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HomeMy WebLinkAboutCity Council Ordinance 2005-01CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2005-01 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2004118) THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendments. The text of Chapter 21 of the Plymouth City Code is hereby amended as follows: A. SECTION 21005.02 (RULES AND DEFINITIONS -DEFINITIONS) IS HEREBY AMENDED BY ADDING, DELETING, OR CHANGING THE FOLLOWING DEFINITIONS AS FOLLOWS: Manor Home: A residential structure with three (3) to igl—h -,or more units with each unit having a separate entrance/exit. There may be more than one (1) floor and an attached garage space. Townhouse: A single structure consisting of at least three (3) bt4 flet more than eight -(8) dwelling units having the first story at or near the ground level with no other dwelling units or portions thereof directly above or below, and each unit having direct exterior access with no sharing of an common hallway for entry. B. SECTION 21020.02 (INTERIM USES -PROCEDURE) IS HEREBY AMENDED AS FOLLOWS: 21020.02. PROCEDURES: Subd.1. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Section 21015 of this Chapter. 1 Subd. 2. Effect of Permit. An "interim use permit" for seasonal farmer's market and produce sales may be issued for a period of up to eight months per calendar year after which the permit may be reissued for up to eight month periods per calendar year by thug Administrator. The interim use permit may be reissued if the farmers market or produce sale is consistent with the original interim use permit approval, and is in compliance with Section 21460.09, Subd. 2 of this Chapter. C. SECTION 21045.07 (SITE PLAN REVIEW -INFORMATION REQUIREMENT), SUBD. 2 AND SUBD. 3 IS HEREBY AMENDED AS FOLLOWS: Subd. 2. Grading/Storm Water Drainage Plan. (a) Name and address of developer/owner. (b) Name and address of architect/designer. (c) Date of plan preparation. (d) Dates and description of all revisions. (e) Name of project or development. (f) Scale of plan (engineering scale only, at one (1) inch equals fifty (50) feet or less). (g) North point indication. (eh) Existing contours at two (2) foot intervals. (bJ Proposed grade elevations, two (2) foot maximum intervals. (ei) Drainage plan including configuration of drainage areas and calculations. I (dk) Storm sewer, catch basins, invert elevations, type of castings, and type of materials. (el) Spot elevations. I (fin) Proposed driveway grades. I (g_n) Surface water ponding and treatment areas. I (limo) Erosion control measures. Subd. 3. Landscape Plan. F) (a) Name and address of developer/owner. (b) Name and address of architect/designer. (c) Date of plan preparation. (d) Dates and description of all revisions. (e) Name of project or development. (fl Scale of plan (engineering scale only, at one (1) inch equals fifty (50) feet or less). (g) North point indication. (h) ja—Planting Schedule (table) containing: (1) Symbols. (2) Quantities. (3) Common names. (4) Botanical names. (5) Sizes of plant material. (6) Root specification (bare root, balled and burlapped, potted, etc.) (7) Special planting instructions. (ki) Tree preservation plan and reforestation plan, as may be applicable pursuant to Chapter 5 of the City Code. (Amended by Ord. No. 2002-02, 01/22/02) (ej,) Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone). (dk) Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like. (el) Typical sections of landscape islands and planter beds with identification of materials used. (€m) Details of planting beds and foundation plantings. 3 (gn) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. (ho) Delineation of both sodded and seeded areas with respective areas in square feet. (ip) Coverage plan for underground irrigation system, if any. (}g) Where landscape or man-made materials are used to provide screening from adjacent and neighboring properties, a cross -through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation. (kr) Other existing or proposed conditions which could be expected to affect landscaping. D. SECTION 21100.02 (NON -CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS: Subd. 5. Non -Conforming Uses. (a) Effective Date. The lawful use of buildings or land existing at the effective date of this Chapter which does not conform to the provisions of this Chapter may be continued, unless: (1) the nonconformity or occupancy is discontinued :for a period of more than one (1) year, or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value, as determined by the building official and no building permit has been applied for within 180 days of when the pro gqy is damaged ' pror'1i e , however, that no suh non eenfeming use of land shall b enlarge 1 ner- ed, nor- sha-1-1. any sueh non eenferraing use be expanded to eeeupy a greater are of land than that oeoupied by such use at the time of the adoption of this Chapter, He shall any stieh non eenfi3nning use be moved to any ether part ef the pafeel of land upeft whieh the same was eendueted M the time of the adoption of this Chapter-. (b) Continued Use. A lawful, non -conforming use may be continued, including through repair, replacement, restoration, maintenance, or improvement' provided however, that no such non -conforming use of land shall be enlarged increased nor shall any such non -conforming use be expanded to occupy a greater area of land than that occupied by such use at the time of the adoption of this Chapter, nor shall any such non- conforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this Chapter. shall. not be enlarged, but may be eentirmed at the same size and in the same manner of operation as it existed on the date i beeui.iv r1�gu[r11� non lt ept hereinafter- ®i (Amended by Ord. No. - 2002-02, 01/22/02) (c) Changes to Non -Conforming Uses. 4 (1) When a lawful non -conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non -conforming use. (2) A lawful non -conforming use of a structure or parcel of land may be changed to lessen the non -conformity of use. Once a non -conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non -conformity. 