HomeMy WebLinkAboutCity Council Ordinance 2000-06CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2000-06
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH
CITY CODE, THE PLYMOUTH ZONING ORDINANCE (99096)
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Amendments. The text of Chapter 21 of the City Code, the Plymouth
Zoning Ordinance, is hereby amended as follows:
A. SECTION 21005 (DEFINITIONS) IS HEREBY AMENDED AS FOLLOWS:
ggpo;aj loGa-tion and rnjn4joas ip of g#oeto dri;,nwayg rnnruo4ion
Glare: The effect produced by the intensity and direction of any artificial
illumination sufficient to cause an impairment or temporary loss of vision.
Uniformity Ratio: The maximum level of illumination in relation to the
lowest level of illumination for a given area as measured in foot-candles.
Sign related:
(k) Non -Conforming Sign: Any sign which existed prior to the adoption of
this Chapter and does not conform to the requirements herein.
B. SECTION 21045.02 (EXCEPTIONS TO SITE PLAN REVIEW) IS HEREBY
AMENDED AS FOLLOWS:
The following shall be excepted from the foregoing requirements:
Subd. 1. Agricultural d uses in the FRD Zoning
District, with the exception of nurseries, greenhouses, landscape gardening and
tree farms.
Subd. 2. Single family detached dwellings.
Subd. 3. Two family attached dwellings.
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C. SECTION 21100.02 (GENERAL PROVISIONS FOR NON -CONFORMING
LOTS) IS HEREBY AMENDED AS FOLLOWS:
Subd. 7. Non -Conforming Lots
C. Minimum Lot Size.
Sewered Lots. A lot of record having direct access to municipal
sewer and water may be developed in
accordance with this Chapter provided measurements for lot area
and width are within seventy (70) percent of the requirements of
the base zoning district.
Unsewered Lots. A lot of record not having access to municipal
sewer and water may be developed
provided it complies with Section 21115.08 of this Ch.,pt and
other applicable standards of this Chapter.
D. SECTION 21105.06 (GLARE) IS HEREBY AMENDED AS FOLLOWS:
21105.06. EXTERIOR LIGHTING: Except within 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.
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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
20 -foot candles
stairwells
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.
3. Applies to commercial, industrial, and multi -family buildings with 12 or more units. The minimum illumination
standards shall only apply to the primary entrances) 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 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.
Subd. 3. General Performance Standards:
(a) Luminaires mounted vertically on a wall or structure shall have a
cutoff angle of less than or equal to sixty-six (66) degrees.
(b) Luminaires mounted horizontally on a wall or structure shall have
a cutoff angle of less than or equal to ninety (90) degrees
(c) All freestanding luminaires must have a cutoff angle equal to or
less than ninety (90) degrees.
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(d) The height of a freestanding luminaire shall not exceed thirty (30)
feet or extend above the roof line of the principal building, whichever is
less. When a luminaire is located within three hundred (300) feet of a
residential property, the height of the luminaire shall not exceed twenty-
five (25) feet or extend above the roof line of the principal building,
whichever is less.
(e) Free-standing luminaires used for outdoor athletic fields and
recreation areas that exceed the height limitation may be approved by
conditional use permit.
(f) All canopy lighting for motor fuel stations shall comply with
Section 21455.07, Subd 2. of this Chapter.
(g) Accent lighting used to highlight building facades, foliage, or
selected architectural features shall be permitted provided the light source
is shielded.
(h) Any lighting in existence before the effective date of this ordinance
that does not comply with the requirements shall be considered legally
non -conforming. However, if a property owner proposes to replace fifty
(50) percent or more of the existing exterior light fixtures or standards in
any one (1) year period, the fixtures or standards must be replaced in
conformance with this Chapter.
