HomeMy WebLinkAboutCity Council Ordinance 2000-03CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2000-03
AN ORDINANCE AMENDING CHAPTER 20
OF THE PLYMOUTH CITY CODE RELATING TO NOISE
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Section 2025.05 of the Plymouth City Code is amended to read:
2025.05. HOURLY RESTRICTION ON CERTAIN OPERATIONS.
Subd. 1. Recreational Vehicles and Snowmobiles. No person shall, between the hours
of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other
recreational vehicle not licensed for travel on public highways.
Subd. 2. Domestic Power Equipment. No person shall operate a power lawn mower,
power hedge clipper, chain saw, mulcher, garden tiller, edger, leaf
blower/vacuum, drill or other similar domestic power maintenance equipment
except between the hours of 7:00 a.m. and 10:00 p.m.
Subd. 3. Refuse Hauling and Recycling Collection. No person shall collect or remove
garbage or refuse or collect designated recyclables in any residential district
except between the hours of 7:00 a.m. and 10:00 p.m.
Subd. 4. Construction, Maintenance and Repair Activities. No person shall engage in
or permit construction, maintenance and repair activities involving the use of
any kind of electric, diesel or gas -powered motor vehicle or machine or other
power equipment except between the hours of 7:00 a.m. and 10:00 p.m.
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Subd. 5. Exceptions. The following uses and activities are exempt from this Section
as specified below:
a. Snow removal motor vehicles, equipment and operations are exempt
from § 2025.05, Subd. 2, and § 2025.05, Subd. 4.
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b. Excavation/grading operations are exempt from § 2025.05, Subd. 4,
but must comply with § 21185.
C. Equipment and vehicles used for maintenance of public or private
golf courses, public and private driving ranges, ice skating rinks on
public property, and ski trail grooming on public property are exempt
from the hourly restrictions of § 2025.05, Subd. 1, Subd. 2, and Subd.
4.
d. Golf carts for use on public or private golf courses are exempt from
2025.05, Subd. 1 and Subd. 4.
SECTION 2. Section 2025.15 of the Plymouth City Code is amended to read:
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Subd. 1. Authority. The Zoning Administrator shall have authority, consistent with
this section, to grant exceptions from the requirements of Section 2025.05
and Section 2025.07.
Subd. 2. Application. It is recognized that under certain circumstances it would be
impossible for a noise source to comply with the provisions of Section
2025.05 or Section 2025.07 of this Section due to economic or technological
reasons. In cases such as this, application for an exception may be made in
writing to the Department of Community Development. The application
shall contain the following pertinent information:
a. Legal description of property;
b. Dates of exception requested;
C. Location of particular noise source and times of operation;
d. Equipment involved;
e. Necessity for request of exception;
f. Steps taken to minimize noise level from source;
g. Names of responsible persons; and
h. List of property owners within two hundred (200) feet of the subject
property in a format prescribed by the Zoning Administrator (only if
exception is for more than 3 days).
If the exception is for more than 3 days, the Department of Community
Development shall give notice of the request as provided herein. Notice of
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the request for an exception shall consist of a legal property description,
description of request for exception and map detailing property location, and
be published in the official newspaper at least twenty (20) days prior to a
decision on the request, and written notice shall be mailed at least twenty (20)
days prior to a decision on the request to all owners of land within two
hundred (200) feet of the boundary of the property in question. Applications
will be reviewed by the Zoning Administrator and a decision to approve or
deny the exception will be made in writing to the responsible persons within
30 days of r-@G@4publication of the notice. Any person choosing to comment
on the exception may do so in writing within 20 days of mailing of the notice.
Subd. 3. Action on Application. The exception may be approved only if the Zoning
Administrator finds that full compliance with the requirements of the
ordinance would constitute an unreasonable hardship on the applicant, on
other persons, or on the community. In determining whether to grant or deny
the application, the Zoning Administrator shall balance the hardship to the
applicant against the adverse impact on the health, safety, and welfare of the
persons affected, the adverse impact on property affected, and any other
adverse effects of granting the exception. The exception may be granted
subject to conditions, including a time limit, which shall be clearly stated.
Mailed notice of the decision shall be made within five (5) days to all persons
who commented in writing on the application.
Subd. 4. Appeals. The decision made by the Zoning Administrator concerning the
exception request may be appealed to the City Council within ten days after
;eceithe Zoning Administrator's written decision. The appeal shall be
filed in writing with the City Clerk who shall schedule a-howing date before
the City Council as soon as possible. The person appealing the decision shall
file
ems. with the City Clerk a Notice of Appeal specifying the grounds
upon which the appeal is based. Mailed notice of the City Council date shall
be made to the applicant, and to any person who filed a Notice of Appeal.
SECTION 3. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this 1 st day of February, 2000.
ATTEST:
andra R. Paulson, City Clerk
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hJce t-/Tlemey, Mayor
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