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HomeMy WebLinkAboutCity Council Ordinance 1999-20CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 99-20 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, THE PLYMOUTH ZONING ORDINANCE (99039) THE CITY OF PLYMOUTH ORDAINS: Section 1. Section 21005.02 of the Plymouth City Code (Rules and Definitions) is hereby amended to read as follows: Carnival: A traveling enterprise offering amusements such as games of skill or chance, sideshow or rides such as merry-go-rounds, ferris wheels or similar attractions. Section 2. Section 21455.11 of the Plymouth City Code (C-1, Convenience Commercial District) is hereby amended to read as follows: 21455.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in a C-1 District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. Antennas located upon an existing structure or tower as regulated by Section 21175 of this Chapter. Subd. 2. Essential Services requiring a permit from the City Engineer as provided by Section 21160 of this Chapter. Subd. 3. Landfilling and land excavation/grading operations, except mining, as regulated by Section 21185 of this Chapter. File No. 99039 Page 2 Subd. 4. Open or outdoor sales, rental or display as an accessory use in association with an allowed principal use provided that: (a) The area so occupied shall not exceed ten (10) percent of the principal building. (b) No storage or display of merchandise shall be permitted in required rear, side or front yards and shall be limited to the area of the customer entrances. (c) The outdoor sales, rental or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by Section 21135 of this Chapter, except as may be exempted for cause by the Zoning Administrator. Subd. 5. Outside, above ground storage facilities for fuels used for heating purposes, 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. Subd. 6. Other uses of the same general character as those listed as a permitted use in this District. File No. 99039 Page 3 Subd.7. Temporary mobile towers for personal wireless service antennas as regulated by Section 21175 of this Chapter. Subd. 8. Temporary, outdoor promotional --events and sales subject to the following criteria . (a) Specials Events (except Carnivals). (1) Such activity is directed towards the general public and includes grand openings, c"'craft shows, flea markets, mechanical and animal rides --and displays of materials that are typically not sold or serviced on the site. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed three (3) consecutive calendar days per event3 (3) There shall be no more than two (2) p;e;netieiialspecial events per calendar year per property. However, each tenant in a multi -tenant building shall be permitted one (1) special event per year. (b) Carnivals. (1) The applicant must submit a carnival license application as required by Section 1100 of the City Code. (2) The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven (7) consecutive calendar days per event. (3) There shall be no more than one (1) carnival per calendar year per property. (c) Outdoor Sales. (Except Christmas Trees) (1) Such activity is directed towards the general public and includes warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, seasonal merchandise sales (except Christmas trees), and licensed transient merchant and transient produce merchant sales. (2) The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. File No. 99039 Page 4 a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed sixty (60) days per calendar year per property. b. There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than ten (10) sales activities per year per property. C. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited. d. Businesses with a conditional use permit allowing business activity outside the building on December 10, 1990 may obtain an administrative permit for up to 30 additional days for temporary outside sales, provided that the total number of days does not exceed 90 days per calendar year per property. (sdd) Outdoor Christmas Tree Sales. (1) Such activity is directed towards the general public and consists of the outdoor sales of cut evergreen trees, boughs, wreaths and other natural holiday decorations and related products. (2) The following specific standards shall apply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed forty- five (45) days per calendar year per property. b. There shall be no more than one (1) sales activity per year per property, which shall be in addition to any especial events or other outdoor sales permitted on the property. C. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpaved landscaped areas is prohibited. File No. 99039 Page 5 (dee) General Standards. (1) The event shall be clearly accessory to or promoting the permitted or conditional use approved for the site. Only merchandise which is normally manufactured, sold, or stocked by the occupant on the subject premises shall be sold and/or promoted. (2) Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (3) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi -tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Director of Public Safety, at the petitioner's expense. (4) Signage related to the event shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event. Special siguage for. pwposos of UaffiG d4oGtio,, .,,,a ,.,,,,+..,,l may bo The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on the premises for the duration of the event. (6) All activity related to the temporary outdoor event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit. Subd. 9. Temporary structures as regulated by Section 21167 of this Chapter. File No. 99039 Page 6 Subd 10. Transient merchants, including but not limited to produce. Section 3. Section 21475.13 of the Plymouth City Code (CC, City Center District) is hereby amended to read as follows: 21475.13. USES BY ADNIINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in a CC District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. Antennas located upon an existing structure or tower. Subd. 2. Essential services requiring a permit from the City Engineer as provided by Section 21160 of this Chapter. Subd. 3. Landfilling and land excavation/grading operations, except mining, as regulated by Section 21185 of this Chapter. 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. 1. 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. Subd. 7. Temporary mobile towers for personal wireless service antennas. Subd. 8. Temporary outdoor vents and sales subject to the requirements and stipulations of Section 21455.11, Subd. 84. Subd. 9. Temporary structures as regulated by Section 21167 of this Chapter. Section 4. Section 21555.11 of the Plymouth City Code (B -C, Business Campus District) is hereby amended to read as follows: 21555.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of File No. 99039 Page 7 Section 21025, the following are uses allowed in a B -C District by administrative permit as may be issued by the Zoning Administrator: Subd. 1. Antennas located upon an existing structure or tower as regulated by Section 21175 of this Chapter. Subd. 2. Essential services requiring a permit from the City Engineer as provided by Section 21160 of this Chapter. Subd. 3. Landfilling and land excavation/grading operations, except mining, as regulated by Section 21185 of this Chapter. Subd. 4. Outside, above ground storage facilities for fuels used for heating purposes, 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. Subd. S. Temporary mobile towers for personal wireless service antennas as regulated by Section 21175 of this Chapter. Subd. 6. Temporary outdoor vents and sales subject to the same provisions as required in Section 21455.11 Subd. 84 of this Chapter. Subd. 7. Temporary structures as regulated by Section 21167 of this Chapter. Section 5. This Ordinance shall be effective immediately upon its passage. ADOPTED by the City Council this 20`h day of July 1999. , /' � 9 E e�/-- Iz ,",�yq6lyn H.Ilierney, Mayor ATTEST: kPIE r urie Ahrens, City Clerk