HomeMy WebLinkAboutCity Council Ordinance 2002-02CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2002-02
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY
CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (200113 1)
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 21000.14 (TITLE AND APPLICATION—FUTURE ANNEXATIONS) IS
HEREBY AMENDED AS FOLLOWS:
21000.14 FUTURE ANNEXATIONS: Any land annexed to the City in the future shall be
placed in the FRD (Future Restricted Development) -D; district until another zoning die.
classification is approved by action of the City Council after receipt of the recommendation of
the Planning Commission.
B. SECTION 21005.01 (RULES AND DEFINITIONS—RULES OF WORD
CONSTRUCTION), SUBD. 8 IS HEREBY AMENDED AS FOLLOWS:
Subd. 8. For terminology not defined in this ''-nanChapter or elsewhere in the
City Code, the Minnesota State Building Code; or the Webster's Dictionary shall be used to
define such terms.
C. SECTION 21005.02 (RULES AND DEFINITIONS—DEFINITONS) IS HEREBY
AMENDED BY ADDING, DELETING, OR CHANGING THE FOLLOWING
DEFINITIONS AS FOLLOWS:
Play and Recreational Facilities: Facilities e ,s*,...,ary and ineidental to the r pa
of the site Accessory structures and/or uses that are customary and incidental to the principal
use of the site, including intended for- the enjoyment dna eeffyenienee of the residents of the
pecipul use and their--eeeaslena4guests.Sueh fac�lities-inElude swing sets, play qeialptffes
structures, sand boxes, skate board rams , tennis courts, sort
courts, swimming pools and their related aprons, b r -be ue grills, patios and aeeessenf f,m:*,,..o,
and the like, intended for the eniovment and convenience of the residents of the principal use and
their occasional guests.
Recreational Camping Vehicle Any vehicle or
structure which meets al- af-the following qualifications:
(a) Any vehicular, portable structure built ��� mounted on wheels to be
towed by a self-propelled vehicle, and designed to be used as a -temporary dwelling -living
quarters for travel; mereatie„a'�nd or vacation uses, or for recreational uses. Such
structures include travel trailers, pop-up (including folding and retractable) campers. ice -
fishing houses, and the like.
(b) Any vehicular, portable structure designed to be mounted mon a tmek mss
self-propelled vehicle for use as a—temporary dwellifrg—living Quarters for travel,
recreation, and r vacation uses. Such structures include, but are not limited to, pick-up
campers.
(c) Any vehicular, portable structure mounted on wheels, designed to be used as
temporary dwelling- iving quarters te4ae-used-for travel, recreation, and vacation uses,
and which is constructed as an integral part of a self-propelled vehicle. Such vehicles
include motorhomes, mini-motorhomes, buses converted into campers, and the like.
Recreational Equipment: '`Ten .,ehie,,'.,,. mate.: ersonal property (non -vehicular)
used primarily for recreation and leisure time activities and purposes, including but not limited4e
sports equipment, picnic tables, barbecue grills, bird feeders, patio furniture, and the like.
(Amended by Ord. No. 2001-06, 02/13/01)
Recreational Vehicle: A self prapelled-vehicle, machine, or device whieh-is-used
primarily for recreation and leisure time activities and purposes, including but not limited to
recreational camping vehicles, classic cars, cars used for racing, bieysles; motor boats, sailboats,
row boats, canoes, snowmobiles, all -terrain vehicles, and the like, together with anv trailer
qppurtenant theret
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Shoreland Related:
(a) Shoreland: Land located within the following distances from public waters: one
thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and
three hundred (300) feet from a river or stream, or the landward extent of a floodplain
designated by ordinance on a river or stream, whichever is greater. The limits of
shoreland may be reduced whenever the waters involved are bounded by topographic
divides which extend landward from the waters for lesser distances and when approved
by the Commissioner of the Department of Natural Resources.
(b) Bluff. Atepegr-aphie feature—sueh as a hill, eliff or embankment atm
following ehar-aeter-isfies (aft area with an aver -age slope ef less than eighteen (18) per-ee
o.�ei., dist nee for- nifty icm f et „ more shall net i e ^ sider-e . ai4 e fthe bluff):A bluff
u \LIJLLfLLVV 1VI 11
is a slope that:
(1) lies within a shoreland manaizement overlay district and drains toward the
waterbody; and
(2) has at least 25 vertical feet of elevation change between the ordinM high
water level (OHWL) and the top of the bluff: and
(3) has at least one 50 -foot segment between the toe of the bluff and the toDoof,
the bluff (measured horizontally and perpendicular to the OHWL) that has an
average gradient of 30 percent or more.
(c) Bluff Impact Zone: n bluff and land 1VVC+ Ga : in t my rem feet f the to
of a The area from the toe of the bluff to a line parallel to and 20 horizontal feet
upslope from the top of the bluff.
(d) Boathouse: A structure designed and used solely for the storage of boats or
boating equipment.
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(e) Diversion: A channel that intercepts surface water runoff and that changes the
accustomed course of all or part of a stream.
(f) Intensive Vegetation Clearing: The complete removal of trees or shrubs in a
contiguous patch, strip, row or block.
(g) Ordinary High Water Level: The boundary of public waters and wetlands, and
shall be an elevation delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point
where the natural vegetation changes from predominantly aquatic to predominantly
terrestrial. For watercourses, the ordinary high water level is the elevation of the top of
the bank of the channel. For reservoirs and flowage, the ordinary high water level is the
operating elevation of the normal summer pool.
(h) Public Waters:
(1) Water basins assigned a shoreland management classification by the
Commissioner of the Department of Natural Resources (DNR) under Sections
103F.201 to 10317.221, except wetlands less than eighty (80) acres in size that are
classified as natural environment lakes.
(2) Waters of the state that have been finally determined to be public waters or
navigable waters by a court of competent jurisdiction.
(3) Meandered lakes, excluding lakes that have been legally drained.
(4) Water basins previously designated by the Commissioner of the DNR for
management for a specific purpose such as trout lakes and game lakes pursuant to
applicable bylaws.
(5) Water basins designated as scientific and natural areas under Section
84.033.
(6) Water basins located within and totally surrounded by publicly owned
lands.
(7) Water basins where the State of Minnesota or the federal government
holds title to any of the beds or shores, unless the owner declares that the water is
not necessary for the purposes of the public ownership.
(8) Water basins where there is a publicly owned and controlled access that is
intended to provide for public access to the water basin.
(9) Natural and altered water courses with a total drainage areas greater than
two (2) square miles.
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(10) Natural and altered water courses designated by the Commissioner of the
DNR as trout streams.
(11) Public waters wetlands, unless the statute expressly states otherwise.
(i) Sewer System: Pipelines or conduits, pumping stations, and force main, and all
other constructions, devices, appliances, or appurtenances used for conducting sewage or
industrial waste or other wastes to a point of ultimate disposal.
0) Shore Impact Zone: Land located between the ordinary high water level of a
public water and a line parallel to it at a setback of fifty (50) percent of the structure
setback.
(k) Steep Slope: Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions of this Chapter. Where specific
information is not available, steep slopes are lands having slopes over twelve (12)
percent, as measured over horizontal distances of fifty (50) feet or more, that are not
bluffs.
(1) Toe of the Bluff. The point on a bluff where there is, as visually ,.bse ,oa, a
clearly identifiable break in the slope, from gentler to steeper slope above. If no break in
the slope is apparent, the toe of the bluff shall be determined to be the evier vna e f W
(50) feet segmen4, measufed on the ground, A4th an aver -age slope emeeeding eightee
(18) percent: lowest point on the lowest 50 -foot segment of a bluff (measured
horizontally and perpendicular to the OHWL), that has an average gradient exceeding 18
percent.
(m) Top of the Bluff. The point on a bluff where there is, as visually observed, , a
clearly identifiable break in the slope, from steeper to gentler slope above. If no break in
the slope is apparent, the top of the bluff shall be determined to be the upper- end of a fi
(50) feet segment, measufed en the ground, with an aver -age slope emeeeding eightee
(18) percent: highest point on the highest 50 -foot segment of a bluff (measured
horizontally and perpendicular to the OHWL), that has an average gradient exceeding 18
percent.
(n) Water -Oriented Accessory Structure or Facility: A small, above ground building
or other improvement, except stairways, fences, dock, and retaining walls, which, because
of the relationship of its use to a surface water feature, reasonably needs to be located
closer to public waters than the normal structure setback. Examples of such structures
and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and
detached decks.
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(o) Watershed: The 81 major watershed units delineated by the map, "State of
Minnesota Watershed Boundaries - 1979".
