HomeMy WebLinkAboutCity Council Ordinance 1990-38CITY OF PLYMOUTH
ORDINANCE NO. 90-.l 8
AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS
AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 10, Subdivision B, Table 2 is hereby amended as
follows:
Use or Use Category Number Unit
Total Garage
c. Dwellings, Multi -family
R-2, R-3 and R-4 District
(except senior citizen and
congregate housing). 4�5 2.0 1.0 Dwelling unit
Section 2. Section 10, Subdivision B, Table 2 is hereby amended as
follows:
Use or Use Category Number Unit
Total Garage
c. Dwellings, Multi -family
R-2, R-3 and R-4 District
(except senior citizen and
congregate housing). 1.5
1
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1.0 Dwelling unit
-- 300 square foot floor area
for buildings or areas of
buildings specifically
designed for recreation an
assembly functions such as
receptions and parties for
quests and visitors.
Section 3. Amend Section 10, Subdivision B, 5i by adding:
i. Garages - Multi -Family Residential:
Required garage parking for structures containing three or more
dwelling units shall be provided underground, under principal
structures or in a similar manner to avoid excess site coverage.
e required for each dwelling unit shall be available for use
unit at all times and shall not be deemed an ootion or
uirea surrace
Section 4. Amend Section 10, Subdivision B, 5 by adding:
m. Required Guest Parking
le familv dwellinas shall reflect
un
Section 5. Amend Section 10, Subdivision B, 5a as follows:
a. Design
JIJ Parking areas shall be so designed that vehicles may enter,
circulate, park and exit in a convenient and orderly fashion.
Minimal dimensional requirements for the design of parking
areas are shown in Table 1. For any parking area of six (6) or
more cars a suitable means of turnaround must be provided at
maximum design capacity to avoid backing onto public streets.
All loading spaces shall be sufficient to meet the requirements
of each use and shall provide adequate space for storage and
maneuvering of the vehicles it is designed to serve.
(2) Garage aprons and driveways providing access to qaraqes shall
Section 6. Section 10, Subdivision A, 2d. is hereby amended as follows:
1 One Temporary Real Estate Sign announcing the development and
availability of lots and/or buildings, a Wor one temporary
construction sign identifying architects, engineers,
contractors, or suppliers, not exceeding a total surface area of
96 sq. ft., not exceeding more than 16 ft. in height, and not
less than 2 ft. above the ground shall be permitted on the
property under development. Such signs shall be setback at
least 20 ft. from front property lines, and shall not be
located in any required side yard. Such signs shall be allowed
for three years from the date of original Building Permit
issuance, or until 85% of the construction in the development is
completed, which ever occurs first, unless otherwise
specifically provided in this Subdivision.
(2) One Temporary RealEstateSign related to the sale, rent, or
lease of land, parcels and lots, of primary buildings, and of
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areas within primary buildings shall be less than 8 sq. ft. in
surface area, shall be le ated an the subject property, provided
that multiple family dwellings may have one wallsign with a
surface area not to exceed 5 percent of the area of the wall to
which it is attached, and shall be removed when the intended
purpose has been fulfilled. The owner or manager of the signs
and the owner of the land, shall be equally responsible for the
proper location, maintenance, and ultimate removal of the signs.
Setback requirements may be waived for such freestanding signs,
provided that they are located on private property with the
express consent of the property owner, and provided that they do
not impede safety by obstructing vision of pedestrians or motor
vehicle operators. No other temporary sign shall be permitted.
Section 7. Section 10, Subdivision A, 3c, 4c, 5d, and 6d is hereby
amended as follows:
(1)
availability ef lots and/or build4ngs, One temporary
costraetien sign identifying architects, engineers,
contractors, or suppliers, not exceeding a total surface area of
96 sq. ft., not exceeding more than 16 ft. in height, and not
less than 2 ft. above the ground shall be permitted on the
property under development. Such --signs The sign shall be
setback at least 20 ft. from front property lines, and shall not
be located in any required side yard. S � The sign shall
be allowed for three years from the date of original Building
Permit issuance, or until 85% of the construction in the
development is completed, which ever occurs first, unless
otherwise specifically provided in this Subdivision.
