(A)   Statement of purpose.  The suburban estate residential district is established to permit single- family residential development of a rural non-farm nature in areas without public sewer and water facilities.  For the suburban estate residential district, in promoting the general purpose of this ordinance, the specific intent of this section is:

      (1)   To encourage the construction of, and the continued use of the land for single-family dwellings;

      (2)   To prohibit business, commercial, or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district;

      (3)   To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this ordinance;

      (4)   To discourage any land use which would generate traffic on minor or local streets other than normal traffic to serve the residences on those streets; and

      (5)   To discourage any use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply, and sewerage, substantially in excess of the requirements and costs if the district were developed solely for single- family dwellings.

   (B)   Principal permitted uses.  In the suburban estate residential district no uses shall be permitted, unless otherwise provided in this ordinance, except the following:

      (1)   Single-family detached dwellings;

      (2)   The growing of vegetables, fruit, flowers, trees, and shrubs;

      (3)   Publicly owned and operated museums, parks, playfields, libraries, and other recreational facilities;

      (4)   Public, parochial, or private elementary, intermediate, and high schools offering courses in general education, not operated for profit;

      (5)   Cluster subdivisions pursuant to requirements of § 157.093 of this code;

      (6)   Accessory buildings and uses customarily incidental to the above principal permitted uses;

      (7)   Off-street parking in accordance with the requirements of §§ 157.110 et seq. of this code;

      (8)   Home occupations as defined in § 157.006 which comply with § 157.100(A) of this code;

      (9)   Single-family farm dwellings;

      (10)   Farm buildings and greenhouses;

      (11)   (a)   Farms, including livestock and poultry raising, dairying, horticulture, farm forestry, sod farming, and similar bona fide agricultural enterprises or use of land and structure, provided the farm shall be a minimum of 5 acres.

         (b)   The keeping of horses for farming or for riding purposes, equines, cattle, or similar livestock shall be permitted only if 1 acre of land is provided for the use of each such animal. The keeping of fowl, poultry, and small livestock shall be regulated according to yard setbacks. All land so used for the keeping of livestock or fowl shall be located no nearer to the front street line than the rear building line of the dwelling on that lot and no closer than 50 feet from any adjacent property line. A suitable fence or other enclosure shall be erected around the entire premises for outside use by horses, cattle, or similar livestock. There shall be no obnoxious odors, flies, or other nuisances caused by the keeping of livestock or fowl, or by any agricultural operation.

      (1)   Roadside stands for the display and sale of produce raised on the same premises, which shall be located not less than 25 feet from the street or highway right-of-way line and further provided that an open space for parking, 25 feet off the highway or street right-of-way, be provided for patrons of the roadside produce stand.  A maximum of 1 roadside stand shall be permitted on any premises;

      (2)   Private parks, country clubs, golf courses, and golf driving ranges, when located on a continuous parcel of 5 acres or more in area; when any structure on that parcel is located at least 250 feet from a lot line of any adjacent residential district; and when all ingress and egress from that parcel is directly onto a major thoroughfare;

      (3)   Churches and other facilities normally incidental thereto, subject to the following conditions:

         (a)   Unless established prior to the enactment of this ordinance, a church site shall contain an area of at least 2 acres;

         (b)   The site shall be so located as to have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the site shall be directly onto the major thoroughfare; and

         (c)   Wherever the off-street parking area is adjacent to land zoned for residential purposes, a continuous and obscuring wall not less than 5 feet in height shall be provided along the sides of the parking area adjacent to the residentially zoned land in accordance with § 157.087.

      (4)   Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations, but not including storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity, and the use is not injurious to the surrounding neighborhood;

      (5)   Nursery schools, day nurseries, and child care centers (not including dormitories), provided that for each child so cared for, there shall be provided and maintained a minimum of 200 square feet of outdoor play area.  This play space shall have a total minimum area of at least 1,000 square feet and shall be screened from any adjoining lot in any residential district in accordance with § 157.087;

      (6)   Cemeteries, subject to the following conditions:

         (a)   The cemetery site shall contain an area of at least 20 acres;

         (b)   The site shall be so located as to have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the site shall be directly onto the major thoroughfare;

         (c)   The perimeter of the site shall be fenced in accordance with § 157.087;

         (d)   Any structure located on the site shall be at least 100 feet from any lot line; and

         (e)   Any burial plot located on the site shall be located at least 50 feet from any lot line.

      (7)   Temporary buildings for use incidental to construction work for a period not to exceed 1 year.

   (A)   Statement of purpose.  The single-family residential districts are established as districts in which the principal use of land is for single-family dwellings.  For the single-family residential districts, in promoting the general purpose of this ordinance, the specific intent of this section is:

      (1)   To encourage the construction of, and the continued use of the land for single-family dwellings;

      (2)   To prohibit business, commercial, or industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district;

      (3)   To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this ordinance;

      (4)   To discourage any land use which would generate traffic on minor or local streets other than normal traffic to serve the residences on those streets; and

      (5)   To discourage any use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply, and sewerage, substantially in excess of the requirements and costs if the district were developed solely for single- family dwellings.

   (B)   Principal permitted uses.  In the R-1A, R-1B, and R-1C districts, no uses shall be permitted unless otherwise provided in this ordinance except the following:

      (1)   Single-family detached dwellings;

      (2)   Publicly owned and operated parks, playfields, museums, libraries, and other recreation facilities;

      (3)   Public, parochial, or private elementary, intermediate, and high schools offering courses in general education, not operated for profit;

      (5)   Off-street parking in accordance with the requirements of §§ 157.110et seq. of this code;

      (6)   Cluster subdivisions in R-1A districts pursuant to requirements of § 157.093;

      (7)   Home occupations as defined in § 157.006 and which comply with § 157.100(A) of this code;

      (8)   Single-family farm dwellings;

      (9)   Farm buildings and greenhouses; and

      (10)   (a)   Farms, including livestock and poultry raising, dairying, horticulture, farm forestry, sod farming, and similar bona fide agricultural enterprises or use of land and structure, provided the farm shall be a minimum of 5 acres.

         (b)   The keeping of horses for farming or for riding purposes, equines, cattle, or similar livestock shall be permitted only if 1 acre of land is provided for the use of each such animal. The keeping of fowl, poultry, and small livestock shall be regulated according to yard setbacks. All land so used for the keeping of livestock or fowl shall be located no nearer to the front street line than the rear building line of the dwelling on that lot and no closer than 50 feet from any adjacent property line. A suitable fence or other enclosure shall be erected around the entire premises for outside use by horses, cattle, or similar livestock. There shall be no obnoxious odors, flies, or other nuisances caused by the keeping of livestock or fowl, or by any agricultural operation.

   (C)   Permitted uses after special approval.  The following uses shall be permitted subject to the conditions hereinafter imposed and subject further to site plan review and approval of the City Planning Commission pursuant to § 157.177 of this code:

      (1)   Private parks, country clubs, golf courses, and golf driving ranges, when located on a continuous parcel of 5 acres or more in area; when any structure on that parcel is located at least 200 feet from a lot line of any adjacent residential thoroughfare;

      (2)   Churches and other facilities normally incidental thereto, subject to the following conditions:

         (a)   Unless established prior to the enactment of this ordinance, a church site shall contain an area of at least 2 acres;

         (b)   The site shall be so located as to have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the site shall be directly onto the major thoroughfare; and

         (c)   Wherever the off-street parking area is adjacent to land zoned for residential purposes, a continuous and obscuring wall not less than 5 feet in height shall be provided along the sides of the parking area adjacent to the residentially zoned land in accordance with § 157.087.

      (3)   Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations, but not including storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity, and the use is not injurious to the surrounding neighborhood;

      (4)   Nursery schools, day nurseries, and child care centers (not including dormitories), provided that for each child so cared for, there shall be provided and maintained a minimum of 200 square feet of outdoor play area.  This play space shall have a total minimum area of at least 1,000 square feet, and shall be screened from any adjoining lot in any residential district in accordance with § 157.087; and

      (5)   Cemeteries, subject to the following conditions:

         (a)   The cemetery site shall contain an area of at least 20 acres;

         (b)   The site shall be so located as to have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the site shall be directly onto the major thoroughfare;

         (c)   The perimeter of the site shall be fenced in accordance with § 157.087;

         (d)   Any structure located on the site shall be at least 100 feet from any lot line; and

         (e)   Any burial plot located on the site shall be located at least 50 feet from any lot line.

   (D)   Planned unit development.  It shall be the intent of this section to allow a more flexible development of land in the R-1A and R-1B residential districts by permitting, subject to review and approval of the Board of Zoning Appeals, a variation in dwelling type, bulk, density, and open space requirements within prescribed limits.

      (1)   Such a planned unit development (PUD) shall encourage:

         (a)   A more efficient use of residential land;

         (b)   The preservation of natural features in the community such as open space, wooded areas, creeks, ponds, and floodplains;

         (c)   The provision of areas for open space and recreation; and

         (d)   A more efficient provision of those public facilities required in connection with residential development, such as schools, fire stations, and similar public facilities.

      (2)   Planned unit developments permitted under this section shall be subject to the following requirements.

         (a)   The minimum lot size of any PUD shall be 30 acres.

         (b)   Of the total number of dwelling units permitted in a PUD, a minimum of 60% of the dwelling units shall be single-family homes.  The remaining 40% of the dwelling units may be apartments or townhouses.

         (c)   The developer shall provide within the PUD public sanitary sewer, water, and storm drainage systems which shall connect with the city’s system, and shall be otherwise constructed and maintained in conformity with the statutes, ordinances, and regulations of the state, the County Health Department, the County Drain Commissioner’s office, and the city.

         (d)   Uses permitted in a PUD may include and shall be limited to:

            2.   Nonresidential uses of a religious, cultural, recreational, or educational character that are characteristically found in residential areas; and

            3.   Commercial and office uses of a local or neighborhood character.

         (e)   Nonresidential uses shall not exceed 10% of the total land area of the PUD and must meet the following requirements:

            1.   Nonresidential sites may not exceed 10 acres in any 1 site.  Proposed larger sites must obtain conventional zoning;

            2.   Planned commercial or office sites are to be located at an intersection of 2 major thoroughfares or a major and a collector street; and

            3.   Not all PUDs automatically receive commercial or office sites.  The sites depend on the market potential of the area.  It is the burden of the landowner to submit sufficient evidence to justify the need for commercial or office development.

         (f)   The Planning Commission, in determining the reasonableness of the increase in the authorized dwelling units per acre, shall recognize that increased density may be balanced by additional private amenities and by increased efficiency in public services to be achieved by the planning unit development, provided that the densities do not exceed those expressed in Table 157.036A.

            1.   Density shall be determined on that portion of the planned unit development proposed for residential development and shall not include land devoted to schools, commercial facilities, office areas, or other nonresidential properties.

            2.   Open space areas shall be considered as residential property in determining density.  Existing public rights-of-way shall not be used in calculating density.

 

 

         (g)   The frontage and lot area of single-family lots shall be no less than shown in Table 157.036A.