Transportation Demand Management (TDM) Program: A plan intended to assist in
the reduction of traffic congestion during peak travel hours, the strategies of which include, but
are not limited to, flexible working hours, telecommuting, carpooling, preferential parking mass
transit, biking, and walking_
D. SECTION 21045.07 (SITE PLAN REVIEW—INFORMATION REQUIREMENT),
SUBD. 1 (K) IS HEREBY AMENDED AS FOLLOWS:
(k) Contours, streets, utilities, and structures
located within one hundred (100) feet of the exterior boundaries of the property in
question.
E. SECTION 21045.07 (SITE PLAN REVIEW—INFORMATION REQUIREMENT),
SUBD. 3 (B) IS HEREBY AMENDED AS FOLLOWS:
(b)
Leeation, type and size of all existing significant trees to be Femoved or-
prese ec :Tree preservation plan and reforestation plan, as may be applicable pursuant to
Chapter 5 of the City Code.
F. SECTION 21045.07 (SITE PLAN REVIEW—INFORMATION REQUIREMENT),
SUBD. 4 IS HEREBY AMENDED BY ADDING (J), (K), AND (L) AS FOLLOWS:
(j) Certified survey y a Registered Land Surveyor.
(k) Transportation demand management (TDM) program for any new office or
industrial building that would result in 100 or more employees on the site, and for any
existing office or industrial building that would be converted or expanded in a manner
that would result in 100 or more total employees on the site.
(1) Air dispersion modeling with any application involving storage containment of
hazardous materials identified on the Environmental Protection Agency's consolidated
lists of chemicals subject to the Emergency Planning And Communily Right -to -Know
Act (EPCRA) and Section 112 (r) of the Clean Air Act. Air dispersion modeling for
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hazardous materials not included above may be required based upon the type, quantity, or
storage method of such hazardous material.
G. SECTION 21045.10 (SITE PLAN REVIEW—SITE IMPROVEMENT
PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE), SUBD. 3 (B) IS
HEREBY AMENDED AS FOLLOWS:
(b) The term of the financial guarantee shall be for the life of the site improvement
performance agreement, and it shall be the responsibility of the applicant to ensure
that a submitted financial guarantee shall continue in full force and effect until the Zoning
Administrator shall have approved and accepted all of the work undertaken to be done
and shall thereby have released the guarantee or reduced the amount of the guarantee as
provided in this Section.
H. SECTION 21100.02 (NON -CONFORMING BUILDINGS, STRUCTURES, USES AND
LOTS—GENERAL PROVISIONS), SUBD. 5 (B) IS HEREBY AMENDED AS
FOLLOWS:
(b) Continued Use. A lawful, non -conforming use shall not be enlarged, but may be
continued at the same size and in the same manner of operation as it existiig-existed on
the date iflit became legally non -conforming except as hereinafter specified.
I. SECTION 21100.02 (NON -CONFORMING BUILDINGS, STRUCTURES, USES AND
LOTS—GENERAL PROVISIONS), SUBD. 6 (C) (1) IS HEREBY AMENDED AS
FOLLOWS:
(1) Administrative Approvals. The following expansions of lawful non-
conforming buildings and structures may be approved through the administrative
permit process subject to the provisions of Section
21025 of this Chapter, provided that the. The Zoning Administrator ,hal �
finds de that any suchbuilding--expansion will not have net
external negative impacts upon adjacent properties or public rights -of -way. -
a. Expansion of buildings found to be non -conforming only by reason
of height, yard setback, or lot area may be permitted provided the
structural non -conformity is not increased and the expansion complies
with the performance standards of this Chapter.
b. Lawful non -conforming single family and two family units may be
expanded to improve the livability provided the non -conformity of the
structure is not increased.
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SECTION 21105.03 (GENERAL BUILDING AND PERFORMANCE STANDARDS—
PLATTED AND UNPLATTED PROPERTY) IS HEREBY AMENDED AS FOLLOWS:
21105.03. PLATTED AND UNPLATTED PROPERTY:
Subd. 1. Any person desiring to improve property shall submit to the Building
Official a survey of said premises and information on the location and dimension of existing and
proposed buildings, location of easements er-ossing-within the property, encroachments, and any
other information which may be necessary to ire- evaluate conformance to—with City
ordinances.
Subd. 2. All buildings shall be so placed so that they will not obstruct future streets
which may be constructed by the City and be in conformity with existing streets, adopted plans,
and according to the system and standards employed by the City.
Subd. 3. Substandard lots of record shall be governed by Section 21100 of this
Chapter.
Subd. 4. No more than one principal building shall be located on a single family
residential lot. Except by conditional use permit, no more than one (1) principal building shall be
located on a multiple family residential lot or non-residential lot. The words "principal building"
shall be given their common, ordinary meaning as defined in Section 21005 of this Chapter.
(Amended by Ord. No. 99-5, 01/19/99)
Subd. 5. On a through lot, both street lines shall be front lot lines for applying the
yard setback regulations of this Chapter. In addition, no home on a through lot or corner lot in
any residential zone shall maintain direct access to any arterial street designated as such by the
Comprehensive Plan.
Subd. 6. When a development is proposed which is to be located on two (2) or
more lots, and such lots are required to meet the minimum district area and frontage requirement
and/or are required to accommodate the use, the lots shall be combined in accordance with the
City's Subdivision Ordinance, prior to the issuing of a building permit.
Subd. 7. Except as may be allowed pursuant to Section 21100, when two (2) or
more lots are located in the same zoning district, one (1) or more of which lack adequate area or
dimensions to qualify for use under the current ordinance requirements and are contiguous and
held in one ownership, they shall be combined for use in order to meet the lot requirements by
subdividing the property in accordance with the Subdivision Ordinance.
Subd. 8. In the case of properties which abut street easements, applicable setbacks
shall be determined by the Zoning Administrator and related to roadway classification as
identified in the Plymouth Comprehensive Plan.
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Subd. 9. Outlots are deemed unbuildable and no building permit shall be issued for
such properties.
Subd.10. Except as otherwise allowed by property
subdivision, each lot shall have frontage and access directly onto an abutting, improved and City
accepted public street. An existing lot of record (vacant or for redevelopment) that does not have
frontage and access directly onto an abutting, improved and City accepted public street shall
require approval of a conditional use permit prior to issuance of any buildingep rmits.
K. SECTION 21105.11 (GENERAL BUILDING AND PERFORMANCE STANDARDS—
OUTSIDE STORAGE/DISPLAY), SUBD. 1 (C) IS HEREBY AMENDED AS
FOLLOWS:
(c) In the FRD, RSF, RMF, O -R, 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)
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L. SECTION 21105.11 (GENERAL BUILDING AND PERFORMANCE STANDARDS—
OUTSIDE STORAGE/DISPLAY), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS:
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) Play and rveFeatienal faeilifies.
(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.
(67) Recreational Vv_ehicles ander 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.
(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.
M. 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, -andchimneys up to six (6) feet in width,
window wells and cover, and flues, leaders, sills, pilasters, lintels, ornamental features,
cornices, eaves, gutters, and the like, provided they do not project more than two and one-
half (2-1/2) feet into a required yard. Egress window wells and their related covers may
project not more than three (3) feet into a required yard.
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(b) Terraces, steps, decks, 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.
(c) Play and recreational facilities(Ree-
vehieuler), laundry drying equipment, ar-be-s and #e4 'e", aetached outdoor living rooms
and -or gazebos not exceeding five hundred (500) square feet, and air conditioning or
heating equipment not exceeding established State noise levels, provided they aro at
distmee may be located within: 1) a rear or sided and 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.
N. SECTION 21115.09 (GENERAL YARD, LOT AREA AND BUILDING
REGULATIONS—SINGLE FAMILY DWELLINGS), SUBD. 1 IS HEREBY
AMENDED AS FOLLOWS:
Subd. 1. Be constructed upon a continuous perimeter foundation that ��
Code,fits of this Chapter- and the Minnesota State Building except that open decks of
any size and covered porches or room additions of up to 300 square feet in area may be located
upon pier footings. Additionally, the perimeter foundation need not be continuous in the area of
an elevated breezewav or similar architectural feature that connects the home to a earaee or
similar structure.
O. THE TITLE OF SECTION 21120 (ACCESSORY BUILDINGS, STRUCTURES, USES
AND EQUIPMENT) IS HEREBY AMENDED AS FOLLOWS:
SECTION 21120 - ACCESSORY BUILDINGS, STRUCTURES,
AND USES AND EQUIPMENT
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P. SECTION 21120.01 (ACCESSORY BUILDINGS, STRUCTURES, AND USES—
RESIDENTIAL USES) IS HEREBY AMENDED AS FOLLOWS:
21120.01. RESIDENTIAL USES:
Subd. 1. No accessory use,–building, structure, or mouse shall be allowed
within a front yard, except that an accessory use, building or structure may be allowed within a
front yard which qualifies as an equivalent rear or side yard as defined by this Chapter, provided
it meets the minimum front yard setback specified for the principal building on the lot.
