HomeMy WebLinkAboutCity Council Ordinance 1987-17CITY OF PLYMOUTH
ORDINANCE NO. 87-17
AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE NUMBER 80-9, ADOPTED DUNE 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 7, Subdivision B., 3., is hereby amended to read as follows:
R --1B (Low Density Residence) District.
This District is intended to provide transitional areas that will allow a mixing of
two-family homes and/or single family homes on smaller minimum lots with standard
size lots [areas of predominantly small lot, single family character], at a density
range of 2 to 3 dwelling units per acre (located on the fringes of walking
neighborhoods] where LA -1 (low density residential) property is adjacent to
arterial or major collector streets and/or where property is adjacent to higher
density or non-residential land indicated in the Comprehensive Plan and served with
public services and facilities. The depth of the transitional area subject to
classification as R -1B is defined as two tiers of platted lots which may be
separated by or which may abut a public street. Consideration may be given by the
Tity to unique topographical or open space features such as parks and trails in
determining the extent of the transitional zone. The purpose of this District is
to provide for a transition and is not intended to be a substitute for other zoning
districts or techniques such as the Planned Unit Development.
Section 2. Section 9, Subdivision B., 5., n., and o., 6) are hereby amended to
read as follows:
n. 1) When the final site plan and plat are approved by the City Council or as
otherwise provided by the City Code or this Ordinance, the final site pra—n
and all supporting documents will he filed in the PUD Conditional Use
Permit file and together they will form the conditions of the permit.
o. 6) All detailed Site Plans have been approved, as required and provided for in
Section 11 of this Ordinance (by the City Council].
Section 3. Section 11, Subdivision A., 6., 1= hereby amended to read as follows:
(Before building permits are issued for the development of structures,] A site plan
shall be reviewed by the Planning Commission and approved by the City Council,
before building permits are issued for the develowent or alteration of structures
and before development or re -development of sites commences on any propertyin the
ity which is zoned - -4- or I-1. Includina those properties in
the same zones which are also classified as Planned Unit Developments, except as
otherwise Drovided in this Section.
Section 4. Section 11, Subdivision A., 8., is hereby amended to read as follows:
(Properties in the City presently zoned in the R-3, R-4, B-1, B-29 B-3 or I-1
Districts which are not presently developed shall he required to follow the site
plan review procedures of Paragraph 7 above before the development shall occur.]
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Ordinance No. $7- 17
Site plans may be approved by the Community Development Director acting as the Zon-
ing Administrator or by the Director's designee, in -lieu of Planning Commission
review and Citv Council aoaroval subject to the followina:
a. Site plans may be administratively approved only for sites which meet the
following criteria:
1) Sites shall be in non-residential zoning districts, including those within
Planned Unit Developments, and shall not abut any residential property
other than property in the Future Restricted Development District which the
Land Use Guide Plan classifies as non-residential.
2) All sites must be in the Urban Zoning District which corresponds with the
Comprehensive Land Use Guide Plan Classification for the property.
3) All sites must be legal parcels of record at the time of application.
4) All applications
accordance with t
shall be paid.
for site plan approval must be complete and in full
ie requirements of this Ordinance. All applicable fees
5) All development proposals and site plan layouts must meet or exceed the
standards of all applicable codes, ordinances, and policies and must be
free of any variances from those standards.
6) Only applications for uses explicitly classified as Permitted Uses by this
Ordinance are eligible for administrative approval.
b. Administrative approval of eligible site plans shall be subject to the follow-
ing procedural guidelines:
1) Plan review will be in accordance with established procedures including the
coordinated review by other City departments and divisions.
2) Approvals shall be subiect to the aoolicable reouirements of Citv nolic
including, but not limited to the Park Dedication Policy and the Landsca
Standards and Criteria Policy.
3) Approvals shall be subject to applicable findings by the Public Safet
Department based u on the City's Fire Codes and Standards includin
exceptions which may be made by the Department.
4) A
irements of
« _ ^I-
5) Approvals shall be subject to the applicable conditions established by this
Ordinance tncludlng, but not limited to the requirements of this Section as
to Site Performance Agreements and Financial Guarantees.
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Ordinance No. 87- 17
6) Site plans involving properties within approved Planned Unit Developments
shall be subjective to applicable evaluation criteria in Section 9,
Subdivision B.
7) Approval shall be made only upon the finding that all applicable code,
ordinance, and policy standards and requirements have been met or exceeded.
8) Any variance proposal will automatically require the entire application to
be processed in accordance with the Planning Commission review and City
Council approval provisions of this Section.
9) The applicant or the Community Development Director may submit the
application to the Planning Commission and to the City Council for
disposition at any time.