D. SECTION 21105.10 (NOISE) IS HEREBY AMENDED AS FOLLOWS:
Noises emanating from any use shall be in compliance with and regulated by
Section 2025 of the City Code.tbe Stare sf Miwwseta p^» CoQUol
E. SECTION 21105.11 (OUTSIDE STORAGE/DISPLAY) IS HEREBY
AMENDED AS FOLLOWS:
Subd. 2. Residential Zoning Districts.
(a) Exceptions. All personal property shall be stored within a building or
fully screened so as not to be visible from adjoining properties and public streets,
except for the following:
(1) Play and recreational facilities.
(2) Stacked firewood for the burning supply of the property resident.
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(3) Construction and landscaping materials or equipment, if these are used or
intended for use on the premises within a period of three 3 tai'*'..:.
months, unless there is an active building permit issued for improvements
on the property, or as otherwise approved by the Zoning Administrator.
(4) Agricultural equipment and materials, if these are used or intended for use
on the premises within a period of twelve (12) months.
(5) Off-street parking of licensed passenger automobiles and personal or
commercial vehicles of less than twelve thousand (12,000) pounds gross
vehicle weight rating (GVWR) in designated driveway or parking area,
surfaced in compliance with Section 21135.07, Subd. 1. of this Chapter.
(6) Recreational Vehicles and Equipment, provided they are located in a side
or rear yard, or in a designated driveway or parking area that is surfaced in
compliance with Section 21135.07, Subd 1. of this Chapter.
F. SECTION 21105.16 (OPEN SPACE AND COMMON AMENITIES) IS ADDED
AS FOLLOWS:
21105.16. COMMON OPEN SPACE AND AMENITIES:
Subd. 1. Common private open spaces or amenities may be allowed
as part of a PUD or property subdivision, or by conditional use permit subject to
the provisions of this Chapter.
Subd. 2. Operating and Maintenance Requirements for Common
Open Space and Amenities: Whenever common public open space or amenities
are provided, provisions shall be made to assure the continued operation and
maintenance of such open space or amenities to a predetermined reasonable
standard. Common private open space and amenities may be placed under the
ownership of one or more of the following, as approved by the City Council:
(a) Landlord control, where only use by tenants is anticipated.
(b) Property owners association, provided all of the following
conditions are met:
(1) Prior to the use, occupancy, sale or the execution of
contracts for sale of individual buildings, units, lots, parcels, tracts
or common areas, a declaration of covenants, conditions and
restrictions or an equivalent document or a document such as
specified by Minnesota Statutes 515, Article 2 and a set of floor
plans such as specified by Minnesota Statutes 515, Article 2-110
shall be filed with the City of Plymouth. Said filing with the City
is to be made prior to the filings of said declaration or document or
floor plans with the recording officers of the County.
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(2) The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or documents
of conveyance affecting buildings, units, lots, parcels, or tracts
shall subject said properties to the terms of said declaration.
(3) The declaration of covenants, conditions and restrictions
shall provide that an owner's association or corporation shall be
formed and that all owners shall be members of said association or
corporation which shall maintain all properties and common areas
in good repair and which shall assess individual property owners
proportionate shares of joint or common costs. This declaration
shall be subject to the review and approval of the City Attorney.
The intent of this requirement is to protect the property values of
the individual owner through establishing adequate private control.
(4) The declaration shall additionally, amongst other things,
provide that in the event the association or corporation fails to
maintain properties in accordance with the applicable rules and
regulations of the City of Plymouth or fails to pay taxes or
assessments on properties as they become due and in the event the
said City of Plymouth incurs any expenses in enforcing its rules
and regulations, which said expenses are not immediately
reimbursed by the association or corporation, then the City of
Plymouth shall have the right to assess each property its prorata
share of said expenses. Such assessments, together with interest
thereon and costs of collection, shall be a lien on each property
against which each such assessment is made.
(5) Membership must be mandatory for each owner, and any
successive buyer.
(6) The open space restrictions must be permanent and not for
a limited period of years, unless specifically approved by the City.