01 W-11111 E. SECTION 21100.02 (NON -CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS), SUBD. 7 IS HEREBY AMENDED AS FOLLOWS: Subd. 7. Non -Conforming Lots. (a) Vacant or Redeveloped Lots. M�1fM�a�'N9��AWdA�11N � �I�1MaF'XIN Y111YIM7aYWB1Yf1iYiKwX.' -.. . IAMiRi1IMl!1RRWMNWIlN7IWM W. (2) Single Family Detached Dwellings. Legal non -conforming, vacant, substandard sized lots of record may be developed for single family detached dwellings upon approval of an administrative permit by the Zoning Administrator, provided that: a7 l) The lot in question was legally established in accordance with Chapter requirements existing at the time of its creation and is a separate, distinct tax parcel. bQ The lot is properly zoned for single family land uses. 5 E0) Minimum Lot Size. --a. Sewered Lots. A lot of record having direct access to municipal sewer and water may be developed in accordance with this Chapter provided measurements for lot area and width are within seventy (70) percent of the requirements of the base zoning district. 2b. Unsewered Lots. A lot of record not having access to municipal sewer and water may be developed provided it complies with Section 21115.08 and other applicable standards of this Chapter. (Amended by Ord. No. 2000-06, 02/29/00) d-.(4) The lot in question has frontage on a public street. e:M Public health concerns (potable water and sanitary sewer) can be adequately provided. The setback and yard requirements of the applicable zoning district or Section 21115.04 of this Chapter can be achieved while simultaneously resulting in development which complies with the character and quality of the immediate area and the objectives of the City's Comprehensive Plan and Zoning Ordinance. &U77 The lot in question and related potential development is evaluated based upon criteria outlined in Section 21015.02, Subd. 5. and is found to be acceptable per these standards. (b) Developed Lots. An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this Chapter. (Amended by Ord. No. 99-5, 01/19/99) F. SECTION 21105.11 (GENERAL BUILDING AND PERFORMANCE STANDARDS - OUTSIDE STORAGE/DISPLAY) IS HEREBY AMENDED AS FOLLOWS: Subd.1. General. (a) Passenger automobiles and trucks not currently licensed by the State, or which are incapable of movement under their own power due to mechanical deficiency, which are parked or stored outside for a period in excess of ninety-six (96) hours, and all materials 0 stored outside in violation of the City Ordinances are considered refuse or junk and shall be disposed of pursuant to City regulations. (b) Any accumulation of refuse not stored in containers which comply with City Code, or any accumulation of refuse including car parts which has remained on a property for more than one (1) week is hereby declared to be a nuisance and may be abated by order of the Zoning Administrator, as provided by Minnesota Statutes and Section 2010 of the City Code. The cost of abatement shall be recovered in accordance with the applicable provisions of Section 2010 of the City Code. (c) In the FRD, RSF, RMF, O, C-1, C-2, CC, and B -C districts, outside storage, including but not limited to equipment storage and the parking of vehicles, shall be prohibited as a principal use of property. (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2002-02, 01/22/02) Subd. 2. Residential Zoning Districts. (a) Exceptions. All personal property shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: (1) Basketball hoop, provided it is set back at least six (6) feet from any lot line. (2) Stacked firewood for the burning supply of the property resident may be located in a side, rear, or equivalent yard. (3) Construction and landscaping materials or equipment, if these are used or intended for use on the premises within a period of three (3) months, unless there is an active building permit issued for improvements on the property, or as otherwise approved by the Zoning Administrator. (4) Agricultural equipment and materials, if these are used or intended for use on the premises within a period of twelve (12) months. (5) Off-street parking of licensed passenger automobiles and personal or commercial vehicles of less than twelve thousand (12,000) pounds gross vehicle weight rating (GVWR) in a designated driveway or parking area that is surfaced in compliance with Section 21135.07, Subd. 1. of this Chapter. (6) Recreational equipment. (7) Recreational vehicles and recreational camping vehicles, provided they are located in a side or rear yard, or in a designated driveway or parking area that is surfaced in compliance with Section 21135.07, Subd. 1. of this Chapter. 