HomeMy WebLinkAboutCity Council Ordinance 2003-35CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2003-35
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY
CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2003090)
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:
Airport/Heliport: Any premises which are used, or intended for use, for the landing and
takeoff of aircraft, together with any appurtenant areas which are used or intended for use for
buildings, structures, or facilities incidental to aircraft services such as those for refueling,
maintenance, or repair.
Helistop: Any premises which are used, or intended for use, in an incidental capacity for
the landing and take -off of helicopters engaged in transporting passengers and/or packages, and
which does not include any appurtenant areas, buildings, structures, or facilities for helicopter
services such as those for refueling, maintenance, or repair.
B. SECTION 21193 (HELISTOPS) IS HEREBY ADDED AS FOLLOWS:
SECTION 21193 – HELISTOPS
21193.01. PURPOSE AND INTENT: The purpose of this section is to protect and
promote the general welfare, health, safety, and order within the City of Plymouth through the
regulation of helistops. The provisions of this section are intended to provide alternative
opportunities for effective transport of passengers and/or packages, while at the same time
assuring that the public is not endangered, annoyed, or unduly distracted by such operations.
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Subd.1. The provisions of this section do not apply to emergency landings, or to
aircraft operated under the direction of public safety or medical rescue personnel, or to public
agencies carrying out official duties, or to seagoing aircraft operated upon state approved public
waters.
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Subd. 2. No person may land an aircraft within the City unless in compliance with
federal law, state law, and this section, and unless he or she has the permission of the owner of
the property where the landing takes place.
21193.05. DISTRICT APPLICATION: Helistops are allowable within the FRD (Future
Restricted Development), B -C (Business Campus), I -1 (Light Industrial), I -2 (General Industrial),
I -3 (Heavy Industrial), and P -I (Public/Institutional) zoning districts subject to the approval of a
conditional use permit, pursuant to the procedures, general performance standards, and
regulations established by Section 21015 of this Chapter. Helistops are also allowable within
PUD (Planned Unit Development) zoning districts that are guided CO (Commercial Office) or IP
(Planned Industrial) on the City's Comprehensive Land Use Guide Plan Map, pursuant to the
performance standards established by this section and the procedures and regulations established
by Section 21655 of this Chapter.
21193.07. SPECIFIC PERFORMANCE STANDARDS:
Subd. 1. Helistops shall conform with all applicable Federal Aviation
Administration (FAA) regulations and with all applicable state statutes and rules.
Subd. 2. Helistops and users thereof shall establish and utilize approach and
departure routes over non - residential areas to the maximum extent possible.
Subd. 3. No more than one helicopter shall be located at a helistop at one time.
Subd. 4. The hours of operation for a helistop shall be limited to between 7:00 a.m.
and 10:00 p.m.
Subd. 5. Helistops and their final approach and take -off areas shall be located not
less than seven hundred and fifty (750) feet away from the lot line of any residential property that
is not owned or leased by the person or organization providing the helistop.
Subd. 6. Helistops shall provide a dust -free landing/takeoff area clear of structures,
obstacles, and debris.
Subd. 7. Any automobile parking needs generated by the helistop shall be
accommodated on the premises where the helistop is located.
21193.09. NON - CONFORMING HELISTOPS: Helistops which do not comply with the
provisions of this Section, but which were approved by the Federal Aviation Administration and
licensed by the Minnesota Department of Transportation prior to the effective date of this
Section, shall be deemed to be legal non - conforming uses, and may continue to operate pursuant
to Section 21100 of this Chapter.
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C. SECTION 21350.07 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT —
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21350.07. CONDITIONAL USES: The following are conditional uses allowed in the
FRD 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 Section 21015.02,
Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Antennas not located on a public structure or existing tower, as regulated
by Section 21175 of this Chapter.
Subd. 2. Bed and Breakfast in accordance with Section 21190.01.
Subd. 3. Cemeteries or memorial gardens provided that:
(a) The site is landscaped in accordance with Section 21130.
(b) The use is public or semi - public.
(c) The use meets the minimum setback requirements for principal structures.
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
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.
Subd. 6. Helistops, as regulated by Section 21193 of this Chapter.
Subd.7. Living quarters which are provided as an accessory use to a principal use
in Section 21350.03 or to a conditional use in this section provided that:
(a) The living quarters shall not be used as rental property.
(b) A maximum of one (1) such dwelling shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (i.e.,
caretaker, security, etc.).
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(Amended by Ord. No. 2002 -02, 01122102
Subd. 8. Parks and recreational areas owned or operated by public bodies; other
than the City of Plymouth.
Subd. 9. Recreational fields (outdoor) including golf courses, swimming pools, and
similar facilities, and directly related buildings and structures.
Subd. 10. Recreational structures and buildings (private), including those for golf,
tennis and swimming, located on the premises of clubs or other allowed uses.
Subd, 11. Residential shelters in accordance with Section 21190.02.
Subd. 12. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
(a) Merchandise is sold at retail.
(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a C -1 Zoning District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principal use is residential.