10) Any unresolved dispute as to administrative interpretation of City code,
ordinance, or policy requirements will automatically require the entire
application to be processed in accordance with the Planning Commission
review and Cit Council approval provisions of this Section. Applications
which have not received final administrative approval within 30 days from
the date of acceptance of the application, due to unresolved dispute as to
the administrative interpretation of City codes, ordinances, or policies
shall be submitted in their entirety to the Planning Commission and City
Council for disposition.
11) Administrative approval including all applicable conditions and require-
ments shall be made in writing by the Community Development Director or the
Director's designee and the applicant, in addition to all other applicable
requirements, shall submit a written acknowledgement of that approval prior
to the commencement of anv development and Drior to the issuance of anv
permits.
Section 5. Section 8, Subdivision B, is hereby amended as follows:
DISTRICTS USES
B-1 B-2 B-3
Office
Limited Retail Service
8. -- C [C] P - Commercial recreation such as bowling
alleys, billiard halls, miniature golf, etc.
19. [C] P [C] P P - Mortuaries and funeral homes; monument sales
which are accessory to the primary use.
24. [C] P P C - Personal service and repair establishments
such as barber and beauty shops, shoe
repair, etc.
28. [C]P [C]P P - [Printing, publishing and related distribution
agencies.10ver-the-counter job printing,
duplicating, and photocopying services -
secretarial an word processing sere ces• and
answering services.
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Ordinance No. 87- 17
USES
B-1
B-2
B-3
Office
Limited
Retail
Service
36. --
P
[C] P
- Retail shops and stores (excluding autos,
boats, machinery, etc) such as apparel,
appliance, beverage, book, carpet, drugs,
furniture, grocer, hardware, jewelry, paint,
tobacco, sporting goods.
40. --
P
[C] P
- Theaters (indoor).
41. C
_
_
- Theaters inside approved office
buildings or office complexes.
Section 6.
Section
8, Subdivision D., 3., a., is hereby amended to read as
follows:
a. All secondary uses customarily incident to the permitted or conditions listedZ
including but not limited to the following in approved multi -tenant buildinas:
over-the-counter printing, duplicating, and photocopying services; secretarial
and word processing services; and telephone answering services.
Section 7. Section 7, Subdivision C., is hereby amended as follows:
DISTRICTS USES
FRD R -1A R-18 R-2 R-3 R-4
15. -- C C C C C - Churches or other religious or philanthropic
Institutions, [cemeteries]
27. -- -- -- -- -- C - Convalescent and nursing homes, [congregate
housing. (Amended Ord. 83-12)]
39. A A A A A A - Private garage, carport, boathouse, dock,
or pier.
Section 8. Section 4, Subdivision 8., is hereby amended by adding the following:
Awning -- A temporary canopy which is supported entirely from: the exterior wall of
a building over the area immediate!y in front of a window or door. Awnings may be
retractable and are accessory to the primary buildina and should be as easy to remove
as thev are to install.
Canopy -- An accessory roof -like structure, which is either attached or detached
from an allowable primary building; which is open on all sides, other than where
attached; and which is located over and designed to erovide temporary cover for
entrances exits, walkways. and approved off-street vehicle service areas such as
2asollne stations, drive -In establishments, and oad ng berths)'.
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Ordinance No. 87- 17
Carport -- An accessory roof -like structure, either attached to or detached from an
allowable primary building, enclosed on not more than two sides, which is
designed to provide cover for approved off-street vehicle parking or vehicle
storage space.
uee -- A permanent canopy and roof structure which is attached to and supported
by a primary building; which is constructed of durable material compatible with
the primary structure; and which projects over the entrance to the buildina.
Section 9. Section 10, Subdivision A., 9., B., 7) is hereby amended to read as
follows:
7) Flags, badges, or insignia of any government or governmental agency, or of any
civic, religious, fraternal, or professional organization. Commercial and
industrial establishments may display on a single flag or on a single awning
or on a sine canopy [consisting of] the official corporate seal or insignia
as identification of the individual establishment. Advertising or promotion
of specific products or services is prohibited sinless approved in conjunction
with an administrative or Conditional Use Permit es provided by City
Ordinance.
Section 10. Section 10, Subdivision A., 3., B., 2) is hereby amended to read as
follows:
2) "A flat wall Business Sign shall be permitted and shall be limited to a
maximum surface area of SO sq. ft., or 5% of the area of the wall to which the
sign is attached, whichever is greater; and, shall not extend more than 18
inches from the face of the building except that such signage may extend from
the face of the roof over a covered walk or from a marquee, providing the
signage does not extend above the roofline of said building.