G. SECTION 21115.04 (YARDS) IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. The following shall not be considered as encroachments on yard
setback requirements.
(b) Terraces, steps, decks, uncovered porches, stoops or similar
features provided they do not extend above the height of the ground floor
level of the principal structure or -and to a distance less than six (6) feet
from a side or rear lot line, or a front lot line which qualifies as an
equivalent rear or side yard as defined by this Chapter. No encroachment
shall be permitted in existing or required drainage and utility easements.
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(c) In rear yards, recreational equipment (non -vehicular), laundry
drying equipment, arbors and trellises, detached outdoor living rooms and
gazebos not exceeding five hundred (500) square feet, and air conditioning
or heating equipment not exceeding established State noise levels,
provided they are at a distance of *o^ (n' foo* _ix 6 feet from any lot
line. No encroachment shall be permitted in existing or required drainage
and utility easements.
H. SECTION 21120 (ACCESSORY BUILDINGS, STRUCTURES, USES AND
EQUIPMENT) IS HEREBY AMENDED AS FOLLOWS
21120.01. RESIDENTIAL USES:
Subd. 1. No accessory use, building, structure or equipment shall be
allowed within a front yard, except that an accessory use, building or structure
may be allowed within a front yard which qualifies as an equivalent rear or side
yard as defined by this Chapter, provided it meets the minimum front yard setback
specified for the principal building on the lot.
Subd. 2. Within the FRD and RSF Zoning Districts, an attached
private garage not exceeding one thousand (1,000) square feet
shall be considered an integral part
of the principal building
4o it by a passagoway aa" and such garages are exempt from the
provisions of this section. Attached private garages in excess of 1,000 square feet
are not permitted, except by conditional use permit.
Subd. 53. Except in the FRD Zoning Districts, a conditional use
permit is required for „^ buil a;gg po,a4it shall be issuad fo; the construction of
more than one (1) detached accessory building in excess of 120 square feet in
gross floor are
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Subd. 4. In addition to other accessory buildings, one building not to
exceed one hundred twenty (120) square feet in gross floor area shall be
permitted.
Subd. S. No building permit shall be required for buildings one
hundred twenty (120) square feet in gross floor area or less.
21120.03. SIZE:
Subd. 1. In FRD and RSF Zoning Districts, no accessory building,
including a detached private garage, for a single family dwelling shall equal more
than thirty (30) percent of the area of the rear yard or one thousand (1,000) square
feet, whichever is less. Furthermore, the gross floor area of the accessory
building shall not exceed the gross floor area of the principal building, except by
conditional use permit.
. Subd. 2. In RMF Zoning Districts, the total gross floor area of a
private garage for a single family detached dwelling shall not exceed one
thousand (1,000) square feet or the gross floor area of the dwelling, whichever is
less, except by conditional use permit.
Subd. 3. Except in the case of single family detached dwellings,
accessory buildings for all other uses shall not exceed thirty (30) percent of the
gross floor area of the principal buildings. In those cases where the standards are
exceeded, a conditional use permit shall be required.
Subd. 4. The maximum height of accessory buildings or structures
shall be as prescribed in the applicable district, except that the height of the
accessory building shall not exceed the height of the principal structure.
21120.04. CONDITIONAL USE PERMITS: Application for a conditional
use permit under this section shall be regulated by Section 21015 of this Chapter.
Such a conditional use permit for an accessory structure may be granted provided
that:
Subd. 1. There is a demonstrated need and potential for continued
use of the structure for the purpose stated.
Subd. 2. In the case of residential uses. no commercial or home
occupation activities are conducted on the property.
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Subd. 3. The building has an evident reuse or function related to the
principal use.
Subd. 4. The accessory building shall be maintained in a manner
that is compatible with the adjacent residential uses and does not present a hazard
to public health, safety and general welfare.
