by a two- thirds (2/3) vote of the full City Council. Approval of any other proposed
amendment shall require passage by a majority vote of the full Council. (Amended by Ord. No.
2001 -27, 08114101)
Subd.15. The amendment shall not become effective until such time as the City
Council approves an ordinance reflecting said amendment.
Subd.16. Whenever an application for an amendment has been considered and
denied by the City Council, a similar application for an amendment affecting substantially the
same property shall not be considered again by the Planning Commission or City Council 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 City Council for an additional six (6) months from the date of the second denial
unless a decision to reconsider such matter is made by not less than a majority of the full City
Council.
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C. SECTION 21015.02 (ADMINISTRATION — CONDITIONAL USE PERMITS —
PROCEDURE) IS HEREBY AMENDED AS FOLLOWS:
21015.02. PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a
conditional use permit 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. Additional City requirements are as follows:
Subd. 1. Requests for conditional use permits, as provided within this Chapter,
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 1) a fee as set forth in the City Code, 2)
detailed written and graphic materials, the number and size as prescribed by the Zoning
Administrator, fully explaining the proposed change, development, or use, and 3) a list of
property owners located within five hundred (500) feet of the subject property in a format
prescribed by the Zoning Administrator, except in the case of correctional facilities and waste
facilities where the notification shall be to property owners located within one thousand three
hundred twenty (1,320) feet of the subject property. The application shall be considered as being
officially submitted and complete when the applicant has complied with all the specified
information requirements.
Subd. 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 set a public hearing following proper hearing notification. The Planning
Commission shall conduct the hearing, and report its findings and make recommendations to the
City Council. Notice of said hearing shall consist of a legal property description, description of
request and map detailing property location, and be published in the official newspaper at least
ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least
ten (10) days prior to all owners of land within five hundred (500) feet of the boundary of the
property in question, except in the case of correctional facilities and waste facilities where the
notification shall be to property owners located within one thousand three hundred twenty
(1,320) feet of the subject property.
Subd. 3. Failure of a property owner to receive said notice shall not invalidate any
such proceedings as set forth within this Chapter.
Subd. 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 City Council.
Subd. 5. The Planning Commission shall consider possible adverse effects of the
proposed conditional use. Its judgment shall be based upon (but not limited to) the following
factors:
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(a) Compliance with and effect upon the Comprehensive Plan, including public
facilities and capital improvement plans.
(b) The establishment, maintenance or operation of the conditional use will promote
and enhance the general public welfare and will not be detrimental to or endanger the
public health, safety, morals or comfort.
(c) The conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the neighborhood.
(d) The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the district.
(e) Adequate public facilities and services are available or can be reasonably provided
to accommodate the use which is proposed.
(f) The conditional use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
(g) The conditional use complies with the general and specific performance standards
as specified by this Section and this Chapter.
Subd. 6. The Planning Commission and City staff 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 is to be declared necessary to establish performance conditions in
relation to all pertinent sections of this Chapter.
Subd. 7. The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions concerning the proposed
request.
Subd. 8. 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 intent and purpose of this Chapter. Such recommendation shall be in writing and
accompanied by the report and recommendation of the City staff.
Subd. 9. The City Council shall not grant a conditional use permit 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.
Subd. 10. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Manager shall schedule the application for consideration
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by the City Council. Such reports and recommendations shall be entered in and made part of the
permanent written record of the City Council meeting.
Subd.11. Upon receiving the report and recommendation of the Planning
Commission and the City staff, the City Council shall have the option to set and hold a public
hearing if deemed necessary and shall make a recorded finding of fact and may impose any
condition they consider necessary to protect the public health, safety and welfare.
Subd.12. If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the City Council finds that specific inconsistencies exist in the
review process and thus the final recommendations of the City Council will differ from that of
the Planning Commission, the City Council may, before taking final action, refer the matter back
to the Planning Commission for further consideration. This procedure shall be followed only one
time on a singular action.
Subd.13. Approval of a request shall require passage by a majority vote of the entire
City Council.
Subd.14. Whenever an application for a conditional use permit has been considered
and denied by the City Council, a similar application for a conditional use permit affecting
substantially the same property shall not be considered again by the Planning Commission or
City Council 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 City Council 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 City Council.
D. SECTION 21025.02 (ADMINISTRATION — ADMINISTRATIVE PERMITS AND
APPROVALS— ADMINISTRATIVE PERMITS), SUBD. 1 (a) IS HEREBY
AMENDED AS FOLLOWS:
(a) Requests for administrative permits, as provided within this Chapter, 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.
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E. SECTION 21030.04 (ADMINISTRATION – VARIANCES— PROCEDURES) IS
HEREBY AMENDED AS FOLLOWS:
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. Additional City requirements are as follows:
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.
(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 by the City Code. This fee shall not be refunded. The application
shall be considered as being officially submitted complete when the applicant has
complied with all the specified informational requirements, which shall include
the following:
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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.
(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.
(5) Notice of such minor variance approval 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 approved 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 author and the Zoning
Administrator, the final approval of the requested minor variance, as well as any
minor variance which is rejected by the Zoning Administrator, shall be referred to
the Board and proceed according to the provisions of Section 21030.04, Subd. 2
(b) of this Chapter.
(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 by the City Code. This fee shall not be refunded. The application
shall be considered as being officially submitted complete when the applicant has
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complied with all the specified informational requirements, which shall include
the following:
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.
(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
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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
may impose any condition they considered necessary to protect the public health,
safety and welfare.
(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)
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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.
F. SECTION 21045.03 (SITE PLAN REVIEW— SKETCH PLAN) IS HEREBY
AMENDED AS FOLLOWS:
21045.03. PRE- APPLICATION SKETCH REVIEW:
Subd. 1. Prior to the formulation of a site plan, potential applicants may present a
sketch to the Zoning Administrator prior to filing of a formal application. The sketch may be
conceptual and may include the following related materials:
(a) A scale drawing of the proposed site with reference to existing development
within 200 feet on adjacent properties.
(b) General location of proposed structures.
(c) Tentative street arrangements, both public and private.
(d) Amenities to be provided such as recreational areas, open space, walkways, etc.
(e) General location of parking areas.
(f) Proposed public sanitary sewer, water and storm drainage.
(g) A statement showing the proposed density of the project with the method of
calculating said density also shown.