7 (8) One non -vehicular ice -fishing house may be located in a rear or equivalent rear yard, provided it is set back at least six (6) feet from any lot line. (Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2002-02, 01/22/02) Subd. 3. Commercial, Public/Institutional and Industrial Zoning Districts. (a) Outside Storage/Display. Exterior storage and display shall be governed by the respective zoning district in which such use is located. (b) Additional Standards. All exterior storage shall be located in the rear or side yards -and -shall be screened se as ret to be-Aible with materials of 90 percent or more opacity, and shall screen views from adjoining properties and public streets except for the following: (Amended by Ord. No. 99-5, 01/19/99) (1) Merchandise being displayed for sale in accordance with zoning district requirements. (2) Materials and equipment currently being used for construction on the premises. (c) Parking of Commercial Vehicles. Up to three (3) commercial vehicles such as delivery and service trucks up to twelve thousand (12,000) pounds gross vehicle weight rating (GVWR) may be parked without screening if such vehicles relate to the principal use. Construction equipment, trailers, and vehicles over twelve thousand (12,000) pounds gross vehicle weight rating (GVWR) shall require screening in compliance with Section 21130 of this Chapter. Subd. 4. All Zoning Districts. (a) Except for temporary construction trailers and mobile services operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the City, and trailers parked in a designated and improved loading area, no vehicle may be used for office, business, industrial manufacturing, testing, or storage of items used with or in a business, commercial or industrial enterprise, unless otherwise approved by the Zoning Administrator. (b) The City Council may order the owner of any property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare. N G. 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 feet into a r-equifed . Window wells and their related covers shall not encroach in existing or required drainage or utility easements, unless approved by the City Engineer. (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, 06/25/02) (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, 06/25/02). (Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. No. 2004-02, 01/13/04) H. SECTION 21120.08 (ACCESSORY BUILDINGS, STRUCTURES, AND USES - TRASH RECEPTACLES) IS HEREBY AMENDED AS FOLLOWS: 21120.08. TRASH RECEPTACLES: Except as otherwise provided, all buildings having exterior trash receptacles shall provide an enclosed area in conformance with the following: Subd. 1. Exterior wall treatment shall be similar and/or complement the principal building. Subd. 2. The enclosed trash receptacle area shall be leeated in the rear- or- side yard and shall comply with the setback requirements of Section 21120.05 of this Chapter. (Amended by Ord. No 2002-32, I 1 /26/02) E Subd. 3. The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation. Subd. 4. The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way. Subd. 5. The design and construction of the trash enclosure shall be subject to the approval of the Building Official. Subd. 6. Recycling space shall be provided as required by the Minnesota State Building Code. Subd. 7. Noise emanating from trash collection activities shall be minimized so as not to constitute a nuisance as defined and regulated by Section 2010 of the City Code. (Amended by Ord. No 2002-32, 11/26/02) (Amended by Ord. No. 2000-06, 02/29/00) I. 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. (Amended by Ord. No. 2004-02, 01/13/04) (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. (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 10 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 with a minimum height of three (3) feet 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, 02/29/00) (Amended by Ord. No. 2002-02, 01/22/02) (Amended by Ord. No. 2004-02, 01/13/04) J. SECTION 21135.06 (OFF-STREET PARKING AND LOADING -OFF-STREET PARKING RESTRICTIONS) IS HEREBY AMENDED AS FOLLOWS: 21135.06. OFF-STREET PARKING RESTRICTIONS: Subd.1 Except where otherwise allowed as exterior storage or in a zoning district, trucks with a gross vehicle weight rating (GVWR) of twelve thousand (12,000) pounds or more, or greater than thirty (30) feet in length, as well as contracting or excavating equipment, storage trailers, and mobile storage compartments shall not be parked, stored or otherwise located on any property within the City unless being used in conjunction with a temporary service including, but not limited to, a construction or remodeling_ project benefiting the premises. (Amended by Ord. No. 99-5, 01/19/99) (Amended by Ord. No. 2001-06, 02/13/01) Subd. 2. Junked or inoperable vehicles may not be parked, stored or otherwise located on any property within the City for a period greater than) ninety-six (96) hours unless placed completely within an enclosed building or garage or screened in accordance with the provisions of Section 21130 of this Chapter Subd.3. No motor vehicle repair work of any kind shall be permitted in conjunction with exposed off-street parking facilities, except for minor repairs of vehicles owned by the occupant or resident of the principal use for which the parking space is intended. No exterior storage of car parts are allowed at any time. 11 K. SECTION 21135.11 (OFF-STREET