21120.4405. SETBACKS: Accessory buildings shall be set back from
adjoining lots as prescribed in the applicable district and shall not be located
within a drainage or utility easement.
21120.9606. TIME OF CONSTRUCTION: No accessory building or
structure shall be constructed on any lot prior to the time of construction of the
principal building to which it is accessory.
21120.9607. BUILDING MATERIALS: Except in the FRD Zoning District,
all accessory buildings in excess of one hundred twenty (120) square feet that are
accessory to residential dwelling units shall be constructed with a design
consistent with the general character of the principal structure on the lot.
21120.908. TRASH RECEPTACLES: Except as otherwise provided, all
buildings having exterior trash receptacles shall provide an enclosed area in
conformance with the following:
G]
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I. SECTION 21130.01 (FENCE/WALL REGULATIONS) IS HEREBY
AMENDED AS FOLLOWS:
Subd. 4. General Provisions. Except as otherwise provided herein, all fences and
walls within the City shall be subject to the following general provisions:
(g) A fence shall be required on the top of a retaining wall that exceeds four (4)
feet in height and that is located adjacent to a public right-of-way or pedestrian
walkway. The Zoning Administrator may grant exceptions to this requirement if
the retaining wall does not pose a public safety concern.
Subd. 5. Specific Fence Standards. Except as otherwise provided herein,
fences may be allowed subject to the following specific standards:
(a) Man-made fences not exceeding six (6) feet in height 3A," opaQ45
than (°Q' p@;i;@ 4 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.
J. SECTION 21135.05 (LOADING SPACE SCREENING AND LANDSCAPING)
IS HEREBY AMENDED AS FOLLOWS:
Subd. 2. Off -Street Loading Areas. Loading areas established after
7 March 1995 shall be prohibited within three hundred (300) feet of residentially
zoned or guided property unless completely screened by an intervening building.
Loading areas not requiring screening by an intervening building shall be
screened from adjacent residentially zoned or guided property by the use of
berms, fences, or walls to provide one hundred (100) percent opacity to a height
of at least ten (10) feet. The height of the screening shall be measured from the
grade of the loading areas.
K. SECTION 21135.07 (PARKING AREA DESIGN) IS HEREBY AMENDED AS
FOLLOWS:
Subd. 5. Design.
(n) Driveway Access Minimum. Each property other than single family uses
shall be allowed one (1) driveway access for each one hundred twenty-five (125)
feet of street frontage. All property shall be entitled to at least one (1) driveway
access. Single family uses shall be limited to one (1) driveway access per lot,
except when the property exceeds the required street frontage per zoning district
requirements, a second driveway access may be allowed by approval of the
Zoning Administrator. Except as otherwise approved by the Zoning
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Administrator, single family uses shall not access arterial and major collector
streets. In such cases, if a lot does not have frontage upon a local street and where
driveway access to arterial and major collector streets is determined necessary by
the Zoning Administrator, joint access through the use of shared curb cuts and
access easements shall be utilized to the extent possible.
L. SECTION 21135.08 (OFF-STREET PARKING LOCATION) IS HEREBY
AMENDED AS FOLLOWS:
Subd. 5. In the case of single family, two family, townhouse, and manor
home dwellings, parking shall be prohibited:
(a) Within three (3) feet of any side or rear lot line.
(b) Within any established drainage or utility easement, unless approved by
the City Engineer.
M. SECTION 21135.14 (LOADING SPACE DESIGN AND MAINTENANCE) IS
HEREBY AMENDED AS FOLLOWS:
Subd.4. Location.
(a) Off -Street. All required loading spaces for a non-residential use shall be
off-street and located on the same lot as the building or use to be served.
(b) Distance from Intersection. All loading space curb cuts shall be located at
minimum fifty (50) feet from the intersection of two (2) or more street rights-of-
way. This distance shall be measured from the property line.
