Loading...
HomeMy WebLinkAboutCity Council Ordinance 2001-06CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2001- 06 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (20174) 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 21000.09 (TITLE AND APPLICATION—USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS) IS HEREBY AMENDED AS FOLLOWS: 21000.09. USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS: Whenever in any zoning district a use is knot specifically allowed as a permittedRe;-do- mis- 4, accessory, conditional, or interim use, nor is such use allowed by administrative permit, the use shall be considered prohibited. In such cases, the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission or property owner, upon receipt of the staff study may, if appropriate, initiate an amendment to the Zoning Ordinance to provide for the particular use under consideration or may find that the use is not compatible for development within the City. B. SECTION 21005.01 (RULES AND DEFINITIONS—RULES OF CONSTRUCTION) IS HEREBY AMENDED BY ADDING SUBD. 9 AS FOLLOWS: 1 Subd. 9. If a conflict arises between the graphic illustrations presented in this code and the text of this code, the text shall prevail. C. SECTION 21005.02 (RULES AND DEFINITIONS—DEFINITONS) IS HEREBY AMENDED BY ADDING, DELETING, OR CHANGING THE FOLLOWING DEFINITIONS AS FOLLOWS: Amusement Center: A business at one location devoted primarily to the operation of amusement machines as defined ' below and open for public use and participation; or locations with seven (7) or more amusements machines and open for public use and participation. Amusement Machine: A mechanical amusement device of any of the following types: (a) A machine or electronic contrivance, including "pinball" machines, mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical and electronic devices and games or amusements patterned after baseball, basketball, hockey and similar games and like devices, machines or games which may be played solely for amusement and not as a gambling device and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such devices or machines are located, and which contain no automatic payoff devices for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to permit a free play or game, or equipped to dispense nominal prizes, such as candy or toys, or coupons or tokens redeemable for such prizes. The term does not include coin-operated music machines. (b) Amusement devices designed for and used exclusively as rides by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition. Day Care Facility, State Licensed: Any facility licensed by the State Department of Human Services or Department of Health, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty- four (24) hours per day, in a place other than the person's own home. Day care facilities include but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, day time activity centers, day treatment programs and day services, nursery and preschools and Montessori schools, as defined by Minnesota State Statutes, Chapter 245A, as may be amended. 2 Density: The net acreage of the site (which excludes wetlands and areas below the 100 -year ordinary high water level) divided by the number of dwelling units. Hotel, Extended Stay: A building or structure intended as, used as, maintained as, or advertised as a place where sleeping accommodations are furnished to the public as regular roomers, primarily for periods of one week or more. Lot Line: A line of record bounding a lot which divides one (1) lot from another lot or from a street or alley right-of-way or public street easement. Recreation, Commercial: A business directed toward the general public, not requiring membership, that offers recreational entertainment such as bowling alleys, billiard halls, miniature golf, ballrooms, roller rinks, sports and health clubs and the like. (Amended by Ord. No. 98-14, 05106198) Recreational Equipment: Non -vehicular materials used primarily for recreation and leisure time activities and purposes, including but not limited to ' ports equipment. Yard, Equivalent: The open area on through and comer lots, which may be required and/or permitted as an alternative to a required rear or side yard between the- rip ncipal building and an abutting arterial, major collector, or other public street where access has been prohibited. D. SECTION 21040.03 (ENVIRONMENTAL REVIEW—ENVIRONMENTAL ASSESSMENT WORKSHEETS), SUBD. 4 (B) (1) IS HEREBY AMENDED AS FOLLOWS: (1) Upon completion of the EAW for distribution, the Zoning Administrator shall provide mailed notice of the availability of the EAW and date of the meeting at which the Planning Commission will consider the matter to all property owners within at least seven hundred and fifty (;AA750) feet of the boundaries of the property which is the subject of the EAW. Said notice shall be mailed at minimum ten (10) days before the date of the Planning Commission meeting during which the EAW will be considered. 3 E. SECTION 21105.06 (GENERAL BUILDING AND PERFORMANCE STANDARDS—EXTERIOR LIGHTING), SUBD. 1 AND SUBD. 2 ARE HEREBY AMENDED AS FOLLOWS: 21105.06. EXTERIOR LIGHTING: Except for single- and two-family homes located within the RSF zoning districts, all exterior lighting shall comply with the following standards: Subd. 1. Maximum Intensity of Lighting and Glare: (a) Any light or combination of lights shall not exceed one-half (1/2) foot candle (meter reading) as measured from the property line or the center line of a public street. (b) Any lighting shall be arranged so as not to produce glare beyond the property line. Lenses, deflectors, shields, louvers, or prismatic control devices shall be used to eliminate glare. Subd. 2. Minimum Intensity of Lighting: (a) The following lighting requirements are established for personal and traffic safety and crime prevention: Use Min. Illumination Maximum/Minimum Uniformity Ratio Commercial Parking lots 0.9 -foot candles 12:1 Industrial Parking Lots 0.6 -foot candles 12:1 Residential and P/I Parking Lots 0.2 -foot candles 10:1 Parking structures 5 -foot candles Pedestrian walkways and stairwells 20 -foot candles Entrances and exits 30 -foot candles Pedestrian access to a building 5 -foot candles 6:1 1. The minimum light at the point of least illumination when measured at ground level. 2. Applies to multi -family buildings with 12 or more units, schools, religious institutions, parks, and public buildings. 