PARKING AND LOADING -NUMBER OF OFF- STREET PARKING SPACES REQUIRED), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS: USE NUMBER OF PARKING SPACES REQUIRED Subd.1. Residential: Single Family Dwellings Two 2 spaces. Two Family Dwellings Two 2 spaces per family unit. Nits iple Family Dwellings, Town- Houses, Manor Homes Two and one-half (2.5) fee free spaces for each living unit, of which one (1) must be enclosed and one guest parking space for every four 4 units. Apartment Dwellings Two and one-half (2.5) fee free spaces for each living unit of which one 1 must be enclosed. Housing for Elderly One and one-half (1.5) spaces for each dwelling unit. L. SECTION 21155.06 (SIGN REGULATIONS -TEMPORARY OUTDOOR PROMOTIONAL EVENTS) IS HEREBY AMENDED AS FOLLOWS: 21155.06. TEMPORARY OUTDOOR PROMOTIONAL EVENTS: The Zoning Administrator may approve signs or other devicesi the purpose of which is to attract attention that do not comply with the standards of this section when such signs or devices are directly related to, and a part of, a temporary outdoor promotional event as defined and regulated by Section 21025. Examples of the signage and devices that may be approved in this matter are spotlights, skytrackers, balloons, portable signage, and similar devices, when such signage and devices are found by the Zoning Administrator to be in conformance with the public health, safety, and welfare. All requests for approval by the Zoning Administrator responsive to this paragraph shall be made with the initial application for a temporary outdoor promotional event as defined and regulated in Section 21455.11, Subd. g9 of this Chapter. (Amended by Ord. No. 98-11, 04/01/98) M. SECTION 21167.01 (TEMPRARY STRUCTURES -PURPOSE) IS HEREBY AMENDED AS FOLLOWS: 21167.01 PURPOSE: The purpose of this section is to provide for the erection of temporary structures (not including model homes,/ temporary real estate offices, construction trailers or temporary classroom structures for use by a public or private school) needed for emergency purposes_ 12 N. SECTION 21177.03 (TELECOMMUNICATIONS RIGHTS-OF-WAY USERS - CONDITIONAL USE PERMIT) IS HEREBY AMENDED AS FOLLOWS: 21177.03. CONDITIONAL USE PERMIT REQUIRED: The following require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. Poles and towers used exclusively for the placement of wireless antennas, provided the following conditions are met: (a) The pole or tower shall not exceed sixtyseventy five (6875) feet in height including antennas, lightning rods, or any other attachments thereto. (b) The pole or tower shall not exceed eei hteen (1.218) inches in diameter. (c) The applicant demonstrates that the antennas cannot be accommodated on an existing tower, building, structure, or on an existing, replaced, or extended utility or light pole located within or outside of a public right-of-way within a one-half (1/2) mile search radius, subject to the criteria and standards provided in Section 21175.04 of this Chapter. (d) The pole or tower complies with the applicable standards and criteria set forth in Section 21175.02, in Section 21177.02, Subd. 2, and in Section 21180 of this Chapter. Subd. 2. Ground mounted equipment that exceeds the size limit specified in Section 21177.02, Subd. 2. (hi). (Amended by Ord. No. 2000-08, 02/29100) (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2002-32, I1 /26102) O. SECTION 21180 (PUBLIC PROPERTY/RIGHTS-OF-WAY) IS HEREBY AMENDED AS FOLLOWS: 21180.01. COVERAGE: The erection and/or placement of any structure in the public right-of-way or on City property by any person, or group other than the City of Plymouth, Hennepin County, Metropolitan Council, the State of Minnesota, or franchised utility shall require the processing of a conditional use permit in accordance with Section 21015 of this Chapter. Exceptions to this provision include newsstands, essential services, mailbox structures not exceeding six (6) feet in height, radio receivers and transmitters as an accessory use to essential services, and personal wireless communication antennas located on existing lattice electrical transmission towers, provided that the use and equipment comply with all applicable requirements of this Chapter. (Amended by Ord. No. 98-4, 01/21198) 13 P. SECTION 21350.03 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT - PERMITTED USES IS HEREBY AMENDED AS FOLLOWS: 21350.03. PERMITTED USES: The following are permitted uses in a FRD District: Subd. 1. Agriculture, nurseries, greenhouses for growing only, landscape gardening and tree farms, including sale of products only grown on premises. Subd. 2. Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 3. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 34. Parks, trails, playgrounds, and directly related buildings and structures; City of Plymouth only. Subd. 45. Residential facilities licensed by the State, serving six (6) or fewer persons in a single family aid dwelling. Subd. 56. Single family detached dwellings. (Amended by Ord. No. 2001-06, 02/13/01) Q. SECTION 21355.03 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT 1 -PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21355.03. PERMITTED USES: The following are permitted uses in a RSF-1 District: Subd. 1. Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 2. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd.-23. Parks, trails, playgrounds, and directly related buildings and structures; City of Plymouth only. Subd. 34. Residential facilities licensed by the State, serving six (6) or fewer persons in a single family detached dwelling. Subd. 45. Single family detached dwellings. (Amended by Ord. No. 2001-06, 02/13/01) 14 R. SECTION 21375.03 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1 - PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21375.03. PERMITTED USES: The following are permitted uses in a RMF -1 District: Subd. 1. All permitted uses as allowed in a RSF-4 District, except: (a) Single family detached dwellings. Subd. 2. Residential facilities licensed by the State, serving sixteen (16) or fewer persons. (Amended by Ord. No. 2001-06, 02/13/01) Subd. 3. Townhouses and manor homes with up to eight (8) units per building. S. SECTION 21385.03 (RMF -3, MULTIPLE FAMILY DWELLING DISTRICT 3 - PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21385.03. PERMITTED USES: The following are permitted uses in a RMF -3 District: Subd. 1. All permitted uses as allowed in a RMF -2 District. Subd. 2. Apartment dwellings in structures with pp to twelve (12) of less units Der building. Subd. 3. Townhouses and manor homes with up to twelve (12) units per building. T. SECTION 21390.03 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4 - PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21390.03. PERMITTED USES: The following are permitted uses in a RMF -4 District: Subd. 1. All permitted uses as allowed in a RMF -3 District. Subd. 2. Apartment dwellings in structures with more than twelve (12) units. Subd. 3. Townhouses and manor homes with up to fourteen (14) units per building. U. SECTION 21390.11 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4 - ADMINISTRATIVE USES) IS HEREBY AMENDED AS FOLLOWS: 21390.11. 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 RMF -4 District by administrative permit as may be issued by the Zoning Administrator: 15 Subd. 1. All administrative permit uses as allowed in a RMF -3 District. Subd. 2. Outside, above ground emergent bhp generators. V. SECTION 21450.03 (O, OFFICE DISTRICT -PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21450.03. PERMITTED USES: The following are permitted uses in the O District: Subd. 1. Banks, savings and loans, credit unions and other financial institutions, not including drive -up tellers. Subd. -32. Dwelling, elderly (senior citizen). Subd. 43. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. AM. Funeral homes and mortuaries. I Subd. 5. Governmental and public utility essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 6. Medio.,', depAal -a d ehifepfaetie effiees and efinies.Offices, commercial and professional.. Subd. 7. Offices, medical, dental and chiropractic and clinics. Subd. 78. Private clubs and lodges. Subd. 9. Religious institutions such as churches, chapels, temples, s r�iagogues, mosques limited to worship and directly related social events. Subd. 510. Residential facilities such as nursing homes, assisted living facilities and similar group housing, but not including hospitals, sanitariums or similar institutions. Subd. 911. Retail commercial activities limited to those listed as permitted or permitted accessory uses within a C-1 Zoning District. Subd. 4-01.2. Therapeutic massage. I Subd. 4413. Veterinary clinics and pet grooming. I 16 (Amended by Ord. No. 98-27, 08119198 & Ord. No. 2000-06, 02129100) (Amended by Ord. No. 2002-02, 01122102) W. SECTION 21455.03 (C-1, CONVENIENCE COMMERCIAL DISTRICT -PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21455.03. PERMITTED USES: The following are permitted uses in a C-1 District: Subd. 1. Barber shops. Subd. 2. Beauty salons and day spas. Subd. 3. Bus/transit stations or terminals without vehicle storage. Subd. 4. Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. Subd. 5. Cellular telephone towers and antennas located on a public structure, as regulated by Section 21175 of this Chapter. Subd. 6. Convenience grocery markets (not supermarket type and without motor fuel facilities and delicatessen food service). Subd. 7. Copy services but not including printing press or newspaper. Subd. 8. Dry cleaning pick up and laundry pick up stations including incidental repair and assembly but not including processing. Subd. 9. Essential services not including structures, except those requiring administrative permits on conditional use permits pursuant to Section 21160 of this Chapter. Subd. 10. Funeral homes and mortuaries. Subd. 11. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 4-1-12. Laundromats, self-service washing and drying. Subd. 4-31.3. Locksmiths. Subd. 4-314. Offices, commercial and professional not including medical, dental, and chiropractic offices and clinics. Subd. 441_5. Prepared food: delivery and/or take-out only. Subd. 451_6. Sexually oriented businesses - accessory. Subd. 4-617. Shoe repair. Subd. 4-718. Tailoring services. Subd. -1-819. Tanning salons. Subd. 4-920. Therapeutic massage. (Amended by Ord. No. 2004-02, 01/13/04) X. SECTION 21455.11 (C-1, CONVENIENCE COMMERCIAL DISTRICT -USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS: 17 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 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, 02/29/00) 18 (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. (1) The applicant must submit a carnival license application as required by Section 1100 of the City Code. 19 (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 as provided by shall be prohibited under- this Section 1110 of the City Code. (d) Outdoor Christmas Tree Sales. (1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. 