(2) One Temporary ,tel Utz Sign announcing the development, the
availability of lots and/or buildings the sale, rent, or lease
of land, related to the sale, rent, or lease of land, parcels
a^�'�„d low of primary buildings, and of areas within primary
buildings shall be less than 8 sq. ft. have iii a surface area,
not exceeding 96 sauare feet. shall be located on the subiect
property, and shall be removed when the intended purpose has
Sion is
setback at least LU Leet trom front property line and shall not
be located in any required side yard. The owner or manager of
the sign and the owner of the land, shall be equally responsible
for the proper location, maintenance, and ultimate removal of
the sign. No other temporary signs shall be permitted. Setbaek
Section 8. Amend Section 10, Subdivision A, 2d, 3c, 4c, 5d, and 6d as
follows:
(4) Temporary Signs for political campaigns shall be a maximum 32
sq. ft. in surface area, except that maximum size shall be
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waived in State general election ears, and shall be removed not
more than 10 days after an election hPR +h ;„+ a ,
The owner or manager of the sign, the owner of the land, or the
political candidate shall be equally responsible for the
property location, maintenance, and ultimate removal of the
signs. Setback requirements may be waived for such signs,
provided that they are located on private property with the
express consent of the property owner, and provided that they do
not impede safety by obstructing vision of pedestrians or motor
vehicle operators.
Section 9. Amend Section 8, Subdivision B, 2 to read as follows:
2. -- C C - Automobile/motor vehicles: minor
repair, service, parts, wash, rental.
Marine and machinery: sales, minor
repair and service parts, wash and
rental. Gasoline Service Stations as
specifically regulated by this
ordinance and the City Code.
Section 10. Amend Section 9 by adding a new Subdivision, Subdivision F,
Gasoline Service Stations as follows:
1. Pur ose
The standar
supplementa
and operati
Council, by
such facili
Co etc licens
s section are intended to provi
nes and reauirements for the de
esoiution
es are al
the commun
ve Plan of
2. Application Reauirements
Application for a Condi-
service
ondiservice station shall b
property and shall be f
consistent with the rens
service stations, wnicn the cit
ay authorize as conditional uses
ed by this ordinance and by the
is to protect the health, safet
and to assure harmony with the
City.
onal Use Permit for a gasoline
made by the owner or owners of t
ed with the Zoning Administrator
rements of Section 9. Subdivisio
uwners may designate, in wri
prospective developer or ope
cases, sign the application.
accompanied by an administra
on
n:
owner must, in all
cations shall be
3. Special Development Standards and Performance Criteria
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t
the Ci
s
a. Abutment to Certain Streets Required. Gasoline service
station sites shall have approved direct or indirect
proximate access to an arterial road; where direct access
is not allowed or feasible, indirect proximate access
shall be via an approved service road or similar public
road.
b. Regulation of Driveways. No driveway in a gasoline
service station, at the point it crosses the property
Tine of the site, will be within 40 feet of an
intersection. An "intersection" as used in this
Subsection means the point of intersection of the
extended curb lines of the curbs on the near side of the
site, and measurement shall be along such extended curb
lines. No gasoline service station shall have more than
two driveways on any one street and neither of them shall
have a width in excess of 30 feet. No driveway will be
flared outward on the boulevard in such a way as to
encroach upon the boulevard of adjacent property.