3. Applies to commercial, industrial, and multi -family buildings with 12 or more units. The minimum illumination standards shall only apply to the primary entrance(s) of the building. (b) The Zoning Administrator may approve exceptions to the minimum lighting requirements based on the type of use, site characteristics, and the location and type of adjacent land uses. (c) In no instance may required lighting have a greater maximum/minimum uniformity ratio than identified in Section 221105.06, Subd_ 2 (a), unless approved by the Zoning Administrator. In reviewing a request to deviate from this standard, the Zoning 4 Administrator shall consider the type of use, site characteristics, and the location and type of adjacent land uses. (d) The minimum illumination levels identified in Subd. 2. (a) above shall apply during the normal business hours of the building for which the parking lot serves. F. SECTION 21105.11 (GENERAL BUILDING AND PERFORMANCE STANDARDS—OUTSIDE STORAGE/DISPLAY), SUBD. 1 IS HEREBY AMENDED BY ADDING (C) 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. G. SECTION 21115.03 (GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—BUILDING TYPE, AND CONSTRUCTION), SUED. 3 IS HEREBY AMENDED AS FOLLOWS: Subd. 3. Commercial and Public/Institutional Districts. (a) In business and P -I districts, any exposed metal or fiberglass finish ^ buildings 4211 h- limited tZno mom tha-13- C443, (5Q4 per-cotu og all walls shall be limited to fifty (50) percent of the surface of any building wall. Any -metal finish utilized in the building shall be a minimum of twenty-six (26) gauge steel. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. The roof slope shall be limited to a maximum of one to twelve (1:12) slope, unless approved by the Zoning Administrator. H. SECTION 21115.03 (GENERAL YARD, LOT AREA AND BUILDING REGULATIONS—BUILDING TYPE, AND CONSTRUCTION), SUBD. 4 (A) IS HEREBY AMENDED AS FOLLOWS: (a) In industrial districts, all buildings constructed of curtain wall panels of stool, ahuy4mun-metal or fiberglass shall bo r-squkod 4@ -be faced with brick, wood, stone, architectural concrete cast in place or pre -cast concrete panels on all wall surfaces. The required wall surface treatment may allow up to fifty (50) percent of tie—gametal or fiberglass wall surface to remain exposed if it is coordinated into the architectural design. For buildings which abut residential uses, the building material requirements of Subd. 3 above shall apply. In cases where industrial buildings are not visible from adjacent residential uses, the Zoning Administrator may grant an exception to the building material requirements of Subd. 3., above. 5 I. SECTION 21130.01 (FENCING/SCREENING/LANDSCAPING—FENCE/WALL REGULATIONS), SUBD. 5 (A) IS HEREBY AMENDED AS FOLLOWS: (a) Man-made fences not exceeding six (6) feet in height may be permitted at or behind the front building line as established by the principal structure. Said fence may be allowed within a front yard which qualifies as an equivalent rear or side yard as defined by this Chapter. (Amended by Ord. No. 2000-06, 02/29/00) J. SECTION 21135.06 (OFF-STREET PARKING AND LOADING—OFF-STREET PARKING RESTRICTIONS), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS: Subd. 1 Except where otherwise allowed as exterior storage or in a zoning district, trucks with a gross vehicle weight rating (GVWR) of twelve thousand (12,000) pounds or more, or greater than thirty (30) feet in length, and -as well as contracting or excavating equipment, storage trailers, and mobile storage compartments shall -xray not be parked, stored or otherwise located on any property within the City unless being used in conjunction with a temporary service benefiting the premises. (Amended by Ord. No. 99-5, 01/19/99) K. SECTION 21135.07 (OFF-STREET PARKING AND LOADING—PARKING AREA DESIGN), SUBD. 1 (A) IS HEREBY AMENDED AS FOLLOWS: (a) Except in the FRD, District and except for residential uses in the RSF-1 and RSF-2 Districts, all . exposed parking areas and driveways shall be surfaced with material such as asphalt or concrete. Equivalent surfacing materials and porous pavement options may be allowed upon approval by the Zoning Administrator. 7 L. SECTION 21135.07 (OFF-STREET PARKING AND LOADING- PARKING AREA DESIGN), SUBD. 5 (E) IS HEREBY AMENDED BY DELETING THE PARKING LOT DIAGRAM AS SHOWN ON PAGE 7 (BELOW) AND REPLACING IT WITH A NEW PARKING LOT DIAGRAM AS SHOWN ON PAGE 8 HEREIN, AS FOLLOWS: L Front Lot Line� U01P K L Side Lot Lin Curb Line I B I OI A i I E II ` 1 . F G H K Rear Lot Lin P1 D w M. SECTION 21135.07 (OFF-STREET PARKING AND LOADING -PARKING AREA DESIGN), SUBD. 5 (E) IS HEREBY AMENDED AS FOLLOWS: Dimension Di am 450 600 750 900 Stall width parallel to aisle* A 12.7 10.4 9.3 9.0 Stall length of line B 25.0 22.0 20.0 18.5 Stall depth C 17.5 19.0 19.5 18.5 Aisle width between stall lines D 12.0 16.0 23.0 26.0 Stall depth, interlock E 15.3 17.5 18.8 18.5 Module, edge of pavement to interlock F 44.8 52.5 61.3 63.0 Module, interlocking G 42.6 51.0 61.0 63.0 Module, interlock to curb face H 42.8 50.2 58.8 60.5 Bumper overhang (typical) I 2.0 2.3 2.5 2.5 Offset J 6.3 2.7 0.5 0.0 Front yard setback of parking to lot line K** R Districts- Residence Uses (except 1 & 2 30 Family) R Districts- Non Residential Uses 20 Commercial and P/I Districts 20 Industrial Districts 50 Adult Correctional Facilities 200 Side and rear yard setback of parking to lot line K** R Districts- Residence Uses (except 1 & 2 Family) €e� aGGOSSOF bwgs�l( R Districts- 1 & 2 Family 3 R Districts- Non Residential Uses 30 Commercial and P/I Districts 20 Industrial Districts 20 Adult Correctional Facilities 400 Cross aisle, one-way L 14.0 14.0 14.0 14.0 Cross aisle, two-way - - 24.0 24.0 24.0 24.0 Front lot line to drive (landscape area) M R Districts - Residential Uses 10.0 R Districts - Non Residential Uses 30.0 Commercial and P/I Districts 10.0 Industrial Districts 25.0 Side and rear lot line to drive** N R Districts - 1&2 Family Dwellings 3.0*** (landscape area) R Districts - Other Residential Uses f" 1 R Districts - Non Residential Uses 30.0 Non -Residential Uses 15.0 Parallel parking, stall width Q__ 9.0 Parallel parking. stall length X - 23.0 Parking or drive aisle setback to principal structure All Districts 10.0 Minimum inside turning radius for fire lanes - - All Districts 45' 10 * Require handicap stalls and ramps shall be per State Code. ** Joint or combined parking facilities on separate lots as authorized and when constructed adjacent to a common lot line separating two (2) or more parking areas are not required to observe the parking area setback from such common lot line. *** Except lots with frontage on cul-de-sac turnarounds. N. SECTION 21135.07 (OFF-STREET PARKING AND LOADING—PARKING AREA DESIGN), SUBD. 5 (G) IS HEREBY AMENDED AS FOLLOWS: (g) Parking Ramps. (1) Parking ramps shall be set back from lot lines as required for the principal building on the lot, or as