         (h)   Common open space areas, as provided in accordance with Table 157.036A, shall be within and part of the single-family portion of the PUD.  All residents of the single-family area shall be members of a homeowners association which shall own and maintain the common open space.  Development of the common open space shall be in accordance with the following provisions:

            1.   All common open spaces are to be part of a subdivision plat and designated as a private park and given a name.  The developer is responsible for grading and seeding all portions of the non-wooded areas of the common open space at the time of the rough grading of the lots;

            2.   All common open spaces are to be of a size, shape, function, and location satisfactory to the City Planning Commission;

            3.   Drainage courses may be part of the open space provided in the PUD, provided the drainage courses are part of a contiguous park area, drainage easements do not constitute more than 30% of the total common open space, and drain easements shall be maintained as part of the common open space by the homeowners association;

            4.   The landowner shall turn control of the platted common open space to the homeowners when 80% of the homes planned are sold to the general public or within 3 years of the commencement of building, whichever occurs first; and

            5.   All common open space in and abutting the development stage shall be established as part of the subdivision plat.

         (i)   Except as provided in this subsection (D), development of single-family residential uses under this section shall be subject to all remaining provisions of this section, and Appendix A, and to all other provisions of this ordinance applicable to this type of use.

         (j)   Development of the multiple-family residential area shall be in accordance with the provisions of § 157.037 of this code, which are hereby incorporated herein by reference, and with the provisions of Appendix A of this ordinance, to the extent those provisions are not in conflict with the provisions of this section.

         (k)   Prior to the granting of a building permit for any uses under this subsection (D), a site plan shall be submitted to the Planning Commission for review in accordance with § 157.092 of this code.  A proposed agreement by the developer of the PUD with the city shall also be submitted for review with the site plan, stating the duties and obligations of the developer.  In the course of the site plan review, the Planning Commission shall hold a public hearing therein with notice as provided for hearings to consider ordinance amendments to change the zoning district of a parcel of land.

         (l)   After completing site plan review as provided in subsection (D)(2)(k) above, the Planning Commission shall recommend to the City Council that the site plan be approved or disapproved.  The City Council shall, upon receiving the recommendation, decide by resolution to reject the site plan, or proceed with the consideration of the site plan.  If the site plan is rejected, the developer shall be notified in writing of the rejection.

            1.   If the City Council resolved to proceed, a public hearing on the site plan shall be held with notice as provided for hearings to consider ordinance amendments to change the zoning district of a parcel of land.  After that hearing, which may be adjourned from time to time without further notice, the City Council shall by resolution approve or disapprove the site plan.

            2.   The developer shall within 6 months of the date of this approval enter into an agreement with the city, containing those provisions as the City Council shall deem necessary, stating the duties and obligations of the developer.  Within 2 years from the date of execution of this agreement, the developer shall record a plat of the single-family area of the development in accordance with the approved site plan.  Within 1 year from the date of that recordation, construction of the single-family area of the development shall begin.  No construction shall commence in the multiple-family area until construction of dwellings has commenced in the single-family area on 25% of the platted lots, or 20 of the lots, whichever shall be smaller.

   (E)   Area, height, and placement requirements.  Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.

   (A)   Statement of purpose.  The multiple-family residential district is designed to permit an intensive residential use of land.  Multiple-family areas shall abut upon major thoroughfares for good accessibility and may be located between single-family residential areas and other nonresidential uses.  It is intended that various sizes of residential accommodations, for ownership and rental, shall be provided to meet the needs of the community.

   (B)   Principal permitted uses.  In the RM district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:

      (1)   All principal permitted uses, and permitted uses after special approval under § 157.036(C) in the R-1A and R-1B districts subject to the terms and conditions therein;

      (2)   Multiple-family dwellings, provided that all such dwellings shall have at least 1 property line abutting a major thoroughfare.  All ingress and egress shall be directly onto the major thoroughfare;

      (3)   Two-family dwellings;

      (4)   Community garages serving the principal residential building, containing space for no more than 2 passenger vehicles for each dwelling unit in the principal building on the lot;

      (5)   Maintenance and management buildings to serve multiple dwellings;

      (6)   Private swimming pool designed and operated as an accessory use only for occupants of the main building or buildings and their personal guests in accordance with Standard Code Provisions;

      (7)   Hospitals, provided the following conditions are met:

         (a)   All such hospitals shall be developed only on sites consisting of at least 5 acres in area;

         (b)   The proposed site shall have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the off-street parking area, for guests, employees, staff, as well as any other uses of the facilities, shall be directly onto the major thoroughfare;

         (c)   In the event 1 or more boundaries of the proposed site lies opposite or contiguous of a residential district, the minimum distances between any hospital structure or accessory use and the residential district boundary shall be at least 100 feet for buildings containing 2 stories or less.  For buildings above 2 stories, the building shall be set back from the initial 100 foot setback an additional 1 foot for each foot of additional height above 2 stories;

         (d)   The minimum distance from any street line shall not be less than 40 feet for buildings containing 2 stories or less, while buildings above 2 stories, regardless of what zoning district is adjacent the proposed hospital site, shall be set back an additional 1 foot for each 5 feet of height above 2 stories;

         (e)   The minimum distance from a nonresidential lot line shall not be less than 25 feet;

         (f)   Ambulance and delivery areas shall be obscured from all residential view with a wall or barrier of suitable material at least 6 feet in height, and that wall or barrier shall be further subject to the requirements of § 157.087 of this code;

         (g)   The site plan shall show any future construction and projected maximum patient census; and

         (h)   Noise-producing activities, such as ambulance and delivery areas, shall be located not less than 500 feet from any residential area.

      (8)   Convalescent or nursing home, not to exceed a height of 2.5 stories, when the following conditions are met:

         (b)   The proposed site shall have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the off-street parking area, for guests, employees, staff, as well as any other uses of the facilities, shall be directly onto the major thoroughfare; and

         (c)   No building shall be closer than 40 feet from any property line.

      (9)   Boarding house (rooming house) not to exceed a height of 3 stories;

      (10)   Accessory buildings and uses customarily incidental to the above principal permitted uses;

      (11)   Off-street parking in accordance with the requirements of §§ 157.110et seq. of this code; and

      (12)   Zero lot line subdivisions subject to the following conditions:

         (a)   The proposed subdivision shall consist of a tract of land at least 10 acres in area;

         (b)   The application shall be endorsed unequivocally for this type of development by all the owners of the tract, and procedures and documents shall be provided to ensure development under a single administration and as approved by the City Council after recommendation from the Planning Commission;

         (c)   All developments of this nature are to be located on a site which the City Engineer has determined to have an adequate supply of public sanitary sewer and public watermain available to service the newly created needs;

         (d)   Residential densities shall not exceed 2 buildings per acre with each building containing a maximum of 4 dwelling units based upon the total gross area of the proposed subdivision including all streets and roads within the subdivision and dedicated open space;

         (e)   The developer shall dedicate not less than 10% of the total land area for parks, woodlands, conservation district, playgrounds, golf courses, tennis courts, or other open space areas, such as to encourage the preservation of natural features for public or semi-public use.  This land may be dedicated to the city or may be reserved for use of all residents in the zero lot line subdivision, in which case satisfactory arrangements shall be made, acceptable to the city, for the development, operation, and maintenance for all these areas.  Prior to conveyance of this open space, all open space shall be graded and seeded, except that portion of the open space may be preserved in a natural state subject to approval by the City Council after recommendation from the Planning Commission.

            1.   The location, extent, and purpose of areas dedicated for open space or recreational use within any subdivision shall be approved by the City Council after recommendation from the Planning Commission.

            2.   The development, operation, and maintenance of dedicated land for private open space or recreational use shall be guaranteed by a trust indenture approved by the city and shall be filed with the County Register of Deeds simultaneously with the recording of the final plat of the proposed subdivision.

         (f)   A subdivision association is to be established for the entire life of development to ensure property owners of an orderly run subdivision.  After the developer has fulfilled his or her obligations to the city, all property owners will be members of the subdivision association and each lot having 1 vote on all issues brought before it.  Items to be addressed by association are, but not limited to, the following:  obtain funds to utilize for maintenance, replacement, repair, and care of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks, common areas, and other exterior improvements.  The developer will submit format for the development of the subdivision which will be subject to the approval of the City Council after receiving recommendation from the Planning Commission and City Attorney.  Any changes or amendments to approved subdivision association declaration of covenants, conditions, and regulations must be approved by the City Council prior to adoption by the subdivision;

         (g)   The exterior of the building(s) is to be constructed of a low maintenance material, one which does not require continual painting and staining.  Suggested materials are as follows; however, the developer is not limited to these if he or she is able to convince the Planning Commission that the intent is being followed:  brick, masonry materials, aluminum products, and the like.  All exterior material is subject to Planning Commission approval;

         (h)   At time of, prior to final plat approval, the developer is to submit final building design and layout subject to approval of the Planning Commission;

         (i)   Building permits for additions or for renovations of the existing structures will be issued only through application from the subdivision architectural committee.  The architectural committee will consist of a 3-person board; a representative from the City Department of Public Works, a representative from the Board of Directors from the subdivision association, and a representative from the developer who must serve for a minimum period of 5 years.  After this time, he or she may elect to be replaced; if so, a representative from the city’s Building Board of Appeals will be chosen by the chairperson of that group;

         (j)   Ten-foot minimum access easement required to service rear yard of each dwelling unit.  The access easement shall be filed with the County Register of Deeds simultaneously with the recording of the final plat of the proposed subdivision;

         (k)   Setback requirements:

            2.   Thirty-foot rear yard;

            3.   Twenty-foot side on end dwelling units; and

            4.   Forty-foot minimum between buildings.

         (l)   Minimum lot size:  24 feet by 110 feet, or 2,640 square feet;

         (m)   Minimum frontage:  24 feet;

         (n)   Minimum living area per dwelling unit to be 1,000 square feet;

         (o)   Maximum lot coverage:  50%;

         (p)   Maximum building height to be 2.5 stories or 35 feet;

         (q)   Yearly maintenance inspection; to provide for compliance with the current adopted provisions of this ordinance and this code of ordinances and to abate all on-site deficiencies, the Department of Public Works will conduct a yearly inspection in the spring of each year.  A list of deficiencies will be compiled and submitted to the property owner(s).  A time frame of 6 months will be granted to the owners of record to complete the necessary items.  Failure to update deficiencies will result in abatement procedures;

         (r)   Performance bond required prior to issuance of permits;

         (s)   Household pets permitted as long as they remain in dwelling unit or on leash accompanied by owner; in no case shall there be exterior dog kennels or dog houses within subdivision; and

         (t)   A fenced and screened storage area to city specifications shall be provided on the site for the use of residents of the subdivision to store recreational vehicles, boats, and the like.  One storage space per dwelling unit shall be provided.  Size of the storage space shall be 10 feet by 20 feet.

   (C)   Greenbelt.  No use permitted in an RM district shall be erected or altered on any lot or area adjoining a single-family residential district unless a greenbelt in accordance with § 157.088 of dimensions and plant materials to be determined by the Planning Commission or an ornamental masonry opaque wall not less than 5 feet in height is provided along the adjoining lot line, as determined by the Planning Commission.

