HomeMy WebLinkAboutCity Council Ordinance 2002-19CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2002-19
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH
CITY CODE, THE PLYMOUTH ZONING ORDINANCE (2002020)
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Amendments. The text of Chapter 21 of the City Code, the Plymouth
Zoning Ordinance, is hereby amended as follows:
A. SECTION 21005 (DEFINITIONS) IS HEREBY AMENDED AS FOLLOWS:
Wind Energy Conversion System (WECS): Any device such as a wind
charger, windmill or wind turbine which converts wind energy to a form of usable
energy.
B. SECTION 21173 (WIND ENERGY CONVERSION SYSTEMS (WECS)) IS
HEREBY ADDED AS FOLLOWS:
Section 21173 — WIND ENERGY CONVERSION SYSTEMS (WECS)
21173.01. PURPOSE AND INTENT. The purpose of this Section is to establish
predictable and balanced regulations for the establishment of commercial and
noncommercial WECS in the locations and circumstances under which the use may be
established without detriment to the public health safety and welfare of nei h� boring
property owners or occupants.
2.1173.03. GENERAL STANDARDS. The following shall apply to all WECS:
Subd. 1. No more than one WECS shall be permitted per lot.
Subd. 2. The height of a WECS shall be determined calculating the height
from the base of the tower at grade to the highest possible extension of the blades.
Subd. 3. The setback shall not exceed the following distances:
a) From the nearest dwelling, school, business or other habitable
structure: 300 feet or the height of the WECS, whichever is
greater.
(b) From the nearestubp lic right -of
IMLay: 300 feet or the height of the
WECS whichever isegr. ater.
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(c) From the nearest property line: 300 feet or the height of the
WECS whichever is greater. This distance may be reduced if the
applicant provides supporting information showing that the WECS
can function within the nighttime noise standards specified in
Section 2025.07 of the City's Noise Ordinance (Receiving Land
Use Standards) and if the WECS is adjacent to permanent public
open space. However, in no instance shall any portion of the
WECS extend over any_property line, including the full arc area
created by any blades used in the system.
(d) From recreational fields: 300 feet or the height of the WECS,
whichever is greater. The setback may be reduced if the applicant
provides documentation that the recreation field is not used or
maintained for winter sport activities. However, in no instance
shall any portion of the WECS extend over any recreational field,
including the full arc area created by any blades used in the
system.
(e) No porton of the WECS, including the full arc area created by any
blades used in the system, shall extend over any above -ground
power line or drainage and utility easement.
Subd. 4. Blade arcs created by the WECS shall have a minimum of 30 feet
of clearance over any accessory structure or tree within the full arc area created by
any blades used in the system.
Subd. 5. The WECS shall be equipped with both a manual and an automatic
braking device capable of stopping the WECS operation in high winds.
Subd. 6. The WECS, including the blades, shall be grounded and shielded
to protect against natural lightning strikes in conformance with the National
Electrical Code.
Subd. 7. The WECS shall not include tower climbing apparatus within
twelve feet of the ground.
Subd. 8. The WECS shall display a sign posted at the base of the tower, not
to exceed two (2) square feet in area. The sign shall contain the following
information:
a) A warning of high voltage.
b) The manufacturer's name.
C) An emergency telephone number.
d) The emergency shutdown procedures.
Additional signs may be required on the basis of individual applications as safety
needs dictate.
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Subd. 9. No WECS shall have affixed or attached lights, reflectors, flashers
or any other illumination, except for those devices required by the Federal
Aviation Administration.
Subd. 10. The WECS shall be filtered, shielded or otherwise designed and
constructed so as not to cause electrical, radio frequency, television, and other
communication signal interference.
Subd. ll. The WECS shall be constructed in a monopole design of tubular
steel and shall be self-supporting without the use of guy wires or other similar
features. Towers under two hundred (200) feet in height shall be painted a non -
contrasting color consistent with the surrounding area such as pale gray or white
or have a galvanized finish to reduce visual impact. Towers over 200 feet shall
follow the above requirements unless otherwise directed by the Federal Aviation
Administration.
Subd. 12. All obsolete and unused towers and equipment shall be removed
within twelve (12) months of cessation of operation at the site, unless an
exemption is granted by the Zoning Administrator.
21173.05. TEMPORARY METEOROLOGICAL EQUIPMENT. Temporary
meteorologicalquipment located upon a temporary mobile tower used on an interim
basis to gather wind and meteorological data to determine feasibility of the WECS shall
require the processing of an Administrative Permit and shall comply with the following
standards:
Subd. 1. The tower shall be placed on property for no longer than eighteen
months from the date of Administrative Permit issuance. Any abandoned or
obsolete temporary mobile tower shall be removed within 30 days from the
cessation of operation at the site.
Subd. 2. The tower shall be temporary by nature and shall not have
permanent foundations. Guy wires may be used as long as the connections to the
ground are temporary and the wires are designed to support the wind and ice load
of the tower.
Subd. 3. The tower shall meet the minimum wind and ice load design
required by City Code and the Uniform Building Code.
Subd. 4. The tower and guy wires shall be protected against unauthorized
climbing.
Subd. 5. The tower shall meet the requirements of Section 21173.03, except
Subd. 4, 7, 10 and 11 of Section 21173.03.
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21173.07. ADDITIONAL SUBMITTAL REQUIREMENTS: In addition to the
information required elsewhere in this Code, development applications for WECS and
temporary towers for meteorological equipment shall include the following supplemental
information:
Subd. 1. A significant tree inventory in conformance with Section 500.24
showing the loss of significant trees within the construction area for the WECS
and/or temporary mobile tower.
