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.
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(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
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Published: Plymouth Sailor 2-9-94.
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