required for parking spaces specified by this section, whichever is greater. (2) Except as otherwise approved by the Zoning Administrator, off-street parking ramps shall be designed in compliance with the applicable dimensional requirements of Section 21135.07, Subd. 5.e. O. SECTION 21135.11 (OFF-STREET PARKING AND LOADING—NUMBER OF OFF-STREET PARKING SPACES REQUIRED) IS HEREBY AMENDED AS FOLLOWS: 21135.11. NUMBER OF OFF-STREET PARKING SPACES REQUIRED: The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth. 11 USE NUMBER OF PARKING SPACES REQUIRED Subd.1. Residential: Single Family Dwellings Two (2) spaces. Two Family Dwellings Two (2) spaces per family unit. Multiple Family Dwellings, Town- Two and one-half (2.5) fee free spaces for each Houses, Manor Homes living unit, of which one (1) must be enclosed. Housing for Elderly One and one-half (1.5) spaces for each dwelling unit. Subd. 2. Institutional/Educational/Cultural: Auditoriums, Theaters, Religious One (1) space for each four (4) permanent seats Institutions, Sports Arenas based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this Chapter. Community Center, Physical Culture One (1) space for each three hundred (300) Studio, Libraries, Museums square feet of floor area. Nursing Homes, Rest Homes One (1) space for each four (4) beds. Private or Private Non -Profit Baseball One (1) space for each eight (8) seats of design Fields capacity. School, Elementary and Junior High Three (3) spaces for each classroom. This (Public or Private) requirement may be reduced at the Zoning Administrator's discretion to reflect facility use and/or parking policy. Adequate space shall be allowed for the dropping off and/or picking up of students as determined by the Zoning Administrator. School, High School (Public or Private) One (1) space for each two (2) students based on the design capacity. This requirement may be reduced at the Zoning Administrator's discretion to reflect facility use and/or parking policy. Adequate space shall be allowed for the dropping off and/or picking up of students as determined by the Zoning Administrator. Subd.3. Non -Residential: Animal Hospitals or Kennels Five (5) spaces plus one (1) space for each five hundred (500) square feet of floor area over one thousand (1,000) square feet. Automobile Washes: Shall be determined by the type of automobile wash as listed below: Automatic Drive Five (5) spaces or one (1) per employee on Through Service maximum shift, whichever is greater. 12 Self -Service Car Wash One (1) space per bay. Motor Fuel Station One (1) space in addition to. that required for the Automobile Washes station. Banks with Drive Up Tellers One (1) space for every three hundred fifty (350) square feet of floor area plus stacking requirements determined under Section 21120.09, Subd. 4. of this Chapter. Beauty or Barber Shops Two (2) spaces for each beauty or barber chair. Bowling Alleys Five (5) spaces for each lane or alley, plus additional spaces as may be required herein for related uses contained within the principal structure. Day Care Facilities One (1) space for each employee, plus one (1) space for each six (6) children of licensed capacity. Drive -In Convenience Food One (1) space for each two and one-half (2.5) Establishment seats plus one (1) space for each fifteen (15) square feet of public service and counter area. SqU"o fast o }ice'; ama plaS S s Furniture Sales One (1) space for each four hundred (400) square feet of floor area for the first twenty-five thousand (25,000) square feet, plus one (1) space for each six hundred (600) square feet thereafter. Manufacturing One (1) space for each employee on the major shift or one (1) space for each three hundred fifty (350) square feet, whichever is greater, plus one (1) space for each company motor vehicle on the remises. Medical, Chiropractic, or Dental Offices One (1) space for every two hundred (200) feet of or Clinics floor area. Motels, Hotels, Lodging or Boarding One (1) space per sleeping unit, plus one (1) Houses space per day shift employee plus one (1) space for each forty (40) square feet devoted to meeting or banquet rooms. Motor Fuel Stations Four (4) spaces plus two (2) spaces for each service stall. Those facilities designed for sale of other items than strictly automobile products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this Chapter. 13 Office Buildings and Professional One (1) space for each two hundred fifty (250) Offices, Other Than Any Area for square feet of floor area. Doctors, Chiropractors, or Dentists; Banks without Drive Up Tellers, Public Administration Offices Restaurants, Private Clubs, Lodges, One (1) space for each forty (40) square feet of Food Dispensing Establishments (Except floor area of dining and bar area and one (1) Drive -In Restaurants) space for each eighty (80) square feet of kitchen area. Retail Commercial Uses, Except as One (1) space for each two hundred (200) square Prescribed Herein feet of floor area. Retail Sales and Service Business with Eight (8) spaces or one (1) space for each two 50 Percent or More of Gross Floor Area hundred (200) square feet devoted to public sales Devoted to Storage, Warehouses, and/or or service plus one (1) space for each five Industry hundred (500) square feet of storage area., whichever is greater. Shopping Center One (1) space for each two hundred (200) square feet of leasable floor area. Truck Wash Three (3) spaces plus one (1) space per bay. Warehousing One (1) space for each two (2) employees of the largest shift or one (1) space for each two thousand (2,000) square feet of floor area, whichever is greater. Subd. 4. Non -Specified Uses: For uses not specifically listed above, off-street parking requirements shall be computed by the Zoning Administrator on the same basis as required for the most similar listed uses. In such cases, the Zoning Administrator shall also consult off-street parking reference materials including, but not limited to, manuals prepared by the American Planning Association, and Institute of Transportation Engineers. (Amended by Ord. No. 99-5, 01119199) P. SECTION 21140.01 (BUILDING RELOCATION—REVIEW PROCESS) IS HEREBY AMENDED AS FOLLOWS: 21140.01. REVIEW PROCESS: The relocation of any building or structure on a lot or onto another lot within the City shall be subject to approval of a conditional use permit. Accessory buildings Jessthan-containing one hundred twenty (120) square feet inrg oss floor area or less shall be allowed without issuance of a conditional use permit, but shall comply with all other provisions of this Chapter. (Amended by Ord. No. 99-5, 01119199) 14 Q. SECTION 21155.03 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD. 1 (A) IS HEREBY AMENDED BY ADDING (6) AS FOLLOWS: 6) One (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. 