(c) Distance from Residential Use. Loading areas established after 7 March
1995 shall be prohibited within three hundred (300) feet of residentially zoned or
guided property wiGludiag ^ubki; ;iglus-og way, unless completely screened by an
intervening building. Loading areas not requiring screening by an intervening
building shall be screened from adjacent residentially zoned or guided property by
the use of berms, fences, or walls to provide one hundred (100) percent opacity to
a height of at least ten (10) feet. The height of the screening shall be measured
from the grade of the loading areas.
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N.
P.
SECTION 21145.04 (HOME OCCUPATIONS) IS HEREBY AMENDED AS
FOLLOWS:
Subd. 1. General Provisions.
(g) There shall be no exterior display or exterior signs or interior display or
interior signs which are visible from outside the dwelling_ e"^o"* to the exte-,+
author--i-Md, by SoGtio;i =155 ofthils Chapter.
SECTION 21150.04 (DAY CARE FACILITIES) IS HEREBY AMENDED AS
FOLLOWS:
Subd. 3. Buffering. Unless exempted by the Zoning Administrator,
where an outdoor play area of a day care facility .buts any commercial or
industrial use or zone, or public right-of-way, the day care facility shall provide
screening along the shared boundary of such uses, zones, or public rights-of-way.
All of the required fencing and screening shall comply with the fencing and
screening requirements of Section 21130.03 of this Chapter.
Subd.-6 5. Off -Street Loading. Off-street loading space in compliance I
with Section 21135 of this Chapter shall be provided.
Subd. 6. Signage. All signing and informational or visual
communication devices shall be in compliance with Section 21155 of this
Chapter.
Subd.-S 7. Compliance with State Requirements. The structure and
operation shall be in compliance with State of Minnesota Department of Human
Services regulations and shall be licensed accordingly.
SECTION 21155.03 (SIGNS — DISTRICT REQUIREMENTS) IS HEREBY
AMENDED AS FOLLOWS:
Subd. 1. (b) All Districts. The following signs are permitted in all
zoning districts subject to applicable administrative procedures of Section
21155.04.
(4) Public Announcement Signs. Temporary signs for non-commercial
announcements by civic groups shall not exceed thirty-two (32) square
feet in surface area. For city-wide and free community events, up to three
(3) such signs per event may be permitted with a maximum surface area
not to exceed three hundred (300) square feet. Such signs shall be located
at least ten (10) feet from lot lines, and shall be removed when the
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intended purpose has been fulfilled. The owner or manager of the sign,
the owner of the land, or the sponsoring civic group shall be equally
responsible for the proper location, maintenance, and ultimate removal of
the sign_
Subd. 2. (c) Signs for Non -Residential Uses
(2) Wall signage shall be permitted on one wall of allowed non-
residential uses; however, lots with frontage on two or more streets may have
signage on one wall per street frontage. Such signage shall not exceed fifty (50)
square feet in surface area, or five (5) percent of the area of the wall -to which the
sign is attached, whichever is greater.
Subd. 4. (c) Business Signs
(3) One (1) freestanding business sign not to exceed aia@16.. six (96
one hundred (100) square feet in surface area or thirty-six (36) feet in height, and
set back at least ten (10) feet from lot lines.
Subd. 5. (b) Business Signs
(3) One (1) freestanding business sign not to exceed PiReAy. (964
one hundred (100) square feet in surface area or thirty-six (3 6) feet in height, and
set back at least ten (10) feet from lot line.
Subd. 6. Public Institutional Districts.
(b) One monument sign per street frontage, provided that:
(1) The sign does not exceed sixty four (64) square feet in surface area
or ten (10) feet in height. The sign shall be set back at least ten (10) feet from lot
lines. (Amended by Ord. No. 99-5, 01/19/99)
( 2� The sign may be single or double faced.
(44(3) Product or service advertising is prohibited.
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Q. SECTION 21185 (CONDITIONS FOR LAND FILL AND GRADING
OPERATIONS) IS HEREBY AMENDED AS FOLLOWS:
Subd. 1. Landfill Operations.
