If you can figure out the City of Ann Arbor zoning, you're better than me.
The Westside Farmers Market, which has been holding court in the parking lot of Zingerman's Roadhouse, has put off its 2009 season until zoning issues get resolved.
Ann Arbor's Westside Farmers' Market is currently "on hold" due to zoning restrictions from the city of Ann Arbor.
The Ann Arbor News story by Judy McGovern reads
The property's C3 zoning is the most relaxed of the three commercial categories, but it doesn't allow the kind of "special use" permits that can be issued to properties in the more restrictive C1 and C2 categories.
That appears to be an oversight in the regulations, and city officials are working to change the code, said City Council Member Carsten Hohnke, whose 5th Ward includes the property.
I read through city code; it appears that C3 zoning (5:10.23) for the properly in question is preferential to properties where automotive access is the characteristic function:
(1) Intent.
The
design and regulations of this district are set up to provide for
certain types of commercial activities which have characteristics in
common. In this district, the customer usually comes directly to the
particular establishment by automobile, making a separate stop for each
errand. Comparison shopping activity is less than in the central
business district. Since there is little essential interdependence of
activities, establishments can be dispersed over considerable areas
with each establishment having its own automobile parking. Good
automobile accessibility is essential to these districts. The uses
permitted, because of their lack of intense pedestrian activity and
their required contact with auto access, would be incompatible in the
central business district.
The get-out-of-jail-free card is this language on special use permits, as described in the C-1 Local Business District language (5.10.15):
(h) The City Council may, by resolution, designate
certain dates and locations as special events temporary outdoor sales
areas. Said resolution shall include conditions and standards of
conduct to be in force for outdoor sales and displays on private
property. A property owner who wishes to conduct outdoor sales and
displays on his or her private property, as provided for in the council
resolution, shall first apply for and receive a Zoning Compliance
Permit by the date designated in the resolution. The conditions and
standards contained in the resolution shall be conditions of the Zoning
Compliance Permit issued to a property owner. Failure to comply with
the conditions set in the resolution shall be a violation of this
ordinance section and shall be grounds to revoke all permits granted to
the property owner for the duration of the special event identified in
the resolution.
The question, is appears, is whether the C-1 "special events" language applies to C-3 zoning, or whether there is no permit possible for someone in the automotive, big box, strip mall and huge parking lot district to ever do a temporary outdoor sales area.
Given that Zingerman's had a previous permit for this use I suspect there's some other story not yet being told. Your guess is as good as mine what prompted this whole snafu. Zingerman's has had disputes with the city about their 322 E Kingsley property's zoning , which have come to council recently.
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