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. R. SECTION 21155.03 (SIGN REGULATIONS— DISTRICT REQUIREMENTS), SUBD. 1 (B) (2) IS HEREBY AMENDED AS FOLLOWS: (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 A"Wonal-real estate signs shall be located at least two hundred (200) feet from any other such sign, unless grouped with other temporary iepug-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 15 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. S. SECTION 21155.03 (SIGN REGULATIONS—DISTRICT REQUIREMENTS), SUBD. 6 (D) IS HEREBY AMENDED AS FOLLOWS: (d) Scoreboards for public parks and public or private schools, provided that: (1) One scoreboard not exceeding 9aa-(40)-sixteen (16) feet in height or 150 square feet in surface area is allowed per playing field, not including fields used only for practice. (2) No advertising or sponsor panels shall be permitted on the scoreboard., except that a non-profit organization sponsoring the scoreboard may include their name within the area allowed for the scoreboard. T. SECTION 21177.03 (TELECOMMUNICATIONS RIGHTS-OF-WAY USERS— CONDITIONAL USE PERMIT REQUIRED), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS: Subd.2. Ground mounted equipment that exceeds the size limit specified in Section 21177.02, Subd. 2. #)4h). IR U. SECTION 21185 (LAND FILLING AND LAND EXCAVATION/GRADING OPERATIONS) IS HEREBY AMENDED AS FOLLOWS: SECTION 21185 - LAND FILLING AND LAND EXCAVATION/ GRADING OPERATIONS 21185.01. PERMIT REQUIRED: Subd. 1. Except for City landfilling and Gland excavation/grading operations, and in cases where a grading and drainage plan for a private development has been approved as part of a subdivision or other development plan approved by the City, or as may be otherwise stipulated by this Chapter, any person who proposes to add landfill or extract sand, gravel, black dirt, or other natural material from the land or grade land ko oxcass, of ift.. (cm Gabig y2rds *.4hin " City 1"Us, shall apply to " City for. a po;mit as hall be subject to the permit requirements specified below: CUBIC YARDS OF PERMIT(Q REQUIRED', LANDFILL OR LAND TO BE EXCAVATED/ GRADED L&ss4ha&-50 or less No permit required* 51-2501,00019* -Section 13015 of this Chap "Grading permit as administered by the Building Division Greater than-= 1,000 Interim use permit as provided in Section 21020 of this Chapter, and grading permit as administered by the Building Division * Except as may be required in the Shoreland Management Overlay District, by Section 21665.09, Subd. 2 (e). Subd. 2. Notwithstanding the requirements of this section, no grading permit or interim use permit will be required for depositing landfill or excavation/grading on a lot for which a building permit has been issued for construction thereon provided that there is compliance with Section 425 of the City Code and such activity is in accordance with an approved grading plan. Subd. 3. Activities which qualify as mining operations shall be subject to this section. 17 Subd. 4. Except for mining activities, landfilling and land excavation/grading operations are an allowable activity within all zoning districts. Subd. 5. No filling, excavation, or grading within a wetland or floodplain shall be authorized under this section. 21185.02. INTERIM INFORMATION: USE PERMIT APPLICATION AND REQUIRED Subd. 1. Any person desiring an interim use permit hereunder shall file an application on such forms as shall be provided by the Zoning Administrator. Such application shall be accompanied by a fee as set forth in the City Code and eight e"4U) large scale Go" copies of a certified survey, altogether with one (1) reduced wal@-survey ( 11 inches by 17 inches) "^�_ dDetailed written and graphic materials fully explaining the proposed land filling or land excavation operation shall also be provided. !A i " opWo^ ^f The scale of such materials shall be the minimum necessary to ensure legibility. The request shall be considered as being officially submitted and complete when the applicant has submitted and complied with all the following required information, as applicable and specified by the Zoning Administrator: (a) The name and address of the applicant. (b) The name and address of the owner of the land. (c) The address and legal description of the land involved. (d) The purpose of the landfill or excavation/grading activity. (e) A description of the type and amount of material to be placed upon or excavated/graded from the premises. (f) The source of fill material. (g) The highway, street or streets, or other public ways in the City upon and along which any material is to be hauled or carried. (h) An estimate of the time required to complete the landfill or excavation/grading. (i) A site plan showing present topography (with a minimum interval of two (2) feet) and also including boundary lines for all properties, water courses, wetlands and other significant features within three hundred fifty (350) feet. 18 (j) A site plan showing the proposed finished grade (with a minimum interval of two (2) feet) and landscape plan. Erosion control measures shall be provided on such plan. Final grade shall not adversely affect the surrounding land or the development of the site on which the landfill is being conducted. Top soil shall be of a quality capable of establishing normal vegetative growth. (k) A plan and/or statement demonstrating the proposed activity will in no way jeopardize the public health, safety and welfare or is appropriately fenced to provide adequate protection. (1) A statement that the applicant will comply with all conditions prescribed by the City. (m) A written right -of -entry is provided to the Zoning Administrator to enter the land for the purpose of determining compliance with all applicable conditions imposed on the operation. (n) Mailing labels, map, and list (current within six months) from Hennepin County of all property owners located within five hundred (500) feet. (no) Other information as may be specified by the Zoning Administrator 21185.03. TECBMCAL REPORTS: aUpon receipt of a completed interim use permit application, as determined by preliminary staff review, the Zoning Administrator shall forward a copy thereof to the City Engineer and the City Building Official. Where protected watersheds, floodplains, and/or protected wetlands are in question, the Minnesota Department of Natural Resources and Army Corps of Engineers shall also be contacted. These technical advisors shall be requested to prepare reports, as applicable, for the City Council and/or Zoning Administrator. 