Subd. 2. Within the FRD and RSF Zoning Districts, an attached private garage not
exceeding one thousand (1,000) square feet shall be considered an integral part of the principal
building and such garages are exempt from the provisions of this section. Attached private
garages in excess of 1,000 square feet are not permitted, except by conditional use permit.
Subd. 3. Except in the FRD Zoning Districts, a conditional use permit is required
for construction of more than one (1) detached accessory building in excess of 120 square feet in
gross floor area.
Subd. 4. In addition to other accessory buildings, one (building not to exceed one
hundred twenty (120) square feet in gross floor area shall be permitted.
Subd. 5. No building permit shall be required for buildings containing one hundred
twenty (120) square feet in gross floor area or less, however, such buildings shall comply with all
applicable regulations set forth in this Chapter.
(Amended by Ord. No. 2000-06, 02/29/00)
Q. SECTION 21120.03 (ACCESSORY BUILDINGS, STRUCTURES, AND USES—SIZE)
IS HEREBY AMENDED AS FOLLOWS:
21120.03. SIZE:
Subd. 1. In FRD and RSF Zoning Districts, no accessory building, including a
detached private garage; for a single–family dwelling, shall equal more than thirty (30) percent of
the area of the rear yard or one thousand (1,000) square feet in gross floor area, whichever is less,
except that in the FRD district, an accessory building may exceed one thousand (1,000) square
feet in gross floor area upon issuance of a conditional use permit. Furthermore, the gross floor
area of than accessory building shall not exceed the gross floor area of the principal building,
except by conditional use permit.
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Subd. 2. In RMF Zoning Districts, the total gross floor area of a private garage for a
single family detached dwelling shall not exceed one thousand (1,000) square feet in gross floor
area or the gross floor area of the dwelling, whichever is less, except by conditional use permit.
Subd. 3. Except in the case of single family detached dwellings, accessory
buildings for all other uses shall not exceed thirty (30) percent of the gross floor area of the
principal buildings. In those cases where the standards are exceeded, a conditional use permit
shall be required.
Subd. 4. The maximum height of accessory buildings or—and structures shall be
prescribed in the applicable district, exeept-provided that the height of than accessory building
or structure shall not exceed the height of the principal structure, except as otherwise provided in
this Chapter.
R. SECTION 21120.07 (ACCESSORY BUILDINGS, STRUCTURES, AND USES—
BUILDING MATERIALS) IS HEREBY AMENDED AS FOLLOWS:
21120.07. BUILDING MATERIALS:
Subd. 1. Except in the FRD Zoning District, all accessory buildings in excess of
one hundred twenty (120) square feet that a aeeessery to residential dwelling nits shall be
constructed with a design consistent with the general character of the principal structure on the
lot.
Subd. 2. Accessory buildings constructed primarily of canvas, plastic fabric or
other similar non -permanent building materials shall be prohibited.
S. SECTION 21130.01 (FENCING/SCREENING/LANDSCAPING—FENCE/WALL
REGULATIONS), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. Application Procedures.
(a) Agricultural Developr en4s and Residential, 8single-family, and Ttwo- family
uses. Each application for a permit under this section shall be submitted to the Building
Official on forms provided by the City. Each application shall include a site plan drawn
to scale showing the location of the house(s), garage(s), and other improvements on the
lot and the location of the fencing or wall to be erected, altered or relocated.
(b) Resider*�ther- Than Single and Twoi , Co 1, and T a t Uses
other than agricultural, single-family, or two-family. Request for fencing or walls shall
be processed as part of and according to the procedures of the site plan review, as
stipulated in Section 21045 of this Chapter.
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T. SECTION 21130.01 (FENCING/SCREENING/LANDSCAPING—FENCE/WALL
REGULATIONS), SUBD. 4 (F) IS HEREBY AMENDED AS FOLLOWS:
(f) A certificate of survey may be required by the Building Official for all fences
(except hedges and plantings) or walls to be constructed on or within six (6) feet from the
property line, unless corner property stakes are in place and marked and a survey is filed
with the City. Additionally, retaining walls shall not be placed within any drainage or
ponding easement unless also reviewed and approved by the City Engineer.
U. SECTION 21130.01 (FENCING/SCREENING/LANDSCAPING—FENCE/WALL
REGULATIONS), SUBD. 4 (G) IS HEREBY AMENDED AS FOLLOWS:
(g) A fence shall be required on the top of any retaining wall that exceeds four (4) feet
in height The
Zoning Administrator may grant exceptions to this requirement if the retaining wall does
not pose a public safety concern.
(Amended by Ord. No. 2000-06, 02/29/00)
V. SECTION 21130.01 (FENCING/SCREENING/LANDSCAPING—FENCE/WALL
REGULATIONS), SUBD. 5 (A) AND (B) ARE HEREBY AMENDED AS FOLLOWS:
(a) Man made4Fences constructed of materials with an opacity of up to 100% and
not exceeding six (6) feet in height may beamed located at or behind the minimum
front setback line, wild ng line as established by- for the principal structure on
the lot. Said fence may be allowed -located within a required front yard area whiel*-that
qualifies as an equivalent rear or side yard as defined by this Chapter. (Amended by Ord.
No. 2000-06, 02/29/00) (Amended by Ord. No. 2001-06, 02/13/01)
(b) Fences constructed of materials with an opacily of fifty (50) or more and not
exceeding thirty-six (36) inches in height may be permitted -located within the -a required
front yard area. Fences constructed of materials with an opacity of under 50% (e.g.,
wrouaht iron, chain link, split rail) and not exceeding forty-eight (48) inches in height
may be located within a required front yard area.
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W. SECTION 21130.01 (FENCING/SCREENING/LANDSCAPING—FENCE/WALL
REGULATIONS), SUBD. 5 (G) IS HEREBY AMENDED AS FOLLOWS:
(g) Fences constructed of materials with an opacity of under 50% (e.g., wrought iron
chain link) and not exceedirYe-ten (10) feet in height may be permitted to enclose
tennis courts provided all other requirements of this subdivision are met, and shall not
require a conditional use permit or interim use permit where a tennis court is a permitted
or accessory use.
X. SECTION 21130.03 (FENCING/SCREENING/LANDSCAPING—REQUIRED
FENCING, SCREENING AND LANDSCAPING), SUBD. 1 (A) (1) IS HEREBY
AMENDED AS FOLLOWS:
(1) Where any townhouse, manor home, manufactured home nark, or
apartment dwelling structure abuts property zoned for less dense residential use,
the higher density residential use shall provide screening along all off-street
parking or formal outdoor recreational activity areas to mitigate possible adverse
impacts. Housing of similar types and densities shall not be subject to special
screening requirements for formal outdoor recreational activity areas.
Y. SECTION 21130.03 (FENCING/SCREENING/LANDSCAPING—REQUIRED
FENCING, SCREENING AND LANDSCAPING), SUBD. 2 IS HEREBY AMENDED
AS FOLLOWS:
Subd.2. Landscaping - New Residential—Subdivisions, —Public, Semi -Public,
Institutional,t�^'��ei�ese; 11 , "�r` �'a�Multiple
Family, Manufactured Home Park, Commercial, and Industrial Uses ��' ^" r.,^^ri,o n�^a„^:�^
Pr-epe f .y Uses (&ielu ing detae oa single family dwelling , pAto Prior to approval of a building
permit, all above referenced uses shall be subject to mandatory landscape plan and specification
requirements. Said landscape plan shall be developed with an emphasis upon the boundary or
perimeter of the proposed site at points adjoining other property and the immediate perimeter of
the structure. All landscaping incorporated in said plan shall conform to the following standards
and criteria:
(a) Landscape Design Elements. Elements of landscape design may include:
(1) Existing topographical and vegetative features.
(2) Berming.
(3) Plantings, including the required minimum number of overstory trees,
understory trees, shrubs, flowers, and ground cover materials.
15
(b) Types and Species of New Trees.
(1) All tree species shall be indigenous to the appropriate hardiness zone and
physical characteristics of the site, as specified by the City Forester.
(2) To the extent possible, native drought -resistant trees shall be utilized.
(3) All types and species of overstory and understory deciduous and
coniferous trees and their cultivars shall be consistent with the City of Plymouth's
Landscape Tree List, as provided by the City Forester.
