HomeMy WebLinkAboutCity Council Ordinance 1994-08CITY OF PLYMOUTH
ORDINANCE NO. 94- $
AN ORDINANCE AMENDING THE ZONING ORDINANCE REQUIREMENTS FOR
YARD AREAS ABUTTING WETLANDS
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 4, Subdivision B is hereby amended by amending the following definitions
as indicated:
Building Line Setback The distance between the building line and the property line
or, in the case of a shoreland yard, the ordinary high water level or , in the
case of a lot containing all or a portion of a wetland, the nearest edge of the
wetland as provided by Section 10, Subdivision C 2.a.(6).
Yard An open space on the same lot with a building, unoccupied and unobstructed by
any portion of a structure from the ground upward, except as otherwise
provided herein. In measuring a yard for the purpose of determining the width
of a side yard, the mean horizontal distance between the lot line and the main
building shall be used except in the case of a lot containing all or a portion of a
wetland, in which case the distance between the nearest edge of the wetland and
the main building shall be used as provided by Section 10, Subdivision C
2.a.(6).
Yard, Front A yard extending across any street frontage of a lot between the side lot
lines and being the minimum horizontal distance between any street line and
main building or any projections thereof other than the projections of the usual
steps, entranceway, unenclosed balconies or open porch. In the case of a lot
containing all or a portion of a wetland. the front yard shall be the minimum
horizontal distance between the nearest edge of the wetland and the main
building and the permitted projections, as provided by Section 10, Subdivision
CC 2.A.(6).
Yard, Rear A yard extending across the rear of a lot, measured between the side lot
lines, and being the minimum horizontal distance between the rear lot line and
the rear of the main building or any projections other than steps, unenclosed
balconies or unenclosed porches. On corner lots the rear yard shall be
considered as parallel to the street upon which the lot has its least dimension.
On both corner lots and interior lots the rear yard shall in all cases be at the
opposite end of the lot from the front yard. On all lots containing all or a
portion of a wetland the rear yard shall be the minimum distance between the
nearest edge of the wetland and the main building and the permitted projections
as provided by Section 10, Subdivision C 2.A.(6).
Yard, Side A yard between the main building and the side line of the lot and
extending from the front yard line to the rear yard line. except in the case of a
lot containine all or a nortion of a wetland, in which case the side vard is
between the nearest edge of the wetland and the main building as provided by
Section 10, Subdivision C 2.a.(6).
Section 2. Section 10, Subdivision C, 2. a. shall be amended as follows:
2. Yard Regulations:
a. Measurements shall be taken from the nearest point of the wall of a building to
the lot line in question, subject to the following qualifications:
(1) Cornices, canopies, or eaves may extend into the required front yard a
distance not exceeding four (4) feet, six (6) inches.
(2) Fire escapes may extend into the required front yard a distance not
exceeding four (4) feet, six (6) inches.
(3) A landing place or uncovered porch may extend into the required front
yard a distance not exceeding six (6) feet, if the landing place or porch
has its floor no higher than the entrance floor of the building. An open
railing may be placed around such place.
(4) The above enumerated architectural features may also extend into any
side or rear yard to the same extent, except that no porch, terrace, or
outside stairway shall project into the required side yard distance.
(5) When a future public street alignment and/or right-of-way width is
known, as indicated on the adopted City Thoroughfare Guide Plan, the
front yard setback(s) of a proposed structure shall be measured from the
known future right-of-way.
6) When a lot includes all or a portion of a wetland, all required setbacks
shall be measured from the nearest edge of the wetland, instead of from
the lot line. In no case shall this provision require a minimum setback
from a wetland exceeding 35 feet This provision shall not apply to lots
of record as of May 16. 1994 to developments for which conditional use
permits site plans preliminary plats final plats or preliminary or final
planned unit development plans have been approved by the city within
two (2) years prior to May 16 1994 or to developments for which
2
complete apnlicafions for any of the above actions have been accepted by
the city for review, but not yet acted upon prior to May 16 1994
Section 3. Effective Date. This Ordinance shall take effect upon its passage and publication.
Adopted by the City Council this 16th day of May, 1994.
ATTEST D City Clerk
cc: File
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staffrep/ord/interim.doe 05/17/94 10:23 AM
Published: Sun Sailor 6/1/94