(h) Extent of and any proposed modifications to land within the Special Protection
Districts as described and regulated in Sections 21660, 21665, and 21670 of this Chapter.
(i) Topographic contours at two (2) foot intervals.
0) Wetland delineation.
(k) Proposed general schedule of development.
(1) Information on the proposed developer.
(m) Other information or materials useful in reviewing the sketch.
(n) Letter of concurrence from landowner.
Subd. 2. The Zoning Administrator shall review the sketch and provide informal
comments. If the sketch indicates the use of alternative wetland buffer strips, the sketch shall be
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forwarded to the City Council for a decision regarding the use of such alternative wetland buffer
strips. In all other cases, 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.
Subd.3. Requests for pre- application sketch review shall be submitted to the
Zoning Administrator. If the sketch is to be reviewed by the Planning Commission and/or City
Council, as determined by the Zoning Administrator, the sketch shall be accompanied by a list of
property owners within a specified distance of the subject property in a format prescribed by the
Zoning Administrator. The specified distance shall be consistent with the greatest distance
required for the applications that the proposed development would require.
G. SECTION 21045.04 (SITE PLAN REVIEW —MINOR PROJECTS), SUBD. 2 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 2. Procedures. Pursuant to Minnesota Statutes 15.99, an application for site
plan approval 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. Additional City requirements for administrative approval of eligible site plans shall be
as follows:
(a) Requests for site plan approval, as provided within this Chapter, 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 1) a fee as set
forth in the City Code, and 2) detailed written and graphic materials, the number and size
as prescribed by the Zoning Administrator, fully explaining the proposed change,
development, or use.
(b) Plan review will be in accordance with established procedures including the
coordinated review by other City departments and divisions as determined by the Zoning
Administrator.
(c) Site plans involving properties within approved planned unit developments shall
be subject to applicable evaluation criteria in Section 21015.04 of this Chapter.
(d) Any major variance proposal will automatically require the entire application to
be processed in accordance with the Planning Commission review and City Council
approval provisions of this Section.
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(e) Administrative approval including all applicable conditions and requirements
shall be made in writing by the Zoning Administrator, and the applicant, in addition to all
other applicable requirements, shall submit a written acknowledgment of that approval
prior to the commencement of any development and prior to the issuance of any permits.
(f) Any unresolved dispute as to administrative interpretation of City Code,
ordinance, or policy requirements may be formally appealed pursuant to Section 21035 of
this Chapter.
H. SECTION 21045.05 (SITE PLAN REVIEW —MAJOR PROJECTS), SUBD. 2 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 2. Procedures. Pursuant to Minnesota Statutes 15.99, an application for site
plan approval 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. Additional City requirements are as follows:
(a) Requests for site plan approval, as provided within this Chapter, 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 1) a fee as
provided for in the City Code, 2) detailed written and graphic materials, the number and
size as prescribed by the Zoning Administrator, fully explaining the proposed change,
development, or use, and 3) a list of property owners within two hundred (200) feet of the
subject property in a format prescribed by the Zoning Administrator. The request shall be
considered as being officially submitted and complete when the applicant has complied
with all the specified information requirements.
(b) 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 Planning Commission and the City Council.
(c) The Planning Commission and City staff 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 is to be declared necessary to evaluate the request
and/or to establish performance conditions in relation to all pertinent sections of this
Chapter. Failure on the part of the applicant to supply all necessary supportive
information may be grounds for denial of the request.
(d) The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions concerning the
proposed request.
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(e) The Planning Commission shall recommend such actions or conditions relating to
the request as they deem necessary to carry out the intent and purpose of this Chapter.
(f) The City Council shall not consider a site plan application until they have received
a report and recommendation from the Planning Commission. If, however, the Planning
Commission has not acted upon the request after sixty (60) days from the first regular
meeting at which the request was considered, the City Council may proceed with its
considerations and action on the request.
(g) Upon receiving the report and recommendation of the Planning Commission, the
City Manager shall schedule the application for consideration by the City Council. Such
reports and recommendations shall be entered in and made part of the permanent written
record of the City Council meeting.
(h) The applicant or a representative thereof may appear before the City Council in
order to present information and answer questions concerning the proposed request.
(i) Approval of such request shall require passage by a majority vote of the entire
City Council.
I. SECTION 21045.08 (SITE PLAN REVIEW —PLAN MODIFICATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21045.08. PLAN MODIFICATIONS:
Subd.1. Qualifications. Proposed minor structural additions involving ten (10)
percent or less of the total existing floor area and proposed minor site expansions or
modifications involving ten (10) percent or less of the total existing site area which meet all
ordinance requirements may be approved by the Zoning Administrator prior to a building permit
being issued and shall not require Planning Commission or Council review, subject to the
following:
(a) This Section shall apply in the cases of new developments which have received
City Council plan approval, but for which building permits have yet to be taken; and this
Section shall apply to existing developments on file which have City Council approved
site plans.
(b) Compliance with all Ordinance requirements shall be construed to include all
adopted policies and codes.
(c) Any major variances from Ordinance and policy requirements shall be subject to
the established review and hearing procedures for plan and variance approval.
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(d) Plans submitted for minor structural additions or minor site alterations under the
terms of this Section shall be the same as those required for site plan approval.
(e) A copy of the plans approved under this Section shall be appropriately certified by
the Zoning Administrator and placed on file with the City Council approved plans.
Subd. 2. Procedures. Pursuant to Minnesota Statutes 15.99, an application for plan
modification 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. Requests for plan modification, as provided within this Chapter, 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 provided for in the City Code.
J. SECTION 21050.05 (ENFORCEMENT AND PENALTIES — PENALTIES) IS
HEREBY AMENDED AS FOLLOWS:
21050.05. PENALTIES: Any person who violates a provision of this Chapter is guilty of a
misdemeanor and, upon conviction thereof, shall be fined or penalized not more than the
maximum levels established by the State of Minnesota for misdemeanor offences. Each act of
violation and every day on which a violation occurs or continues is a separate violation.
K. SECTION 21115.04 (GENERAL YARD, LOT AREA AND BUILDING
REGULATIONS— YARDS), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd.1. The following shall not be considered as encroachments on yard setback
requirements.