(f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 13. Single satellite dish TVROs greater than one (1) meter in diameter as
regulated by Section 21175 of this Chapter.
Subd. 14. Stables and riding academies.
Subd. 15. WECS as regulated by Section 21173 of this Chapter. (Amended by Ord.
No. 2002 -19, 05114102)
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D. SECTION 21555.07 (B -C, BUSINESS CAMPUS DISTRICT— CONDITIONAL USES)
IS HEREBY AMENDED AS FOLLOWS:
21555.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the
following are conditional uses in the B -C 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. Buildings in excess of height limitations as specified in Section 21555.13,
provided that:
(a) For each additional five (5) feet in roof height as calculated according to the
Minnesota State Building Code, which is above the maximum building height allowed by
Section 21555.13 of this Chapter, front and side yard setback requirements shall be
increased by one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 3. Day care, provided that:
(a) The use complies with Section 21150 of this Chapter.
Subd. 4. Entertainment, live, in association with a restaurant.
Subd. 5. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 6. Essential service structures as defined by Section 21005 of this Chapter
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)
Subd. 7. Extended stay hotels provided that more than fifty (50) percent of the
rooms shall have cooking facilities.
Subd. 8. Helistops, as regulated by Section 21193 of this Chapter.
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Subd. 9. Liquor on -sale when accessory to a restaurant.
Subd. 10. Manufacturing, compounding, assembly, packaging, treatment or
warehousing of merchandise or commodities as an accessory use provided that:
(a) The use is accessory to a permitted use within this district.
(b) No outside storage is associated with the use.
(c) The area devoted to the accessory use shall not exceed forty (40) percent of gross
building floor area.
Subd. 11. Motels, motor hotels, and hotels provided that:
(a) The facility provides restaurant and food service with optional on -sale liquor.
Subd. 12. Restaurants, provided that:
(a) The gross floor area devoted to restaurants shall not exceed 15% of the total gross
floor area of the building in which it is located.
(b) No drive - through window service shall be provided.
(c) 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 applicable State and County regulations.
Subd. 13. Retail commercial activities, personal services and food service (cafeteria,
delicatessen, coffee house) as an accessory use provided that:
(a) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a C -1 Zoning District.
(b) The activity is located within a structure whose principal use is not commercial
sales.
(c) Location.
(1) All such activities are conducted in a clearly defined area of the principal
building reserved exclusively for such use. Said area must be physically
segregated from other principal activities in the building.
(d) The area devoted to such activity shall not occupy more than fifteen (15) percent
of the gross floor area of the building.
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(e) Hours of operation are limited to 6:00 AM to 10:00 PM unless specifically
modified by the City Council.
(f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 14. Warehousing/indoor storage provided that:
(a) The use is accessory to a permitted use within this district.
(Amended by Ord. No. 2002 -09, 03112102)
E. SECTION 21560.07 (I -1, LIGHT INDUSTRIAL DISTRICT — CONDITIONAL USES)
IS HEREBY AMENDED AS FOLLOWS:
21560.07. CONDITIONAL USES: The following are conditional uses in the I -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. Accessory, enclosed retail, rental, or service activity other than that
allowed as a permitted use or conditional use within this Section, provided that:
(a) Such use is allowed as a permitted use in a business district.
(b) Such use does not constitute more than twenty -five (25) percent of the gross floor
area of the principal building.
Subd. 2. Buildings in excess of height limitations as specified in Section 21560.13
provided that:
(a) For each additional five (5) feet in roof height as calculated by the Minnesota
State Building Code, which is above the maximum building height allowed by Section
21560.13 of this Chapter, front and side yard setback requirements shall be increased by
one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
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Subd. 3. Commercial and professional offices within the principal structure in
excess of that which is allowed in this district or as a freestanding principal use.
Subd. 4. Commercial and public radio and television transmitting antennas, and
public utility microwave antennas, as regulated by Section 21175 of this Chapter.
Subd. 5. Commercial, private and public satellite dish transmitting or receiving
antennas in excess of two (2) meters in diameter, as regulated by Section 21175 of this Chapter.
Subd. 6. Commercial recreation, indoor.
Subd. 7. Day care facilities, accessory provided that:
(a) The use complies with Section 21150 of this Chapter.
Subd. 8. Essential services and structures requiring a conditional use permit
pursuant to Section 21160 of this Chapter.
Subd. 9. Helistops, as regulated by Section 21193 of this Chapter.
Subd. 10. Minor automobile repair; servicing of motor freight vehicles and heavy
construction equipment; directly related accessory materials and parts sales for such repair and
servicing (not including new or used vehicle sales); and accessory materials and parts
warehousing which is related to and dependent upon such uses provided that:
(a) All servicing of vehicles and equipment shall occur entirely within the principal
structure.
(b) To the extent required by State law and regulations, painting shall be conducted in
an approved paint booth, which thoroughly controls the emission of fumes, dust, or other
particulated matter.
(c) Storage and use of all flammable materials, including liquid and rags, shall
conform with applicable provisions of the Minnesota Uniform Fire Code.