(4) The complement of trees fulfilling the requirements of this section shall be
not less than twenty-five (25) percent deciduous and not less than twenty-five (25)
percent coniferous.
(c) Number of Trees. The minimum number of overstory trees on any given site shall
be as follows:
(1) Multiple Family Uses. Townhouse, manor home, manufactured home
park and apartment dwelling structures shall contain as a minimum: one (1) tree
per dwelling unit.
(2) Non -Residential Uses. Non-residential uses shall contain at a minimum
the greater of:
a. One (1) tree per one thousand (1,000) square feet of gross building
floor area; or
b. One (1) tree per fifty (50) lineal feet of site perimeter.
(3) Overstory Trees. An equivalent of up to fifty (50) percent of the required
number of overstory trees may be substituted with the use of overstory trees in
combination with other landscape design elements as listed in Section 21130.03,
Subd. 2.a. above. In such case, not less than three (3) understory trees shall be
provided for each one (1) required overstory tree substituted.
(d) Planting Size.
(1) Required trees shall be of the following minimum planting size:
a. Deciduous Trees. Two and one-half (2.5) inches in diameter as
measured from six (6) inches above the ground.
b. Coniferous Trees. Six (6) feet in height.
01
(2) A minimum of fifteen (15) percent of the required minimum number of
trees for multi -residential developments shall be long-lived deciduous trees, three
and one-half (3.5) inches in diameter as measured six (6) inches off the ground.
(3) Evergreen shrubs used for screening purposes including those used in
conjunction with berming shall be a minimum of thirty-six (36) inches in height.
(e) Spacing.
(1) Plant material centers shall not be located closer than three (3) feet from
the fence line or property line and shall not be planted to conflict with public
plantings or public right-of-way based on the judgment of the Zoning
Administrator.
(2) Where plant materials are planted in two (2) or more rows, plantings shall
be staggered in rows unless otherwise approved by the Zoning Administrator.
(3) The spacing of trees shall be appropriate to the type of tree species
provided. Where massing of plants or screening is intended, large deciduous
shrubs shall not be planted more than four (4) feet on center, and/or evergreen
shrubs shall not be planted more than three (3) feet on center, unless otherwise
approved by the City Forester. (Amended by Ord. No. 99-5, 01/19/99)
(f) Sodding and Ground Cover. All areas not otherwise improved in accordance
with approved site plans shall be sodded. Exceptions to this criteria may be
recommended by the Planning Commission and approved by the City Council as follows:
(1) Seeding may be provided in lieu of sod in any of the following cases:
a. Where the seed is applied to future expansion areas as shown on
approved plans.
b. Where the seed is applied adjacent to natural areas or wetlands.
C. Where the seed is applied to low maintenance areas along side
principal arterials which are defined by the Comprehensive Plan.
(2) Undisturbed areas containing existing viable natural vegetation which can
be maintained free of foreign and noxious plant materials.
(3) Areas designated as open space or future expansion areas properly planted
and maintained with prairie grass.
(4) Use of mulch materials such as bark and wood chips in support of shrubs
and foundation plantings.
17
(5) For single family residential properties, portions of rear yards which lie
beyond twenty-five (25) feet of the lot's principal building may be seeded,
except in cases where the rear yard abuts a public street. Where a rear yard
abuts a public street, that portion of the rear yard within 25 feet of the lot line
shall be sodded. Proper erosion control measures shall be implemented and
maintained until vegetation is established.
(g) Slopes and Berms.
(1) Final slope grades steeper than the ratio of three to one (3: 1) shall not be
permitted without special approval treatment such as ground cover, terracing or
retaining walls.
(2) Berming used to provide required effective screening of parking lots and
other open areas shall have a maximum slope ratio of three to one (3:1).
(h) Planting Method. All trees shall be planted in a method, and pursuant to
specifications, as prescribed by the City Forester.
(13i) Landscape Guarantee. All new plants shall be guaranteed for one (1) full year
from the time planting has been completed. All plants shall be alive and in satisfactory
growth at the end of the guarantee period or be replaced.
Z. SECTION 21130.04 (FENCING/SCREENING/LANDSCAPING—TREE
PRESERVATION) IS HEREBY AMENDED AS FOLLOWS:
21130.04. TREE PRESERVATION: As part of the site plan review requirements of
Section 21045 of this Chapter or subdivision application, a tree preservation plan shall be
submitted for all new and/or expanded subdivision, multiple family residential, manufactured
home park, commercial, industrial, and institutional uses. The plan and its implementation shall
be in accordance with Seeti,", 500.24 Chapter 5 of the City Code. This s eetien shall not appy
18
FIN
18
AA. SECTION 21135.03 (OFF-STREET PARKING AND LOADING—GENERAL
PROVISIONS), SUBD. 1 (B) IS HEREBY AMENDED AS FOLLOWS:
(b) For the purpose of determining off-street parking and loading requirements,
Commercial Districts include the O -R, Office Reside.4ial District. Except where
otherwise allowed by this eChapter, requirements for the P -I District shall be the same as
for Commercial District.
BB. SECTION 21135.08 (OFF-STREET PARKING AND LOADING—LOCATION),
SUBD. 5 IS HEREBY AMENDED AS FOLLOWS:
Subd. 5. In the case of single family, two family, townhouse, and manor home
dwellings, parking shall be prohibited:
(a) Within three (3) feet of any side or rear lot line.
(b) Within any established drainage or utility easement, unless approved by the City
Engineer. (Amended by Ord. No. 2000-06, 02/29/00)
(c) In any portion of the front yard except designated driveways leading directly into a
garage or one (1) open,�suf we parking_space located on the side of a driveway, away
from the principal use. --Said -erafa spaee shall be sui=faeeder with eencr«e or- itufflifieus
fnater-ial
CC. SECTION 21135 (OFF-STREET PARKING AND LOADING) IS HEREBY
AMENDED BY ADDING SECTION 21135.16 AS FOLLOWS:
21135.16. DRIVE THROUGH BUSINESSES: In addition to the provisions of this
Section, drive-through businesses are also regulated by Section 21120 09 of this Chapter.
19
DD. SECTION 21145 (HOME OCCUPATIONS) IS HEREBY AMENDED AS FOLLOWS:
SECTION 21145 - HOME OCCUPATIONS
21145.01. PURPOSE: The purpose of this section is to maintain the character and
integrity of residential areas and to provide a means through the establishment of specific
standards and procedures by which home occupations can be conducted in residential
neighborhoods without jeopardizing the health, safety and general welfare of the surrounding
neighborhood. In addition, this section is intended to provide a mechanism enabling the
distinction between those home occupations having minimal or no secondary impact, and those
which have potential for adverse effects upon surrounding properties.
21145.02. APPLICATION: Subject to the non -conforming use provision of this section,
all occupations other than home offices as defined by Section 21005 of this Chapter which are
conducted in the home shall comply with the provisions of this section.
21145.03. PROCEDURES AND PERMITS:
Subd. 1. Permitted Home Occupations. Permitted home occupations, as defined in
this Chapter, are exempt from permitting and licensing requirements but shall comply with the
applicable provisions of Section 21145.04.
Subd. 2. Interim Home Occupations. Any home occupation which does not meet
the specific requirements for a permitted home occupation as defined in this section shall require
an "interim home occupation license" which shall be applied for, reviewed and processed in
accordance with the procedural provisions of Section 21030.04, Subd. 2.(a) of this Chapter.
Subd. 3. Declaration of Conditions. The Zoning Administrator and City Council
may impose such conditions on the granting of an interim home occupation license as may be
necessary to carry out the purpose and provisions of this section.
Subd. 4. Effect of Permit. An "interim home occupation license" may be issued for
a period of one (1) year after which the license may be reissued for periods of up to three (3)
years each by the Zoning Administrator.
Subd. 5. Transferability. Home occupation licenses shall not run with the land and
shall not be transferable.
21145.04. REQUIREMENT - GENERAL PROVISIONS: All home occupations shall
comply with the following general provisions and according to definition, the applicable
requirement provisions.
20
Subd. 1. General Provisions.
(a) No home occupation shall produce light, glare, noise, odor or vibration that will in
any way have an objectionable effect upon adjacent or nearby property.
(b) No equipment shall be used in the home occupation which will create electrical
interference to surrounding properties.
(c) Any home occupation shall be clearly incidental and secondary to the residential
use of the premises, shall not change the residential character thereof, and shall result in
no incompatibility or disturbance to the surrounding residential uses.
(d) No home occupation shall require internal or external alterations or involve
construction features not customarily found in dwellings except where required to comply
with local and state fire and police recommendations.
(e) There shall be no exterior storage of equipment, trailers, or materials used in the
home occupation, emc-ept personal automobiles used in the home eeeupafienbe
parked on the site.