20 (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. . is nofmall manufaetured, sold, or- steeked by the oeeupant on the subjeet pfemises shall be (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 by authorized enforcement officers, as approved in writing by the Director of Public Safety, at the petitioner's expense. 21 (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, 07/20/99) Subd. 10. Temporary structures as regulated by Section 21167 of this Chapter. (Amended by Ord. No. 2004-02, 01113104) Y. SECTION 21465.03 (C-3, HIGHWAY COMMERCIAL DISTRICT -PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21465.03. PERMITTED USES: The following are permitted uses in a C-3 District: Subd. 1. All permitted uses as allowed in the C-1 District. Subd. 2. Amusement centers. Subd. 3. Auto accessory stores (not including service). Subd. 4. Banks, savings and loan, credit unions, and other financial institutions with or without including drive up tellers. Subd. 5. Commercial recreation indoor, e.g., sport and health clubs, bowling alley, roller rinks, etc. Subd. 6. Delicatessen/coffee house. Subd. 7. Essential services not including structures except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 8. Furniture stores with less than 5,000 square feet of gross floor area. Subd. 9. Liquor, on and off sale. Subd. 10. Medical, dental, and chiropractic offices and clinics. Subd. 11. Motels, motor hotels and hotels. Subd. 12. Private clubs or lodges serving food and beverages. Subd. 13. Reception halls. Subd. 14. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. 22 Subd. 441.5. Restaurant, delivery or take out. Subd. 4-516. Restaurants not of the drive-in, convenience or drive-through type. Subd. 4617. Sexually oriented businesses - principal and accessory. Subd. 4-718. Sporting goods and recreational equipment sales, not including motorized vehicles or boats. Subd. 4-81._,9. Sports and fitness clubs. Subd. 4-920. Veterinary clinic and kennel; and pet sales, supplies and grooming. (Amended by Ord. No. 2000-09, 03/21/00) (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2001-28, 08/14/01) (Amended by Ord. No. 2002-27, 08/13/02) (Amended by Ord. No. 2002-32, 11/26/02) (Amended by Ord. No. 2004-11, 07/27/04) Z. SECTION 21465.11 (C-3, HIGHWAY COMMERCIAL DISTRICT -USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS: 21465.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in a C-3 District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. All uses by administrative permit as allowed in a C-2 District. (Amended by Ord. No. 2002-32, I1 /26/02) Subd. 2. Outside storage as an*p6neip;al-ef accessory use provided that: (a) The storage area does not take up parking space or loading space as required for conformity to this Chapter. (b) Compliance with Section 21105.11. Subd. 3. Open or outdoor service, sale and rental as a principal or accessory use provided that: (a) The use does not take up parking space or loading areas as required for conformity to this Chapter. (b) Additional parking, pursuant to Section 21135 of this Chapter is provided for said space. AA. 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: 23 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, accessory pressing and repair, excluding plants. Subd. 13. Fabric and notions sales and store. Subd. 14. Furniture stores. Subd. 15. Furriers when conducted only for retail trade on premises. 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. Religious institutions such as churches, chapels, temples, synagogues, ue, mosques limited to worship and directly related social events. Subd. 3323. Sewing machine sales and service. Subd. 2324. Theaters, not of the outdoor drive-in type. Subd. 3425. Toy stores. (Amended by Ord. No. 98-23, 07/08/98) (Amended by Ord. No. 2004-02, 01/13/04) BB. SECTION 21475.15 (CC, CITY CENTER DISTRICT—PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21475.05. PERMITTED USES: The following are permitted uses within the CC District: Subd. 1. CC -P. (a) Amphitheaters. (b) Bus/transit stations or terminals without vehicle storage. (c) Commercial recreation indoor, e.g. sports and health clubs, bowling alley, roller rinks, etc. (d) Community centers. 24 (e) Day care facilities. (f) Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. (g) Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. (g -h) Offices, commercial and professional. (1}i) Parks and recreational facilities, structures and buildings. Qj) Private clubs/lodges. (tk) Publicly owned civic or cultural buildings such as libraries, city offices, auditoriums, public administration buildings and historical developments. (k]) Sports and fitness clubs. (Amended by Ord. No. 2002-32, 11/26/02) Subd.2. CC -R. (a) Antique shops. (b) Appliance and electronic stores including incidental repair and assembly but not fabricating or manufacturing. (c) Art and school supply sales. (d) Art galleries. (e) Bakery goods and baking of goods for retail sales on the premises. (f) Bank, savings and loan, credit unions and other financial institutions, with or without drive up tellers. (g) Barber shops. (h) Beauty salons and day spas. (i) Bicycle sales and repair. 