21185.04. ISSUANCE OF INTERIM USE PERMIT: Upon receiving information and reports from the City staff and other applicable agencies, the City Council or. Zoning hall make its determination as to whether, and when, and under what conditions such permit t -4--F 2-12ad€dl a;astr•.is to be issued to the applicant. 21185.05. CONDITIONS OF INTERIM USE PERMIT: Subd.1. Landfill Operations. M (a) Under no circumstances shall any landfill operation be conducted or permitted if the contents of the landfill or any part thereof shall consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material deemed to be unsuitable by the City. (b) Unless expressly extended by th�ermit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. Subd. 2. Land Excavation/Grading Operations. (a) The City, as a prerequisite to the granting of an interim use permit, or after a such permit has been granted, may require the applicant to whom such permit is issued, or the owner or user of the property on which the excavation/grading is located to: (1) Properly fence the excavation. (2) Slope the banks, and otherwise properly guard to keep the excavation in such condition as not to be dangerous from caving or sliding banks. (3) Properly drain, fill in or level the excavation, after it has been created, so as to make the same safe and healthful as the City shall determine. (4) Keep the excavation/grading within the limits for which the particular permit is granted. (5) Remove excavated/graded material from the excavation, away from the premises upon and along such highways, streets or other public ways as the City shall order and direct. (6) Retain and store top soil from the site in question and to utilize such materials in the restoration of the site. (b) Unless expressly extended by thirmit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. (Amended by Ord. No. 2000-06, 02129100) 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 Fri; the special burden resulting from hauling and travel in transporting fill or excavated material. The amount of the security shall also be sufficient to insure 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. 21185.07. FAILURE TO COMPLY: The City may, for failure of any person to comply with any requirement made of them in writing under the provisions of sucl-the permit, as promptly as same can reasonably be done, proceed to cause said requirement to be complied with, and the cost of such work shall be certified as an assessment against the property whereon the landfill or excavation/grading operation is located, or the City may at its option proceed to collect such costs by an action against the person to whom such permit has been issued, and their superiors if a bond exists. In the event that landfilling or excavation/grading operations requiring an interim use permit and/or a grading permit are commenced prior to City review and approval, the City may require work stopped and all necessary applications filed and processed. In such cases, application fees shall be double the normal charge. 21185.08. COMPLETION OF OPERATION: Subd. 1. All landfill and excavation/grading operations shall be completed within one hundred eighty (180) days of the issuance of the interim use permit. Upon completion, the permit holder shall notify the Zoning Administrator in writing of the date of completion. If additional time beyond the one hundred eighty (180) days is needed for completion, the permit holder may apply to the Zoning Administrator and upon a satisfactory showing of need, the Zoning Administrator may grant an extension of time. If such extension is granted, it shall be for a definite period. Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the landfill or excavation/grading operation within one hundred eighty (180) days and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as shortage of fill or excavated material, teamster's strike, unusually inclement weather, illness or other such valid and reasonable excuse for non -completion. In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with other provisions of this section relating to grading, leveling and seeding or sodding. What constitutes such "reasonable time" shall be determined by the Zoning Administrator after inspecting the premises. Subd. 2. At the completion of a landfill or excavation/grading operation, the premises shall be graded, leveled, and seeded or sodded with grass. The grade shall be such elevation with reference to any abutting street or public way as the City shall prescribe in the permit. The site shall also conform to such prerequisites as the City may determine with reference to storm water drainage runoff and storm water passage or flowage so that the landfill or excavation cannot become a source of, or an aggravation to, storm water drainage conditions in the area. The Zoning Administrator shall inspect the project following completion to determine if the applicant has complied with the conditions required thereof. 21 Failure of such compliance shall result in the withholding of any building permits for the site and notice of such withholding shall be filed in the office of the Hennepin County Recorder for the purposes of putting subsequent purchasers on notice. 21185.09. OPERATIONS IN PROCESS: All landfill and excavation/grading operations for which an interim use permit has previously been issued shall terminate such operations on the date specified by the permit. 22 V. SECTION 21350.03 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT— PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21350.03. PERMITTED USES: The following are permitted uses in a FRD District: Subd. 1. Agriculture, nurseries, greenhouses for growing only, landscape gardening and tree farms, including sale of products only grown on premises. Subd.-J 2. Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd.-4 3. Parks, trails, playgrounds, and directly related buildings and structures; City of Plymouth only. Subd.4 4. Residential facilityes licensed by the State, serving six (6) or fewer persons in a single family detached dwelling. Subd.-6 5. Single family detached dwellings. W. SECTION 21350.05 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT— ACCESSORY USES) 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. 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. 23 Subd.-S 6. Fences as regulated by Section 21130 of this Chapter. Subd.-6 7. Home occupations and home offices as regulated by Section 21145 of this Chapter. Subd.4 8. Private garages and off-street parking and off-street loading as regulated by Section 21135 of this Chapter. Subd.-8 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.