   (D)   Site plan review.  For all uses permitted in an RM district, other than single-family residences, but including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092 of this code.  In addition to the criteria set forth in § 157.092(G), any multiple-dwelling site plan shall also meet the following criteria:

      (1)   All site plans shall have 2 means of ingress and egress throughout the project to permit adequate circulation for safety equipment;

      (2)   In all multiple projects of over 100 dwelling units, parking shall not be allowed along the main circulation drive;

      (3)   All parking lots must be a minimum of 62 feet in width, and if through traffic is permitted through the lot, the width must be increased to 64 feet;

      (4)   All townhouse units must be constructed to permit the development of an individual outdoor paved patio area not less than 100 square feet in area;

      (5)   There shall be no more than 10 townhouses in any 1 attached row, and there shall be no more than 3 continuous, attached townhouses with the same building line;

      (6)   An apartment house shall not exceed 200 feet in length; and

      (7)   Townhouse units with attached garages may not include the space behind the garage door as part of the parking requirement.  Townhouse units with attached garages may reduce their requirement parking to 1.5 spaces per dwelling unit.

   (E)   Area, height, and placement requirements.  Area, height, and placement requirements unless otherwise specified are as provided in Appendix A, Schedule of Regulations.

   (A)   Intent.  The RM-1, multiple-family residential districts, are intended to provide opportunities for the building of low density multiple-family dwelling structures.  Generally the type of areas that would be appropriate for the zoning designation areas adjacent to major thoroughfares that have been previously subdivided into large estate type lots and may be near existing single-family residential development.  The intent is further to encourage the development of small multiple-family structures so that the scale of the buildings remain somewhat in keeping with a large single-family housing structure.

   (B)   Principal uses permitted.  In an RM-1, multiple-family residential district, no building or land shall be used and no building shall be erected except for 1 or more of the following specified uses unless otherwise provided in this ordinance:

      (2)   Single-family attached dwelling units, provided they meet the following requirements:

         (a)   The attachment is affected:

            1.   Through a common party wall which does not have over 25% of its area in common with an abutting dwelling unit wall;

            2.   By means of an architectural wall detail which does not have over 25% of its area in common with an abutting dwelling unit wall;

            3.   By means of an architectural wall detail which does not form interior room space; or

            4.   Through a common party wall in only the garage portion of adjacent structures, there being no common party wall relationship permitted through any other portion of the residential unit.

         (b)   The maximum number of dwelling units that in some degree be attached shall not exceed 4 in a cluster.

      (3)   Accessory buildings and uses customarily incident to any of the above permitted uses.

   (C)   Required conditions.

      (1)   In the case of multiple-dwelling developments, all site plans shall be submitted to the Planning Commission for its review and approval prior to the issuance of a building permit.  Approval shall be contingent upon a finding that:

         (a)   The site plan shows a proper relationship exists between local streets and any proposed service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety; and

         (b)   All the development features including the principal building or buildings and any accessory buildings, or uses, open spaces, and any service roads, driveways, and parking areas, are so located and related to minimize the possibility of any adverse effects upon adjacent property, such as, but not limited to:  channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking or service areas, or building groupings and circulation routes located so as to interfere with police or fire equipment access.

      (2)   All access to the site shall be from a major thoroughfare.

   (D)   Principal uses permitted subject to special conditions.  The following uses may be permitted subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission:

      (1)   Townhouses not to exceed 6 attached dwelling units subject to the following conditions:  All townhouse housing structures shall be so situated that access through single-family detached housing lots is avoided.  Generally, townhouses shall be restricted to arterial streets unless otherwise approved by the Planning Commission as a function of site plan approval.  Generally, townhouse structures shall be limited to the first 300 feet of depth from a major road;

      (2)   Triplex and fourplex apartment structures subject to the same conditions as subsection (D)(1) above; and

      (3)   Any configuration of dwelling units may be permitted upon approval of the Planning Commission who shall, in the review of the project, address the following conditions:

         (a)   Relationship of the proposed building to adjacent existing land use to determine scale compatibility;

         (b)   The topography of the land is such that the effect of the size and bulk of the building is not as large as it might otherwise be; and

         (c)   The Planning Commission is otherwise satisfied that the development be compatible with adjacent uses.

   (E)   Area and bulk requirement.  See Appendix A, Schedule of Regulations, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted, and providing minimum yard setback requirements.

   (F)   Maximum density.  The maximum density for residential development within this zoning classification shall be 8 units per acre.

   (A)   Statement of purpose.  The high rise multiple-family residential district is designed to permit high-rise apartment residential development.  Due to the large traffic volume generated by this type of development, this district shall abut upon a major thoroughfare, and may be utilized as a buffer between single-family residential areas and other nonresidential uses.

   (B)   Principal permitted uses.  In the HRM district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:

      (2)   High rise multiple-family residential structures subject to the following conditions:

         (a)   No structure shall exceed 10 stories or 100 feet in height;

         (b)   All dwelling units above the first story shall be served by elevators;

         (c)   The proposed site shall have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the site shall be directly from that thoroughfare;

         (d)   The entire area of the site shall be designed to serve the residents of the lot, and any accessory buildings, uses, or services shall be developed primarily for the use of residents of the lot.  Uses considered herein as accessory uses include:  parking structures, swimming pools, recreation areas, pavilions, cabanas, and other similar uses;

         (e)   All dwelling units shall have at least 1 living room and 1 bedroom, except that not more than 5% of the units may be of an efficiency type; and

         (f)   Retail or service uses shall be permitted on the site when developed clearly accessory to the multiple-family use, within the walls of the multiple-family structures, and totally obscured from any exterior view.  No identifying sign for any such business or service use shall be visible from any exterior view.  These businesses or services shall not exceed 50% of the total floor area of either the first and second floor and shall be prohibited on all floors above the second floor.

      (3)   Accessory buildings and uses customarily incidental to the above principal permitted uses; and

      (4)   Off-street parking in accordance with the requirements of §§ 157.110 et seq. of this code.

   (C)   Greenbelt.  No use permitted in an RM district shall be erected or altered on any lot or area adjoining a single-family residential district unless a greenbelt in accordance with § 157.088 of dimensions and plant materials to be determined by the Planning Commission or an ornamental masonry opaque wall not less than 5 feet in height is provided along the adjoining lot line, as determined by the Planning Commission.

   (D)   Site plan review.  For all uses permitted in a HRM district, other than single-family residences, but including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092 of this code.

   (E)   Area, height, and placement requirements.  Area, height, and placement requirements, unless otherwise specified, are provided in Appendix A, Schedule of Regulations.

   (A)   Statement of purpose.  The purpose of the mobile home park district is to encourage a suitable environment for persons and families that by preference choose to live in a mobile home rather than a conventional single-family structure.  In keeping with the occupancy characteristics of contemporary mobile homes, this section establishes low density standards and permitted uses that reflect the needs of residents in the district.  Development is limited to mobile homes when located in a subdivision designed for that purpose or a mobile home park with recreation facilities, churches, schools, and necessary public utility buildings.

   (B)   Principal permitted uses.  In the RMH district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:

      (1)   Mobile homes;

      (2)   Mobile home parks, subject to the requirements as established and regulated by M.C.L.A. §§ 125.2301 et seq., as amended, except that the same shall conform to the following requirements:

         (a)   Greenbelt.  The park shall have a greenbelt 20 feet in width at its rear and sides.  The greenbelt shall be 40 feet at the front of the mobile home park.  The greenbelt shall be measured from the nearest edge of the road right-of-way to the line of the closest mobile home site;

         (b)   Recreation.  A minimum of 15% of the total park area should be left in open space developed for recreation purposes.  This developed area shall not include roads, sidewalks, or lands under water or having excessive grades, and shall be so graded and developed as to have adequate drainage and usability by residents of the park;

         (c)   Site dimensions.  Each mobile home shall have its own home site which shall be at least 40 feet wide and a minimum of 3,600 square feet in area.  A double-wide mobile home shall have a mobile home site which shall be at least 55 feet wide and a minimum of 5,500 square feet in area;

         (d)   Setback from other mobile homes.  Mobile homes shall be at least 30 feet from the rear of the nearest mobile home and 25 feet from the side of the nearest mobile home;

         (e)   Setback from drive.  Mobile homes shall be placed at least 10 feet from the pavement of the access drive; and

         (f)   Frontage.  The mobile home park shall have a minimum of 400 feet of frontage on an existing paved road of not less than 86-foot right-of-way.

      (3)   Mobile home subdivisions, provided that minimum lot sizes and yard spaces shall be:

         (b)   Lot area:  single, 5,000 square feet; or double-wide, 7,200 square feet;

         (c)   Minimum front yard:  20 feet;

         (d)   Minimum side yard:  10 feet; and

         (e)   Minimum rear yard:  25 feet.

      (4)   Public, parochial, or private elementary, intermediate, or high schools offering courses in general education, not operated for profit;

      (5)   Churches and other facilities normally incidental thereto, subject to the following conditions:

         (a)   Unless established prior to the enactment of this ordinance, a church site shall contain an area of at least 2 acres;

         (b)   The site shall be so located as to have at least 1 property line abutting a major thoroughfare.  All ingress and egress to the site shall be directly onto the major thoroughfare; and

         (c)   Wherever the off-street parking area is adjacent to land zoned for residential purposes, a continuous and obscuring screening wall not less than 5 feet in height shall be provided along the sides of the parking area adjacent to the residentially zoned land in accordance with § 157.087 of this code.

      (6)   Public utility buildings and uses, but not including service and storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity;

      (7)   Nursery schools, day nurseries, and child care centers (not including dormitories), provided that for each child so cared for, there shall be provided and maintained a minimum of 200 square feet of outdoor play area.  This play space shall have a total minimum area of at least 1,000 square feet and shall be screened from any adjoining lot in any residential district in accordance with § 157.087;

      (8)   Temporary buildings for use incidental to construction work for a period not to exceed 1 year.  These buildings shall not be used for residences;

      (9)   Accessory uses and buildings customarily incidental to the above permitted principal uses; and

      (10)   Off-street parking in accordance with the requirements of §§ 157.110et seq. of this code.

   (C)   Site plan review.  For all uses permitted in the RMH district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092 of this code.

   (D)   Area, height, and placement requirements.  Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.

   (A)   Statement of purpose.  The R-O restricted office district is intended to permit those office and restricted business uses which will provide appropriate land uses adjacent to residential areas and which do not generate large volumes of traffic or promote traffic congestion.