(a) Cantilevers up to ten (10) feet in width, chimneys up to six (6) feet in width, and
flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the
like, provided they do not project more than two and one -half (2 -1/2) feet into a required
yard. Egress window wells and their related covers may project not more than three (3)
feet into a required yard.
(b) Terraces, steps, decks, patios, uncovered porches, stoops or similar features
provided they do not extend above the height of the ground floor level of the principal
structure and to a distance less than six (6) feet from a side or rear lot line, or a front lot
line which qualifies as an equivalent rear or side yard as defined by this Chapter. No
encroachment shall be permitted in existing or required drainage and utility easements,
unless approved by the City Engineer. (Amended by Ord. No. 2002 -25, 06125102)
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(c) Play and recreational facilities, private dog kennels, laundry drying equipment,
detached outdoor living rooms or gazebos not exceeding five hundred (500) square feet,
and air conditioning or heating equipment not exceeding established State noise levels
may be located within: 1) a rear or side yard provided they are set back at least six (6)
feet from any lot line, and 2) a front yard which qualifies as an equivalent rear or side
yard (as defined by this Chapter) provided they are set back from such front lot line a
distance equal to, or greater than, the minimum front setback specified for the principal
building on the lot, and are set back at least six (6) feet from other lot lines. No
encroachment shall be permitted in existing or required drainage and utility easements,
unless approved by the City Engineer. (Amended by Ord. No. 2002 -25, 06125102).
(Amended by Ord. No. 2000 -06, 02129100) (Amended by Ord. No. 2002 -02, 01122102)
L. SECTION 21120.01 (ACCESSORY BUILDINGS, STRUCTURES, AND USES —
RESIDENTIAL USES), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Within the FRD and RSF Zoning Districts, an attached private garage not
exceeding one thousand (1,000) square feet in gross floor area shall be considered an integral part
of the principal building and such garages are exempt from the provisions of this section.
Attached private garages in excess of 1,000 square feet of gross floor area are not permitted,
except by conditional use permit.
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M. SECTION 21120.05 (ACCESSORY BUILDINGS, STRUCTURES, AND USES —
SETBACKS) IS HEREBY AMENDED AS FOLLOWS:
21120.05 SETBACKS: Accessory buildings in the residential districts shall be set back
from adjoining lots as prescribed in the applicable district. Accessory buildings in the non-
residential districts shall be set back from adjoining lots as prescribed for the principal building
on the lot.
N. SECTION 21120.09 (ACCESSORY BUILDINGS, STRUCTURES, AND USES —
DRIVE THROUGH BUSINESSES), SUBD. 4 IS HEREBY AMENDED AS
FOLLOWS:
Subd. 4. Required Stacking Space.
(a) All Uses Except Pharmacy Uses. Businesses with one (1) drive through lane
shall provide stacking space for at least ten (10) vehicles, and businesses with two (2) or
more drive through lanes shall provide stacking space for at least six (6) vehicles per lane,
as measured from and including the last pick up station, window, or the like. Stacking
spaces shall not interfere with parking spaces or traffic circulation.
(b) Pharmacy Uses. Pharmacies with one (1) drive through lane shall provide
stacking space for at least five (5) vehicles, and pharmacies with two (2) or more drive
through lanes shall provide stacking space for at least three (3) vehicles per lane, as
measured from and including the last pick up station, window, or the like. Stacking
spaces shall not interfere with parking spaces or traffic circulation.
O. SECTION 21130.01 (FENCING /SCREENING/LANDSCAPING— FENCE /WALL
REGULATIONS), SUBD. 4 IS HEREBY AMENDED AS FOLLOWS:
Subd. 4. General Provisions. Except as otherwise provided herein, all fences and walls
within the City shall be subject to the following general provisions:
(a) No fences or walls shall be placed on or extend into public rights -of -way.
(b) All fences (hedges and plantings excluded) and walls constructed shall require a
permit under this section. Permits may be issued by the Building Official or designee, if
all requirements of this Chapter have been met.
(c) That side of any fence or wall considered to be its "face" (i.e., the finished side
having no structural supports) shall face abutting property or street right -of -way.
20
(d) Both sides of any fence or wall shall be maintained in a condition of reasonable
repair and appearance by its owner and shall not be allowed to become and remain in a
condition of disrepair or danger, or constitute a nuisance, public or private.
(e) No physical damage of any kind shall occur to abutting property during
installation unless it is allowed under agreement with the adjacent property owner.
(f) A certificate of survey may be required by the Building Official for all fences
(except hedges and plantings) or walls to be constructed on or within six (6) feet from the
property line, unless corner property stakes are in place and marked and a survey is filed
with the City. Additionally, retaining walls shall not be placed within any drainage or
ponding easement unless also reviewed and approved by the City Engineer.
(g) A fence shall be required on the top of any retaining wall that exceeds four (4) feet
in height. The Zoning Administrator may grant exceptions to this requirement if the
retaining wall does not pose a public safety concern.
(h) Fences shall not be constructed from chicken wire, welded wire, snow fence,
branches, or materials originally intended for other purposes, unless upon the showing of
a high degree of architectural quality achieved through the use of such, prior approval is
granted by the Zoning Administrator.
(Amended by Ord. No. 2000 -06, 02129100) (Amended by Ord. No. 2002 -02, 01122102)
P. SECTION 21130.01 (FENCING /SCREENING/LANDSCAPING— FENCE /WALL
REGULATIONS), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Specific Fence Standards. Except as otherwise provided herein, fences
may be allowed subject to the following specific standards:
(a) Fences constructed of materials with an opacity of up to 100% and not exceeding
six (6) feet in height may be located at or behind the minimum front setback line, as
required for the principal structure on the lot. Said fence may be located within a
required front yard area that qualifies as an equivalent rear or side yard as defined by this
Chapter. (Amended by Ord. No. 2000 -06, 02129100) (Amended by Ord. No. 2001 -06,
02113101) (Amended by Ord. No. 2002 -02, 01122102)
(b) Fences constructed of materials with an opacity of fifty percent (50 %) or more and
not exceeding thirty-six (36) inches height in may be located within a required front yard
area. Fences constructed of materials with an opacity of under 50% (e.g., wrought iron,
chain link, split rail) and not exceeding forty-eight (48) inches in height may be located
within a required front yard area. (Amended by Ord. No. 2002 -02, 01122102)
(c) Fences not exceeding six (6) feet in height, for uses other than one and two family
dwellings, may be permitted in front of the front building line as established by the
21
primary structure on the lot, when required for screening of adjacent property. In such
cases, the required front setback for the fence shall be the same as for the use which it is
intended to buffer.