-910. Recreational vehicles and equipment parking and storage as regulated by Section 21105.11 of this Chapter. (Amended by Ord. No. 2000-06, 02129100) Subd.4011. Signs as regulated by Section 21155 of this Chapter. Subd.-44 12. Tool houses, sheds and other such structures for the storage of domestic supplies and equipment. Subd.4213. 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. X. SECTION 21355.03 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT 1—PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21355.03. PERMITTED USES: The following are permitted uses in a RSF-1 District: Subd.-21. Essential services, not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd.-3 2. Parks, trails, playgrounds, and directly related buildings and structures; City of Plymouth only. Subd.-4 3. Residential facility es licensed by the State, serving six (6) or fewer persons in a single family detached dwelling. 24 Subd.,9 4. Single family detached dwellings. Y. SECTION 21355.07 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT 1—CONDITIONAL USES), SUBD. 4 IS HEREBY AMENDED AS FOLLOWS: Subd. 4. Day care facilities not within a residential dwelling, as a principal or an accessory use provided that: (a) The use complies with the provisions of Section 21150 of this Chapter. Z. SECTION 21360.07 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT 2—CONDITIONAL USES), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS: Subd. 2. Day care facilities not within a residential dwelling, as an accessory use I provided that: (a) The use complies with the provisions of Section 21150 of this Chapter. AA. SECTION 21360.09 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT 2—INTERIM USES) IS HEREBY AMENDED BY ADDING SUBD. 2 AS FOLLOWS: Subd. 2. Temporary classroom structure for use by public or private school. I BB. SECTION 21375.03 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1— PERMITTED USES), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS: Subd. 2. Residential facilit5ges licensed by the State, serving sixteen (16) or fewer persons. CC. SECTION 21375.07 (RMF -1, MULTIPLE FAMILY DWELLING DISTRICT 1— CONDITIONAL USES), SUBD. 2 IS HEREBY AMENDED AS FOLLOWS: Subd. 2. Residential facilityies licensed by the State, serving more than sixteen (16) persons. 25 DD. 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: District Lot Minimum Minimum Maximum Minimum Maximum Area Area Lot Width Lot Structural Setbacks Building Minimum Minimum (feet) Area Coverage (a) (feet)(a)(d) Height Per Unit 1 acre Two 10,000 Two 75 TF 5;000 Residential Front - 50 Prin. 35 ft family - sq ft family - sq. ft. uses 40 dwelling Bldg. base lot base lot % abutting arterial street c) Other 15,000 Dwelling 130 Other 2T= Non 50 Front - 25 Acc. 15 ft Dwelling sq. ft. >TF (b) 22,178 residential % dwelling Bldg. base lot base lot s . ft. uses c Other 1 acre Other 200 Front (c) 50 uses Uses other use Side - 10 dwelling Side - 25 other use Side - 6 detached acc. use Rear - 25 dwelling Rear - 40 other use Rear - detached 6 acc. uses (a) Special requirements for environmental overlay districts - See appropriate text (b) TF = Two family dwelling (c) Applies to each street frontage d) Setbacks apply to base lot EE. SECTION 21450.07 (O -R, OFFICE/RESIDENTIAL TRANSITION DISTRICT— CONDITIONAL USES), SUBD. 4 IS HEREBY AMENDED AS FOLLOWS: Subd. 4. Convenience Grocery Markets with Prepared Food and/or Motor Fuel Sale (no vehicle service or repair), provided that: (a) Convenience/deli food is of the take-out type only and that no provision for seating or consumption on the premises is provided. Furthermore, that the enclosed 26 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. (lei) 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. FF. SECTION 21450.07 (O -R, OFFICE/RESIDENTIAL TRANSITION DISTRICT— CONDITIONAL USES) IS HEREBY AMENDED BY DELETING SUBD. 11 AS FOLLOWS: 27 GG. SECTION 21450. 11 (O -R, OFFICE/RESIDENTIAL TRANSITION DISTRICT— USES BY ADMINISTRATIVE PERMIT), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS: Subd.5. 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: (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. HH. SECTION 21460.03 (C-2, NEIGHBORHOOD COMMERCIAL DISTRICT— PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21460.03. PERMITTED USES: The following are permitted uses in a C-2 District: Subd. 1. All permitted uses as allowed in the C-1, Convenience Commercial District. 28 Subd. 2. Amusement centers. Subd. 3. Art and school supply sales. Subd. 4. Art gallery and sales. Subd. 5. Bakery goods and baking of goods for retail sales on the premises. Subd. 6. Banks, savings and loans, credit unions and other financial institutions, with or without drive up tellers. Subd. 7. Bicycle sales and repair. Subd. 8. Book and stationary stores, with less than 5,000 square feet of gross floor area. Subd. 9. Camera and photographic supplies, sales and film processing. Subd. 10. Delicatessen/coffee house. Subd. 11. Drug stores. Subd. 12. Florist shops. Subd. 13. Frozen food retail, but not including a locker plant. Subd. 14. Furniture stores with less than 5,000 square feet of gross floor area. Subd. 15. Gift or novelty stores. Subd. 16. Grocery, supermarkets. Subd. 17. Hardware stores. Subd. 18. Hobby and craft stores. SI-T.A , n !co Batas with ster-ago net te-emceed (54tans, Subd. 2019. Liquor, off sale. Subd. 2320. Meat markets, but not including processing for a locker plant. Subd. 2221. Medical, dental, and chiropractic offices and clinics. Subd. 2322. Paint and wallpaper sales. Subd.2423. Plumbing, television, radio, electrical sales and such repair as is accessory use to the retail establishment permitted within this district. Subd. 2524. Recreation, personal fitness. Subd. 2625. Sporting goods and recreational equipment sales, not including motorized vehicles or boats. Subd. 2226. Studios - artist, music, photo, decorating, dance, etc. Subd. 2827 Tobacco Shops. Subd. 2028. Variety stores and stores of similar nature. Subd. 3029. Veterinary clinic and kennel; and pet sales, supplies and grooming. Subd. 3130. Video rental and sales. (Amended by Ord. No. 98-14, 05106198) (Amended by Ord. No. 98-23, 07108198) (Amended by Ord. No. 99-5, 01119199) II. SECTION 21465.03 (C-3, HIGHWAY COMMERCIAL DISTRICT—PERMITTED USES) IS HEREBY AMENDED AS FOLLOWS: 21465.03. PERMITTED USES: The following are permitted uses in a C-3 District: W Subd. 1. All permitted uses as allowed in the C-1 District. Subd. 2. Amusement centers. Subd. 3. Auto accessory stores (not including service). Subd. 4. Banks, savings and loan, credit unions, and other financial institutions with or without including drive up tellers. Subd. S. Commercial recreation indoor, e.g., sport and health clubs, bowling alley, roller rinks, etc. Subd. 6. Delicatessen/coffee house. Subd.