(f) The home occupation shall meet all applicable fire and building codes.
(g) There shall be no exterior display or exterior signs or interior display or interior
signs which are visible from outside the dwelling. (Amended by Ord. No. 2000-06,
02/29/00)
(h) All home occupations shall comply with the provisions of the City Nuisance
Ordinance.
(i) No home occupation shall be conducted between the hours of 10:00 PM and 7:00
AM unless said eeeupafien is n4a nod entirely NN4- i toe pr-ineipal pr-palbuilding.
0) Excepting incidental materials, no commodities shall be sold on the premises.
(k) Not over twenty-five (25) percent of any one story of the home shall be used for a
home occupation.
Subd. 2. Requirements - Permitted Home Occupations.
(a) No person other than those who reside on the premises shall be
employed by the home occupation.
(b) Not more than one (1) client or customer per day shall come to the premises in
question for purposes pertaining to the conduct of the home occupation.
21
(c) All permitted home occupations shall be conducted entirely within the principal
dwelling, and may not be conducted in an attached garage or in an accessory building.
(d) On -street parking facilities shall not be utilized to accommodate parking demand.
(e) Not more than one vehicle shall be kept on the premises in relation to the
operation of the home occupation, and such vehicle shall have a gross vehicle weight
rating (GVWR) of less than 12,000 pounds.
Subd. 3. Requirements - Interim Home Occupation.
(a) No person other than those who reside on the premises shall engage in business
activities on the premises. The business may employ others only if their work activities
are performed off the premises.
(b) Examples of interim home occupations include: —massage therapy, barber and
beauty services, photography studio, lessons, saw sharpening, small appliance&-e.��
engine repair and the like.
(c) The home occupation may involve any of the following: stock -in -trade incidental
to the performance of the service but not sold on the premises, repair service or
manufacturing which requires equipment other than customarily found in a home.
(d) Interim home occupations may be allowed to accommodate their parking demand
through utilization of on -street parking. In such cases where on -street parking facilities
are necessary, however, the Zoning Administrator shall maintain the right to establish the
maximum number of on -street spaces permitted and increase or decrease that maximum
number when and where changing conditions require additional review.
(e) There shall not be more than ten (10) client appointments per day upon the
premises.
Subd. 4. Prohibited Home Occupation Activities.
(a) Auto repair, whether for consideration or not, of vehicles which are not registered
to a resident of the dwelling, or to a son or daughter, sibling, parent, grandparent, or
grandchild of a resident on the property.
(b) Businesses, educational programs, or similar gatherings which meet on a re ular
basis and have more than five (5) non-residents in attendance at a time.
(c) Gun or ammunition sales/repair.
22
(d) Music instruction, unless conducted within a single-family detached dwelling.
(e) Pet care facilities, except for petrog oming.
21145.05. [REPEALEDLNON CONFORMING US& Existing home eeeupati
lawffilly existing on the date of this Chapter- may eentinue as non eeafefffling Uses. later-ifn
home eeeupatiens shall, however, be r-equir-ed te obtain heenses fer- theif eefAimed oper-ation-by
1 T^nuar-y 1998. A.ty existing 1.Ve a ..:tatiom tha4 is-drisecvi4iaue for-cPcn"7 of +rn
tn
thiAy (30) days, er- is in vielatien of the Chapter- pr-evisiens under- whieh it was initially
,..,.».....,......, shall be .......5i.t aaaw wuivaaciacy vra ,
21145.06. INSPECTION: The City hereby reserves the right upon issuing any home
occupation license to inspect the premises in which the occupation is being conducted to ensure
compliance with the provisions of this section or any conditions additionally imposed.
23
EE. SECTION 21155.03 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
1 IS HEREBY AMENDED AS FOLLOWS:
Subd.1. All Districts. The following signs are permitted in all zoning districts
subject to applicable administrative procedures of Section 21155.04.
(a) On -Site -Directional Signs. On-site Ddirectional signs shall be permitted in any
approved off-street parking area. when deemed necessary for the orderly movement of
traffic, provided all the following conditions are met: dim suesigns sha4 not be used as
(1) Directional signs shall not exceed four (4) square feet of surface area, and
shall not project higher than eight (8) feet above grade,_except that directional
signs for buildings over 400,000 square feet in area shall not exceed fourteen (14)
square feet of surface area.
(2) Directional signs directed at persons off the site shall be limited to one (1)
such sign per street access to the site.
(3) Directional signs shall not be illuminated unless illumination is deemed by
the City as essential to the orderly flow of traffic.
(4) Directional signs shall be located and designed so as to not obstruct traffic
or vision of drivers and pedestrians.
(5) Directional signs shall not be used as advertising space.
(b) Off-sSite dDirectional sSigns:_
(D–_In addition to other freestanding signs permitted in the applicable zoning
district, off-site directional signs are permitted for businesses, apartment
complexes, or institutions that are not located on a minor arterial or a major
collector street. Such businesses, apartment complexes, or institutions may
display one (1) off-site directional sign on private property that abuts a minor
arterial or major collector street, subject to the following requirements:
Off-site directional signs may be located in any zoning district.
There shall be no more than one (1) off-site directional sign for
each business, apartment complex, or institution.
Off-site directional signs shall be visible from a minor arterial or
major collector street.
24
(4)____d. Off-site directional signs shall be located at the major intersection
nearest to the business, apartment complex, or institution displaying the
sign.
There shall be no more than one (1) off-site directional sign per
intersection corner.
(6)---L Off-site directional signs shall not exceed four (4) square feet in
surface area or eight (8) feet in height.
Off-site directional signs shall not be illuminated.
(8)_____h. Off-site directional signs shall not contain any advertising or logos.
The sign shall contain the business, apartment complex, or institution
name plus directional arrows and/or information on location.
(9) i Off-site directional signs cannot be transferred to any other entity
without review and permitting by the Zoning Administrator.
(4-0)__i Off-site directional signs shall be located outside of the sight
visibility triangle.
No off-site directional sign shall be located on any property
without the written consent of the current property owner. The business,
qpartment complex, or institution shall be responsible to obtain written
consent from subsequent property owners.
Off-site directional signs required by the City of Plymouth for
public safety purposes are subject to the above requirements. Such signs
may exceed four (4) square feet in area to accommodate an affected
location address.
(Amended by Ord. No. 2001-26, 08/14/01)
(5)LZLOne (1) off-site directional sign for commercial or industrial uses may be
located on an abutting premises if deemed necessary by the Zoning Administrator
in order to avoid confusion to the traveling public and assist emergency vehicles
in locating the premises, provided all the following conditions are met:
a. The signage rights are designated in a recorded easement or similar
instrument.
b. The premises served by the off-site directional sign shall not have
direct access to a public street.
25
C. The off-site directional sign shall be located on a premises that 1)
provides access to the premises served by the off-site directional sign, and
2) has access on an arterial or collector roadway.
d. No advertising message or business logo shall be placed upon such
sign.
e. The sign shall comply with all other ordinance requirements,
except that the maximum height of such sign shall not exceed five (5) feet.
(Amended by Ord. No. 2001-06, 02/13/01)
(bc) Temporary Signs.
(1) Construction Signs. One (1) temporary sign not exceeding a total surface
area of ninety-six (96) square feet, not exceeding sixteen (16) feet in height, and
not less than two (2) feet above grade.. Such signs shall be set back at least ten
(10) feet from lot lines. Such signs shall be allowed for three (3) years from the
date of original building permit issuance, or until construction in the development
is completed, whichever occurs first.
(2) Real Estate Signs, Off -Premise. One (1) temporary real estate sign
located off the site being developed shall not exceed sixteen (16) square feet in
surface area, or six (6) feet in height, or eight (8) feet in width. Such signs shall
be set back at least ten (10) feet from lot lines. Off-site temporary real estate signs
shall be located at least two hundred (200) feet from any other such sign, unless
grouped with other temporary real estate signs, provided that the total surface area
of all such grouped signs shall not exceed thirty-two (32) square feet. The signs
shall be located on private property with the express consent of the property
owner who, with the owner or manager of the sign, shall be equally responsible
for the proper location, maintenance, and ultimate removal of the sign. Such signs
shall be allowed for three (3) years from the date of original building permit
issuance, or until construction in the development is completed, whichever occurs
first. More than one off-site temporary real estate sign may be allowed per
development in cases where, due to the large size of the project or due to an
incomplete roadway system, such signage is deemed necessary by the Zoning
Administrator to avoid confusion to the traveling public. (Amended by Ord. No.
