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HomeMy WebLinkAboutCity Council Ordinance 2005-08CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2005-08 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2004057) 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 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. 0. Funeral homes and mortuaries. Subd.-4410. Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage. Ordinance No. 2005-08 2004057 Page 2 Subd 13. , self seniee washing and &34ng. Subd. 3311. Locksmiths. Subd. -1412. Offices, commercial and professional not including medical, dental, and chiropractic offices and clinics. Subd. 4-513. Prepared food: delivery and/or take-out only, no interior seating. Subd. -1614. Sexually oriented businesses - accessory. Subd.1715. Shoe repair. Subd. 3-816. Tailoring services. Subd. 3-417. Tanning salons. Subd. 3018. Therapeutic massage. (Amended by Ord. No. 2004-02, 01/13/04) B. SECTION 21455.07 (C-1, CONVENIENCE COMMERCIAL DISTRICT - CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS: 21455.07. CONDITIONAL USES: The following are conditional uses in a C-1 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. Antennas not located on an existing structure or tower, as regulated by Section 21175 of this Chapter. Subd. 2. Convenience Grocery Markets with Prepared Food and Motor Fuel Sales with Accessory Car Wash (no vehicle service or repair), provided that: (a) Convenience/deli food is of the take-out type only and that no provision for seating or consumption on the premises is provided. Furthermore, that the enclosed area devoted to such activity, use and merchandise shall not exceed fifteen (15) percent of the gross floor area. (b) The storage, preparation and serving of food items are subject to the approval of the Zoning Administrator who shall provide specific written sanitary requirements based upon the applicable State and County regulations. (c) That the proximate area and location of space devoted to non -automotive merchandise sales shall be specified in the application and in the conditional use permit. Exterior sales or storage shall be allowed by administrative permit. Ordinance No. 2005-08 2004057 Page 3 (d) The off-street loading space(s) and building access for delivery of goods shall be separate from customer parking and entrances and shall not cause conflicts with customer vehicles and pedestrian movements. (e) The hours of operation shall be limited to 6:00 AM to 11:00 PM, unless extended by the Council as part of the conditional use permit. (f) Motor fuel facilities shall be installed in accordance with State and City standards. Additionally, adequate space shall be provided to access gas pumps and to allow maneuverability around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations which do not conflict with circulation, access and other activities on the site. Fuel pumps shall be installed on pump islands. (g) A protective canopy located over pump islands may be an accessory structure on the property and may be located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. (h) All canopy lighting for motor fuel station pump islands shall be recessed or shielded to provide shielding. Illumination levels for pump islands shall be as stipulated in Section 21105.05 of this Chapter. (Amended by Ord. No. 2004-30, 11/23/04) (i) Litter Control. The operation shall be responsible for litter control within three hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash receptacles must be provided at a convenient location on site to facilitate litter control. (j) All pumps and any related canopy shall be setback 300 feet from residentially zoned or guided property unless screened by an intervening building. fj)W Accessory Car WashNacuums (1) No more than one car wash bay shall be allowed. (2) The car wash shall be designed to be an integral part of the principal building, and may not be a separate freestanding structure. (3) The site shall provide stacking space for the car wash. The amount of stacking space shall take into account the type of car wash and the amount of time it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces or traffic circulation. Ordinance No. 2005-08 2004057 Page 4 (4) The exit from the car wash shall have a drainage system which is subject to the approval of the City and gives special consideration to the prevention of ice build-up during winter months. (5) Neither the car wash nor an accessory vacuum shall be located within 300 feet of any residentially zoned or guided property unless completely screened by an intervening building. (6) Both the car wash and accessory vacuum shall conform to noise regulations as defined in Section 21105.10 of this Chapter. (Amended by Ord. No. 2000-06, 02/29/00 & Ord. No. 2000-23, 06/12/00) Subd. 3. Day care facilities as a principal or accessory use provided that: (a) The use complies with the provisions of Section 21150 of this Chapter. Subd. 4. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 5. Essential service structures (as defined by Section 21005 of this Chapter) that 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, provided that: (Amended by Ord. No. 2004-02, 01/13/04) (a) Equipment is completely enclosed in a permanent structure with no outside storage. Subd. 6. Laundromats, self-service washing. and drying, provided that: (a) The hours of operation are limited to 7 AM to 10 PM. C. SECTION 21460.03 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT - PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21460.03. PERMITTED USES: The following are permitted uses in a C-2 District: Subd. 1. All permitted uses as allowed in the C-1, Convenience Commercial District. Subd. 2. Amusement centers. Subd. 3. Art and school supply sales. Subd. 4. Art gallery and sales. Ordinance No. 2005-08 2004057 Page 5 Subd. 5. Bakery goods and baking of goods for retail sales on the premises. Subd. 6. Banks, savings and loans, credit unions and other financial institutions (excluding currency exchanges), with or without drive up tellers. Subd. 7. Bicycle sales and repair. Subd. 8. Book and stationary stores, with less than 5,000 square feet of gross floor area. Subd. 9. Camera and photographic supplies, sales and film processing. Subd. 10. Delicatessen/coffee house. Subd. 11. Drug stores. Subd. 12. Florist shops. Subd. 13. Frozen food retail, but not including a locker plant. Subd. 14. Furniture stores with less than 5,000 square feet of gross floor area. Subd. 15. Gift or novelty stores. 