C. Frontage and Area Requirements. The minimum frontage of
a gasoline service station on any street will be 120 feet
and the minimum area of the site will be that prescribed
b� this ordinance for lots in the district where the site
is located.
d. Buffer or Screening Area. Screening will be so
constructed as to positively keep headlight beams of
vehicles on the station property from beaming onto
adjacent property.
e. Pump Island Requirements. Pump islands will be located
no closer to the street or adjacent property lines than
This ordinanceallows for parkinq spaces provided the
location ensures no encroachment by vehicles upon street
right-of-way, sidewalk areas or adjacent property.
f. Restrictions on Outside Operations. The gasoline service
station may not provide for the outdoor operation of
lubrication equipment hydraulic lifts of service pits
tire changing, drive systems repair and tuning or
similar o erations. The outdoor dis la of merchandise
the outside underground storage of gasoline and other
petroleum products the display of petroleum products and
the sale and display of merchandise on the site shall be
allowed only as provided by this ordinance and as
specified in the permits issued for the use.
q. Bulk Oil or Bulk LPG Distribution. Bulk oil storage and
Nall
in conjunction with a asoline service station
shall be allowed only for stations in the I-1 Planned
Industrial District. Bulk LPG storage and sales may be
allowed on any gasoline service station site where such
uses were approved with the plans and permits for the
gasoline service station.
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h. Unobstructed Areas Required at Intersections. Vehicles
si ns dis la s, or other materials in the area within
fifty 50 feet of any street right-of-way corner shall
be located and maintained so as to not impede safety by
obstructing the vision of pedestrians or of motor vehicle
operators from private drives onto public streets or at
the intersection OT PUNIC streets.
4. Enforcement review and renewal revocation ermit amendment
and expiration shall be Subject to the procedures and
requirements as set forth in Subdivision A of this section.
Section 11. Amend Section 10, Subdivision C, 6c to read as follows:
C. Temporary outdoor promotional and merchandising activities
directed at the general public may be allowed as an accessory
use in the B-2 and B-3 BUSINESS DISTRICTS on the premises of
permitted and conditional uses, subject to issuance of an
administrative permit and subject to the requirements of this
paragraph. It is the intent of this paragraph to provide for
temporary events and sales which are distinguished from
permanent outside business activities that are allowed onlv b
onai Use Permit approved by the Citv Counc
U
U
scheduled er seasonal in nature-.
(1) Application and Fee.
(e) A written_ affidavit from the transient produce r
shall be submitted indicatinq that the pro uce
by the merchant was grown byivatthe merchant on pr
that is occupied and culted by him. The of
shall list the produce to be sold and the place
produce was grown.
Transient merchants shall show evidence
(4) Definitions and Standards.
it
sold
t
..y the
Zoning Administrator:+a4 Events shall net exceed three eenseeutive ealendar—days
M
(U6 IT There shall be no more than
per property.
Temporary Promotional Events
Definition. Temporary Promotional Events include
carnivals, craft shows, flea markets, mechanical
and animal rides and displays of materials that are
typically not sold or serviced on the site.
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Standards. The following shall apply to all
proposed temporary outdoor promotional events
allowed by this paragraph in addition to other
applicable building and safety code requirements as
determined by the Zoning Administrator:
(a) Promotional events shall not exceed three
consecutive calendar da s per event• two of
the days shall be a Saturday and a Sunday.
There shall be no more than two promotional
events per calendar year per property.
Temporary Sales Activities
Definition. Temporary Sales Activities include
sidewalk sales, inventory reduction or liquidation
sales, distressed merchandise sales seasonal
merchandise sales, transient merchant and transient
produce merchant sales.
_(jjj
Standards. The following shall apply to all
proposed temporary outdoor sales activities allowed
by this paragraph in addition to other applicable
building and safety code requirements as determined
by the Zoning Administrator.
The maximum total time for sales activities
shall be 60 days per calendar year per
property.
b) There shall be no more than 10 sales
activities per year per property.
(c) Sales activitiesmay 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.
Businesses with a conditional use permit
allowing business activity outside the
building at the time this paragraph is adopted
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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.
