HomeMy WebLinkAboutCity Council Ordinance 1986-07CITY OF PLYMOUTH
ORDINANCE NO. 86-07
AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NUMBER 80-9, ADOPTED JUNE 16, 1980 AS
AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO TEXTUAL AMENDMENTS
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment of Zoning Ordinance. SECTION 4, Subdivision B, Definitions
is hereby amended by the addition of the following:
, Rural Community -- Churches which, by Conditional Use Permit, are located
the Future Restricted Development (FRO) District and which have a maximum
ctuary seating capacity of 275 seats, located on property which is classified
the City's Comprehensive Land Use Guide Plan as LA -1, LA -2, LA -3, LA -4, CL,
or CC. Rural community churches do not have accessory commercial activities,
luding but not limited to day care centers, nursery schools, or primary and/
secondary schools; but may have activities such as religious instruction and
dance.
Section 2. SECTION 7, Subdivision C, Districts, Uses is hereby amended by the
addition of the following:
DISTRICTS USES
FRD R -1A R -1B R-2 R-3 R-4
C -- -- -- -- -- - Churches, Rural Community
Section 3. SECTION 8, Subdivision B, is hereby amended in part by the addition of
the following:
DISTRICTS USES
B-1 B-2 B-3
Office
Limited Retail Service
C C -- - Religious or philanthropic institutions
and churches.
Section 4. SECTION 4, Subdivision B, is hereby amended by the addition of the
following:
Transient Merchant -- Any person, individual, co -partnership, incorporation, both as
principal and agent, who engages in, does, or transacts any temporary and transient
business selling goods, wares, and merchandise; and, who for the purpose of carry-
ing on such business, has complied with the licensing requirements of the City
Code, and hires, leases, occupies, or uses a building, structure, vacant lot, motor
vehicle, trailer, or railroad car in a zoning district where it is allowed by this
Page two
Ordinance No. 86-07
Transient Produce Merchant -- Any person who engages in or transacts in any temporary
and transient business within the City, selling the products of the farm or garden
occupied and cultivated by that person; and, who for the purposes of carrying on
such business, hires, leases, occupies, or uses, a building, structure vacant lot
motor vehicle trailer, or railroad car, on a site other than the property on which
The produce is grown and cultivated in a zoning district where it is allowed b
this Ordinance.
Section
5. SECTION
7, Subdivision C.,
is hereby amended by the addition
of the
following:
DISTRICTS
USES
FRD
R -1A R -1B R-2
R-3 R-4
P
-- --
-- -- --
- Transient merchants as
regulated in Section 10
P
_ _
_ _ _
- Transient produce merchant
as regulated in Section
10
Section
6.SECTION
8, Subdivision B.
is hereby amended by the addition
of the
following:
DISTRICTS
USES
B-1
B-2
B-3
Office
Limited
Retail
Service
--
P
P
- Transient Merchants as
regulated in Section 10
P
P
- Transient produce merchant
as regulated in Section
10
Section 7. SECTION 10, Subdivision A., 2., D., is hereby amended by addition of
the following:
One temporary sign for transient merchants and transient produce merchants in the
FRO District only. The sign shall not exceed 16 sq, ft. in surface area and shall
not exceed 6 ft. in height. The sign shall be setback at least 20 ft. from the
street right-of-way line and shall be erected only during the period of transient
sales.
Section 8. SECTION 10, Subdivision A., 4., C., and 5., D., is hereby amended by
the addition of the following:
One temporary sign for transient merchants and transient produce merchants. The
sign shall not exceed 16 sq. ft, in surface area, and shall not exceed 6 ft. in
height. The sign shall be setback at least 20 ft. from the street right-of-way
line and shall be erected only during the period of transient sales.
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Ordinance No. 86-07
Section 9. SECTION 10, Subdivision B., 5., g., 1), is hereby amended by the
addition of the following:
Authorized sites for transient merchants, transient produce merchants, and for an
person that sells products of the garden or farm on the property on which the
products are grown and cultivated are exempt from this reouirement.
Section 10. SECTION 10, Subdivision B., 5., g., 3), is hereby amended by the
addition of the following:
Authorized unimproved sites for transient merchants transient produce merchants
and for any person that sells products of the garden or farm on the property on
which the products are qrown and cultivated are exempt from this renuirempnt_
Section 11. SECTION 10, Subdivision B., 5., h., is hereby amended by the addition
of the following:
Transient Merchant and Transient Produce Merchant Sites
Authorized sites for transient merchant, transient produce merchant sales, and an
person that sells products of the garden or farm on the property on which the
products are grown and cultivated, shall provide off-street parking areas of suf-
ficient size to provide parking for patrons, customers, and employees. All parkin
and circulation shall be on the site, and in no case shall encroach upon the public
right-of-way or adjacent properties.
Section 12. SECTION 10, Subdivision B., 2., is hereby amended by the addition of
the following:
Transient merchants, transient produce merchants, and any person that sells
products of the garden or farm on the property on which the products are grown and
cultivated, shall submit a plot plan drawn to scale and dimensioned showing of`
street parking and circulation and the plan shall show the access to the public
street and if the site is a corner lot, or is an interior lot within 50 ft.of a
corner lot, the plan shall show the distance to the street intersection. The plan
shall be approved prior to any sales. No site shall be located within any public
right-of-way.
Section 13. SECTION 10., Subdivision C., is hereby amended by the addition of the
following:
Transient merchants and transient produce merchants
Transient merchants and transient produce merchants shall comply with the require-
ments of this Ordinance unless specifically provided otherwise and shall comply
with the following prior to any sales:
Written permission from the owner of the property where the sales are to be
conducted shall be submitted.