(d) On corner lots or lots adjacent to railroad rights -of -way, no fence shall be located
in a sight visibility triangle unless it is in compliance with the sight clearance
requirements for such lots as set forth in Section 21105.05 of this Chapter.
(e) There are no height restrictions on natural hedges or plantings utilized as fences in
any residential zoning district, except that no such hedges or plantings shall be located
within a sight visibility triangle as set forth in Section 21105.05 of this Chapter.
(f) Should the rear lot line of a lot in a residential district be common with the side
lot line of an abutting lot, that portion of the rear lot line equal to the required front yard
setback of the abutting lot shall be fenced in accordance with the provisions of Section
21130.01, Subd. 5.b.
(g) Fences constructed of materials with an opacity of under 50% (e.g., wrought iron,
chain link) and not exceeding ten (10) feet in height may be permitted to enclose tennis
courts provided all other requirements of this subdivision are met, and shall not require a
conditional use permit or interim use permit where a tennis court is a permitted or
accessory use. (Amended by Ord. No. 2002 -02, 01122102)
(h) Fences which include a security gate at a point where access is provided to the
property and principal building may be approved if necessary and appropriate as part of
the site plan review.
(i) Temporary fencing not exceeding six (6) feet in height may be installed to secure
the perimeter of a construction site, upon issuance of an administrative permit pursuant to
Section 21025 of this Chapter, provided any such fencing is removed upon completion of
the construction project.
Q. SECTION 21130.02 ( FENCING /SCREENING/LANDSCAPING— GENERAL
LANDSCAPING AND MAINTENANCE) IS HEREBY AMENDED AS FOLLOWS:
21130.02. GENERAL LANDSCAPING AND MAINTENANCE: All exposed ground
areas, including street boulevards, and areas not devoted to off - street parking, drives, sidewalks,
patios or other such improvements shall be landscaped with grass, shrubs, trees or other
ornamental landscape materials within one (1) year following the date of building occupancy.
All landscaped areas shall be kept neat, clean and uncluttered, and where landscaping is required
as part of City approvals, any plant material which is diseased or dies shall be replaced with like
kind of the original size. No landscaped area shall be used for the parking of vehicles or for the
storage or display of materials, supplies or merchandise, unless otherwise authorized by this
Chapter. Fences and/or plantings placed upon utility easements are subject to removal by the
City or utility company if required for maintenance or improvement of the utility. In such case,
22
costs for removal and replacement shall be the responsibility of the property owner. Trees on
utility easements containing overhead wires shall not exceed fifteen (15) feet in height, and such
trees shall be the property owner's responsibility to maintain.
R. SECTION 21130.04 (FENCING /SCREENING/LANDSCAPING —TREE
PRESERVATION) IS HEREBY AMENDED AS FOLLOWS:
21130.04. TREE PRESERVATION: A tree preservation plan shall be submitted in
conjunction with any proposal that includes a subdivision application, in accordance with
Chapter 5 of the City Code. (Amended by Ord. No. 2002 -02, 01122102)
S. SECTION 21135.05 (OFF - STREET PARKING AND LOADING — SCREENING AND
LANDSCAPING), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Off -Street Loading Areas. Loading areas established after 7 March 1995
shall be prohibited within three hundred (300) feet of residentially zoned or guided property
unless completely screened by an intervening building. Loading areas not screened by an
intervening building shall be screened from adjacent residentially zoned or guided property by
the use of berms, fences, or walls to provide one hundred (100) percent opacity to a height of at
least ten (10) feet. The height of the screening shall be measured from the grade of the loading
areas. (Amended by Ord. No. 2000 -06, 02129100)
T. SECTION 21135.07 (OFF - STREET PARKING AND LOADING — PARKING AREA
AND DESIGN), SUBD. 1 (A) IS HEREBY AMENDED AS FOLLOWS:
(a) Except in the FRD District and except for residential uses in the RSF -1 and RSF -2
Districts, all exposed parking areas and driveways shall be surfaced with asphalt,
concrete, or an equivalent surfacing material(including porous pavement options) as may
be approved by the Zoning Administrator. For all uses in the FRD District and for
residential uses in the RSF -1 and RSF -2 Districts, parking areas and driveways located
within front yards shall be surfaced with asphalt, concrete, class 5 gravel, or other
surfacing material as may be approved by the Zoning Administrator. (Amended by Ord.
No. 2001 -06, 02113101)
23
U. SECTION 21135.14 (OFF - STREET PARKING AND LOADING —OFF- STREET
LOADING SPACE, DESIGN AND MAINTENANCE), SUBD. 4 (C) IS HEREBY
AMENDED AS FOLLOWS:
(c) Distance from Residential Use. Loading areas established after 7 March 1995
shall be prohibited within three hundred (300) feet of residentially zoned or guided
property unless completely screened by an intervening building. Loading areas not
screened by an intervening building shall be screened from adjacent residentially zoned or
guided property by the use of berms, fences, or walls to provide one hundred (100)
percent opacity to a height of at least ten (10) feet. The height of the screening shall be
measured from the grade of the loading areas. (Amended by Ord. No. 2000 -06, 02129100)
V. SECTION 21350.07 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT
CONDITIONAL USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
W. SECTION 21350.11 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT —
USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21350.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a FRD District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas located upon a public structure or existing tower as regulated by
Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
24
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 4. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd. 5. Outside, above ground storage facilities for fuels used for heating
purposes, or for motor fuel dispensing purposes related to an approved principal use, but not for
sale, subject to the same conditions as allowed in the O District. (Amended by Ord. No. 2002 -02,
01/22/02)
Subd. 6. Temporary structures as regulated by Section 21167 of this Chapter.
Subd. 7. Transient merchants, including but not limited to produce.
X. SECTION 21355.07 (RSF -1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1— CONDITIONAL USES), SUBD. 7 IS HEREBY AMENDED AS FOLLOWS:
Subd. 7. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
Y. SECTION 21355.11 (RSF -1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1 —USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21355.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a RSF -1 District by administrative permit as
may be issued by the Zoning Administrator:
Subd. 1. Accessory dwelling units in accordance with Section 21190.04 of this
Chapter.
