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HomeMy WebLinkAboutCity Council Ordinance 1961-10ORDINANCE NO. 61-10 VILLAGE OF PLYMOUTH An Ordinance Amending the Zon- ing Ordinance of the Village of Plymouth. (Churches. Auditor- iums.) The Village Council of the Vil- lage of Plymouth does hereby or- dain as follows: Section 1. Amendment of Exist. ing Ordinance. The Plymouth Village Zoning Ordinance adopted NLvember 9, 1949 is h e r e b y amended to add the following thereto. Section 2. Enactment of Special Regulations Relaling to the Estab- llshmeni of Churches and Audi- toriums. 2.01 The following special reg- ulations shall hereafter be applic- able to structures used as church- es or auditoriums. Section S. 'Yard Requirements and Buildable Height. 3.01 The following shall be the yard setback requirements for structures to be used as churches or auditoriums. a) Front Yard -50 feet. b) Side Yard --30 feet. c) Rear Yard -50 feet. 3.02 The height of any struc- ture to be used as a church or an auditorium shall be subject to the approval of the Village Coun- cil after obtaining the advice and recommendation of the Planning Commission. Section 4. Off -Street Parking. 4.01 One (1) parking space shall be required for each three (3) seats in any church or auditor- ium based upon the design capac- ity of the main assembly hall. 4.02 In addition to the require- ments of Section 4.01 above, such off-street parking area must con- tain driving lanes for the number of vehicles within the area and such driving lanes may not be counted in the calculation of re- quired parking spaces. Parking spaces and driving lanes shall be so arranged that a vehicle may enter or leave the parking area wit'iout crossing any parking space and so that no vehicles need to be backed onto any public street or alley to leave said area. 4.03 Such required off-street narking areas shall be on land abutting the property on which the church or auditorium struc- ture is located. 4.04 Side and rear yard set- back areas may be used for off- street parking except that no part of any side yard set -back may be so used if said side yard abuts on a public street. 4.05 Such off-street p a r k i n g areas shall be surfaced with bitu- minous or concrete and lighting of these areas shall be accom- plished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in residential use. 4.06 Such off-street parking areas shall be constructed so as to afford proper drainage of sur- face waters and such construction shall be subject to the approval of the Village Engineer. 4.07 The location and number of all curb cuts or entrances into such off-street parking areas shall be approved by the Village Coun- cil atter obtaining the advice and recommendation of the Planning Commission. In no event shall such curb cuts or entrances ex- ceed twenty-two (22) feet in width. 4.08 After an area has been established as an approved off- street parking area in accordance with the terms of this Ordinance, no person owning or controlling tl,e same shall thereafter use such area in any manner contrary to the approved plan for the area, nor suffer or permit such an area to be used in violation of such Plan. Section 5. Issuance of Building Permits. 5.01 No building permit shall be issued for the construction, alteration or modification of any church or auditorium until a plot plan showing the location, size and seating capacity of all pro- posed buildings or alterations or modifications of any existing Luildings is submitted to the Hanning Commission and there- after to the Village Council for its approval. In addition to such plot plan, there shall also be sub- mitted a plan showing the pro- posed off-street parking. 5.02 Approval of the above plot plans by the Village Council shall be required before the issuance of a building permit. Construction, alteration or modification of any structure for church or auditor- ium use other than as shown in such plot plans shall be a viola- tion of the Ordinance. Section 6. Water Supply, Sew- age Disposal, Surface Water and Screening. 6.01 The Village Engineer must approve the plans for the water supply, surface drainage and sew- age disposal and such approval must be obtained before a build- ing permit is issued. 6.02 Churches or auditoriums and off-street parking areas for use in connection therewith situ- ated on land abutting residential- ly zones areas must be adequately screened by such screening mate- rials as may be required by the Village Council. Section 7. Additional Condi- tions. 7.01 If after consideration of the matters contained in Section 3 through 6 hereof, the Village Council shall determine such plan is adequate, it shall authorize the issuance of a building permit. The Village Council may condition the granting of such permit upon the execution of a contract relating to any or all of the requirements of Sections 3 through 6 hereof and the providing of such secur- ity as it shall determine necessary to assure compliance with the pro- visions of such sections; and the provisions of such contract. Section A Variances. 8.01 The Village Council may grant variances from the strict application of the provisions of this ordinance and impose condi- tions and safeguard.:: in the var- iances so granted, in cases where by reason of narrowness, -!,,Wow- ness, or shape of a lot ur land area, or where by reason of excep- tional topogr-Aphic or water condi- tions or other extraordinary and exceptional conditions of such lot or land area, he strict application of the terms of this Ordinance would result in peculiar and prac- tical difficulties or exceptional or undue hardship upon the owner of such lot or land area in devel- oping and using such lot or land area in a manner customarily and legally permissible in the multiple dwelling zone. Applications for variances shall be Sled with the Village Clerk and shall state the exceptional conditions of the lot or land area and the peculiar and practical difficulties claimed as a basis for such variance. 8.02 Before aut'-orization of any variances, :l+e i --qu-st there- for shall be referiA to the Plan- ning Commission of the Village of Plymouth for study concerning the effect of the proposed variance upon the character and develop- ment of the neighborhood and surrounding area and for its ad- vice and recommendation to the Village Council for the granting of such variance from the strict application of the provisions of this Ordinance so as to relieve such difficulties or hardship to the degree considered reasonable without impairing the intent and purpose of this Ordinance. The Planning Commission shall recom- mend such conditions related to the variance regarding the loca- tion, character and other features of proposed buildings, structures or uses as it may deem ar--lsable. 8.03 No variances maj the strict application of the provisions of this Ordinance shall be consid- ered except as provided in Sec- tions eo-tions 8.01 and 8.02 above. The provisions of Section 38 (c) of the Plymouth Village Zoning Ordi- nance No. 2 shall not be applic- able to church and auditorium structures. Section 9. Violation and Pen- 9.01 Any person, firm, corpora - which violates or refuses to com- ply with any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon convic- tion thereof be subject to a fine of not less than Five Dollars ($5.00) nor more than One Hun- dred Dollars ($100.00) for every offense or to imprisonment not exceeding ninety (90) days. Exch day that a violation is permitted to exist shall constitute a separate offense. Section 10. EHecti" Dais. 10.01 This Ordinance shall be- come effective upon its passage and publication. Adopted by the Village Council June 18, 1961. Thos. J. Keefe, (Seal) Mayor Pro Tem Attest: H. T. Johnson, clerk. (6/29,'61)