A written affidavit from the transient produce merchant shall be submitted
indicating that the produce to be sold by the merchant was grown by the mer-
chant on property that is occupied and cultivated by him. The affidavit shall
list the produce to be sold and the place where the nrndiiop wac nrnwn_
Transient merchants shall show evidence of compliance with City licensing
requirements.
Page four
Ordinance No. 86-07
Section 14. SECTION 7, Subdivision D., 3., b., is hereby amended as follows:
Minimum Lot Width in Feet FRO R -1A R -1B R-2 R-3 R-4
b. Dwellings, two family (100) (100)(80) (80)
per dwelling unit -- -- 50 50 40 40
Section 15. SECTION 8, Subdivision E, footnote ***, is hereby amended in part to
read as follows:
*** See Section 10, Subdivision C for special provision for expansion in the I-1
District and for calculation of maximum lot coverage in the non-residential zoning
Section 16. SECTION 10, Subdivision C, which is hereby amended by the addition of
the following:
Calculation of Maximum Lot Coverage in B-1, B-2, B-3, and I-1 Districts:
A developer may elect to have the maximum lot coverage in the B-1, B-2 B-3, and
I-1 Districts calculated only for that land above the High Water Elevation
established by the adopted City Storm Water Drainage Plan as verified by the City
Engineer. The request to do this shall be in writing and shall accompany the
application for plan approval. This will apply to the calculation of the lot
coverage by approved structures and does not prohibit the use of land below the
established High Water Elevation for parking or open space purposes which may be
allowed by this Ordinance. The resolution approving plans subject to this option
shall state that the option was used in the calculation of maximum lot coverage and
the resolution shall be filed as a memorial on the DroDerty.
Section 17. SECTION 9, Subdivision B, Bonus Point Calculation Criteria, amended by
deletion of the following:
[Minimum project size may not under any circumstances be less than 15 acres.]
Section 18. SECTION 9, Subdivision B, 3., a., 2) is hereby amended by the addition
of the following:
Bonus points are intended for those projects which satisfy one or more of the
stated Bonus Point Criteria. The evaluation of the project with respect to those
criteria shall be undertaken upon the determination that the proposed project
satisfies the basic attributes of a Planned Unit Development as set further in this
Section and thus qualifies as a Planned Unit Develooment.
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Ordinance No. 86-07
Section 19. SECTION 9., Subdivision B, Bonus Point Calculation Criteria, (d) is
hereby amended as follows:
(d.) The project clearly demonstrates affirmative design efforts through pro-
vision of private/public open space, net (exclusive) of required street
right-of-way, required public park and trail dedication, required storm
drainage ponding areas, and required rear yards, which preserve and
enhance the worthwhile natural terrain characteristics and which do not
force intense development to utilize all portions of the site, according
to the following schedule: - 0 - 2 points.
Section 20. SECTION 9, Subdivision B, 1., c., 4) is hereby amended with the
addition of the following:
4) More useable and suitably located active recreation facilities and other
public and common facilities than would otherwise be provided under
conventional land development procedures.
Section 21. SECTION 9. Subdivision B, 1., c., 5) is hereby amended by the addition
of the following:
The primary function of Planned Unit Development provisions is to provide
developments which will preserve and enhance the worthwhile, natural ter-
rain characteristics, and not force intense development to utilize all
portions of a aiven site. In evaluatino each individual Dr000sal. the
or
SecLion 22. SECTION 9, Subdivision B., 4., e., is hereby amended by the deletion
of the following:
[A primary function of Planned Unit Development provisions is to provide develop-
ments which will preserve and enhance the worthwhile, natural terrain characteris-
tics and not force intense development to utilize all portions of a given site. In
evaluating each individual proposal, the recognition of this objective will be a
basic consideration in granting approval or denial.]
Section 23. SECTION 10, Subdivision A., 6., B., is hereby amended by the addition
of the following:
Individual businesses and tenants in multi -tenant industrial buildings may have
free standing business signs, provided they are designed and arranged in accordance
with a comprehensive sign plan for the entire multi -tenant industrial building
which has been prepared by and submitted to the City by the owner and which has
been approved by the City; further, the aggregate area of such free standing shall
not exceed 5% of the wall area of the wall adjacent to the signs, nor shall the
free standing signs exceed 6 ft. in height. The free standing signs shall be in -
lieu of any wall signage on the wall adjacent to the free standing signs.
All such signs shall be reviewed by the building ownership or management who shall
provide a written endorsement at the time application is made for the sign permit;
the endorsement shall indicate that the proposed signage has been found to be con-
sistent with the approved comprehensive sign p an.
Page six
Ordinance No. 86-07
Section 24. SECTION 8, Subdivision D., 3., is hereby amended to read as follows:
e. Temporary retail activities directed at the general public may be allowed as an
accessory use subject to issuance of an administrative permit and subject to
the requirements of this paragraph. For purposes of this paragraph "Retail
Activities" shall include temporary, short-term warehouse sales, inventory
reduction or liquidation sales, distressed merchandise sales, and product
promotion events including displays, introductions, expositions, and swap meets
related to the products and/or services of the established tenant or owner, and
conducted on the premises of permitted and conditional uses in this District;
but shall not include sales events which are regularly scheduled or seasonal in
nature.
Section 25. Effective Date. This Ordinance shall take effect upon its passage and
publication, except for Sections 4 through 13 which shall take effect August 15, 1986.
Adopted by the City Council the rh day of AJA--, 1986.
,
Virgil Schneider, Mayor
ATTEST
Laurie -Houk, City Clerk
ord/amend(ord86)1-6
Published: Plymouth Post 5-22-86.