Subd. 2. Antennas located upon a public structure or existing tower, as regulated by
Section 21175 of this Chapter.
Subd. 3. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
25
Subd. 4. Outside, above ground storage facilities for fuels used for heating
purposes, or for motor fuel dispensing purposes related to an approved principal use, but not for
sale, subject to the same conditions as allowed in a C -1 District.
Subd. 5. Essential services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
Subd. 6. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 7. Model homes, temporary as regulated by Section 21165 of this Chapter.
Subd. 8. Real estate offices, temporary as regulated by Section 21165 of this
Chapter.
Subd. 9. Temporary structures as regulated by Section 21167 of this Chapter.
(Amended by Ord. No. 2002 -24, 06125102)
Z. SECTION 21360.07 (RSF -2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2— CONDITIONAL USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
AA. SECTION 21450.07 (O, OFFICE DISTRICT -- CONDITIONAL USES), SUBD. 8 IS
HEREBY AMENDED AS FOLLOWS:
Subd. 8. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that:
26
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
BB. SECTION 21450.11 (O, OFFICE DISTRICT —USES BY ADMINISTRATIVE
PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21450.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in the O District by administrative permit as may
be issued by the Zoning Administrator: (Amended by Ord. No. 2002 -02, 01122102)
Subd. 1. Antennas located upon an existing structure or tower as regulated by
Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 4. Model homes, temporary as regulated by Section 21165.
Subd. S. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd. 6. Outside, above ground storage facilities for fuels used for heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to the
approved principal use, but not for sale. Such facilities shall be limited to liquefied petroleum
and propane gas used for standby heating and to equipment used for dispensing such gaseous
fuels to vehicles and containers which are used in conjunction with the allowed principal use.
The location and design of such facilities for new developments shall be included with the site
plan submitted for review and approval as required by this Chapter. The location and design of
such facilities for existing developments in all cases shall be subject to the approval of the
Zoning Administrator and the following criteria: (Amended by Ord. No. 2001 -06, 02113101)
27
(a) The design, construction, and location of the equipment must comply with State
and City codes including appropriate National Fire Protection Association specifications,
Minnesota Uniform Fire Code requirements and manufacturer's specifications.
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of the storage equipment, including any fencing
and landscaping relating to the safety and screening of the equipment.
(c) Solid wall enclosures should not be used to assure that fire hose streams can be
directed onto the storage equipment with minimal obstruction.
(d) Equipment must be located so as not to obstruct approved parking spaces, driving
aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
section, "signage" includes words, graphics, logos, and symbols.
Subd. 7. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 8. Temporary mobile towers for personal wireless service antennas.
Subd. 9. Temporary structures as regulated by Section 21167 of this Chapter.
(Amended by Ord. No. 2002 -02, 01122102)
CC. SECTION 21455.03 (C -1, CONVENIENCE COMMERCIAL DISTRICT —
PERMITTED USES), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Beauty salons and day spas.
DD. SECTION 21455.07 (C -1, CONVENIENCE COMMERCIAL DISTRICT —
CONDITIONAL USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
28
EE. SECTION 21455.11 (C -1, CONVENIENCE COMMERCIAL DISTRICT —USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21455.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a C -1 District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or tower as regulated by
Section 21175 of this Chapter.
Subd. 2. Essential Services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 4. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd. 5. Open or outdoor sales, rental or display as an accessory use in association
with an allowed principal use provided that:
(a) The area so occupied shall not exceed ten (10) percent of the principal building.
(b) No storage or display of merchandise shall be permitted in required rear, side or
front yards and shall be limited to the area of the customer entrances.
(c) The outdoor sales, rental or display area shall be included in the calculations for
parking spaces required for the use and shall not occupy space required for parking as
stipulated by Section 21135 of this Chapter, except as may be exempted for cause by the
Zoning Administrator.
Subd. 6. Outside, above ground storage facilities for fuels used for heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to the
approved principal use, but not for sale. Such facilities shall be limited to liquefied petroleum
and propane gas used for standby heating and to equipment used for dispensing such gaseous
fuels to vehicles and containers which are used in conjunction with the allowed principal use.
The location and design of such facilities for new developments shall be included with the site
29
plan submitted for review and approval as required by this Chapter. The location and design of
such facilities for existing developments in all cases shall be subject to the approval of the
Zoning Administrator and the following criteria: (Amended by Ord. No. 2000 -06, 02129100)
(a) The design, construction, and location of the equipment must comply with State
and City codes including appropriate National Fire Protection Association specifications,
Minnesota Uniform Fire Code requirements, and manufacturer's specifications.
(b) An accurate site plan for the development based upon a certified survey, shall be
submitted showing to scale the location of the storage equipment, including any fencing
and landscaping relating to the safety and screening of the equipment.
(c) Solid wall enclosures should not be used to assure that fire hose streams can be
directed onto the storage equipment with minimal obstruction.
(d) Equipment must be located so as not to obstruct approved parking spaces, driving
aisles, fire lanes, utility easements, or required building ingress or egress points.
(e) No signage shall be permitted, other than required safety information, product
identification, product hazards, and operation instructions. For the purpose of this
section, "signage" includes words, graphics, logos, and symbols.
Subd. 7. Other uses of the same general character as those listed as a permitted use
in this District.
Subd. 8. Temporary mobile towers for personal wireless service antennas as
regulated by Section 21175 of this Chapter.
Subd. 9. Temporary, outdoor events and sales subject to the following criteria:
(a) Special Events (except Carnivals).
(1) Such activity is directed towards the general public and includes grand
openings, craft shows, flea markets, mechanical and animal rides and displays of
materials that are typically not sold or serviced on the site.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed three (3) consecutive calendar days per event.
(3) There shall be no more than two (2) special events per calendar year per
property. However, each tenant in a multi -tenant building shall be permitted one
(1) special event per year.
(b) Carnivals.
30
(1) The applicant must submit a carnival license application as required by
Section 1100 of the City Code.
(2) The event shall not exceed the period specified in the administrative
permit and in no case shall exceed seven (7) consecutive calendar days per event.
(3) There shall be no more than one (1) carnival per calendar year per
property.
(c) Outdoor Sales, including but not limited to transient merchants and transient
produce merchants (excluding Christmas Tree Sales).
