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HomeMy WebLinkAboutCity Council Ordinance 1994-04CITY OF PLYMOUTH ORDINANCE NO. 94- 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATIVE TO MINOR VARIANCES AND PLANNED UNIT DEVELOPMENTS (94009) THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 4, Subdivision B is hereby amended by adding the following: Variance. Minor -- A modification or variance of the Drovisions of this Ordinance involving not more than a 25 percent departure from any standard of this Ordinance as applied to a specific piece of prooerty Modification in the allowable uses within a district shall not be allowed as a Minor Variance. A minor variance shall not include signage, fence Shoreland or Flood Plain Overlay proposals. Section 2. Section 9, Subdivision B, 6. b. is hereby amended as follows: b. Plan Changes/Minor Variances: The Zoning Administrator may authorize minor changes in the location, placement and height of structures after the Final Site Plan has been adopted, however, any change in use, provisions of open space and any other major change shall be made only after public hearing by the Planning Commission and adoption by the City Council. Any such changes shall be recorded as amendments to the Final Plan. In addition, the Zoning Administrator may authorize Minor Variances as allowed under Section 11, Subdivision C of this Code. Section 3. Section 11, Subdivision C, 2. d. is hereby amended as follows: d. The Board and Zoning Administrator shall not approve any application and the Council upon appeal shall not grant any application unless they find failure to grant the variance will result in undue hardship on the applicant considering the following: Section 4. Section 11, Subdivision C is hereby amended by adding the following: 6. Minor Variances The Board shall give the Zoning Administrator the right to ,grant a Le -quest for a Minor Variance without a hearing before the Board. The Zoning Administrator shall grant such a Minor Variance only after determining that the requirements of Zoning Code Section 11 Subdivision C 2.d. have been met. Notice of such Minor Variance approval shall be sent by the Zoning Administrator to all adjoining property owners within 200 feet of the proposed variance and to all Board members. The notice shall require any written objection to the approved Minor Variance be received by the Zoning Administrator within 14 days of the mailing If any written objection is received with 14 days the final approval of the requested Minor Variance. as well as any Minor Variance which isrejected by the Zoning Administrator, shall be referred to the Board and proceed under Zoning Code Section 11, Subdivision C 3. Section 5. Section 9, Subdivision B, 1. b. is hereby amended as follows: b. The provisions of this section of the Zoning Ordinance provide design flexibility for the development of lafger r eels - . def single owriefship er-eentrel, in order to obtain a higher quality of development than might otherwise be possible should development occur under strict application of the zoning ordinance regulations for a particular district. Section 6. Section 9, Subdivision B, 3. a. is hereby amended as follows: a. Area and Density Regulations (1) For a M.P.U.D., the minimum total land area shall be not less than forty (40) acres. Lots of less than forty (40) acres may qualify only if the applicant can show that the minimum area requirement should be waived because a P.U.D. is in the public interest and that one or both of the following conditions exist: (a) Unusual features of the property itself or of the surrounding neighborhood are such that development under the standard provisions of the normal District would not be appropriate in order to conserve a feature of importance to the neighborhood or community. 2 (b) The property adjoins property that has been developed under the provisions of this section and will contribute to the amenities of the neighborhood. Section 7. Effective Date. This Ordinance shall take effect upon its passage and publication. Adopted by the City Council this 24th day of January, 1994. Jayor /O Y M% City Clerk cc: File &fHel-indicates deleted text Underline indicates new text staffrep/ord/pudnew2 Published: Plymouth Sailor 2-9-94. 3