(d) Parking, driveway, and circulation standards and requirements shall be subject to
the review and approval of the City and shall be based upon the specific needs of the
operation and shall accommodate large vehicle equipment and semi - trailer /tractor trucks.
(e) The storage of damaged vehicles and vehicle parts and accessory equipment must
be completely inside a principal or accessory building.
(f) The sale of products other than those specifically mentioned in this Section shall
be subject to a separate conditional use permit.
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Subd. 11. Outside storage as a principal or accessory use when abutting a residential
district provided that:
(a) Storage area is blacktop or concrete surfaced unless specifically approved by the
City Council.
(b) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
(c) All requirements of Section 21105.11 are met.
Subd. 12. Open or outdoor service, sale and rental as a principal or accessory uses,
provided that:
(a) The use does not take up parking space as required for conformity to this Chapter.
(b) Sales area is hard surfaced to control dust.
Subd. 13. Sports and fitness clubs. (Amended by Ord. No. 2002 -32, 11126102)
F. SECTION 21650.07 (P -I, PUBLIC /INSTITUTIONAL -- CONDITIONAL USES) IS
HEREBY AMENDED AS FOLLOWS:
21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the
following are conditional uses in the P -I 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 a public structure or existing tower, as regulated
by Section 21175 of this Chapter.
Subd. 2. Automobile parking lots as a principal use provided that:
(a) The use and design is in conformance with Section 21135 of this Chapter.
Subd. 3. Buildings in excess of height limitations as specified in Section 21650.13
provided that:
(a) For each additional five (5) feet in roof height as calculated by the Minnesota
State Building Code, which is above the maximum building height allowed by Section
21650.13 of this Chapter, front and side yard setback requirements shall be increased by
one (1) foot.
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(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 4. Cemeteries or memorial gardens provided that:
(a) The site is landscaped in accordance with Section 21130.
(b) The use is available to the "public ".
(c) The use meets the minimum setback requirements for principle structures.
Subd. 5. Colleges, seminaries, and other institutions of higher education.
Subd. 6. Community centers.
Subd. 7. Correctional facilities and shelters provided that:
(a) Facilities shall comply with all applicable codes and regulations and shall have,
current and in effect, the appropriate state licenses.
(b) On -site services and treatment shall be for residents and inmates of the facility
only, and shall not be for non - residents or persons outside the facility.
(c) All new buildings or additions to existing buildings shall be consistent with the
scale and character of the buildings in the neighborhood. Exterior building materials
shall also be harmonious with other buildings in the neighborhood.
(d) No correctional facility shall be closer than one thousand three hundred twenty
(1,320) feet from another licensed correctional facility or from any property designated on
the Land Use Guide Plan as residential and/or designated on the official zoning map as
residential.
(e) The conditional use permit is only valid as long as a valid state license is held by
the operator of the facility where such license is required.
(f) Appropriate transition to neighboring property shall be provided by landscaping
and site design consistent with the City ordinances and policies.
Subd. 8. Day care, social services or other non - directly related worship type
activities as an accessory use within a religious institutional building(s).
Subd. 9. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
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Subd. 10. Essential service structures as defined by Section 21005 of this Chapter
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.
Subd. 11. Helistops, as regulated by Section 21193 of this Chapter.
Subd. 12. Hospitals, sanitariums or similar institutions provided that:
(a) Only the rear yard shall be used for play or recreational areas. Said area shall be
fenced and controlled and screened in compliance with Section 21130 of this Chapter.
(b) All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
Subd. 13. Living quarters which are provided as an accessory use to a principal use
in Section 21650.03 or to a conditional use in this Section provided that:
(a) The living quarters shall not be used as rental property.
(b) A maximum of one (1) such dwelling shall be allowed.
(c) There shall be a demonstrated and documented need for such a facility (i.e.,
caretaker, security, etc.).
Subd. 14. Medical, dental and chiropractic offices and clinics, commercial and
professional offices, funeral homes and mortuaries.
Subd. 15. Other uses of the same general character as those listed in Sections
21650.03 and 21650.07 of this Chapter.
Subd. 16. Outdoor recreational areas including golf courses, swimming pools, and
similar facilities.
Subd. 17. Reduction in lot area requirements.
Subd. 18. Residential shelters in accordance with Section 21190.02.
Subd. 19. Retail commercial activities and personal services, provided that:
(a) Merchandise is sold at retail.
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(b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a C -1 Zoning District.
(c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
(d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
(e) The retail activity and personal services are not located within a structure whose
principle use is residential.
(f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
(g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 20. Public safety communication towers and antennas, provided that:
(a) Public safety communication towers in excess of 150 feet in height shall be located on
property not less than 10 acres in size.
(b) Public safety communication towers shall comply with the standards and
requirements of Section 21175.
(Amended by Ord. No. 98 -12, 04115198)
Subd. 21. WECS as regulated by Section 21173 of this Chapter. (Amended by Ord.
No. 2002 -19, 05114102)
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on November 25, 2003.
LL'o.
Uudy0A John 6A, Mayor
ATTEST:
Sandra R. Paulson, City Clerk
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