(1) Such activity is directed towards the general public and includes
warehouse sales, sidewalk sales, inventory reduction or liquidation sales,
distressed merchandise sales, seasonal merchandise sales (except Christmas trees),
and transient merchant and transient produce merchant sales.
(2) The following specific standards shall apply to all proposed temporary
outdoor sales activities allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for temporary outdoor sales activities
shall be the period specified in the administrative permit and, in no case,
shall exceed sixty (60) 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. Businesses with a conditional use permit allowing business activity
outside the building on December 10, 1990 may obtain an administrative
permit for up to 30 additional days for temporary outside sales, provided
that the total number of days does not exceed 90 days per calendar year per
property.
e. Sales of fireworks shall be prohibited under this provision, and are
addressed by Section 1110 of the City Code.
(d) Outdoor Christmas Tree Sales.
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(1) Such activity is directed towards the general public and consists of the
outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday
decorations and related products.
(2) The following specific standards shall apply to all proposed outdoor
Christmas tree sales allowed by this paragraph and by City Code business
licensing provisions in addition to other applicable building and safety code
requirements as determined by the Zoning Administrator.
a. The maximum total time for sales activities shall be the period
specified in the administrative permit and, in no case, shall exceed forty -
five (45) days per calendar year per property.
b. There shall be no more than one (1) sales activity per year per
property, which shall be in addition to any special events or other outdoor
sales permitted on the property.
C. Sales activities may be conducted within a required yard provided
the area is paved and the activity does not interfere with parking, traffic
circulation or emergency vehicle access. Sales on unpaved landscaped
areas is prohibited.
(e) General Standards.
(1) The event shall be clearly accessory to or promoting the permitted or
conditional use approved for the site. Only merchandise which is normally
manufactured, sold, or stocked by the occupant on the subject premises shall be
sold and/or promoted.
(2) Tents, stands, and other similar temporary structures may be utilized,
provided they are clearly identified on the submitted plan and provided that it is
determined by the Zoning Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(3) The submitted plan shall clearly demonstrate that adequate off - street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
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
32
FF
by authorized enforcement officers, as approved in writing by the Director of
Public Safety, at the petitioner's expense.
(4) Signage related to the event shall be in compliance with the temporary
sign standards of Section 21155 and shall be allowed for the duration of the
event. The Zoning Administrator may authorize special signage for purposes of
traffic direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(4) The approved permit shall be displayed on the premises for the duration of
the event.
(5) All activity related to the temporary outdoor event or sale must take place
within the time permitted in the administrative permit. No buildings, equipment
or materials may be erected or displayed prior to the start date identified in the
permit application and all structures, equipment and displays must be removed by
the end date identified in the administrative permit.
(Amended by Ord. No. 99 -20, 07120199)
Subd. 10. Temporary structures as regulated by Section 21167 of this Chapter.
SECTION 21470.03 (C -4, COMMUNITY COMMERCIAL DISTRICT — PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21470.03. PERMITTED USES: The following are permitted uses in the C -4 District:
Subd. 1. All permitted uses as allowed in a C -1, C -2 and C -3 District.
Subd. 2. Antique shops, including incidental restoration.
Subd. 3. Appliance and electronic stores including incidental repair and assembly
but not fabricating or manufacturing.
Subd. 4. Boat, marine, snowmobile sales, enclosed.
Subd. 5. Body art establishments.
Subd. 6. Books, office supplies and equipment, or stationary stores and sales.
Subd. 7. Building supply sales within the principal structure.
Subd. 8. Carpet, rugs and tile retail sales.
Subd. 9. Coin and philatelic stores.
Subd. 10. Clothes, rental and sales.
Subd. 11. Department, discount, and warehouse stores.
Subd. 12. Dry cleaning including plant and accessory, pressing and
repairing.
Subd. 13. Fabric and notions sales and store.
Subd. 14. Furniture stores.
Subd. 15. Furriers when conducted only for retail trade on premises.
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Subd. 16.
Garden supply stores.
Subd. 17.
Grocery, superstores.
Subd. 18.
Jewelry stores.
Subd. 19.
Leather goods and luggage stores.
Subd. 20.
Music (instruments, equipment, tapes, compact discs, etc.) shops and
sales.
Subd. 21.
Pawn shops.
Subd. 22.
Sewing machine sales and service.
Subd. 23.
Theaters, not of the outdoor drive -in type.
Subd. 24.
Toy stores.
(Amended by Ord. No. 98 -23, 07108198)
GG. SECTION 21475.05 (CC, CITY CENTER DISTRICT — PERMITTED USES), SUBD. 2
(H) IS HEREBY AMENDED AS FOLLOWS:
(h) Beauty salons and day spas.
HH. SECTION 21475.09 (CC, CITY CENTER DISTRICT — CONDITIONAL USES),
SUBD. 1 (D) IS HEREBY AMENDED AS FOLLOWS:
(d) Essential service structures (as defined by Section 21005 of this Chapter) that
exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public work type facilities, provided
that:
(1) Equipment is completely enclosed in a permanent structure with no
outside storage.
II. SECTION 21475.13 (CC, CITY CENTER DISTRICT —USES BY ADMINISTRATIVE
PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21475.13. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a CC District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or tower.
Subd. 2. Essential services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
34
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 4. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd. 5. Open or outdoor sales, rental or display as an accessory use in association
with an allowed principal use subject to the requirements and stipulations of Section 21455.11,
Subd. 4.
Subd. 6. Other uses of the same general character as those listed as a permitted use
in this district and the respective sub - district.
Subd. 7. Outside, above ground storage facilities for fuels used for heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to the
approved principal use, but not for sale, subject to the requirements and stipulations of Section
21455.11, Subd. 5. (Amended by Ord. No. 2001 -06, 02113101)
Subd. 8. Temporary mobile towers for personal wireless service antennas.
Subd. 9. Temporary outdoor events and sales subject to the requirements and
stipulations of Section 21455.11, Subd. 8. (Amended by Ord. No. 99 -20, 07120199)
Subd. 10. Temporary structures as regulated by Section 21167 of this Chapter.