Subd. 2. A letter or copy of the review response from the Federal Aviation
Administration concerning the development application and their requirements for
warning devices, height restrictions, etc.
Subd. 3. A certified survey for the property and/or all lands within two
times the distances specified in Section 21173.03, Subd. 2, veriging the location,
dimensions, types and uses of existing structures, proposed accessory structures,
above -ground utility lines, property lines, height of all significant trees, drainage
and utility easements, public rights-of-way and the proposed location for the
WECS.
Subd. 4. The technical specifications of the WECS including, but not
limited to, the type, height, blade length, operating parameters, the anticipated
sound level at the property line, and lightning protection.
Subd. 5. Clearance distances between the farthest extension of the WECS
blades to the property lines.
SECTION 21350 (FRD, FUTURE RESTRICTED DEVELOPMENT
DISTRICT) IS HEREBY AMENDED AS FOLLOWS:
21350.05. ACCESSORY USES: The following are permitted accessory uses in a
FRD District:
Subd. 1. Accessory uses incidental and customary to the uses allowed as
permitted, conditional, interim, and administrative permit in this section.
Subd. 2. Administrative offices, meeting rooms, classroom, and food
preparation and service areas in private and public recreational facilities, and the uses of
which are incidental and directly related to the primary use.
Subd. 3. Keeping of animals subject to Section 21170 of this Chapter.
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Subd. 4. Boarding or renting of rooms to not more than two (2) individuals
per dwelling unit.
Subd. 5. Day care facilities licensed under Minnesota Rules, parts
9502.0300 to 9502.0445 serving 14 or fewer persons in a residential dwelling unit, or as
otherwise permitted by law.
Subd. 6. Fences as regulated by Section 21130 of this Chapter.
Subd. 7. Home occupations and home offices as regulated by Section 21145
of this Chapter.
Subd. 8. Private garages and off-street parking and off-street loading as
regulated by Section 21135 of this Chapter.
Subd. 9. Play and recreational facilities, only accessory to an existing
principal permitted use on the same lot and which are operated for the enjoyment and
convenience of the residents of the principal use and their occasional guests, except as
otherwise permitted.
Subd. 10. Recreational vehicles and equipment parking and storage as
regulated by Section 21105.11 of this Chapter. (Amended by Ord. No. 2000-06,
02/29/00)
Subd. 11. Signs as regulated by Section 21155 of this Chapter.
Subd. 12. Tool houses, sheds and other such structures for the storage of
domestic supplies and equipment.
Subd. 13. Radio and television receiving antennas including single satellite
dish TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or
those necessary for the operation of household electronic equipment including radio
receivers, federal licensed amateur radio stations and television receivers, as regulated by
Section 21175 of this Chapter.
Subd. 14. Temporary meteorological equipment and associated tower as
regulated by Section 21173 of this Chapter.
21350.07. CONDITIONAL USES: The following are conditional uses allowed in
a 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.
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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. 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.).
Subd. 7. Parks and recreational areas owned or operated by public bodies;
other than the City of Plymouth.
Subd. 8. Recreational fields (outdoor) including golf courses, swimming
pools, and similar facilities, and directly related buildings and structures.
Subd. 9. Recreational structures and buildings (private), including those for
golf, tennis and swimming, located on the premises of clubs or other allowed uses.
Subd. 10. Residential shelters in accordance with Section 21190.02.
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Subd.11. 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.12. Single satellite dish TVROs greater than one (1) meter in diameter
as regulated by Section 21175 of this Chapter.
Subd.13. Stables and riding academies.
Subd.14. WECS as regWated by Section 21173 of this Chanter.
D. SECTION 21650 (PI, PUBLIC/INSTITUTIONAL DISTRICT) IS HEREBY
AMENDED AS FOLLOWS:
21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter,
the following are permitted accessory uses in the PI District:
Subd.1. Accessory uses customarily incidental to the uses permitted in
Sections 21650.03, 21650.07, and 21650.09 of this Chapter.
Subd. 2. Buildings and structures for a use accessory to the principal use but
such structure shall not exceed thirty (30) percent of the gross floor space of the principal
use.
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Subd. 3. Fences as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and loading areas as regulated by Section 21135
of this Chapter.
Subd. 5. Signs as regulated by Section 21155 of this Chapter.
Subd. 6. Liquor on -sale when accessory and customary to uses permitted in
Sections 21650.03, 21650.07, and 21650.09 of this Chapter.
Subd. 7. Temporary meteorological equipment and associated tower as
regulated by Section 21173 of this Chapter.
21650.07. CONDITIONAL USES: Subject to applicable provisions of this
Chapter, the following are conditional uses in an PI 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.
(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".
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(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.
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. Hospitals, sanitariums or similar institutions provided that:
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(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. 12. 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.13. Medical, dental and chiropractic offices and clinics, commercial
and professional offices, funeral homes and mortuaries.
Subd.14. Other uses of the same general character as those listed in Sections
21650.03 and 21650.07 of this Chapter.
Subd.15. Outdoor recreational areas including golf courses, swimming
pools, and similar facilities.
Subd.16. Reduction in lot area requirements.
Subd.17. Residential shelters in accordance with Section 21190.02.
Subd.18. Retail commercial activities and personal services, 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.
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(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. 19. 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.
Subd. 20. WECS as regulated by Section 21173 of this Chapter.
Section 2. Effective Date. This Ordinance shall be in full force and effect upon its
passage.
Adopted by the City Council this 14th day of ay, 2002.
Judy Johnko4,1peputy Mayor
ATTEST `
Sandra R. Paulson, City Clerk