2001-06, 02/13/01)
(3) Campaign Signs. Temporary signs for political campaigns shall not
exceed thirty-two (32) square feet in surface area, except that maximum size shall
not apply from August 1 in state general election years, and shall be removed not
more than ten (10) days after an election. The owner or manager of the sign, the
owner of the land, or the political candidate shall be equally responsible for the
proper location, maintenance, and ultimate removal of the signs. Setback
26
requirements may be waived for such signs, provided that they are located on
private property with the express consent of the property owner, and provided that
they do not impede safety by obstructing vision of pedestrians or motor vehicle
operations.
(4) Public Announcement Signs. Temporary signs for non-commercial
announcements by civic groups shall not exceed thirty-two (32) square feet in
surface area. For city-wide and free community events, up to three (3) such signs
per event may be permitted with a maximum surface area not to exceed three
hundred (300) square feet. Such signs shall be located at least ten (10) feet from
lot lines, and shall be removed when the intended purpose has been fulfilled. The
owner or manager of the sign, the owner of the land, or the sponsoring civic group
shall be equally responsible for the proper location, maintenance, and ultimate
removal of the sign. (Amended by Ord. No. 2000-06, 02/29/00)
FF. SECTION 21155.03 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
2 (D) (2) IS HEREBY AMENDED AS FOLLOWS:
(2) The area identification signage shall be located at -near the—entrances to the
project or subdivision, except that one (1) area identification sign does not need to
be located near an entrance to the project or subdivision provided it is located
along an abutting arterial or major collector roadway.
GG. SECTION 21155.03 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. O -R, Office R«aentiaa-aasitien District. Signs are accessory to
permitted, conditional, and interim uses in the O -R District. Only the following signs are
permitted in this district, unless otherwise specifically provided in this section:
(a) All signs permitted in Section 21155.03, Subd. 1. of this Section.
(b) Business Signs.
(1) One freestanding business sign not exceeding sixty-four (64) square feet in
surface area, and maximum height of sixteen (16) feet. The sign shall be set back
at least ten (10) feet from lot lines.
(2) Wall business signage shall be permitted on one wall; however, lots with
frontage on two or more streets may have signage on one wall per street frontage.
Such signage shall not exceed fifty (50) square feet in surface area, or five (5)
percent of the area of the wall to which the sign is attached, whichever is greater;
and, shall not extend more than eighteen (18) inches from the face of the building
27
except that such signage may extend from the face of the roof over a covered
walk, or from a marquee, providing the signage does not extend above the roof
line or parapet of said building. (Amended by Ord. No. 99-5, 01/19/99)
(3) Canopies shall be considered to be an integral part of the structure to
which they are accessory. Signs may be attached to a canopy, but such structures
shall not be considered as part of the wall area, and thus shall not warrant
additional sign area. Canopy signage shall be deducted from the permitted wall
signage area.
(4) Business signs shall direct attention to the business, profession,
commodity or service which is found on the premises where the sign is located,
except that such a sign may be placed on an adjacent premises if all the following
conditions are met:
a. There is common ownership of the two premises or the two
premises share a common development name, and the signage rights are
designated in a recorded easement or similar instrument.
b. The sign is in compliance with all other ordinance requirements.
C. The premises served by the off-site business sign shall not have
frontage on a collector or arterial street.
d. The sign shall be located on a premises that has frontage on an
arterial or collector roadway.
e. The premises served by the off-site business sign shall not have or
install a freestanding sign on their own premises while such off-site
business sign is in existence.
f. The sign shall not contain arrows or other forms of directions to
the premises served by the sign.
(c) Area Identification Signs.
(1) Area identification signage shall be permitted for commercial
developments with two or more structures.
(2) The area identification signage shall be located at4he-near entrances to the
development, except that one (1) area identification sign does not need to be
located near an entrance to the project or subdivision provided it is located along
an abutting arterial or major collector roadway.
28
(3) Two (2) area identification signs, not exceeding thirty-two (32) square feet
in surface area per sign, or ten (10) feet in height, may be permitted per
development. An area identification sign shall be located at least ten (10) feet
from lot lines.
(4) When such signs are proposed and constructed by an individual or firm
other than the individual or association who will be responsible for the
maintenance, there shall be a covenant prepared by the proponent establishing
responsibility for the maintenance of the sign or signs over the entire project or
subdivision, to be approved by the City Attorney, and to be recorded on the
property title(s) prior to issuance of the sign permit. Further, appropriate
easements shall be provided for the approved signs on the property or properties
where the signs are to be located; the easements shall be recorded prior to the
issuance of the sign permit.
(d) Signs for Residential Uses. For residential uses in the O -R District, signs shall
be permitted as allowed in Section 21155.03, Subd. 2.
(e) Temporary Signs.
(1) Special Event Signs. One temporary sign for commercial announcements
such as grand openings and special events, may be mounted on a portable stand,
with a maximum surface area not exceeding thirty-two (32) square feet, or may be
a wall sign subject to the same size standards as the permanent wall signage
allowed for the enterprise. Such signs must be located on the subject property and
may be used not more than four (4) times per calendar year, and for a period of
not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or
more lease -spaces shall be permitted one such sign per tenant per calendar year.
Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a
single property for purposes of this paragraph. The use of the single temporary
sign by tenants on the property shall be the responsibility of the property owner or
designated manager who shall endorse in writing, all applications for sign permits.
The owner or manager of the sign and the owner of the property shall be equally
responsible for the proper location, maintenance, and removal of the sign. The
sign, sign supports, and portable stand shall be removed from public view at the
end of the period.
(2) Transient Merchant Signs. One (1) temporary sign for transient
merchants and transient produce merchants. The sign shall not exceed sixteen
(16) square feet in surface area, and shall not exceed six (6) feet in height. The
sign shall be set back at least ten (10) feet from lot lines and shall be erected only
during the period of transient sales.
(3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the
development, the availability of lots and/or buildings, the sale, rent, or lease of
FM
land, of primary buildings, and of areas within primary buildings shall have a
surface area not exceeding ninety-six (96) square feet, shall be located on the
subject property, and shall be removed when the intended purpose has been
fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from
lot lines, and shall not be located in any required side or rear yard. The owner or
manager of the sign and the owner of the land, shall be equally responsible for the
proper location, maintenance, and ultimate removal of the sign.
HH. SECTION 21155.03 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD.
4 (D) (2) IS HEREBY AMENDED AS FOLLOWS:
(2) The area identification signage shall be located eke -near entrances to the
development, except that one (1) area identification sign does not need to be
located near an entrance to the project or subdivision provided it is located along
an abutting arterial or major collector roadway.
II. SECTION 21170.01 (ANIMALS—KEEPING ANIMALS) IS HEREBY AMENDED AS
FOLLOWS:
21170.01. KEEPING ANIMALS: The following animals may be kept in the City:
Subd. 1. Domestic animals are allowed in all zoning districts, as regulated by
Chapter 9 of the Cityode.
Subd. 2. The keeping of horses is an allowed use in the FRD and RSF , Zoning
T'iuistrict provided:
(a) The minimum lot size is two and one-half (2.5) acres.
(b) The number of horses does not exceed one (1) per acre unless a higher number is
granted by the issuance of an interim use permit.
Subd. 3. Except as provided -herein in the FRD district, farm animals are not
alle ve�prohibited in the City. -Where alle �a, Furthermorejarm animals may not be enfine
in -any pen, pasture, paddock, feedlot., or building N44thi i -designed to confine a farm animal shall
be located not less than one hundred (100) feet 4-2wy from any residential dwelling that is not
owned or leased by thee person owning the farm animal.
Subd. 4. Animals being kept as part of the Minnesota Zoological Gardens, St. Paul
Como Zoo, or similar institutional docent programs are an allowed use in all zoning districts by
administrative permit. Prior to permit issuance, the participant in the program shall notify the
Zoning Administrator in writing of their participation in the program and identify all animals
being kept.
30
Subd. 5. No animal feedlots shall exceed ten (10) animal units as defined by
Minnesota Rules 7020.0300, Subp. 5.
Subd. 6. Animals may only be kept for commercial purposes if authorized in the
zoning district where the animals are located.
Subd. 7. Animals may not be kept if they cause a nuisance as defined by the City
Code or endanger the health or safety of the community.
Subd. 8. Except as may be allowable by interim use permit in the FRD district
commercial Ddog kennels are prohibited in the Cily. shall require „tori ,.. • o omit r n4
te-Seetie Chapter- and shall -be-stbjeette-other- appheable seer ons of the City
Code.
Subd 9. The keeping of wild animals shall be regulated in accordance with Section
915.29 of the City Code.
