The Commercial Central Business District is designed to preserve and strengthen the City's traditional downtown area. This area is intended to provide opportunities for residents of the City and the surrounding areas to park and reasonably walk to and from different destinations. The intent is to permit and encourage a mix of uses, allowing for more activity within an area than traditional working hours, providing a more stable and dynamic environment for the City.

(Res. 2007-02. Passed 7-11-07.)

   The following regulations shall apply in the C-1 Commercial Central Business District.

(Res. 2007-02. Passed 7-11-07.)

   No structure or part thereof shall be erected, altered or used, and no land shall be used, except for one (1) or more of the following purposes, with 8,000 square feet gross floor area or less:

   Retail space

   Offices

   Commercial recreation (indoor)

   Financial institutions

   Personal services

   Restaurants, taverns and pubs, excluding drive thru facilities

   Galleries, museums and studios

   Residential uses, on the upper floors of two (2) or more storied buildings

   School of special instruction

(Res. 2007-02. Passed 7-11-07.)

   Structures and parts thereof may be erected, altered or used, and land may be used, for one (1) or more of the following purposes, subject to the approval of the Planning Commission and subject to the conditional use provisions of Chapter 1262 and the design review provisions of Chapter 1263:

   Any use permitted by right but greater than 8,000 square feet gross floor area

   Religious institutions

   Clubs or gathering places

   Convenience store

   Day care centers

   Medical facilities

   Public buildings

   Hotels

   Multiple family housing or stand alone apartment buildings

   Schools (private, public, business or trade school)

   Funeral homes and mortuaries

(Res. 2007-02. Passed 7-11-07.)

         A.   For all new buildings or additions to the front or street side of existing buildings located on Main Street, from Mill Street to Third Street, to the front or street side of existing buildings fifty percent (50%) of the front or street side facade area of the first floor, or first and second floors in buildings with more than one (1) floor shall extend to within five (5) feet of the street right-of-way line so that the building visually reinforces the building facade line of the street. The building may be set back from the front or street side property line when specifically approved by the Planning Commission so as to accommodate shop entrances, arcades, plazas, sidewalk cafes, other approved design amenities or landscaping.

         B.   For all new buildings or additions to the front or street side of existing buildings located on Main Street, from Third Street to Flint Street shall be located at an eight (8) foot front yard setback or in accordance with the established building line.

         C.   Corner lots should place the building at both street fronts.

         D.   Buildings located on parcels which have double frontage or through-lots shall be located so that the building fronts the primary street.

      (2)   Off-street private parking shall not be the dominant feature of the site. Off-street parking is not permitted within ten (10) feet of the established building line.

      (1)   There is no maximum lot coverage.

      (2)   There is no minimum lot size.

      (3)   There is no minimum lot width.

      (4)   All properties are required to provide pedestrian access and accommodation as follows:

         A.   The building front (a through lot shall be considered to have two (2) building fronts) shall provide a minimum of ten (10) feet of pedestrian space, with six (6) feet used for pedestrian movement and the remaining four (4) feet used for street furniture; contingent upon approval by City Council.

      (5)   No rear or sideyard setback is required except when adjacent to a residential district. The side and rear yard of a nonresidential use which abuts a residential district shall be landscaped to provide a visual screen between districts. The extent of the screening shall be based on the distance between the parking area and/or the building to the property line, with the exception that the Planning Commission may require additional screening from parking areas and headlights if trespass by lighting or vehicle headlights is a concern:

         A.   Fifty (50) feet or more from building and/or parking area to the nearest residential property line, a buffer of maintained and seeded lawn is required along with one (1) tree or two (2) shrubs for each thirty (30) lineal feet.

         B.   Thirty (30) feet but less than fifty (50) feet from building and/or parking area to the nearest residential property line, a buffer of maintained and seeded lawn or ground cover with three (3) foot tall with a slope no greater than three to one (3:1) with two (2) trees or four (4) shrubs installed within said buffer for each thirty (30) lineal feet.

         C.   Fifteen (15) feet but less than thirty (30) feet from building and/or parking area to the nearest residential property line, an opaque fence six (6) feet in height with one (1) tree or two (2) shrubs shall be planted every thirty (30) lineal feet.

         D.   A minimum of five (5) feet but less than fifteen (15) feet from building and/or parking area to the nearest residential property line, a buffer screen no less than five (5) feet in width and six (6) feet in height shall be established, consisting of tree plantings, hedges, and an opaque fence or wall that is consistent with the materials and colors used on site.

(Res. 2007-02. Passed 7-11-07.)

      (1)   Building facades are considered the public faces of buildings. All exposed sides of the building must be addressed with materials that are similar in color and texture and that are complimentary to the overall design of the structure.

      (2)   In instances where a building located on a through lot has or chooses to have two or more distinct facades, each facade shall be complimentary and harmonious to the street or alley on which it is placed.

      (3)   Building owners are encouraged to place planters and window boxes with flowers or approved climbing vines within 12 inches of the building facade.

      (4)   All mechanical equipment, including roof top equipment, shall be screened from view.

         A.   Mechanical equipment, including but not limited to HVAC, generators, trash compactors and other such items shall be so screened and shielded as to muffle noise; in accordance with Section 1288.27.

         B.   All screening both in terms of visual and sound shall be consistent with the architecture of the building.

      (1)   Each entry shall be the primary focus of the building. A minimum of 60% of each building street face shall be transparent on the first floor. Deviation from this minimum percentage may be permitted provided additional architectural elements, landscaping and other such details are incorporated into the site in lieu of transparency as approved by the Planning Commission.