-6 7. Essential services not including structures except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd.-7 8. Liquor, on and off sale. Subd.-S 9. Motels, motor hotels and hotels. Subd.-910. Private clubs or lodges serving food and beverages. Subd.4411. Reception halls. Subd.4L 12. Restaurant, delivery or take out. Subd.4213. Restaurants not of the drive-in, convenience or drive-through type. Subd.-314. Sexually oriented businesses - principal and accessory. Subd.-4415. Sporting goods and recreational equipment sales, not including motorized vehicles or boats. (Amended by Ord. No. 2000-09, 03121100) JJ. SECTION 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES), SUBD. 3 (B) (7) IS HEREBY AMENDED AS FOLLOWS: (7) 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. 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. KK. SECTION 21475.09 (CC, CITY CENTER DISTRICT—CONDITIONAL USES), SUBD. 3 (E) (4) IS HEREBY AMENDED AS FOLLOWS: (4) 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. 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. 30 LL. SECTION 21475.13 (CC, CITY CENTER DISTRICT—USES BY ADMINISTRATIVE PERMIT), SUBD. 6 IS HEREBY AMENDED AS FOLLOWS: Subd.6. Outside, above ground storage facilities for fuels used for heating purposes, emergency backup generators, or for motor fuel dispensing purposes related to the approved principal use, but not for sale, subject to the requirements and stipulations of Section 21455.11, Subd.5. MM. SECTION 21475.15 (CC, CITY CENTER DISTRICT—AREA REQUIREMENTS AND CONTRUCTION LIMITATIONS) IS HEREBY AMENDED AS FOLLOWS: 21475.15. AREA REQUIREMENTS AND CONSTRUCTION LIMITATIONS: The following minimum requirements shall be observed in a C -C District, subject to additional requirements, exceptions and modifications set forth in this Chapter. 32 NN. SECTION 21475.17 (CC, CITY CENTER DISTRICT—SPECIAL DESIGN AND PERFORMANCE STANDARDS), SUBD. 6 (B) IS HEREBY AMENDED AS FOLLOWS: (b) Business Signs. (1) Wall signage shall be permitted in compliance with Section 21155.03, Subd. 4(c) (1) of this Chapter. (2) One monument sign shall be permitted per lot, provided the height shall not exceed ten feet and the surface area of the sign shall not exceed 32 square feet. (b) Elow;Q aia mossago boards and signage shall not lin ill»ming (3) For properties directly abutting Highway 55, one freestanding sign not exceeding 36 feet in height shall be permitted per lot in lieu of the monument sign identified in (2) above, provided the surface area of the sign shall not exceed 100 square feet. Any such freestanding sign shall be located between Highway 55 and the building. (4) In the CC -P district, an electronic message board may substitute for the monument sign identified in (2) above, provided all the following conditions are met: a. The height shall not exceed ten (10) feet and the surface area of the message board shall not exceed 64 square feet. b. There shall be no movement in the lighting arrangement including blinking, scrolling, flashing, or rotating. C. The message board shall be set back at least 15 feet from all lot lines. d. The message board shall not be illuminated between the hours of 12:00 a.m. (midnight) and 6:00 a.m. 33 (Amended by Ord. No. 98-11, 04101198) 00. SECTION 21475.17 (CC, CITY CENTER DISTRICT— SPECIAL DESIGN AND PERFORMANCE STANDARDS), SUBD. 7 (B) IS HEREBY AMENDED AS FOLLOWS: (b) The architectural appearance, including building character, permanence, massing, density and composition, scale, construction materials, and functional plan of all principal buildings shall comply with Appendix 4-B of the Comprehensive Plan. PP. SECTION 21475.17 (CC, CITY CENTER DISTRICT— SPECIAL DESIGN AND PERFORMANCE STANDARDS), SUBD. 8 (B) IS HEREBY AMENDED AS FOLLOWS: (b) est n4iug--ligh4 poles shall not ex -sod, t*,@a y five (.25) f@94 40 heigh&The height of a freestanding luminaire shall not exceed twenty-five (25) feet or extend above the height of the principal building, whichever is less. QQ. SECTION 21555.07 (B -C, BUSINESS CAMPUS DISTRICT—CONDITIONAL USES), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS: Subd. 5. Essential services 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. RR. SECTION 21555.11 (B -C, BUSINESS CAMPUS 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, emergency backup generators, or for motor fuel dispensing purposes related to an approved principle use, but not for sale, subject to the same conditions as allowed in a C-1 District. SS. SECTION 21565.03 (I-2, GENERAL INDUSTRIAL DISTRICT—PERMITTED USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS: 34 Subd. 1. All permitted uses as allowed in an I-1 District. TT. SECTION 21565.05 (I-2, GENERAL INDUSTRIAL DISTRICT—ACCESSORY USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS: Subd. 1. All pe ed -accessory uses as allowed in a -an I-1 District. UU. SECTION 21570.05 (I-3, HEAVY INDUSTRIAL DISTRICT—PERMITTED USES), SUBD. 1 IS HEREBY AMENDED AS FOLLOWS: Subd. 1. All permitted uses as allowed in an I-2 District. VV. SECTION 21570.09 (I-3, HEAVY INDUSTRIAL DISTRICT—CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS: 21570.09. CONDITIONAL USES: The following are conditional uses in an I-3 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. All conditional uses subject to the same conditions as allowed in an I-2 District. Subd.-J 2. Storage, utilization or manufacture of materials or products as a principal use which could decompose by demolition; crude oil; bulk fuel, gasoline or other liquid storage provided that: (a) A drainage system subject to the approval of the City shall be installed. 35 (b) No outside storage except as allowed in compliance with Section 21570.09 of this Chapter. Subd.-4 3. Waste facilities provided that: (1) All applicable federal, state and/or county permits are obtained including, but not limited to: (a) The Federal Environmental Protection Agency (EPA). (b) The Minnesota Pollution Control Agency (MPCA). (c) The Minnesota Department of Natural Resources (DNR). (2) Any applicable environmental review requirements outlined in Section 21040 of this Chapter are satisfactorily met. (3) A financial guarantee in a form deemed acceptable by the City Attorney is provided to ensure the following minimum activities: (a) Completion of site improvements. (b) Emergency clean up and correction. (c) Closure and post closure activities. (4) The facility is subject to periodic monitoring as determined by the City. (5) The facility is provided a minimum of two (2) independent emergency access escape routes, neither of which may traverse residentially zoned areas. (6) The facility is setback a minimum one thousand (1,000) feet from all storm water holding areas, natural drainage facilities and wetlands. (7) All storm water runoff is held on site prior to release into natural drainageways and the City's storm drainage system. (8) The outside storage of materials, containers or disposal facilities involving hazardous waste is prohibited. (9) The outside storage of materials, containers or disposal facilities involving non- hazardous materials is enclosed and screened as outlined in Section 21130 of this Chapter. 