(Amended by Ord. No. 98-44, 12/16/98)
JJ. SECTION 21185.06 (LAND FILLING AND LAND EXCAVATION/GRADING
OPERATIONS—SECURITY) IS HEREBY AMENDED AS FOLLOWS:
21185.06. SECURITY: The City shall require either the applicant or the owner or user of
the property on which the landfill or excavation/grading is occurring to post a security in such
form and sum as determined by the Zoning Administrator. The amount of the security shall be
sufficient to cover the City's extraordinary cost and expense of repairing, from time to time, any
highways, streets or other public ways where such repair work is made necessary by the special
burden resulting from hauling and travel in transporting fill or excavated material. The amount
of the security shall also be sufficient to iasufe-ensure compliance with all requirements of this
section, and the particular permit, and to pay the expense the City may incur as a result of the
permit.
31
KK. SECTION 21350.07 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT
CONDITIONAL USES), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS:
Subd. 6. Living quarters which are provided as an accessory use to a principal use
in Section 216350.03 or to a conditional use in this section provided that: I
(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.).
LL. SECTION 21350.09 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT
INTERIM USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Commercial Ddog kennels as a secondary use.
MM. SECTION 21350.11 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT—
USES BY ADMINISTRATIVE PERMIT), SUBD. 4 IS HEREBY AMENDED AS
FOLLOWS:
Subd. 4. Outside, above ground storage facilities for fuels used for heating
purposes, or for motor fuel dispensing purposes related to an approved principal use, but not for
sale, subject to the same conditions as allowed in an -the O -R District.
NN. SECTION 21355.09 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1—INTERIM USES) IS HEREBY AMENDED AS FOLLOWS:
21355.09. INTERIM USES: Subject to applicable provisions of this section, the following
are interim uses in a RSF-1 District and are further governed by Section 21020 of this Chapter.
Subd. 1. Agriculture, nurseries, greenhouses for growing only, landscape gardening
and tree farms, including sale of products grown on premises.
Subd. 2. Landfilling and land excavation/grading operations including mining as
regulated by Section 21185 of this Chapter.
Subd.43. Temporary classroom structure for use by public or private school.
32
00. SECTION 21355.13 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1—AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21355.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in an RSF-1 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
33
PP. SECTION 21360.13 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2—AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21360.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in an RSF-2 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
accessory
uses
(a) Special requirements for environmental overlay districts - See appropriate text
(b) Abutting an arterial street
(c) Applies to each street frontage other than an arterial street
d Applies to each street fronts e
35
QQ. SECTION 21365.13 (RSF-3, SINGLE FAMILY DETACHED DWELLING DISTRICT
3—AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21365.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in an RSF-3 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
Rear —
detached
accessory
(a) Special requirements for environmental overlay districts - See appropriate text
(b) Abutting an arterial street
(c) Applies to each street frontage other than an arterial street
37
RR. SECTION 21370.13 (RSF-4, SINGLE AND TWO FAMILY DWELLING DISTRICT—
AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY
AMENDED AS FOLLOWS:
21370.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in a RSF-4 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
38
accessory
(a) Special requirements for environmental overlay districts - See appropriate text
(b) SF= Single Family Detached Dwelling / TF = Two family dwelling
(c) Applies to each street frontage
(d) Setbacks apply to base lot or public ri is -of -way:
39
SS. SECTION 21375.13 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED
AS FOLLOWS:
21375.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in a RMF -1 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
40
41
TT. SECTION 21380.13 (RMF -2, MULTIPLE FAMILY DWELLING DISTRICT 2—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED
AS FOLLOWS:
21380.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in a RMF -2 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
42
43
UU. SECTION 21385.13 (RMF -3, MULTIPLE FAMILY DWELLING DISTRICT 3—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED
AS FOLLOWS:
21385.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in a RMF -3 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
res.
structures
Rear = 140
ethff
aseNon-
VV. SECTION 21390.13 (RMF -4, MULTIPLE FAMILY DWELLING DISTRICT 4—AREA
REQUIREMENTS AND CONSTRUCTION LIMITATIONS) IS HEREBY AMENDED
AS FOLLOWS:
21390.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in a RMF -4 District subject to additional
requirements, exceptions and modifications set forth in this Chapter:
45
(Amended by Ord. No. 2001-06, 02/13/01)
WW. SECTION 21450 (O-R,OFFICE/RESIDENTIAL TRANSITION DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
SECTION 21450 - O -R, OFFICE DISTRICT
21450.01. PURPOSE: The purpose of the O OfficeiResidential (0 R) T-Fansitien Zoning
District is to provide an area for an orderly and progressive *,.ansi en i lmd use fiem business
commercial offices and uses that are compatible with commercial offices. A full range of public
services and facilities shall be available in O -R areas.
21450.03. PERMITTED USES: The following are permitted uses in a -the O -R District:
Subd. 1. Banks, savings and loans, credit unions and other financial institutions, not
including drive -up tellers.
Subd. 2. Commercial and professional offices.
Subd. 3. Dwelling, elderly (senior citizen).
Subd. 4. Essential services not including structures, except those requiring
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 5. Funeral homes and mortuaries.
Subd. 6. Medical, dental and chiropractic offices and clinics.
Subd. 7. Private clubs and lodges.
Subd. S. Residential facilities such as nursing homes, assisted living facilities and
similar group housing, but not including hospitals, sanitariums or similar institutions.
Subd. 9. Retail commercial activities limited to those listed as permitted or
permitted accessory uses within a C-1 Zoning District.
Subd. 10. Therapeutic massage.
Subd. 11. Veterinary clinics and pet grooming.
(Amended by Ord. No. 98-27, 08/19/98 & Ord. No. 2000-06, 02/29/00)
47
21450.05. ACCESSORY USES: The following are permitted accessory uses in an the O -R
District:
Subd. 1. Accessory uses incidental and customary to uses allowed as permitted,
conditional, interim and administrative permits in this section.
Subd. 2 Fences as regulated by Section 21130 of this Chapter.
Subd. 3 Off-street parking and off-street loading as regulated by Section 21135 of
this Chapter, but not including semi -trailer trucks.
Subd.4 Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 5 Signs as regulated by Section 21155 of this Chapter.
21450.07. CONDITIONAL USES: The following are conditional uses allowed in a -the O-
R 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. Banks with drive -up tellers.
Subd. 3. Building in excess of height limitations specified in the area requirements
and construction limits section of this district 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 the area
requirements and construction limits section of this district, 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. 4. Convenience Grocery Markets with Prepared Food and/or Motor Fuel
Sales (no vehicle service or repair), provided that:
48
(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.
(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 a 90 -degree cutoff. Illumination levels for pump islands shall not
exceed 30 -foot candles.
(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.
(Amended by Ord. No. 2001-06, 02/13/01)
Subd. 5. 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. 6. Educational facilities, including public and private accredited nursery,
elementary, middle or junior high, and high schools.
(Amended by Ord. No. 99-15, 05/18/99)
Subd. 7. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 8. 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. 9. Extended Stay Hotels without restaurants provided that:
(a) More than fifty (50) percent of the rooms shall have cooking facilities.
(b) Accessory restaurants, reception halls, cocktail lounges, and conference centers
shall be prohibited.
(c) All signage shall be compatible with surrounding residential and business uses.
Subd. 10. Special Event and Catering Restaurants, provided that:
(a) No drive-through window service shall be provided.
(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 applicable State and County regulations.
(c) The use will not conflict with existing or potential neighboring uses.
(d) The use will not adversely impact the existing level of service on streets and
intersections.
(Amended by Ord. No. 2001-06, 02/13/01)
21450.09. INTERIM USES: Subject to applicable provisions of this Section, the following
are interim uses in the O -R District and are further governed by Section 21020 of this Chapter.
Subd. 1. Landfilling and land excavation/grading not including mining, as regulated
by Section 21185 of this Chapter.
50
21450.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of
this Section, performance standards established by this Chapter, and processing requirements of
Section 21025, the following are uses allowed in an -the O -R 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. Model homes, temporary as regulated by Section 21165.
Subd. 4. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
Subd. S. Outside, above ground storage facilities for fuels used for heating
purposes, emergency backup generators, or for motor fuel dispensing purposes related to the
approved principal use, but not for sale. Such facilities shall be limited to liquefied petroleum
and propane gas used for standby heating and to equipment used for dispensing such gaseous
fuels to vehicles and containers which are used in conjunction with the allowed principal use.
The location and design of such facilities for new developments shall be included with the site
plan submitted for review and approval as required by this Chapter. The location and design of
such facilities for existing developments in all cases shall be subject to the approval of the
Zoning Administrator and the following criteria: (Amended by Ord. No. 2001-06, 02/13/01)
(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.
51
Subd. 6. Real estate offices, temporary, as regulated by Section 21165 of this
Chapter.