   (B)   Principal permitted uses.  In the R-O district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:

      (1)   Churches, public schools, public libraries, private schools, and educational institutions;

      (2)   Nursery schools, day nurseries, or day care centers;

      (3)   Uses resulting from any of the following occupations:  executive, administrative, professional, accounting, banking, writing, clerical, stenographic, and drafting.  This shall not be construed to eliminate offices of recognized manufacturers’ agents; provided, that no display will be in an exterior show window, and the total area devoted to the display, including both the objects displayed and the floor space set aside for persons observing the displayed objects, shall not exceed 15% of the useable floor area of the establishment using the display of an actual product for sale as a sales procedure.  There shall be no outdoor storage of goods or material irrespective of whether or not they are for sale.  There shall be no warehousing or the indoor storage of goods or material beyond that normally incidental to the above permitted office type uses;

      (4)   Medical or dental clinics, not including veterinarian hospitals or any type of medical facility permitting overnight patients;

      (5)   Photography studios;

      (6)   Furriers, dressmaking, and tailoring establishments;

      (7)   Stores selling prescription drugs only;

      (8)   Accessory buildings or structures shall be prohibited;

      (10)   Local governmental court facilities.

   (C)   Site plan review.  For all uses permitted in the R-O district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.

   (D)   Area, height, and placement requirements.  Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.

   (A)   Statement of purpose.  The C-1, local business district is intended to permit retail business and service uses as needed to serve the nearby residential areas.  In order to promote these business developments so far as is possible and appropriate in each area, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke, glare, or heavy traffic.  The intent of this district is also to encourage the concentration of local business areas to the mutual advantage of both the consumers and merchants and thereby to promote the best use of land at certain strategic locations and to avoid marginal strip business development along major thoroughfares.  Local business districts are not intended as locations for planned shopping centers requiring larger sites.

   (B)   Principal permitted uses.  In the C-1 district, no uses shall be permitted unless otherwise provided in this ordinance, except the following:

      (1)   All principal permitted uses in the R-O district;

      (2)   Retail establishments for the sale of alcoholic beverages, baked goods, bicycles, books, confections, drugs, flowers, groceries, hardware, hobby equipment, jewelry, music, notions, paints, periodicals, sundry small household articles, tobacco, and similar establishments;

      (3)   Personal service establishments performing services on the premises, such as barber and beauty shops, watch, radio, television, clothing and shoe repair, tailor shops, locksmith, and similar establishments;

      (4)   Laundry or dry cleaning customer outlet, coin operated laundromats, self-serve dry cleaning centers, and the like.  Dry cleaning or laundry plants serving more than 1 customer service outlet are prohibited;

      (5)   Eating and drinking establishments when food or beverage is consumed in a completely enclosed building.  Establishments with a character of a drive-in or a open front store are prohibited;

      (6)   Carry-out restaurants;

      (7)   Public utility buildings and uses but not including storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity;

      (8)   Accessory buildings and uses customarily incidental to the above principal permitted uses;

      (9)   Accessory amusement use; and

      (10)   Off-street parking in accordance with the requirements of §§ 157.110et seq. of this code.

   (C)   Required conditions.  The following conditions are required:

      (1)   All business, service, or processing except automobile service stations shall be conducted wholly within a completely enclosed building, provided further that all lighting in connection with permitted business uses shall be so arranged so as to reflect the light away from all adjoining residence buildings or residentially zoned property; and

      (2)   All business or service establishments shall be for the purpose of dealing directly with consumers.  All goods produced or processed on the premises shall be sold at retail on the premises where produced or processed.

   (D)   Site plan review.  For all uses permitted in the C-1 district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.

   (E)   Area, height, and placement requirements.  Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.

   (A)   Statement of purpose.  The C-2, general business district is intended to permit a wider range of business and entertainment activities than those permitted in the local business district.  These uses generate a large volume of vehicular traffic, require substantial access for off-street parking and loading, and require detailed planning particularly as to relationships with adjacent residential areas.  The general business district is not intended as locations for planned shopping centers requiring large sites with unified design of buildings and parking.

   (B)   Principal permitted uses.  In the C-2 district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:

      (2)   Any retail business whose principal activity is the sale or rental of merchandise within a completely enclosed building;

      (3)   Business service establishments performing services on the premises such as office machine and typewriter repair, printing, or blue printing;

      (4)   Any service establishment of an office, showroom, or workshop nature within a completely enclosed building of a taxidermist, decorator, upholsterer, caterer, exterminator, building contractor (including electrical, glazing, heating, painting, paper hanging, plumbing, roofing, ventilating, and plastering), except outside storage yards and similar establishments that require a retail adjunct;

      (5)   Photographic film developing and processing;

      (6)   Television and radio studios and towers subject to the requirements of § 157.085;

      (7)   Other uses similar to the above, subject to the following restrictions:

         (a)   All goods produced on the premises shall be sold at retail on the premises where produced; and

         (b)   All business or servicing, except for off-street parking and loading, shall be conducted within a complete enclosed building.

      (8)   Bus passenger stations;

      (9)   Off-street parking lots;

      (10)   Accessory buildings and uses customarily incidental to the above principal permitted uses;

      (11)   Car wash establishments shall be subject to the following requirements in addition to all requirements of § 157.092, regarding site plan review:

         (a)   All ingress and egress shall be onto a primary road.  There shall be no local or residential street access;

         (b)   Vacuum cleaners if utilized shall be placed between the primary road right-of-way and the front of the building.  Vacuum canisters and hoses and all appurtenant accessories shall have an enclosure around them matching the front of the building.  The vacuum canister, hoses, and accessories shall be shielded from the roadway;

         (c)   The rear setback shall be 30 feet.  There shall be no side yard setback required unless any side of the property abuts a residentially zoned parcel; then and in that event, that setback shall be 30 feet.  Any and all 30-foot setbacks shall have a 3-foot berm landscaped with conifers and shrubs to act as a landscape buffer.  The 30-foot front setback does not require a berm but does require landscaping; and

         (d)   Rear lighting to be placed at the inward edge of 30-foot rear or side setback and shall be directed toward building.

      (12)   Convenience store and gasoline sales shall be subject to the following requirements, in addition to all requirements of § 157.092 (site plan review):

         (a)   The multi-use convenience store shall be of a minimum size of 2,000 square feet per use;

         (b)   Gasoline sales shall be in conjunction with a convenience store or restaurant use and shall not be conducted from a separate structure.  Provisions also allow fast food restaurants with or without a drive-through; all of these uses may be with or without seating; and

         (c)   The convenience store shall be of a size so as to accommodate walk-in trade and indoor beverage coolers, shall offer items normally found in convenience stores.

   (C)   Permitted uses after special approval.  The following uses may be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the City Planning Commission pursuant to § 157.177.

      (1)   Veterinary hospitals and clinics;

      (2)   Bowling alleys, skating rinks, stadium, sports areas, and other indoor recreational facilities when located at least 150 feet from any property zoned in a residential classification;

      (3)   Arcade (4 machines or more);

      (4)   Drive-in restaurants or other drive-in establishments serving food or beverage, provided that the entrance to or exit from any such use is located at least 35 feet from the intersection of any 2 streets; that all such uses shall have direct access to a major thoroughfare; that all lighting or illuminated display shall not reflect onto any adjacent residential zone; and that consideration is given to proximity of existing places of congregation of children (e.g., schools) regarding traffic safety and sanitation;

      (5)   Automobile gasoline and automobile service stations subject to the requirements of § 157.074 of this code; and

      (6)   Wholesale and warehouse establishments, other than self-storage facilities; distribution terminals; and freezer and locker facilities.

      (7)   Medical marijuana provisioning center, shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the provisioning center shall not be permitted:

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility;

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

      (8)   Medical marijuana club (also known as compassion club) , provided that the club shall not be permitted:

         (a)   Within 500 feet of any other medical ; marijuana dispensary or club;

         (b)   Within 500 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution;

         (e)   Within 1,000 feet of any public or municipal park; and

         (f)   Shall be subject to all requirements as set forth in § 157.092 of this code for site plan review.

         (a)   Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana retailer shall not be permitted within the locational limitations as follows:

            1.   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;

            2.   Within 200 feet of a residential district or use;

            3.   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

            4.   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

            5.   Within 1,000 feet of any public or municipal park.

         (b)   While subject to all other requirements of this ordinance, it is not the intention of the City of Burton to require an additional special use approval for the marijuana establishment if the Planning Commission has already approved a special use for a medical marijuana provisioning center and said provisioning center has been operating under that approval with a State of Michigan approved license.

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;

         (b)   Within 500 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

(Ord. 2017-7-157, passed 12-4-2017; Ord. 2019-10-157, passed 9-16-2019)

   (A)   Statement of purpose.  The C-3 highway business district is intended to be that district which permits extensive business uses along heavily traveled highways.  The permitted uses would require large parcels of property and would serve the general needs of all local residents.  The purpose of this zone is to provide a development pattern along designated major thoroughfares which will not create unsafe conditions by allowing numerous curb cuts along the highway.  Business conditions exist along the highway, but property depths and large acreage suggest a type of business use which required deep, large lots.  Access onto the major highway should be limited to permit more extensive use of the property without substantially contributing to traffic hazards along the highway.  The highway business district is not intended to provide for planned shopping centers.

   (B)   Principal permitted uses.  In the C-3 district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:

      (1)   All principal permitted uses in the C-2 district;

      (2)   Hotels and motels;

      (3)   Assembly halls or other places of assembly;

      (4)   New and/or used car sales rooms;

      (5)   Salesrooms for recreation vehicles, including boats, snowmobiles, travel trailers, campers, tents, and accessory equipment;

      (6)   Accessory buildings and uses customarily incidental to the above principal permitted uses; and

      (7)   Off-street parking in accordance with the requirements of §§ 157.110et seq. of this code.

   (C)   Permitted uses after special approval.  The following uses may be permitted subject to the conditions hereinafter imposed and subject to the review and approval of the City Planning Commission pursuant to § 157.177 of this code:

      (1)   All permitted uses after special approval in the C-2 district subject to the terms and conditions imposed therein;

      (2)   Automobile car wash establishments including steam-cleaning, but not rustproofing, provided off-street waiting space is provided in accordance with § 157.111;

      (3)   Open air business uses as follows, in conformance with § 157.086:

         (a)   Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment;

         (b)   Retail sale of fruits and vegetables;

         (c)   Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park, or similar recreation uses;

         (d)   Bicycle, trailer, motor vehicle, boat, or home equipment rental services;

         (e)   Outdoor display and sale of garages, swimming pools, and similar uses; and

         (f)   Outdoor sales space for sale of new and/or used automobile or of new and/or used house trailers or boats; provided that all automobiles offered for sale are in good working condition.

      (4)   Adult book stores, adult motion picture theaters, adult mini motion picture theaters;

      (5)   Physical culture establishments including gymnasiums, reducing salons, masseurs, and steam baths; and

      (6)   Hotels, motels, or public lodging houses employing facilities for the presentation of material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

   (D)   Required conditions.  Required conditions shall be in conformance with § 157.042(D).

   (E)   Site plan review.  For all uses permitted in the C-3 district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.

   (F)   Area, height, and placement requirements.  Area, height, and placement requirements unless otherwise specified are as provided in Appendix A, Schedule of Regulations.