(b) Unless expressly extended by permit, the hours of operation shall
be limited to 7:00 AM to 7:00 PM, Monday through-SaUwJay Friday, and 8:00
AM to 6:00 PM on Saturday.
Subd. 2. Land Excavation/Grading Operations.
(b) Unless expressly extended by permit, 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.
R. SECTION 21350.05 (FRD ACCESSORY USE STANDARDS) IS HEREBY
AMENDED AS FOLLOWS:
Subd. 9. Recreational vehicles and equipment parking and storage as
regulated by Section 21105.131 of this Chapter.
S. SECTION 21375.07 (RMF -1 CONDITIONAL USES) IS HEREBY AMENDED
AS FOLLOWS:
Subd. 1. All conditional uses, subject to the same stipulations as
allowed in an RSF-4 District.
Subd. 2. Residential facility serving more than sixteen (16) persons.
Subd. 3. Single family detached dwellings.
T. SECTION 21380.07 (RMF -2 CONDITIONAL USES) IS HEREBY AMENDED
AS FOLLOWS:
Subd. 1. All conditional uses, subject to the same stipulations as
allowed in an RMF -1 District.
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U. SECTION 21450.03 (PERMITTED USES IN THE O -R, OFFICE
RESIDENTIAL DISTRICT) IS HEREBY AMENDED AS FOLLOWS:
21450.03. PERMITTED USES: The following are permitted uses in a O -R
District:
Subd. 1. Banks, savings and loans, credit unions and other financial
institutions, not including drive -up tellers.
Subd. 2. Commercial and professional offices.
Subd. 3. Dwelling, elderly (senior citizen).
Subd. 4. Essential services not including structures, except those
requiring administrative permits or conditional use permits pursuant to Section
21160 of this Chapter.
Subd. 5. Funeral homes and mortuaries.
Subd. 6. Medical, dental and chiropractic offices and clinics.
Subd. 7. Private clubs and lodges.
Subd. 8. Residential facilities such as nursing homes, assisted living
facilities and similar group housing, but not including hospitals, sanitariums or
similar institutions.
Subd. 9. Retail commercial activities limited to those listed as
permitted or permitted accessory uses within a C-1 Zoning District.
Subd. 10. Therapeutic massage.
Subd. 11. Veterinary clinics and pet grooming.
V. SECTION 21455.07 (CONDITIONAL USES — MOTOR FUEL SALES) IS
HEREBY AMENDED AS FOLLOWS:
Subd 2. Convenience Grocery Markets with Prepared Food and/or
Motor Fuel Sales. Grocery, food operations, and/or convenience motor fuel (no
vehicles service or repari), provided that:
(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.
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(h) 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.
W. SECTION 21455.11 (ADMINISTRATIVE PERMIT STANDARDS FOR FUEL
STORAGE) 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.
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X. SECTION 21475.13 (CITY CENTER — USES BY ADMINISTRATIVE
PERMIT) IS HEREBY AMENDED AS FOLLOWS:
Subd. 4. Open or outdoor sales, rental or display as an accessory use
in association with an allowed principal use subject to the requirements and
stipulations of Section 21455.11, Subd.4 4.
Subd. 5. Other uses of the same general character as those listed as a
permitted use in this district and the respective sub -district.
Subd. 6. Outside, above ground storage facilities or fuels used for
heating purposes, 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.-2 5.