6) Books, office supplies and equipment, or stationary stores and sales. (k) Bus/transit station or terminal without vehicle storage. (1) Camera and photographic supplies, sales, and film processing. (m) Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. (n) Cellular telephone towers and antennas located on a public structure, as regulated by Section 21175 of this Chapter. (o) Clothes, rental and sales. (p) Coin and philatelic stores. (q) Convenience grocery market (not supermarket type and without motor fuel facilities and delicatessen food service). (r) Copy service but not including printing press or newspaper. (s) Delicatessen/coffee house. (t) Drug stores. (u) Dry cleaning pick up and laundry pick up stations including incidental repair and assembly but not including processing. (v) Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. (w) Fabric and notions sales and store. (x) Florist shops. 25 (y) Frozen food retail, but not including a locker plant. (z) Funeral homes and mortuaries. (aa) Furriers when conducted only for retail trade on premises. (bb) Gift or novelty stores. (cc) Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. (sedd) Grocery, supermarket and superstores. (ddee) Hardware stores. (eeff) Hobby and craft stores. (ffgg) Ice sales with storage not to exceed five (5) tons. (gghh) Jewelry stores. (hli_i) Laundromats, self-service washing and drying. (i-ij j) Leather goods and luggage stores. (jjkkj Liquor, off sale. (1kLI) Locksmiths. (Umm) Meat markets, but not including processing for a locker plant. (mmmn) Medical, dental, and chiropractic offices and clinics. (mioo) Music (instruments, equipment, tapes, compact discs, etc.) shops and sales. (eepp) Offices, commercial and professional. (ppgq) Paint and wallpaper sales. (ggrr) Plumbing, television, radio, electrical sales and such repair as an accessory use to the retail establishment permitted within this district. (mss) Prepared food: delivery and/or take-out only. (sstt Sewing machine sales and service. (rtuu) Sexually oriented businesses - accessory. (uuyv) Shoe repair. (www) Sporting goods and recreational equipment sales, excluding motorized vehicles. (xx) Studios - artist, music, photo, decorating, dance, etc. (*xyy) Tailoring services. (yy7,z) Tanning salon. (zzaaa) Toy stores. (bbb) Variety stores and stores of similar nature. (bbbccc) Veterinary clinic and kennel, and pet supply sales and grooming. (eeeddd) Video rental and sales. (Amended by Ord. No. 2004-02, 01/13/04) Subd.3. CC -RE. (a) Amusement centers. (b) Art galleries. (c) Book, office supplies and equipment or stationary stores and sales. (d) Camera and photographic supplies, sales and film processing. (e) Candy, ice cream, popcorn, nuts, frozen desserts, and soft drink sales. 26 (f) Cellular telephone towers and antennas located on a public structure, as regulated by Section 21175 of this Chapter. (g) Delicatessens/coffee house. (h) Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. (i) Gift or novelty stores. (j) Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. (jk) Hobby and craft stores. (kj) Music (instruments, equipment, tapes, compact discs, etc.) shops and sales. (4m) Restaurants (not of the drive-in, convenience or drive-through type), cafes. (mn) Sexually oriented businesses - accessory. (ng) Studios - artist, music, photo, decorating, dance, etc. (ep) Theaters (indoor only). (pg) Toy stores. (qr) Video rental and sales. Subd.4. CC -OT. (a) Banks, savings and loans, credit unions and other financial institutions, with or without drive up tellers. (b) Cellular telephone towers and antennas located on a public structure, as regulated by Section 21175 of this Chapter. (c) Commercial recreation, indoor. (d) Conference centers. (e) Copy services, but not including printing press or newspaper. (f) Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. (g) Funeral homes and mortuaries. (h) Governmental and public utility (essential service) buildings and structures including public works type facilities, excluding outdoor storage. (hi) Laboratories. Qj) Medical, dental, and chiropractic offices and clinics. (}k) Offices, commercial and professional. (lel) Printing establishments, commercial. (lm Radio and TV stations. (mn) Sexually oriented business - accessory. (no) Sports and fitness clubs. (op) Studios - artist, music, photo, decorating, dance, etc. (pg) Wholesale showrooms. (Amended by Ord. No. 2002-32, 11/26/02) CC. SECTION 21475.13 (CC, CITY CENTER DISTRICT—USES BY ADMINISTRATIVE PERMIT) IS HEREBY AMENDED AS FOLLOWS: 27 21475.13. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in a CC District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. Antennas located upon an existing structure or tower. Subd. 2. Essential services requiring a permit from the City Engineer as provided by Section 21160 of this Chapter. Subd. 3. Essential service structures (as defined by Section 21005 of this Chapter) that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities and uses, provided that: (a) Equipment is completely enclosed in a permanent structure with no outside storage. (b) Landscaping is provided to screen any such structure. Subd. 4. Landfilling and land excavation/grading operations, except mining, as regulated by Section 21185 of this Chapter. Subd. 5. 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. 45. 