   (A)   Statement of purpose.  The C-4, planned shopping center district is intended to provide shopping facilities to serve the city.  As such, it should permit a sufficient size site for integrated off-street parking, landscaping, and loading and be located adjacent to major thoroughfares to permit safe and efficient vehicular traffic circulations.  These districts and the traffic that the community shopping centers therein may generate must be planned so as not to cause adverse effects on adjacent residential property.  The size of the center is intended to be directly related to the quality of purchasing power available for the support of those uses permitted in this zone.  The protective standards contained in this section are intended to minimize any adverse effect of the shopping center on nearby property values and to provide for safe and efficient use of the shopping center itself.  Submission of a market analysis is intended in order to establish evidence of a need for a change in the comprehensive zoning plan for the city and to substantiate a finding that the change will promote the general welfare of the city.

   (B)   Principal permitted uses.  In the C-4 district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following (telescoping use provisions of R-O, C-1, C-2, and C-3 do not apply to this district):

      (1)   Planned shopping centers, including the following uses pursuant to the provisions of § 157.094 of this code:

         (a)   Antique shops;

         (b)   Bakeries, retail sales;

         (c)   Banking and loan institutions;

         (d)   Barber and beauty shops;

         (e)   Bicycle shops, sales and service;

         (f)   Book and stationery stores;

         (g)   Clothing and accessories, retail sales;

         (h)   Confectionary and delicatessen stores;

         (i)   Department stores;

         (j)   Drug stores;

         (k)   Dry cleaning;

         (l)   Dry goods stores;

         (m)   Electric and electronic appliances, retail sales and service;

         (n)   Fruit and vegetable stores, retail sales (when enclosed within a building);

         (o)   Florist, retail sales;

         (p)   Food markets and supermarkets;

         (q)   Furniture stores, retail sales, repair, and reupholstering;

         (r)   Hardware shops;

         (s)   Meat markets (no butchering);

         (t)   Musical instruments, sales and service;

         (u)   Novelty shops;

         (v)   Nursery stock, retail sales;

         (w)   Offices, professional and business (including sample rooms, but no warehouses);

         (x)   Optical goods, retail sales;

         (y)   Paint stores, retail sales;

         (z)   Pet shops, retail sales (when enclosed within a building);

         (bb)   Photographic supplies, retail sales;

         (cc)   Plumbing shops, retail sales and service;

         (dd)   Radio and television, retail sales and service;

         (ee)   Restaurants, without curb or drive-in service (service entirely within building);

         (ff)   Shoe repair shop;

         (gg)   Sporting goods stores, retail sales;

         (hh)   Tailor shops;

         (ii)   Theaters (indoor);

         (jj)   Wallpaper stores, retail sales;

         (kk)   Other retail uses similar to the above;

         (ll)   TBA sales (tires, batteries, and accessories); and

         (mm)   Gas stations and public garages in conjunction with shopping centers (subject to § 157.074).

      (2)   Accessory buildings and uses customarily incidental, related to, and reasonably necessary or convenient for the satisfactory and efficient operation of a complete and integrated shopping center, which use is not obnoxious or offensive to the locality by reason of the emission of odor, fumes, dust, smoke, waste, vibration, or noise, including buildings and facilities for furnishing utility services, including heat, light, water, and power; and

      (3)   Restaurants with curb or drive-in service may be located in a planned shopping center district subject to the following requirements:

         (a)   Must exist as an outbuilding, not as a portion or segment of the shopping center; and

         (b)   Subject to the provisions set forth in § 157.075 (drive-in establishment).

   (C)   Greenbelt.  A greenbelt of dimensions and materials as determined by the Planning Commission in accordance with § 157.088, but not less than 20 feet in width, shall be provided wherever any planned community shopping center abuts a residential district.

   (D)   Site plan review.  For all uses permitted in the C-4 district, a site plan shall be submitted for review and approval.  The following provisions in this subsection (D) shall apply to site plan review procedures for the C-4 district.  The procedures of this subsection shall be minimum requirements, and additional procedures may be required by this ordinance or by the Planning Commission.

      (1)   Submission of application for shopping center development.  A developer shall submit to the Planning Commission 12 copies of a sketch development plan of the shopping center, with 12 copies of the supporting data including, but not limited to, a market analysis, financial report, time schedule, traffic study, and substantiation of ownership, all of which shall be prepared by qualified professional persons.

         (a)   Sketch development plan.  Designed in accordance with the planning standards, regulations, and criteria established in this ordinance and shall show:  a unified and organized arrangement of buildings, off-street parking, internal pedestrian and vehicular circulation, and service facilities.

         (b)   Market analysis.  Shall include:

            1.   Identification of the trade area of the proposed shopping center;

            2.   Trade area population, present and future; and

            3.   Net potential customers’ buying power for stores in the proposed shopping center.

         (c)   Financial report.  To satisfy the Planning Commission as to the financial responsibility of the proponent to carry the proposal to completion in full compliance with this ordinance, shall include:

            1.   The source of construction funds;

            2.   The names of persons who have a financial interest in the shopping centers; and

            3.   Information on leasing arrangements and terms.

         (d)   Traffic study.  Shall include an estimate of traffic volume to be generated by the development and the assignment of traffic to proposed entrances and exits.

         (e)   Substantiation of ownership.  Shall include a certification of title company that the recorded owners of the property as represented on the application for shopping center development are correct.

      (2)   Referral for review and reports; sketch development plan.  Upon receipt of the sketch development plans with supporting data for the development of a shopping center, the Planning Commission shall transmit the copies to the City Fire Chief, Police Chief, Attorney, Engineer, Planning Consultant, and other individuals and agencies as deemed necessary by the Planning Commission for their review, report, and recommendation.  The Planner, city officials, and the like, shall, within 30 days from receiving a sketch development plan and supporting data, provide and furnish to the Planning Commission their reports.

         (a)   Report to Council.  Within 60 days after a sketch development plan has been filed with the Planning Commission, it shall evaluate the plan and reports from the City Planner and city officials, and shall furnish to the Council its detailed report and recommendations with respect thereto.  The report of the Planning Commission shall include a finding either that the sketch development plan and supporting data comply with the regulations, standards, and criteria prescribed by this ordinance for planned shopping centers applicable to the proposal, or a finding of any failure of compliance, and the Commission’s action that the sketch development plan is approved, disapproved or modified.  If, at any such evaluation, the Planning Commission finds that any regulations, standards, or criteria prescribed by this ordinance are inapplicable because of unusual conditions related to the shopping center, or the nature and quality of the proposed design, it may recommend to Council that an adjustment be made; provided, however, the adjustment will not be in conflict with the promotion of the public health, safety, and general welfare of the city.

         (b)   Action by Council.  The Council, at not later than its next regular meeting following receipt of the Planning Commission report, shall set a date for a public hearing on the shopping center proposal.  Following the completion of the public hearing, the Council shall then proceed to act upon the site plan review as provided in this subsection (D).

      (3)   Authority to proceed; preliminary development plan.  Following affirmative action by the Council, the Planning Commission shall notify the developer of the action and authorize him or her to proceed with the preparation of a preliminary development plan of the shopping center.

         (a)   Content.  The preliminary development plan shall contain the following:

            1.   The location, orientation, and exterior dimensions of all main and accessory buildings as set forth in Appendix A, Schedule of Regulations;

            2.   The location and dimensions of vehicular and service entrances, exits, and drives as per city site development specifications;

            3.   The location, arrangement, and dimensions of paved parking lots, of automobile parking spaces, width of aisles, width of bays, and angle of parking as per §§ 157.110et seq. of this code and the city site development specifications;

            4.   The location, arrangement, and dimensions of truck loading and unloading spaces and docks as per §§ 157.110et seq. of this code;

            5.   The location and dimensions of pedestrian entrances, exits, walks, and walkways as per §§ 157.110et seq. of this code;

            6.   Topography information at contour intervals of 2 feet or less and general on-site drainage system as per city site development specifications;

            7.   The location and dimension of all walls and fences as provided by §§ 157.087, 157.088, and 157.089;

            8.   The location, size, height, orientation, and design of all freestanding signs as per §§ 153.01et seq.;

            9.   The location of all buildings, streets, and other topographical features within 500 feet of the proposed shopping center boundary;

            10.   The location, dimensions, and arrangement of areas to be devoted to planted lawns, trees, or any other purpose as per § 157.088; and

            11.   The location and capacity of private or public water and sanitary sewerage services, storm drains, and solid waste disposal facilities serving the site.

         (b)   Action by Planning Commission.  Within not more than 30 days from the date on which the preliminary development plan is filed with the Planning Commission, the Commission shall review, approve, or disapprove the plan in writing, stating, in the case of disapproval, the reason for disapproval, and in all cases given due notice to the applicants.  In the case of disapproval, the applicant may submit to the Planning Commission an amended plan which shall include those changes made necessary to accomplish compliance with the conditions for approval stated by the Commission.

      (4)   Final development plan; shopping center district.

         (a)   A complete final development plan covering the entire shopping center district shall be prepared by the developer and filed with the Planning Commission within not more than:

            1.   One calendar year from the effective date of any ordinance designating an area a neighborhood shopping center district within the C-4 zoning classification;

            2.   Two calendar years from the effective date of any ordinance designating an area a community shopping center district within the C-4 zoning classification; or

            3.   Three calendar years from the effective date of any ordinance designating an area a regional shopping center district within the C-4 zoning classification.

         (c)   The final development plan shall be a refined version of the preliminary development plan and shall incorporate all conditions stipulated by the Planning Commission in its approval of the preliminary development plan.

         (d)   Within not more than 30 days from the date on which the final development plan is filed with the Council, the City Council shall review, approve, or disapprove the plan.  If the City Council finds that a proposed final development plan of a shopping center is in substantial compliance with, and represents a detailed expansion of the preliminary plan heretofore approved, that it complies with all of the conditions which may have been imposed in the approval of the preliminary development plan, that it is in accordance with the design criteria and provisions of this ordinance which apply particularly to any plan of a shopping center district, and that all applicable provisions of the city regulations have been complied with, the City Council shall then approve the final development plan.  Whenever more than 20 occupied residences within the city are within 1,000 feet of premises now or hereafter zoned C-4, no development or site plan relating to the premises shall be approved and no building, site, or other permits shall be issued under subsection (D)(5) below until the site plan has been first approved by an affirmative vote of the majority of the City Council members present at the meeting at which the matter is considered.

      (5)   Permits; shopping center development.  Following the approval of a final development plan of a shopping center, the Director of the Department of Public Works shall be so notified and building, site, and other permits may be so issued upon payment of the required fees as required by § 157.172.

      (6)   Amendments to final development plan; shopping center development.  If the developer of a planned shopping center in any shopping center district wishes to make any change, alteration, amendment, or extension to any approved final development plan, he or she shall submit a request to the Department of Public Works.  If, in the opinion of the Department, the requested change is in substantial compliance with the final development plan, the Department shall approve the change and notify the Department of Public Works Director or designee, who shall issue permits accordingly.

      (7)   Progressive development; shopping center development.

         (a)   A developer, having obtained approval of any final development plan of a shopping center, may accomplish the development in progressive stages as may be approved by the City Council.

         (b)   If the development of a shopping center is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and the intent of this ordinance shall be fully complied with at the completion of any stage.  Each stage of development shall be reviewed and approved by the City Council before any permits can be issued.