Subd. 7. Temporary mobile towers for personal wireless service antennas.
Subd. 8. Temporary structures as regulated by Section 21167 of this Chapter.
52
21450.13. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The
following minimum requirements shall be observed in a -the O -R District subject to additional
requirements, exceptions and modifications set forth in this Chapter.
(Amended by Ord. No. 99-5, 01/19/99)
53
XX. SECTION 21655.17 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—THE
VILLAGE AT BASSETT CREEK PUD), SUBD. 3 (C) IS HEREBY AMENDED AS
FOLLOWS:
(a) The uses allowed on Block 4 (the commercial office site) in The Village of
Bassett Creek PUD are any permitted, accessory, or interim uses allowed in the O -R
(Offi e Residential 'zoning Ddistrict, as well as banks with drive -up tellers and daycare
facilities.
YY. SECTION 21655.17 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT—THE
VILLAGE AT BASSETT CREEK PUD), SUBD. 4 (B) and (C) ARE HEREBY
AMENDED AS FOLLOWS:
(b) Development standards for Block 5 (the senior apartment site) shall be as
specified under the O -R zoning district.
(c) Development standards for Block 4 (the commercial office site) shall be as
specified under the O -R zoning district.
ZZ. SECTION 21665.03 (SHORELAND MANAGEMENT OVERLAY DISTRICT—
GENERAL PROVISIONS), SUBD.1 IS HEREBY AMENDED AS FOLLOWS:
Subd.1. Lands to which Subdivision Applies and Classification of Public Waters.
(a) This section shall apply to all lands within the jurisdiction of the City of Plymouth
and which are located within the shoreland areas of those public waters which have been
defined and classified by the Commissioner of the Department of Natural Resources
pursuant to Minnesota Statutes and State Regulations, and which are shown on the
Shoreland Management Map which shall be considered a part of the Official Zoning Map
and this Chapter.
(b) The following public waters have been classified for purposes of this Chapter by
the Commissioner of the Department of Natural Resources; the lakes include: Pike, Bass,
Mud, Pomerleau, Schmidt, Lost, Turtle, Medicine, Parkers, Kreatz, Snyder, Mooney,
Hadley, Gleason, and Cavanaugh; and, the tributary streams include: Elm Creek, Bass
Creek, Plymouth Creek and these unnamed tributaryn located in Section-7-te
Section —5 2 in the vicinity of Eagle and Pike Lakes (commonly referred to as Pike
Creek . The unnamed tributary running from Basin 583 in Section 13 to the
municipal boundary in Section 13 (commonly referred to as Lost Creek) shall be exemp
from the provisions of this Section.
54
(c) The defined shorelands of these public waters are those governed by this section.
These public waters have been classified by the Commissioner of the Department of
Natural Resources pursuant to Minnesota Statutes and Minn. Reg. Parts
6120.2500-6120.3900 as follows:
(1) General Development (GD) The following lakes: Bass (98P), Lost
(103P), and Medicine (104P).
(2) Recreational Development (RD) The following lakes: Gleason (95P),
Hadley (109P), Kreatz (108P), Snyder (468P), Mooney (134P), Parkers (107P),
Pike (111P), Schmidt (102P), Turtle (101P), and Cavanaugh (110P).
(3) Natural Environment (NE) The following lakes: Mud (99P) and
Pomerleau (100P).
(4) Tributary Streams (TS) -- The following creeks: Bass Creek (from Basin
98 in Section 2 to Basin 571 in Section 1 and from Basin 599 in Section 8 to
Basin 98 in Section 11); Elm Creek (from Section 7 to Section 5); Plymouth
Creek (from Section 17 to Basin 104 in Section 26); and these unnamed
tributaryie&,--fr-em located in Section 7- to Seel e 2 in the vicinity of Eagle and
Pike Lakes (commonly referred to as Pike Creek). ate The unnamed tributary
running from Basin 583 in Section 13 to the municipal boundary in Section 13
(commonly referred to as Lost Creek) shall be exempt from the provisions of this
Section.
55
TABLE 1
CLASSIFICATION OF LAKES
Lake Name
DNR I.D. No. and
Class
Location(Section)
O.H.W.L.(in feet)
Bass
98P / GD
2,11
906.1
Cavanaugh
110P / RD
34
954
Gleason
95P / RD
5,32
943.4
Hadley
109P / RD
31
961.4
Kreatz
108P / RD
29,30
972.3
Lost
103P / GD
13
939.8
Medicine
104P / GD
14,23-26
889.1
Mooney
134P / RD
30,25
988
Mud
99P / NE
3,4
967-967.5
Parkers
107P / RD
28,33
934:3935.9
Pike
111P / RD
1,2
874.2
Pomerleau
100P / NE
4,9
937
Schmidt
102P / RD
11
924.3
Snyder
468P / RD
30
977 est.
Turtle
101P / RD
9,16
963.8 (No.)
963.2 (So.)
NOTE: Refer to text and to Shoreland Management Area Map for Details
GD --General Development RD --Recreational Development NE --Natural Environment
O.H.W.L.--Ordinary High Water Level
TABLE 2
NAMES AND LOCATIONS OF TRIBUTARY STREAMS (TS)
Tributary Name Common/Official
Location Sections
Bass Creek / same
1, 2, 4, 5, 8, 9, 10, 11
Elm Creek / same
5, 6, 7
Pike Creek / unnamed
2
Plymouth Creek / same
16, 17, 21, 22, 26, 27
Lost Creek / unnamed Exem t
113
NOTE: Refer to text and to Shoreland Management Area Map for Details
941
AAA. SECTION 21670.06 (WETLANDS DISTRICT—ALTERNATIVE WETLAND
BUFFER STRIPS AND SETBACKS: WITH EXTRAORDINARY MANAGEMENT
MEASURES), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. The City Council will evaluate the appropriateness of using the alternative
standards as part of its review of a sketch plan. An applicant must receive Council approval
through either- of these this review processes prior to submitting a preliminary plan or plat
application that applies the alternative buffer strip standards.
BBB. SECTION 21670.07 (WETLANDS DISTRICT—MONUMENT REQUIRED) IS
HEREBY AMENDED AS FOLLOWS:
21670.07. MONUMENT REQUIRED: A permanent wetland buffer monument is requr-ed
shall be installed at each lot line where it crosses a wetland buffer= and where needed to indicate
the contour of the buffer, with a maximum spacing of two hundred (200) feet of wetland edge. If
no buffer is required, the monument shall be at the edge of the wetland.
CCC. SECTION 21670.08 (WETLANDS DISTRICT—BUFFER STRIP VEGETATION
PERFORMANCE STANDARDS), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS:
Subd. 3. Where buffer areas, or a portion thereof, are not vegetated or have been
cultivated or otherwise disturbed within ten (10) years of the permit application, such areas shall
be re -planted and maintained according to each of the following standards:
(a) The soil in wetland buffer strips shall be amended, as necessary to ensure that the
soil has an ormanic content of not less than ten (10) percent and not more than twenty (20)
percent.
(ab) Buffer zones shall be planted with a seed mix containing one hundred (100)
percent perennial native plant species, except for a one-time planting of an annual nurse
or cover crop such as oats or rye.
(bc) The seed mix to be used shall consist of at least twelve (12) pounds pure live seed
(PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native
forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and
(5) species respectively.
(ed) The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per
acre.
57
(de) Native shrubs may be substituted for forbs. Such shrubs may be bare root
seedlings and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be
distributed so as to provide a natural appearance and shall not be planted in rows.
(efl Any ground cover or shrub plantings installed in buffer areas are independent of
landscaping requirements set forth elsewhere in the City code and City policy.
(fg) Native prairie grasses and forbs shall be planted by a qualified contractor using a
drill designed for native prairie grass seedings, such as a Truax or Nesbitt Native Grass
Drill or a John Deere 1550 Power -Till Seeder.
(g_h) No fertilizer shall be used in establishing new buffer zones, except on highly
disturbed sites when deemed necessary to establish acceptable buffer vegetation and then
limited to amounts indicated by an accredited soil testing laboratory.
(hi) All seeded areas shall be mulched immediately with clean straw at a rate of one
and one-half (1.5) tons per acre. Mulch shall be anchored with a disk or tackifier.
Qj.) Buffer zones (both natural and created), shall be protected by silt fence during
construction and the fence shall remain in place until the area crop is established.
(}k) Applicants may obtain from the City a set of standard seeding and planting
specifications for buffer zones which meet all the City requirements.
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on January 22, 2002.
ATTEST:
Sandra R. Paulson, City Clerk
58
r
Jo celyn H. Tierney, ayor