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)