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:
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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.
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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.
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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
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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.
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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.
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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'
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* 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.
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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.
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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.
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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)
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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
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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.
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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.
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(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.
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(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.
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(Amended by Ord. No. 2000-06, 02/29/00)
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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
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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.
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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
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� a
Jo cel H. ierney, M or