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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. Page three 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. Page five 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.