(Amended by Ord. No. 2000 -06, 02129100)
JJ. SECTION 21550.07 (C -5, COMMERCIAL/INDUSTRIAL DISTRICT —
CONDITIONAL USES), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
35
KK. SECTION 21555.07 (B -C, BUSINESS CAMPUS DISTRICT -- CONDITIONAL USES),
SUBD. 6 IS HEREBY AMENDED AS FOLLOWS:
Subd. 6. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(Amended by Ord. No. 2001 -06, 02113101)
LL. SECTION 21555.11 (B -C, BUSINESS CAMPUS DISTRICT — USESBY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21555.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in a B -C District by administrative permit as may
be issued by the Zoning Administrator:
Subd. 1. Antennas located upon an existing structure or tower as regulated by
Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 4. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd. 5. Outside, above ground storage facilities for fuels used for heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to an
approved principle use, but not for sale, subject to the same conditions as allowed in a C -1
District. (Amended by Ord. No. 2001 -06, 02113101)
36
Subd. 6. Temporary mobile towers for personal wireless service antennas as
regulated by Section 21175 of this Chapter.
Subd. 7. Temporary outdoor events and sales subject to the same provisions as
required in Section 21455.11 Subd. 8 of this Chapter. (Amended by Ord. No. 99 -20, 07120199)
Subd. 8. Temporary structures as regulated by Section 21167 of this Chapter.
MM. SECTION 21650.03 (P -I, PUBLICANSTITUTIONAL DISTRICT — PERMITTED
USES) IS HEREBY AMENDED AS FOLLOWS:
21650.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the
following are permitted uses in the PI District:
Subd. 1. Day care facilities.
Subd. 2. Educational facilities, including public and private accredited nursery,
elementary, middle or junior high, and high schools.
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. Nursing homes, residential care facilities, and similar group housing, but
not including hospitals, sanitariums, or similar institutions.
Subd. 5. Parks, playgrounds, trails, athletic and recreational fields and related
buildings.
Subd. 6. Private clubs and lodges.
Subd. 7. Publicly owned civic or cultural buildings, such as libraries, city offices,
fire stations, auditoriums, public administration buildings and historical developments.
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 receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 9. Religious institutions, such as chapels, temples, synagogues, and mosques
limited to worship and related social events.
Subd. 10. Trade schools.
37
NN. SECTION 21650.07 (P -I, PUBLICANSTITUTIONAL DISTRICT — CONDITIONAL
USES), SUBD. 10 IS HEREBY AMENDED AS FOLLOWS:
Subd. 10. Essential service structures (as defined by Section 21005 of this Chapter)
that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities, provided that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
00. SECTION 21650.11 (P -I, PUBLIC/INSTITUTIONAL DISTRICT —USES BY
ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS:
21650.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in an PI District by administrative permit as may
be issued by the Zoning Administrator.
Subd. 1. Antennas located upon a public structure or existing tower, as regulated by
Section 21175 of this Chapter.
Subd. 2. Essential services requiring a permit from the City Engineer as provided
by Section 21160 of this Chapter.
Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter)
that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health,
safety and general welfare of the City, excluding public works type facilities and uses, provided
that:
(a) Equipment is completely enclosed in a permanent structure with no outside
storage.
(b) Landscaping is provided to screen any such structure.
Subd. 4. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd 5. Outside storage as a principle or accessory use subject to the same
conditions as allowed in a C -3 District.
Subd. 6. Outside, above ground storage facilities for fuels used for heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to an
approved principle use, but not for sale, subject to the same conditions as allowed in a C -1
District. (Amended by Ord. No. 2001 -06, 02113101)
38
Subd. 7. Temporary mobile towers for personal wireless service antennas, as
regulated by Section 21175 of this Chapter.
Subd. 8. Temporary outdoor promotional and sales activities beyond the confines of
the principal building.
Subd. 9. Temporary structures as regulated by Section 21167 of this Chapter.
PP. SECTION 21655.05 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT — SKETCH
PLAN) IS HEREBY AMENDED AS FOLLOWS:
21655.05 PRE- APPLICATION SKETCH REVIEW: Prior to the filing of a PUD
general plan application, the applicant may submit a sketch of the project to the Zoning
Administrator. The sketch will be reviewed in accordance with Section 21045.03 of this
Chapter.
(Amended by Ord. No. 2000 -06, 02129100)
QQ. SECTION 21665.03 (SHORELAND MANAGEMENT OVERLAY DISTRICT —
GENERAL PROVISIONS), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
21665.03. GENERAL PROVISIONS:
Subd. 1. Lands to which Subdivision Applies and Classification of Public Waters.
(a) This section shall apply to all lands within the jurisdiction of the City of Plymouth
and which are located within the shoreland areas of those public waters which have been
defined and classified by the Commissioner of the Department of Natural Resources
pursuant to Minnesota Statutes and State Regulations, and which are shown on the
Shoreland Management Map which shall be considered a part of the Official Zoning Map
and this Chapter.
(b) The following public waters have been classified for purposes of this Chapter by
the Commissioner of the Department of Natural Resources; the lakes include: Pike, Bass,
Camelot (formerly known as Mud), Pomerleau, Schmidt, Lost, Turtle, Medicine, Parkers,
Kreatz, Snyder, Mooney, Hadley, Gleason, and Cavanaugh; and, the tributary streams
include: Elm Creek, Bass Creek, Plymouth Creek and the unnamed tributary located in
Section 2 in the vicinity of Eagle and Pike Lakes (commonly referred to as Pike Creek).
The unnamed tributary running from Basin 583 in Section 13 to the municipal boundary
in Section 13 (commonly referred to as Lost Creek) shall be exempt from the provisions
of this Section. (Amended by Ord. No. 2002 -02, 01122102)
(c) The defined shorelands of these public waters are those governed by this section.
These public waters have been classified by the Commissioner of the Department of
39
Natural Resources pursuant to Minnesota Statutes and Minn. Reg. Parts
6120.2500- 6120.3900 as follows:
(1) General Development (GD) The following lakes: Bass (98P), Lost
(103P), and Medicine (104P).
(2) Recreational Development (RD) The following lakes: Gleason (95P),
Hadley (109P), Kreatz (108P), Snyder (468P), Mooney (134P), Parkers (107P),
Pike (111 P), Schmidt (102P), Turtle (101 P), and Cavanaugh (110P).
(3) Natural Environment (NE) The following lakes: Camelot (99P) and
Pomerleau (100P).