Y. SECTION 21655 (PUD, PLANNED UNIT DEVELOPMENT DISTRICT) IS
HEREBY AMENDED AS FOLLOWS:
21655.01. PURPOSE AND INTENT: The purpose of the PUD, Planned
Unit Development District is to provide a comprehensive procedures and
intended to allow greater flexibility in the development of
neighborhoods audI r non-residential areas by 4^^"`@r-at4 g desig,, modifiGa4.0
arab^r @- .,,;A+„ro ^f „s@& than would be possible under a conventional zoning
district. The decision to zone property to PUD is a public policy decision for the
Citv Council to make in its leaeslative capacity. The intent of this section is
to:
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Subd.9. A maw dno;rol,le and-watius nn��;r�r.mnr++ than migh4 be
tpoggiblo 4b;ough 4hn sWG4 appkGo4;@n @�zoifing and suhdivision ;cgul 4inns of the
Qty-
Subd.
Subd.1. Provide for the establishment of PUD (Planned Unit
Development) zoning districts in appropriate settings and situations, to create or
maintain a development pattern that complies with the City's Comprehensive
Plan.
Subd. 2. Allow for the mixing of land uses within a development
when such mixing of land uses could not otherwise be accomplished under this
Chapter.
Subd. 3. Provide for variations to the strict application of the land
use regulations in this Chapter in order to improve site design and operation,
while at the same time incorporating design elements (e.g., construction materials,
landscaping, lighting, etc.) that exceed the City's standards to offset the effect of
any variations.
Subd. 4. Promote a more creative and efficient approach to land use
within the City, while at the same time protecting and promoting the health,
safety, comfort, aesthetics, economic viability, and general welfare of the City.
Subd. 5. Preserve and enhance natural features and open spaces.
Subd. 6. Maintain or improve the efficiency of public streets and
utilities.
Subd. 7. Ensure the establishment of appropriate transitions between
differing land uses.
21655.02. ALLOWABLE USES: All permitted uses, permitted accessory
uses, conditional uses, interim uses, and uses allowed by administrative permit
contained in Sections 21350 through SoGtiea-21650 of this Chapter .,.�,;„�'
shall be treated as potentially allowable
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uses within a PUD District, provided they would be allowable on the site under
the City's Comprehensive Plan.
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21655.03. SETBACKS AND BUILDING HEIGHT: The various setback
and height regulations of the most closely related conventional zoning district
shall be considered presumptively appropriate, but may be departed from to
accomplish the purposes described in Section 21655.01.
21655.04. INTEGRATED DESIGN: A PUD shall consist of a harmonious
arrangement and selection of land uses in groupings of buildings that are planned
and designed as an integrated unit. The integrated design shall include elements
such as building orientation and materials, utilities, parking areas, traffic and
pedestrian circulation, and open spaces.
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21655.05 SKETCH PLAN:
Subd. IWat;e;i 12r and 1n fi.rrvrvri '+ae 4W14 .@j1 ;;&myr4t&;
Prior to the filing of a formal application, the applicant sha4l be, ;aquir-od 44 -Day
submit a sketch plan of the project to the Zoning Administrator. Agusl4 sketch
plan slat -will be processed according to the information requirements, standards
and procedures for sketch plans as established by Section 21045.03 of this
Chapter.
21655.06 GENERAL PLAN: A PUD general plan is a plan and supportive
text depicting general land use, circulation, open space, utilities, etc. for parcels of
land within a PUD.
Subd. 1. Application Procedure: PUD zoning applications shall be
processed according to the evaluation criteria and procedures outlined in Section
21010.01 of this Chapter.
Subd. 2. Information Requirement:
(a) The information required for all PUD general plan applications shall be as
specified in Section 21045.07 of this Chapter.
(b) The Zoning Administrator, Planning Commission, and/or City Council
may excuse an applicant from submitting any specific item of information or
document required by this section which it finds to be unnecessary to the
consideration of the specific PUD being considered.
Subd. 3. Zoning Enactment:
A rezoning of a parcel of land to PUD shall not
become effective until such time as the City Council approves an ordinance
reflecting said amendment, which shall take place at the time the City Council
approves the general plan.
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21655.07 FINAL PLAN: After approval of
app;ova @9 , the general plan, the applicant may apply for final plan approval for
all or a portion of the p;opo ed -PUD_, tho appkca^* shall. submit The applicant
shall submit the following material for review by and approval of the Zoning
Administrator prior to issuance of any building permit(s).