      (8)   Construction time limitation; shopping center development.  The permits shall be secured and construction begun in accordance with the final development plan for a shopping center district within 12 months from the date of approval of the final development plan as provided in § 157.045(D).  The Council may extend the time limit provided in this subsection for good cause.

      (9)   Performance bond; shopping center development.  A performance bond shall be required guaranteeing the completion of all public improvements on-site and in public rights-of-way required by the city before permits may be issued.  The scope of the improvements and the amount of the bond shall be determined by the Department of Public Works.

      (10)   Business area plans.

         (a)   In order to implement the Comprehensive Plan (1990 land use plan) and supplement the regulations and criteria of this ordinance, the Planning Commission may prepare area plans for the construction, completion, or rehabilitation of any business area or for coordinating the proposed development with surrounding areas.  These designs may include, but are not limited to, the Planning Commission’s recommendations on:  the use, location, bulk, and general design of buildings; the relationship of buildings to each other, yards, and other open spaces; the location and width of streets and pavements; the location, width, and control of accessways to major streets, parking, and loading area; pedestrian ways, paved areas, landscaped planting, exterior lighting, signs, street furniture, and other exterior and landscape features.

         (b)   The area plans shall be developed in accordance with the objectives of the Comprehensive Plan and criteria set forth in this subsection (D) and any other applicable provisions of the ordinance.  After the plans are duly adopted by the Planning Commission and Council, they shall be construed as being a part of this ordinance, and any new construction, additions to, or rebuilding of such a business area, or parts thereof, shall be in substantial compliance therewith.

      (11)   Sign regulations.  Signs in local business, general business, and shopping center districts shall be designed, erected, altered, moved, or maintained, in whole or in part, in accordance with the regulations as set forth in §§ 153.01et seq.

      (12)   Parking.  Parking in any district shall be in accordance with the regulations as set forth in §§ 157.110et seq. of this code (off-street parking and loading requirements).

      (13)   Yearly maintenance inspection.  To provide for compliance with the newly adopted provisions of this ordinance and this code of ordinances and to abate all on-site deficiencies, the Department of Public Works will conduct a yearly inspection in the spring of each year.  A list of deficiencies will be compiled and submitted to the property owner(s).  A time frame of 6 months will be granted to the owners of record to complete the necessary items.  Failure to update deficiencies will result in abatement procedures.

   (E)   Area, height, and placement requirements.  Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulation.

   (A)   Statement of purpose.  In the M-1 district, the intent is to permit certain industries which are of a light manufacturing character to locate in planned areas of the city.  So that these uses may be integrated with nearby land uses, such as commercial and residential uses, limitations are placed upon the degree of noise, smoke, glare, waste, and other features of industrial operations so as to avoid adverse effects.  It is further intended that these light industrial uses act as a transition between heavier industrial uses and non-industrial uses and not necessarily require railroad access or major utility facilities.  Certain commercial uses which are desirable to service the employees and visitors of the industrial uses are also permitted in this district.

   (B)   Principal permitted uses.  Any of the following uses when the manufacturing compounding or processing is conducted entirely within a completely enclosed building.  That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding, final product storage, or processing shall be totally obscured by a 6-foot masonry wall on those sides abutting any residential district:

      (1)   Wholesale and warehousing.  The sale at wholesale or warehousing of automotive equipment; dry goods and apparel; groceries and related products; raw farm products except livestock; electrical goods; hardware, plumbing, heating equipment and supplies; machinery and equipment; petroleum bulk stations and terminals; tobacco and tobacco products; paper and paper products; furniture and home furnishings, and any commodity the manufacture of which is permitted in this district; truck terminals;

      (2)   Industrial establishments.

         (a)   The assembly, fabrication, manufacture, packaging, or treatment of such products as food products (excluding butchering, animal slaughtering), candy, drugs, cosmetics and toiletries, musical instruments, optical goods, toys, novelties, electrical instruments and appliances, radio and phonographs, or pottery and figurines or other ceramic products using only previously pulverized clay.

         (b)   The assembly, fabrication, manufacture, or treatment of products from the following previously prepared materials:  bone, canvas, cellophane, cloth, cork, felt, fiber, glass, horn, leather, paper, plastics, precious or semi-precious metals or stones, sheet metal (excluding large stampings such as automobile fenders or bodies), shell, textiles, wax, wire, wood (excluding saw and planing mills), and yarns.

         (c)   Tool and die shops; metal working machine shops involving the use of grinding or cutting tools; manufacturing of tools, dies, jigs, and fixtures; publishing, printing, or forming of box, carton, and cardboard products.

         (d)   Laboratories; research or testing.

         (e)   Central dry cleaning plants and laundries.

      (3)   Public utility uses.  Electric transformer station and substation; electric transmission towers; municipal buildings and uses; gas regulator and municipal utility pumping stations; and

      (4)   Accessory buildings and uses.  Accessory buildings and uses customarily incidental to the above principal permitted uses.

      (5)   Medical marijuana provisioning center, shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the provisioning center shall not be permitted:

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

      (6)   Medical marijuana growing facility shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the grow facility shall not be permitted:

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that 1 parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

      (7)   Medical marijuana processing facility: Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the processing facility shall not be permitted:

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility. If the same applicant has 1 parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that 1 parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

      (8)   Medical marijuana safety compliance facility: Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the safety compliance facility shall not be permitted:

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility; 

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

      (9)   Medical marijuana secure transporter facility:  Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the secure transporter facility shall not be permitted:

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility; 

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

      (10)   Open air business uses as follows, in conformance with § 157.086:

         (a)   Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment;

         (b)   Retail sale of fruits and vegetables;

         (c)   Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park, or similar recreation uses;

         (d)   Bicycle, trailer, motor vehicle, boat, or home equipment rental services;

         (e)   Outdoor display and sale of garages, swimming pools, and similar uses; and

         (f)   Outdoor sales space for sale of new and/or used automobile or of new and/or used house trailers or boats; provided that all automobiles offered for sale are in good working condition.

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees;

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care of instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;

         (b)   Within 200 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;

         (b)   Within 200 feet of any residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

         (a)   Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;

         (b)   Within 500 feet of a residential district or use;

         (c)   Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;

         (d)   Within 1,000 feet of any church, house of worship or other religious facility or institution; and

         (e)   Within 1,000 feet of any public or municipal park.

   (C)   Permitted uses after special approval.  The following uses may be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the City Planning Commission pursuant to § 157.177.

      (1)   The following retail and service establishments, provided that the establishments are clearly ancillary to the permitted industrial uses and are in keeping with the intent of this district:

         (a)   Eating and drinking establishments when food or beverage is consumed within a completely enclosed building.  Establishments with a character or drive-in or open front store are prohibited;

         (b)   Barber shops;

         (c)   Truck tractor and trailer sales, rental, and repair; new automobile rental and leasing agency;

         (d)   Dog kennels;

         (e)   Motels; and

         (f)   Automobile service stations in accordance with § 157.074.

      (2)   Drive-in theaters, provided that any such site is adjacent to a major thoroughfare; that there shall be no vehicular access to any residential street; that suitable screening is provided to ensure that there shall be no highlight or other illumination directed upon any residentially zoned or developed property; and that the picture is not visible from a major thoroughfare; and that any drive-in theaters shall be located no closer than 1,000 feet to any residentially zoned or developed property.

      (3)   Industrial park, subject to the following provisions:

         (a)   Permitted uses shall include all principal permitted uses in this M-1 district;

         (b)   The minimum site size for an industrial park shall be 5 acres;

         (d)   No main or accessory building shall be situated less than 50 feet from any residential property line;

         (e)   No parking access or service area may be located less than 25 feet from any residential property line;

         (f)   Parking, loading, or service areas used by motor vehicles shall be located entirely within the boundary lines of the industrial park and shall be in accordance with §§ 157.110et seq. of this code;

         (g)   A planting strip of at least 10 feet wide shall be provided around the entire perimeter of the site except for driveways onto the public street system.  A wall or barrier of suitable material not less than 5 feet high shall be constructed along those property lines which abut a residential district;

         (h)   A landscape plan which includes the entire site shall be submitted for approval to determine compliance with screening and planting strips; and

         (i)   Lighting facilities shall be required where deemed necessary for the safety and convenience of employees and visitors.  These facilities will be arranged in a manner so as to protect abutting streets and adjacent properties from unreasonable glare or hazardous interference of any kind.

      (4)   Self-storage facilities, subject to the following:

         (a)   The minimum size of the site devoted entirely to this use shall be not less than 5 acres;

         (b)   This use shall not be directly adjacent to residentially zoned property on more than 1 side;

         (c)   All ingress and egress from the site shall be directly onto a principal arterial or major thoroughfare as designated on the city’s comprehensive development plan;

         (d)   All yard setbacks established in the M-1 district for buildings shall be complied with, except that setbacks between self-storage buildings on the same site must be at least 25 feet apart, side to side or front to rear;

         (e)   Maximum lot coverage may not exceed 40%;

         (f)   Maximum length of any self-storage building shall be 250 feet;

         (g)   No separate storage of combustible or flammable liquids, combustible fibers, or explosive materials as defined in the fire prevention code, or toxic materials, shall be permitted within the self-storage buildings or upon the premises.  A lease agreement between the lessee and lessor shall state:

            1.   No flammable, combustible, or toxic material shall be stored or used on premises; and

            2.   The property shall be subject to periodic and unannounced inspections for flammable, toxic, and other hazardous materials by city officials.

         (h)   No storage outside of the self-storage buildings shall be permitted;

         (i)   Except as provided herein, the use of the premises shall be limited to storage only and shall not be used for operating any other business, for maintaining or repairing of any vehicles, recreational equipment, or other items, or for any recreational activity, hobby, or purpose other than the storage of personal items and business items as hereinbefore set forth;

         (j)   The entire site shall be provided with fencing meeting requirements at § 157.087 and § 157.089;

         (k)   A security manager shall be permitted to reside on the premises to the extent required by this use (see § 157.068);

         (l)   All access aisles, parking areas, and walkways on the site shall be graded, drained, hard surfaced, and maintained in accordance with the standards and specifications of the city and applicable governmental agencies;

         (m)   Limited retail sales to tenants of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, and locks and chains shall be permitted on the site devoted to this use, provided the sale is conducted from the main office of the self- storage facility;

         (n)   Access to the self-storage facility premises shall be restricted to tenants only, by use of an attendant, mechanical or electronic locking device, or other entrance-control device;

         (o)   Fire hydrants and fire suppression devices shall be provided, installed, and maintained in compliance with all requirements of the Fire Department;

         (p)   No self-storage building shall exceed 15 feet in height, except that 1 office building and caretaker’s quarters may be allowed up to 25 feet; and

   (D)   Industrial performance standards.  Any use established in the M-1 district shall not be permitted to carry on any activity, operation, use of land, building, or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be the maximum permissible hazard to humans or human activity.

      (1)   Noise.  No operation or activity shall be carried out in the M-1 district which cause or create measurable noise levels exceeding the maximum sound intensity levels prescribed below, as measured on or beyond the boundary lines of the districts.