36 (10) The loading and/or unloading of waste materials is conducted within buildings and upon an impermeable floor surface. (11) All development, operation, maintenance and closure/conversion plans are subject to City approval. (12) A sign indicating the facility's inventory of waste materials by type and location is posted at the main entrance of the site. (13) All hazardous waste materials stored on the site are clearly designated. (14) All facility employees are subject to emergency training programs, the procedures and techniques of which are subject to City approval. (15) Emergency preparedness plans which: (1) Establish procedures for handling ruptures, spills and the like. (2) Alert applicable agencies and area property owners. (3) Establish provisions for emergency evacuation that are provided to and approved by the City. (16) All containers used for the outside storage of waste materials are properly cleaned prior to storage and maintained in a clean manner so as not to attract vectors or cause objectionable odors. WW. SECTION 21650.11 (PI, PUBLIC/INSTITUTIONAL DISTRICT— USES BY ADMINISTRATIVE PERMIT), SUBD. 5 IS HEREBY AMENDED AS FOLLOWS: Subd.5. Outside, above ground storage facilities for fuels used for heating purposes, emergency backup generators, or for motor fuel dispensing purposes related to an approved principle use, but not for sale, subject to the same conditions as allowed in a C-1 District. XX. SECTION 21655.06 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT— GENERAL PLAN), SUBD. 3 IS HEREBY AMENDED AS FOLLOWS: Subd. 3. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective until such time as the City Council agpr-eved—approves an ordinance reflecting said amendment, which shall take place at the time the City Council approves the general plan. 37 (Amended by Ord. No. 2000-06, 02/29/00) 38 YY. SECTION 21655.23 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS HEREBY AMENDED AS FOLLOWS: 21655.23 PUD 83-1 (PARKERS LA ): AMENDMENT FOR OUTLOT A, PARKERS LAKE CORPORATE CENTER 8'"' ADDITION Subd. 1. Legal Description. The property affected by the PUD Amendment is legally described as Oudot A, Parkers Lake Corporate Center 8T` Addition, Hennepin County, Minnesota. Subd. 2: Incorporated herein by reference are the Polaris Business Centre II plans received by the City on August 6, 1998 and revisions received on September 15, 1998, and October 9, 1998, except as amended by City Council Resolution 98-687, on file in the Office of the Zoning Administrator under File 98146. Subd. 3. Allowable Uses. The allowable use on this parcel are all permitted, accessory, conditional or interim uses allowed in the I-1 zoning district, provided the office use does not exceed 80 percent of the gross square footage of the building. Subd. 4: Development Standards. Minimum development standards shall be as indicated on the approved PUD general plan amendment. (Amended by Ord. No. 98-37, 11104198) ZZ. SECTION 21655.25 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT— PLYMOUTH PONDS, BUILDINGS 5-8 PUD), SUBD. 3 AND SUBD. 4 ARE HEREBY AMENDED AS FOLLOWS: Subd. 3. Allowable Uses. The allow -uses allowed in tie -this PUD shall consist of the permitted, accessory, interim, and conditional uses allowed in the I41 (Light Industrial) zoning -district, except for those conditional uses specifically prohibited in Subd. 4 below. The uses allowed in this PUD shall also include those uses allowed by administrative permit in the I-1 district. In addition, warehouses with limited distribution center characteristics shall be considered permitted uses in Building 7 if they generate less than an average of 10 semi -trucks accessing the property per day. (Amended by Ord. No. 2000-33, 10124100) Subd. 4. Prohibited Uses. All uses not listed as 2 pe;w,44ad 9; conditionai us@, 21lncved_by adminie"j;,@ pori♦ t / g T ++ n 1 o..oa P�a�zazaoaeseztv�vzzz�e � � � ����s::� :s��s�a�raening 4is4ic�� The following ceadit-anal-uses allowed by conditional use permit in the I-1 istrict shall also -be prohibited in this PUD: commercial antennas; minor automobile repair; servicing 39 of motor freight vehicles and heavy construction equipment; outside storage except as allowed by the PUD; and open or outdoor service, sale, and rental. AAA. SECTION 21670.05 (WETLANDS DISTRICT— WETLAND BUFFER STRIPS AND SETBACKS), SUBD. 4, SUBD. 6, AND SUBD. 7 ARE HEREBY AMENDED AS FOLLOWS: Subd. 4. For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. Trails that are intended to serve an interpretive function may also be exempted from the buffer requirement. All other roadways and trails shall meet the sed -buffer standards established in either Section 21670.05 or 21670.06 below. Subd. 6. The required huffar uzi the 2nd structure setbacks shall apply to all structures, except that such structure setback shall not apply to roadways and trails and their related retaining walls and fence . Subd. 7. Wetland buffer strips not required by this section may be voluntarily created in conformance with the requirements of this section and upoia concurrent with approval of a site plan, or in the absence of a site plan, upon approval of an administrative permit. BBB. SECTION 21670.09 (WETLANDS DISTRICT—ENCROACHMENT IN REQUIRED SETBACK AND BUFFER AREAS) IS HEREBY AMENDED AS FOLLOWS: 21670.09. ENCROACHMENT IN REQUIRED SETBACK AND BUFFER AREAS: Subd. 1. Patios and decks may encroach up to a maximum of six (6) feet into required structure setback areas. Porches may not encroach into required setback areas. Buffer and wetland areas must be kept free of all structures, including fences and play equipment. Subd. 2. Water quality ponds may encroach into required wetland buffer areas, provided that the amount of buffer encroached upon does not exceed 50 percent of the total area required for such ponding, and provided that the amount of buffer encroached upon does not exceed 50 percent of the total area required for buffering. These limitations may be exceeded where two -cell water quality ponding is utilized. 40 SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the City Council on February 13, 2001. ATTEST: )///� I t"� 414'4 y Sandra R. Paulson, City Clerk 41 � a Jo cel H. ierney, M or