Subd. 1. If the PUD will be developed in different phases, the
applicant shall submit a phasing plan for construction of the various elements of
the entire PUD.
Subd. 2. Development plans in final form, based on the approved
general plan, covering that portion of the PUD where building permits will be
requested under the phasing plan.
Subd.4 3. Proof of recording any easements and restrictive covenants
prior to sale of any -land or dwelling unit within the PUD and of the establishment
and activation of any entity that is to be responsible for the management and
maintenance of any public or common open space or service facility.
Subd.-2 4. All certificates, seals and signatures required for the
dedication of land and recording of documents.
Subd.4 5. Any other plans, agreements or specifications necessary for
the Zoning Administrator to review the proposedGoastvwtion final plan.—A41
21655.08 PERIODIC PUD REVIEW: If The City
Council may require periodic review of a PUD ' s a condition to the
approval of a PUD General Plan, sugh a p;@j@Gt sh-ala he ;@W@mQd by 4he City
Coma"in order to ensure compliance with the conditions of the PUD. At such
times, -the City Council may, at its discretion, -choose to take additional
testimony on the PUD.
21655.09 PLAN MODIFICATION/AMENDMENT OF A PUD:
Subd. 1. Minor Plan Modifications/Amendments: Plan
modifications/amendments qualifying as "minor" as defined by Section 21045.08,
Subd. 1 of this Chapter, ata}shall be processed pursuant to that
section.
Subd. 2. Major Modification/Amendment: The same review
procedure shall be followed for a major/modification/amendment of a PUD as
was followed with respect to the applicant's general plan, outlined in Section
21655.06 and pursuant to Section 21045.08, Subd. 2. of this Chapter.
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21655.10 GENERAL REQUIREMENTS:
Subd. 1. Records: The Zoning Administrator shall maintain a
record of all PUD zones approved by the City, including all pertinent project
plans, any conditions imposed on a project by the City Council, and such other
information as the Zoning Administrator may deem appropriate.
Subd. 2. Withdrawal of an Application: Any application under this
section may be withdrawn by an applicant without prejudice at any time prior to
final City Council action thereon.
Subd. 3. Platting of a PUD: _In the event that a PUD is to be
subdivided into lots or parcels for the purpose of separate ownership, such PUD
shall be platted under the platting procedures
contained in the Plymouth Subdivision Ordinance and the related requirements of
Hennepin County. The preliminary plat shall be processed in conjunction with
the general plan as outlined in Section 21655.068. A separate action on the final
plat shall be processed before the City Council prior to the approval of a Final
Plan.
Subd. -4. Conveyance of Property Within a PUD: In the event that
any real property within an approved PUD is conveyed in total or in part, the
buyer(s) thereof shall be bound by all provisions of the PUD and the general plan
for that project. However, nothing in.this Chapter shall be construed as to make
such conveyed property non -conforming with regard to normal zoning standards
as long as the conveyed property conforms with the approved PUD and the
general plan for a project.
Subd. 5. greement/Financial Guarantee:
Following the approval of the general plan but prior to 4h4a.-final plan approval, the
applicant shall enter into an agreement with the City relating to the terms of the
PUD, and shall also provide such financial guarantees as the City requires or
deems necessary. Such agreement may take the form of. 1) a development
contract-; and/or as uaa7 be..r—oquiw f�-�:by the S;ihdi.,;�;,,,,
a &site }improvement pperformance aagreement —ate
,.o,,,,;,.oa by tWs Chapto,. f ; the ,;ojo..+ i q ost;.,,, ; and/or 3) another form of
legally binding instrument as may be required by the City.
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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 this 29th day of February 2000.
ATTEST
Pat 1&�
'Sandra R. Paulson, City Clerk
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J y ely H.Tierney, Mayor