(5) General Requirements
{e} (a) The event or sales shall be clearly accessory to or
promotive of the permitted or conditional use(s)
approved for the site. Only merchandise which is
normally sold, or stocked by the occupant(s) on the
subject premises shall be sold and/or promoted,
Drovided that seasonal merchandise and licensed
ent mercnant ana trg ent proauce
ties as defined by this ordinance
{d} Tents, stands, and other similar temporary
structures and temporary vehicles and mobile
equipment 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.
{e} Lc� 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
this Ordinance. 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 law enforcement officers, as approve din
writing by the Director of Public Safety, at the
petitioner's expense.
44 d) Signage related to the event shall be in compliance
with the temporary commercial sign standards of this
Ordinance for the district that includes the
property, and shall be allowed for the duration of
the event. Special signage for purposes of traffic
direction and control may be authorized by the
Zoning Administrator; the erection and removal of
such signage shall be the responsibility of the
applicant.
ff:1e
{g--} (e) The approved permit shall be displayed on the
premises for the duration of the event.
Section 12. Amend Section 10, Subdivision C, by the deletion of Item 14
in its entirety.
Section 13. Amend Section 8, Subdivision B, 44 as follows:
44. C C C - Any business activity net conducted
in an enclosed yard or building. Any
permitted or accessory uses such as
sales, service, display, or storage
of materials, products, and vehicles
conducted outside the building
containing the principal use that is
not specifically allowed or is not
prohibited elsewhere in this
ordinanre.
Section 14. Amend Section 10, Subdivision C, 4. as follows:
4. Storage and Display of Materials:
a. In all CLASSES OF BUSINESS DISTRICTS and the INDUSTRIAL
DISTRICT, open storage or displa-y of materials in any
required front, side or rear yard shall be prohibited.
b. Any other outside storage shall be located er and
screened with an adequate buffer per plans approved by
the City so as not to be visible from any of the CLASSES
OF RESIDENCE DISTRICT, from adjoining property or from
public street.
M
c. uutsiae storage or materials involving an enclosure OT up
to 120 square feet properly located on a site in
accordance with plans approved by the City may be allowed
in the B-2 and B-3 District with an administrative permit
issued in accordance with the requirements of this
subdivision.
d. Outside display of merchandise may be allowed in the B-2
and B-3 business districts by administrative permit
issued pursuant to the requirements of this subdivision
subject to the following:
(1) Automotive products may be displayed in the pump
island area of service stations which have a current
operating license.
(2) Vending machines accessory to and under the
management of the principal allowable use.
The maximum amount of outside display allowed is 50
percent of the linear structural frontage on the main
entrance side of the principal building; a maximum 4
feet depth measured from the exterior wall of the
building; and a maximum height of 6 feet.
Outside display of merchandise shall involve no
additional signage other than for price of the
product with the package of the merchandise itself
has sign value.
Section 15. Amend Section 4, Subdivision B, by the addition of the
following:
Display, Outside -- A class of storage outside the principal
buildin where merchandise is visible and ma involve active
sales as well as passive sales where items can be taken
inside for actual purchase Outside display of merchandise
may be temporary or permanent depending upon the conditions of
the permit issued pursuant to this ordinance.
Storage, Outside -- Exterior depository, stockpiling, or
safekeeping of materials, products, vehicles, and the like.
Outside storage may be enclosed by a structure that includes a
roof in which case the structure shall be deemed outside
storage; or outside storage may involve fencing or screening
without a roof in which case fencing or screening shall be
deemed outside storage. Outside storage does not involve any
product representation or signage except for those emergency
or safety related signs specifically approved by the City.
Vending machines accessory to allowable uses do not constitute
outside storage.
Section 16. Effective Date. This ordinance shall take effect upon its
passage and publication.
Adopted by the City Council this 10th day of December, 1990.
ATTEST
0"<
City Clerk
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Published: Weekly News 1-3-91.
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