6. Subd.-1.716. . Hardware stores. Subd. 4,817. Hobby and craft stores. Subd. -1-918. Liquor, off sale. Subd. 2019. Meat markets, but not including processing for a locker plant. Subd. 220. Medical, dental, and chiropractic offices and clinics. Subd. 2221. Paint and wallpaper sales. Subd. 2222. Plumbing, television, radio, electrical sales and such repair as is accessory use to the retail establishment permitted within this district. Subd. 2423. Recreation, personal fitness. Subd. 2524. Sporting goods and recreational equipment sales, not including motorized vehicles or boats. Subd. 2625. Studios - artist, music, photo, decorating, dance, etc. Subd. 2726. Tobacco Shops. Subd. 2827. Variety stores and stores of similar nature. Subd. -2928. Veterinary clinic and indoor kennels; and pet sales, supplies and grooming. Subd. 3029. Video rental and sales. D. SECTION 21460.07 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT - CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS: 21460.07. CONDITIONAL USES: The following are conditional uses in a C-2 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Ordinance No. 2005-08 2004057 Page 6 Subd. 1. All conditional uses subject to the same conditions as allowed in the C-1 District, unless cited as a permitted use in this Section. Subd. 2. Drive through service windows accessory to permitted uses, provided that: (a) The drive through service window is in compliance with the performance standards stipulated in Section 211.20.09 of this Chapter, unless further restricted by this Section. (b) No element of the drive through service area shall be located on properties that are within 300 feet of residentially zoned oriug ded property unless completely screened by an intervening building., (c) Residential properties shall be screened from vehicle lights in the stacking area. (4) The hours of operation are limited to 7 AM to 10 PM, unless extended by the Council as part of the conditional use permit. Subd. 33. Furniture stores with less than 5,000 square feet of gross floor area on property with access from an intermediate arterial roadway. (Amended by Ord. No. 98- 23, 07/08/98) Subd. 4. Grocer supermarkets, provided that: (a) The loading area is in compliance with Section 21135.14. (b) The hours of operation are 6 AM to 11 PM, unless extended by the Council as part of the conditional use permit. (c) The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections. (d) All elements of the use, including mechanical equipment, shall comply with Section 21105.10 of this Chapter. Subd. -35. Liquor on -sale when accessory to a restaurantprovided that: (a) The business is not located within 150 feet of a residential structure. Subd. 46. Public garage/parking ramps provided that: (a) It is accessory to a use allowed in the C-2 District. Subd. 57. Religious worship facilities and related social events provided that: (a) The space utilized for such activities is shared with a use allowed within this district or occupies no more than twenty (20) percent of a multi -tenant shopping center. (b) Activities shall be limited to worship services and directly related social events. Ordinance No. 2005-08 2004057 Page 7 Subd. 68. Restaurants internal to a multi -tenant shopping center, provided that: (a) The use will not conflict with existing or potential neighboring uses. (b) The storage, preparation, and serving of food items are subject to the approval of the Zoning Administrator who shall provide specific written sanitary requirements based upon the applicable State and County regulations. (c) No drive-through service windows are allowed. Subd. 79. Trade or vocational schools. E. 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 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, supermarkets and 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. Subd. 2321. Pawnshops: Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events. Subd. 2,322. Sewing machine sales and service. Ordinance No. 2005-08 2004057 Page 8 Subd. 2423. Theaters, not of the outdoor drive-in type. Subd. 2524. Toy stores. F. SECTION 21470.07 (C-4, COMMUNITY COMMERCIAL DISTRICT -CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS: 21470.07. CONDITIONAL USES: The following are conditional uses in a C-4 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. All conditional uses subject to the same conditions as allowed in the C-3 District. Subd. 2. Currency Exchanges, provided that: (a) The business is not within one half (V2) mile of another currency exchange. (b) The business is not within 750 feet of a property containing a pawnshop, religious institution, school, day-care/preschool, or residentially zoned or guided property. Subd. 4. Funeral homes and mortuaries, provided that: (a) The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections. (b) Parking shall be provided in compliance with Section 21135 of this Chapter. Subd. 5. Pawnshops, provided that: (a) The business is not within 750 feet of a property containing another pawnshop, currency exchange, religious institution, or residentially zoned orug ided property. SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. Ordinance No. 2005-08 2004057 Page 9 ADOPTED by the City Council on May 10, 2005. ATTEST: im i moi/ / OEM