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, 02/13/01) 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. $9. (Amended by Ord. No. 99-20, 07/20/99) Subd. 10. Temporary structures as regulated by Section 21167 of this Chapter. (Amended by Ord. No. 2000-06, 02/29/00) (Amended by Ord. No. 2004-02, 01/13/04) 28 DD. SECTION 21475.17 (CC, CITY CENTER DISTRICT -SPECIAL DESIGN AND PERFORMANCE STANDARDS), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS: Subd.6. Signs. (a) Signs as regulated by Section 21155 of this chapter may be allowed subject to the limitations noted below. (b) Business Signs. (1) Wall signage shall be permitted in compliance with Section 21155.03, Subd. 4(c) (1) of this Chapter. (2) One monument sign shall be permitted per lot, provided the height shall not exceed ten feet and the surface area of the sign shall not exceed 32 square feet. (3) For properties directly abutting Highway 55, one freestanding sign not exceeding 36 feet in height shall be permitted per lot in lieu of the monument sign identified in (2) above, provided the surface area of the sign shall not exceed 100 square feet. Any such freestanding sign shall be located between Highway 55 and the building. Time and temperature signs are not permitted if any adjacent property has a time or temperature sign. (4) In the CC -P district, an electronic message board may substitute for the monument sign identified in (2) above, provided all the following conditions are met: a. The height shall not exceed ten (10) feet and the surface area of the message board shall not exceed 64 square feet. b. There shall be no movement in the lighting arrangement including blinking, scrolling, flashing, or rotating. c. The message board shall be set back at least 15 feet from all lot lines. d. The message board shall not be illuminated between the hours of 12:00 a.m. (midnight) and 6:00 a.m. (Amended by Ord. No. 98-11, 04/01/98) (Amended by Ord. No. 2001-06, 02/13/01) EE. SECTION 21550.03 (C-5, COMMERCIALANDUSTRIAL DISTRICT -PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 29 21550.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the following are permitted uses within the C-5 District: Subd. 1. Appliance repair and service. Subd. 2. Bus/transit stations with vehicle storage. Subd. 3. Cellular telephone towers and antennas located on a public structure, as regulated by Section 21175 of this Chapter. Subd. 4. Commercial/professional offices. Subd. 5. Commercial recreation, indoor. Subd. 6. Conference centers. Subd. 7. Contractors operations. Subd. 8. Essential services not including structures except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 9. Governmental and public ated-utility (essential service) buildings and structures., including public works type facilities, excluding outdoor storage. Subd. 10. Laboratories. Subd. 11. Landscape nurseries. Subd. 12. Lumber yards, building material sales, and similar bulk type retail sales establishments. Subd. 13. Mini -storage facilities. Subd. 14. Printing establishments, commercial. Subd. 15. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. X1_6. Sexually oriented businesses, principal and accessory. Subd. 4-617. Sports and fitness clubs. Subd. 4-718. Studios — artist, music, photo, decorating, dance, etc. Subd. 4.81_9. Wholesale showrooms. (Amended by Ord. No. 2002-32, 11/26/02) FF. SECTION 21555.03 (B -C, BUSINESS CAMPUS DISTRICT -PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21555.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the following are permitted uses within the B -C District: Subd. 1. Banks, savings and loan, credit unions and other financial institutions, with or without drive up tellers. Subd. 2. Commercial printing establishments. Subd. 3. Commercial/professional offices. Subd. 4. Commercial recreation, indoor. Subd. 5. Conference centers. 30 Subd. 6. Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 7. Governmental and public utility buildings and structures (excluding public wed s types f4eilities and uses), including public works type facilities, excluding outdoor storage. Subd. 8. Laboratories. Subd. 9. Medical/dental/chiropractic clinics and offices. Subd. 10. Radio and television stations. Subd. 11. Reception halls. Subd. 12. Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. 42-13. Sexually oriented business - accessory. Subd. 4314. Sports and fitness clubs. Subd. 47415. Trade schools. Subd. 47516. Wholesale showrooms. (Amended by Ord. No. 2002-32, 11/26/02) GG. SECTION 21650.03 (PI, PUBLIC/INSTITUTIONAL 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. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Subd. 45. Nursing homes, residential care facilities, and similar group housing, but not including hospitals, sanitariums, or similar institutions. Subd. 56. Parks, playgrounds, trails, athletic and recreational fields and related buildings. Subd. 67. Private clubs and lodges. 31 Subd. 78. Publicly owned civic or cultural buildings, such as libraries, city offices, fire stations, auditoriums, public administration buildings and historical developments. Subd. 89. 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. 910. Religious institutions, such as chapels, temples, synagogues, and mosques limited to worship and related social events. Subd. 1011. Trade schools. (Amended by Ord. No. 2004-02, 01/13/04) SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the City Council on January 11, 2005. ATTEST: 32 y A. J son, a r