         (a)   A sound level meter and an octave band analyzer shall be used to measure the intensity and frequency of the sound or noise levels encountered.  Sounds of very short duration, which cannot be measured accurately with the sound level meter, shall be measured by an impact noise and analyzer; the measurements so obtained may be permitted to exceed the maximum levels provided in the Table 157.046A by no more than 5 decibels. 

         (b)   For the purpose of this ordinance, the following definition shall apply unless the context clearly indicates or requires a different meaning.

            IMPACT NOISES.  Those noises where peak values are more than 7 decibels higher than the values indicated on the sound level meter.

         (c)   Where street traffic noises directly adjacent to the property line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the table but may not exceed the level of the subject adjacent street traffic noises.

         (d)   In addition, sounds of an intermittent nature, or characterized by high frequencies, which the Zoning Administrator deems to be objectionable in adjacent districts, shall be controlled so as not to generate a nuisance in adjacent districts, even if the decibel measurement does not exceed that specified in the table.

 

 

 

 

      (2)   Smoke, dust, dirt, and fly ash.  The emission of smoke, dust, dirt, and fly ash shall in no manner be unclean, destructive, unhealthful, hazardous, or deleterious to the general welfare. 

         (a)   This type of emission shall be in strict conformance with all applicable state and county health laws as pertaining to air pollution and smoke abatement.

         (b)   A person shall not discharge into the atmosphere, from any single source of emission, any smoke of a density equal to, or greater than, that density described as No. 2 on the Ringlemann Chart as published by the U.S. Bureau of Mines; provided that the following exceptions to the provisions of this rule be permitted:

            1.   Smoke the shade or appearance of which is equal to but not darker than No. 2 of the Ringlemann Chart for a period or periods aggregating 4 minutes in any 30 minutes; or

            2.   Smoke the shade or appearance of which is equal to but not darker than No. 3 of the Ringlemann Chart for a period or periods aggregating 3 minutes in any 15 minutes when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.

      (3)   Glare and heat.  Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in a manner so as to be completely imperceptible from any point beyond the lot lines of the lot upon which the source of the glare or heat is located.

      (4)   Odor.  The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in the ratio of 1 volume of odorous air to 4 or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot lines, is prohibited.

         (a)   For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            IMPACT VIBRATIONS.  Discrete impulses which do not exceed 60 per minute.

            STEADY STATE VIBRATIONS.  Vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute.

         (b)   Between the hours of 8:00 p.m. and 6:00 a.m., all the maximum vibration levels below, as measured on or beyond the boundary line of residentially used areas adjacent to an M-1 district, shall be reduced to ½ the indicated permissible values.

 

 

 

 

      (6)   Fire and safety hazards.  The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all state rules and regulations, and regulations as established by the Fire Prevention Act, Public Act 207 of 1941, as amended.  Further, all storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or other types of retaining wall which will contain the total capacity of all tanks so enclosed.  Bulk storage tanks of flammable liquids below ground shall be located not closer to the property line than the greater depth to the bottom of the buried tank.

      (7)   Sewage wastes.  No industrial sewage wastes shall be discharged into sewers that will cause chemical reaction, either directly or indirectly, with the materials of the pipe or other structure construction to impair the strength or durability of sewer structures; cause mechanical action that will destroy or damage the sewer structures; cause restriction of the hydraulic capacity of sewer structures; cause placing of unusual demands on the sewage treatment equipment or process; cause limitation of the effectiveness of the sewage treatment process; or cause danger to public interest.  Specific conditions controlling sewage wastes are as follows:

         (a)   The acidity or alkalinity shall be neutralized within an average pH range of between 5.5 and 7.5 as a daily average on a volumetric basis, with a permissible temporary variation in pH of 4.50 to 10.0;

         (b)   The wastes shall contain no cyanides.  Wastes shall contain no chlorinated solvents in excess of 0.1 p.p.m.; no fluorides in excess of 10 p.p.m.; no more than 5 p.p.m. of hydrogen sulphide; and shall contain no more than 10 p.p.m. of chromates;

         (c)   The wastes shall not contain any insoluble substance in excess of 10,000 p.p.m.; exceed a daily average of 500 p.p.m.; fail to pass a No. 8 standard sieve; or have a dimension greater than 0.5 inch;

         (d)   The wastes shall not have chlorine demand greater than 15 p.p.m.;

         (e)   The wastes shall not contain phenols in excess of 0.05 p.p.m.;

         (f)   The wastes shall not contain any grease or oil or any oily substance in excess of 100 p.p.m. or a daily average of 25 p.p.m.;

         (g)   The wastes shall not contain any explosive substance; and

         (h)   The wastes shall not contain any toxic or irritating substance which will create conditions hazardous to public health and safety.

      (9)   Electromagnetic radiation.  Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this ordinance.

      (10)   Drifting and airborne matter, general.  The drifting or airborne transmission beyond the lot line of dust, particles, or debris from any open stock pile shall be unlawful and shall be summarily caused to be abated.

   (E)   Compliance with county and state regulations.  Any use permitted in the M-1 district must also comply with all applicable county and state health and pollution laws and regulations.

   (F)   Site plan review.  For all uses permitted in the M-1 district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.

   (G)   Area, height, and placement requirements.  Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.

(Ord. 2017-7-157, passed 12-4-2017; Ord. 2019-10-157, passed 9-16-2019)

   (A)   Statement of purpose. 

      (1)   The intent of the M-2 district is to permit certain industrial uses to locate in desirable areas of the city, which uses are primarily of a manufacturing, assembling, and fabricating character, including large scale or specialized industrial operations requiring good access by road or railroad, and needing special sites or public and utility services.

      (2)   Reasonable regulations apply to users in this district so as to permit the location of industries which will not cause adverse effects on residential and commercial areas in the city.

   (B)   Principal permitted uses.  In the M-2 district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:

      (1)   All principal permitted uses and permitted uses after special approval in the M-1 district subject to the terms and conditions imposed therein; and

      (2)   Industrial establishments:

         (a)   The assembly and manufacture of automobiles, automobile bodies, parts, and accessories, cigars and cigarettes, electrical fixtures, batteries, and other electrical apparatus, and hardware;

         (b)   Processing, refining, or storage of food and foodstuffs;

         (c)   Breweries, bumpshops, distilleries, machine shops, metal buffing, plastering and polishing shops, millwork lumber and planing mills, painting and sheet metal shops, undercoating and rustproofing shops, and welding shops;

         (d)   Automobile bumpshops, tire vulcanizing and recapping shops;

         (e)   Accessory buildings and uses customarily incidental to the above permitted principal uses, including living quarters of a watchperson or caretaker; and

         (f)   Any other uses similar to any of the above principal permitted uses.

   (C)   Permitted uses after special approval.  The following uses may be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the City Planning Commission pursuant to § 157.177:

      (1)   Open storage yards of construction contractor’s equipment and supplies, building materials, sand, gravel, or lumber.

         (a)   These uses shall be located at least 200 feet from any residential district.

         (b)   If it is deemed essential by the Planning Commission to prevent loose materials from blowing into adjacent properties, a fence, tarpaulin, or obscuring wall of dimensions and materials specified by the Planning Commission shall be required around the stored material.

         (c)   No required yard spaces shall be used for the storage of equipment or material.

      (2)   Junk yards; and

      (3)   Mining, excavating, or other removal of sand, earth, minerals, or other material naturally found in the earth.

   (D)   Industrial performance standards.  Any use established in the M-2 district shall not be permitted to carry on any activity or operation or use of land, building, or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be maximum permissible hazard to humans or human activity.

         (a)   A sound level meter and an octave band analyzer shall be used to measure the intensity and frequency of the sound or noise levels encountered.  Sounds of very short duration, which cannot be measured accurately with the sound level meter, shall be measured by an impact noise and analyzer; and the measurements so obtained may be permitted to exceed the maximum levels provided in the Table 157.047A by no more than 5 decibels. 

         (b)   For the purpose of this ordinance, the following definition shall apply unless the context clearly indicates or requires a different meaning.

            IMPACT NOISES.  Those noises whose peak values are more than 7 decibels higher than the values indicated on the sound level meter.

         (c)   Where street traffic noises directly adjacent to the property line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the table but may not exceed the level of the subject adjacent street traffic noises.

         (d)   In addition, sounds of an intermittent nature, or characterized by high frequencies, which the Zoning Administrator deems to be objectionable in adjacent districts, shall be controlled so as not to generate a nuisance in adjacent districts, even if the decibel measurement does not exceed that specified in the table.

 

      (2)   Other performance standards.  All other performance standards relative to smoke, dust, dirt, and fly ash; glare and heat; odor; vibration; fire and safety hazards; sewage wastes; gases; electromagnetic radiation; and drifting and airborne matter shall be in conformance with the industrial performance standards of the M-1 district as provided in § 157.046(D).

   (E)   Site plan review.  For all uses permitted in the M-2 district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.

   (F)   Area, height, and placement requirements.  Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.

   (A)   Statement of purpose.  The vehicular parking district is intended to permit the establishment of areas to be used for off-street vehicular parking of private cars, so as to service office, commercial, industrial, and institutional land uses.  This district is designed to afford maximum protection to next adjacent residential areas by providing landscaped setbacks, fences, and well-designed parking lot facilities.  It is also intended that this district act as a transitional area between office, commercial, industrial, and institutional uses, and residential areas, thereby permitting private developers as well as public agencies to provide needed off-street parking.

   (B)   Principal permitted uses.  Vehicular parking only, subject to requirements in subsection (C) below, is permitted in the P-1 district.

   (C)   Limitation of the use.  The following regulations shall apply:

      (1)   Parking areas shall be used only for parking of passenger vehicles operated by the management, the employees, customers, and guests of the enterprise doing business in the city;

      (2)   Parking may be with or without charge;

      (3)   No business involving the repair or services to vehicles, trailers, mobile homes, travel trailers, boats, or boat trailers, or sale, display, or storage of same, shall be permitted from or upon property zoned in a P-1 district;

      (4)   No building other than those for shelter of attendants shall be erected upon the premises, except as provided for in subsection (O) below.  There shall not be more than 2 buildings of this type in the area and each building of this type shall not be more than 50 square feet in area nor shall exceed 15 feet in height; and

   (D)   Location.  All P-1 districts shall be contiguous to an office, commercial, or industrial district.  In all cases, lots which are used for parking shall be the adjacent successive lots from the office, commercial, or industrial property.

   (E)   Ingress and egress.  Adequate ingress and egress shall be provided for vehicles to premises used for parking and shall be in accordance with the plan which shall be submitted in triplicate for approval in accordance with subsection (M) below.

   (F)   Surface of the parking area.  The parking area shall be provided with a pavement in accordance with § 157.112(C)(7).

   (G)   Front yard. 

      (1)   Where a P-1 district is contiguous to a residentially zoned district which has a common frontage on the same block with the P-1 district, and wherein residential structures have been erected, there shall be provided a yard space equal to the average setback of homes in the block on the same side of the street.