Section 11. Section 10, Subdivision C., 7., a., b., and c. are hereby amended to
read as follows:
7. Accessory Buildings:
a. A residential accessory building or structure attached to the main building
shall be made structurally a part of the main building and shall comply in
all. respects with the requirements of this Ordinance applicable to the main
huildingi Can accessory building, unless attached to and made a part of the
main building, shall not be closer than six (6) feet to the main building,]
except as otherwise provided in this Ordinance.
b. A detached accessory building or structure shall not be located in any
required front or side yard, and shall not be closer than six (6) feet to
the main building, except as specifically provided herein.
c. Detached accessory buildings in the R -IA, R -'1B, and R-2 Districts shall be
permitted as follows: 1) A private ga-age or a carport not over one (1)
story and not exceeding twelve (12) feet in height shall occupy an area of
not more than thirty (30) percent of the area of the required rear yard or
1,000 sq. ft., whichever is lessers 2) A storage shed or utility building
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Ordinance No. 87- 17
not exceeding 120 sq. ft. shall be allowed in the rear yard no closer to
the property line than six (6) feet or the width of an established public
easement, whichever is greater; and, 3) The lot coverage of all accessory
buildings and structures shall be included in the maximum lot coverage of
all structures shall be as required provided in Section 7, Subdivision
D.
Section '12. Section 10. Subdivision D. is hereby amended in part as follows:
1. Residence Districts - Front Yard.
a. No fence or wall [or planting] shall be allowed three (3) feet in height
above the street curb level within twenty (20) feet of any street right-of-
way corner, so as to interfere with traffic visibility.
b. No fence or wall [or planting] of more than three (3) feet in height above
the level of the street curb level shall be erected within any required
front yard as defined for each District, except as specifically provided
otherwise by this Ordinance. Front yard is that yard extending along and
adjacent to any street right-of-way.
c. A [planting,] fence or wall, up to six (6) feet in height, may be allowed
within a front yard which qualifies as an equivalent rear or side yard as
defined by this Ordinance, provided that it does not impede safety by
obstructing vision of pedestrians or motor vehicle operators.
5. a. [Screen] Plantings may be substituted for walls or fences required for
screening, provided such plantings are of [such type as] varieties Ltol
that permit a minimum of ninety (90) percent opacity during all months of
the year.
b. All plantings and landscape materials in front vards and in the area within
twenty (20) feet of any street right-of-way corner shall be located and
maintained so as to not impede safety by obstructing the vision ofpedes-
trians or of motor vehicle operators from private drives onto public
streets or at the intersection of public streets. Landscape materials, for
purposes of this Section, shall include but not be limited to posts,
timbers, railroad ties. rocks, boulders. and manufactured or natural
decorative products and materials.
Section 13. Section 11, Subdivision A is hereby amended by the addition of the
following:
13. Signs Announcing Proposed Developments and Land Use Actions.
Signs shall be posted on sites which are the subject of certain development
proposals and/or certain amendments to City land use regulations, in addition
to other notification procedures in accordance with the following:
a. Announcement signs shall be designed, acquired, maintained installed and
removed b the City. Materials and procedures necessary to Implement this
Section shall e procured and Imp emented under the direction o the tv
r.
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Ordinance No. 87-17
b. An administrative fee shall be established in the City Code Fee Schedule and
shall be charged to cover the costs of installing and removing the signs. A
new fee shall be charged each time a sign is required.
c. The signs shall be installed on all sites involving the following: Proposed
amendment of the Land Use Guide Plan Classification; proposed amendment of the
Zoning Classification; application for approval for Planned Unit Development
Concept Plan; applications for approval of Planned Unit Development Preliminary
Plans/Plats; and, applications for Preliminary Plats. This requirement is
applicable regardless of the existing or proposed zoning classification.
d. Signs shall be installed on all non-residential sites which are within 500
lineal feet of any residential property and which are the subject of the
following: Application for the approval of a Variance from the Zoning
Ordinance or from the Subdivision Code; and, applications for a Conditional Use
Permit.
e. Signs required by this Section shall be posted on the site so to be visible by
the general public at least ten calendar days prior to the scheduled considers
tion by the Planning Commission. The signs shall be removed following the
Planning Commission consideration.
Section 14. This Ordinance is effective upon adoption and publication.
Adopted by the City Council the 27th day of July , 1987.
VirGfil Schneider, Mayor
ATTEST
T -Lauri Brandt, City Clerk`
Key: Underscoring represents new Ordinance language.
brackets] represent the deletion of Ordinance language.
ord/amend(ROUNDI)1-7