(4) Tributary Streams (TS) -- The following creeks: Bass Creek (from Basin
98 in Section 2 to Basin 571 in Section 1 and from Basin 599 in Section 8 to
Basin 98 in Section 11); Elm Creek (from Section 7 to Section 5); Plymouth
Creek (from Section 17 to Basin 104 in Section 26); and the unnamed tributary
located in Section 2 in the vicinity of Eagle and Pike Lakes (commonly referred to
as Pike Creek). The unnamed tributary running from Basin 583 in Section 13 to
the municipal boundary in Section 13 (commonly referred to as Lost Creek) shall
be exempt from the provisions of this Section. (Amended by Ord. No. 2002 -02,
01/22/02)
(Amended by Ord. No. 2002 -32, 11126102)
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TABLE 1
CLASSIFICATION OF LAKES
Lake Name
DNR I.D. No. and
Class
Location(Section)
O.H.W.L.(in feet)
Bass
98P / GD
2,11
906.1
Camelot
99P / NE
3,4
967 -967.5
Cavanaugh
110P/RD
34
954
Gleason
95P / RD
5,32
944.1
Hadley
109P / RD
31
961.4
Kreatz
108P / RD
29,30
972.3
Lost
103P / GD
13
939.8
Medicine
104P / GD
14,23-26
889.1
Mooney
134P / RD
30,25
988
Parkers
107P / RD
28,33
935.9
Pike
111P/RD
1,2
874.2
Pomerleau
100P / NE
4,9
937
Schmidt
102P / RD
11
924.3
Snyder
468P / RD
30
977 est.
Turtle
101P / RD
9,16
963.8 (No.)
963.2 So.
NOTE: Refer to text and to Shoreland Management Area Map for Details
GD-- General Development RD-- Recreational Development NE-- Natural Environment
O.H.W.L.-- Ordinary High Water Level
(Amended by Ord. No. 2002 -32, 11126102)
TABLE 2
NAMES AND LOCATIONS OF TRIBUTARY STREAMS (TS)
Tributa Name Common/Official
Location Sections
Bass Creek / same
1, 2, 4, 5, 8, 9, 10, 11
Elm Creek / same
5, 6, 7
Pike Creek / unnamed
2
Plymouth Creek / same
16, 17, 21, 22, 26, 27
113
Lost Creek / unnamed (Exempt)
NOTE: Refer to text and to Shoreland Management Area Map for Details
(Amended by Ord. No. 2002 -02, 01122102)
41
RR. SECTION 21665.04 (SHORELAND MANAGEMENT OVERLAY DISTRICT —
GENERAL DENSITY AND DESIGN STANDARDS), SUBD. 2 (e) (4) IS HEREBY
AMENDED AS FOLLOWS:
(4) Structural setback requirements from the Ordinary High Water Level may
be altered without variance as follows:
a. To conform with the setbacks of existing principal structures on
the lots on both sides of the subject lot; provided, however, the subject lot
is not in a Shore Impact Zone or Bluff Impact Zone as defined by this
Chapter, and the approved altered setback is no less than the average
setback of the existing principal structures on the abutting lots or that
established in the underlying zoning district, including the Flood Plain
Overlay District whichever is greater.
b. To allow the addition of an attached deck to a structure that
lawfully existed on the effective date of this section, provided all of the
following are met:
1. A thorough evaluation of the property and structure reveals
no reasonable location for an attached deck meeting or exceeding
the existing ordinary high water level setback of the structure;
2. The deck encroachment toward the ordinary high water
level does not exceed fifteen percent of the existing shoreline
setback of the structure from the ordinary high water level or does
not encroach closer than thirty feet, whichever is more restrictive;
3. The deck is constructed primarily of wood, and is not
roofed or screened;
4. The resulting structure setback from the property line is not
less than the minimum established by this Chapter for the
underlying zoning district.
SS. SECTION 21665.04 (SHORELAND MANAGEMENT OVERLAY DISTRICT —
GENERAL DENSITY AND DESIGN STANDARDS), SUBD. 4 (a) IS HEREBY
AMENDED AS FOLLOWS:
(a) The total area of all impervious surfaces on a lot shall not exceed twenty -five (25)
percent of the total lot area lying above the ordinary high water level.
42
TT. SECTION 21670.04 (WETLANDS DISTRICT — GENERAL STANDARDS) IS
HEREBY AMENDED AS FOLLOWS:
21670.04. GENERAL STANDARDS: The following standards apply to all lands within
and/or abutting a wetland:
Subd. 1. Septic and soil absorption systems must be setback 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 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 shall be followed to avoid
erosion and sedimentation during the construction process.
Subd. 5. 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, the lot owner shall:
(a) Record a notice of the wetland buffer requirement against the title to the lot with
the office of the Hennepin County Recorder or Registrar of Titles, and
(b) Install the wetland monumentation required by Section 21670.07. of this Chapter.
Subd. 7. In cases where a site is not subject to the wetland buffer strips and
setbacks required by Section 21670.05, buildings shall be set back not less than fifteen (15) feet
from a wetland edge.
UU. SECTION 21670.06 (WETLANDS DISTRICT — ALTERNATIVE WETLAND
BUFFER STRIPS AND SETBACKS: WITH EXTRAORDINARY MANAGEMENT
MEASURES), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. The City Council shall evaluate the appropriateness of using the
alternative standards as part of a pre - application sketch review, as outlined in Section 21045.03
of this Chapter. City council approval of alternative wetland buffer strips must be obtained
through this review process prior to submittal of a preliminary plan or plat application that
applies alternative wetland buffer strip standards. (Amended by Ord. No. 2002 -02, 01122102)
43
VV. SECTION 21670.09 (WETLANDS DISTRICT — ENCROACHMENT IN REQUIRED
SETBACK AND BUFFER AREAS), SUBD. 1 IS HEREBY AMENDED AS
FOLLOWS:
Subd.1. Patios and decks may encroach up to a maximum of six (6) feet into
required structure setback areas. Porches may not encroach into required setback areas. Buffer
and wetland areas must be kept free of all structures and features, including fences and play
equipment. Any fence located within the required structure setback area shall be designed and
constructed to allow storm water to flow through or under such fence.
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on January 13, 2004.
ATTEST:
L Sandra R. Paulson, City Clerk
44