      (2)   Where the P-1 district is contiguous to a residentially zoned district which has a common frontage in the same block with the P-1 district and wherein residential structures have been erected having a front yard of greater than 20 feet in depth, there shall be provided a yard space equal in depth to the minimum distance of any residential structure so located, or to the minimum distance required by those restrictions, except in cases where residential structures have been erected at the rear lots.  In those cases, the yard space shall not be less than 20 feet in depth or equal to the minimum required by the private restrictions.

      (3)   Where the P-1 district lies across a street and opposite a residentially zoned district wherein the lots front upon that street, there shall be provided a yard space not less than 20 feet in depth and a protective wall as set forth in subsection (I) below.

   (H)   Side yards.

      (1)   Where a P-1 district is contiguous to side lot lines of premises in a residentially zoned district, there shall be provided a side yard not less than 10 feet in width between the side lot lines and the parking area.

      (2)   Where the P-1 district lies across a street and opposite a residentially zoned district where the side lot lines are contiguous to that street, there shall be provided a yard space not less than 10 feet in depth.

   (I)   Protective wall.  Where the P-1 district adjoins or fronts upon residentially zoned or used property, there shall be provided around the parking area between the required yard spaces and the actual parking area a wall in accordance with § 157.087 and § 157.089.

   (J)   Bumper rail.  There shall be provided a bumper rail in accordance with § 157.112(C)(4).

   (K)   Landscaping.  Wherever the wall is required, all land between the wall and the boundaries of the P-1 district shall be kept free from refuse or debris and shall be landscaped.  The landscaped area adjacent to the wall shall be planted with deciduous shrubs, evergreens, or ornamental trees.

      (1)   Fruit trees shall not be used.  Where the arrangement of planting materials will result in exposure of the walls, those walls shall be covered with ivy, spirea border, or similar plant material.  The remainder of the landscaped area which is not planted with the aforementioned stock shall be in well-kept lawn.  All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance.

      (2)   All planting plans shall be first submitted to the Zoning Administrator for approval as to suitability of planting materials and arrangement thereof in accordance with the provisions of the preceding subsection and requirements of § 157.112(C)(4).

      (3)   Where required landscaping is not sufficiently and properly maintained, the Zoning Administrator may, after 5 days’ notice has been given to the property owner as shown on the latest assessment roll, order whatever steps are necessary to suitably maintain the landscaped area and charge all of the costs plus a fee as set by the City Council, and amended by resolution from time to time to the property owner.

   (L)   Lighting.  Where lighting facilities are provided, they shall be so arranged as to reflect the light away from all residentially zoned properties which are adjacent to the P-1 district and shall be in accordance with § 157.112(C)(7).

   (M)   Approval.  All plans for the development of any P-1 district must first be approved by the Zoning Administrator before construction is started.

   (N)   Modification of requirements.  The Board of Zoning Appeals, upon application by the property owner of the parking area, may modify the yard, wall, and ingress and egress requirements where in unusual circumstances, undue hardship would be suffered or no good purposes would be served in compliance with the requirements of this section.  In all cases where such a protective wall extends to any alley which is a means of ingress or egress to a parking area, it shall be permissible to end the wall not more than 10 feet from the alley line in order to permit a wider means of access to the parking area and better visibility.

   (O)   Parking structures.  Notwithstanding requirements set forth in subsection (C)(4) above and under special conditions, parking structures may be permitted in the P-1 district subject to the following conditions:

      (1)   A site plan shall be submitted for review and approval in accordance with § 157.092 showing the proposed parking structure, ingress and egress points, relationship to adjacent properties and to the building it is planned to serve, and landscaping at a scale sufficient to permit study of all elements of the plan.  Typical elevations of the structure shall also be provided so that the exterior building material and architectural style will be in harmony with the principal building or buildings the parking structure is intended to serve and with the surrounding area; and

      (2)   Specific design standards for the parking structure and appurtenances (e.g., signs) thereto follow:

         (a)   When the parking structure is contiguous to side lot lines of a residentially zoned or used district, there shall be provided a minimum side yard of 15 feet between those side lot lines and the structure;

         (b)   The permitted height of any parking structure shall not exceed 30 feet.  For every 1 foot the parking structure exceeds 10 feet in height, the yard requirements shall be increased by 1 foot beyond the minimum 15-foot requirement in subsection (O)(2)(a) above;

         (c)   When parking is permitted on the roof of a parking structure, an ornamental wall shall be provided around the perimeter of the roof.  This wall shall be of suitable material and in harmony with the architecture of the parking structure and sufficiently opaque as to substantially conceal parked cars;

         (d)   All exterior lighting, especially that which may be provided on the roof, shall be glare- free and so arranged as to reflect away from all residentially zoned or used properties affected by the parking structure.  There shall be no lighting of elevations of a parking structure facing any residentially zoned or used property;

         (e)   Signs shall be in accordance with all related ordinances of the city; and

         (f)   Unless otherwise specified, parking structures shall observe all requirements of subsections (A) through (N) above.

   (C)   Principal permitted and special uses shall be in accordance with the following:

      (1)   All permitted and/or special uses allowed by the underlying zoning district (as designated on the zoning map) shall be permitted for that lot within the CBD. (For example, if the underlying zoning district is C-2, the uses permitted in C-2 are permitted for that lot).

      (2)   All uses shall meet the standards for the CBD district listed below in § 157.049(D) and as set forth in the Appendix A, Schedule of Regulations. The Planning Commission shall encourage and allow for zero front lot line setbacks to promote the appearance of a traditional downtown.

      (3)   Any building fronting on Saginaw Street or Bristol Road and having commercial or office on the first floor of said street frontage may contain office or residential uses on upper stories when adequate off-street parking is provided. Any non-conforming or previously approved uses other than commercial or office would require special use approval to contain residential mixed uses.

      (4)   Multi-story single family attached or townhouse (row house) buildings may be permitted as special land uses on lots that do not front along Saginaw Street or Bristol Road. Each dwelling shall comprise a single unit from the lowest floor to the highest floor of the building between common walls except that the Planning Commission may permit stacked units where the front building facade retains a traditional townhouse (row house) appearance.

      (5)   Open-air markets, outdoor restaurants, bars or cafes located on private property, temporary or permanent. This section shall not include roadside stands or food trucks which are provided for in Chapter 111 or outdoor recreational events, which are provided for in Chapter 113.

      (1)   All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building, provided that public plazas, sidewalk sales and open air markets may be permitted as an accessory use upon approval as a special land use.

      (2)   Exterior walls facing public rights-of-way, customer parking areas and adjoining property that is zoned or used for residential purposes shall have a finished appearance, using the same materials as used on the front facade of the building. Wherever possible, meter boxes, waste receptacles and mechanical equipment should not be located in the side of the building when visible from public views or when facing property zoned or used as residential.

      (3)   Ornamental lighting consistent with the established lighting system in the central business district shall be provided along public street frontages. Except for ornamental fixtures, all lighting shall be downward directed shall cut-off fixtures. Site, building and parking lot lighting shall be at a scale appropriate for the downtown and to prevent glare off-site.

      (4)   Whenever feasible parking shall be located in the side or rear yards, not in the front yard; however, parking in one front yard shall be permitted for corner lots.

      (5)   All garage doors, loading or service areas and waste receptacles shall be located in the rear yard of the lot and screened from view of any public street, adjacent residential zoning district or public property. Unless otherwise approved by the Planning Commission the screening shall consist of a fence consistent with the building, landscaping or a combination, as appropriate. The waste receptacles shall be screen in accordance with § 157.090.

      (6)   The number of access points shall be the minimum on Saginaw Street to provide reasonable access. Access points shall be designed and located to minimize conflicts with traffic operations along the street and be placed as far from intersections as practical at a minimum of 30 feet. The Planning Commission shall encourage and allow access off local streets, whenever it is feasible. The Planning Commission may require the applicant to provide a traffic impact study prepared by a qualified traffic engineer to evaluate traffic circulation and access concerns.

      (7)   Parking shall be provided for all uses in accordance with the requirements of § 157.111  except that the Planning Commission may reduce the amount of onsite parking required in the CBD by up to 50% in the following instances:

         (a)   The parking requirement may be satisfied through shared parking with an adjacent use. All uses must be located within 300 feet of the shared parking with a copy of an executed shared parking agreement provided to the city. Where uses with different peak hour parking demands, such as a restaurant and office share the same parking lot, the total cumulative parking requirement for all uses may reduce by up to 50%.

         (b)   A mixed-use development that has uses with different peak hour parking demands, such as a restaurant in an office building, may reduce the total cumulative parking requirement for all uses by up to 50%.

         (c)   The parking requirement maybe reduced by up to 50% where the applicant can demonstrate, based on supporting documentation provided by the applicant, the parking need for that particular use is less than required by this ordinance.

         (d)   Total parking requirements shall not be reduced by more than 50% even where a site satisfies more than 1 of the above criteria.

      (8)   All lawn and landscaping shall be maintained at a minimum of 6 inches, suggested height at 4 inches.

      (9)   Require maintenance of approved landscaping areas as approved through the Site Plan Review Process.

      (1)   The exterior finish material of all building facades visible from the public street, parking lot or adjacent residentially zoned land, exclusive of window areas may consist of the following: brick, cut stone, field stone, cast stone, dimensional wood with an opaque stain, fiberglass reinforced concrete, polymer plastic (fypon), or BIFS. Exterior Insulation and Finishing Systems (EIFS) materials shall not be the primary building material. The Planning Commission may permit other materials for facades that are consistent with adjoining land uses.

      (2)   Blank walls shall not face a public street. Walls facing a public street shall include windows and architectural features customarily found on the front facade of a building, such as awnings, cornice work, edge detailing or other decorative finish materials. A usable public building entrance shall be provided at the front of the building. Wall massing shall be broken up with vertical pilasters or other architectural elements to reduce scale.

      (3)   Colors shall be consistent with the majority of the established buildings. Stark or bold colors, white and similar "non-traditional" downtown colors are not permitted.

      (4)   Facades may be supplemented by awnings which shall be straight sheds or made of an opaque material; translucent awnings shall not be permitted along the front building line.

      (5)   Sites shall be designed at a pedestrian scale with relationship to the street and sidewalk. Convenient and safe pedestrian access shall be provided between the public sidewalk and the building entrance. Bicycle racks may be provided for uses expected to attract bicyclists, such as fast food restaurants, ice cream parlors and convenience food stores.

      (6)   Rear or side entrances should be provided where parking is on the side or rear of the building.

      (7)   Building height may be increased to a maximum of 50 feet for a mixed use building with retail/office in the first floor and office and/or residential use on the floors above the first floor. Parking structures incorporated into the design of a mixed use building may also warrant the aforementioned increase in building height.

      (8)   Building design, facades and materials shall be consistent and adopted by the Planning Commission.

   (F)   For buildings proposed for expansion or renovation that existed prior to the effective date of this ordinance, the Planning Commission shall determine the extent of compliance based on the existing building and site arrangement, the extent of the changes proposed and the site design elements found to be most in need of modification.

(Ord. 2018-157.049, passed 12-4-2017; Ord. 2018-8-157.049, passed 11-5-2018)