      (2)   An emphasis should be placed on corners of the buildings and articulation of these areas as a way to "break down" the building so that it is pedestrian friendly.

      (3)   Windows should be used in such a way as to provide visual interest to the building as a whole as well as to pedestrians. Banding of windows on second floors is encouraged.

      (1)   Natural materials and traditional materials, including natural brick, architectural block stone (including cast stone), wood and stucco should be used as the primary building facade materials. Tile, stone, glass block, copper flashing, metal, and wood should be considered for accent materials.

      (2)   Preferred is a high level of design and architectural detail.

      (1)   Entryways shall be the primary focus of all buildings.

      (2)   At rear entrances the primary materials should be used in a way that highlights the entrance.

      (1)   Buildings are encouraged to have a minimum height of 24 feet in the C-1 Commercial District. Minimum buildings height shall be harmonious in height with adjacent structures.

      (2)   No building shall be greater than five stories.

(Res. 2007-02. Passed 7-11-07.)

      (1)   Canopies are permitted to extend over the storefront. Canopies are further subject to standards in Chapter 1292.

      (2)   Signs that reflect the nature and uniqueness of the development are encouraged.

      (1)   No off-street private parking is permitted within ten feet of the established building line.

      (2)   Parking may be public or private and shall be located within six hundred (600) feet of the proposed use.

      (3)   Mixed uses in one (1) building shall be the sum of the uses, reduced by twenty percent (20%) regarding parking requirements.

      (4)   Any change in use from what exists at the time of the adoption of this Zoning Code C-1 Commercial Central Business District shall provide additional parking area as specified in Chapter 1290.

      (5)   When any change of use occurs within the C-1 Commercial Central Business District which would require an increase in parking area over that required by the previous use, additional parking equal to the difference between the two (2) requirements shall be provided.

      (6)   With the concurrence of the Planning Commission and Council, a cash payment equivalent in value to the cost of the land required, plus necessary improvements thereto for parking purposes, may be made to the City's Off-Street Parking Fund. Council may accept real property of equivalent value in lieu of cash.

(Res. 24-95. Passed 2-13-95.)

      (1)   When located on Main Street between Mill Street and Third Street, sidewalks shall be a minimum of ten (10) feet in width at the store front, providing for six (6) feet of pedestrian movement and four (4) feet of area for street furniture; and other business use during business hours subject to approval by City Council unless existing right-of-way or other existing conditions prevent such width. A brick soldier course shall be installed on the street side of the sidewalk.

         A.   All sidewalks shall require the installation of a brick soldier course on the street side of the sidewalk. The soldier course must be stamped concrete in a pattern and color approved by the City. If the area between the soldier course and street is less than three (3) feet, the color stamped concrete shall be extended to the road in a fashion consistent with the City's adopted Streetscape Plan for the area.

         B.   If appropriate, as deemed by the Planning Commission, additional sidewalk or pathway connections may be required to connect pedestrians to and from parking areas. This sidewalk shall be five (5) feet in width, and include a brick soldier course on both sides of the walk.

      (2)   When located on Main Street between Third Street and Flint Street, sidewalks shall be a minimum of five (5) feet in width at the storefront.

         A.   All sidewalks shall require the installation of a brick soldier course on both sides of the sidewalk. The soldier course may be stamped concrete in a pattern and color approved by the City. If the area between the soldier course and street is less than three (3) feet, the soldier course shall be extended to the road in a fashion consistent with the City's adopted Streetscape Plan for the area.

         B.   If appropriate, additional sidewalk or pathway connections may be required to connect pedestrians to and from parking areas. This sidewalk shall be five (5) feet in width, and include a brick soldier course on both sides of the walk.

      (3)   At any point where a pedestrian pathway or sidewalk crosses an entry/exit driveway, a stamped concrete or stamped bituminous crosswalk is required. The crosswalk shall also include reflective white lines outlining the stamped area. The crosswalk shall be a pattern and color approved by the City.

      (4)   At any point where a pedestrian connection crosses a driveway, the pedestrian crosswalk shall be marked by white crosswalk striping.

      (1)   Street trees shall be planted every 30 feet on center for each street or entrance drive longer than 30 feet. All street trees are subject to the site vision clearance of Section 1288.22(c)(7).

      (2)   Street trees shall be a combination of deciduous canopy trees and ornamental flowering trees and shall alternate in their placement. Refer to Section 1288.23 for permitted and prohibited species.

      (3)   Tree grates are required for trees planted along M-15 or Main Street.

      (4)   In developments where there is plantable area between the sidewalk and road, low growing perennial landscaping is required. Plants, shrubs and grasses shall be chosen so that it is no higher than 30 inches but dense enough so that it provides for consistent visual interest. A City-approved corridor landscaping plan shall supersede this requirement.

      (5)   Development incentives: A development installing street trees that provides underground electricity to the street trees for the purposes of providing seasonal lights may reduce required parking lot landscaping by 20%.

(Res. 2007-02. Passed 7-11-07; Ord. 2010-13. Passed 10-21-10; Ord. 1280.07. Passed 12-8-14.)

   In order to permit a wide range of uses and provide for creativity and flexibility for developers and the City, while still preserving the character and identity of Davison, the following performance standards shall apply to all uses within the C-1 Commercial District:

   (a)   All outdoor lighting shall be limited to 15 feet in height when located 300 feet from a residentially zoned district and further subject to the provisions of Section 1288.26.

   (b)   Dumpster unloading, parking lot cleaning, and similar building or site maintenance shall not take place before 7:00 a.m. nor after 10:00 p.m., excepting that snow plowing is permitted during all hours.

   (c)   No use is permitted which creates a noise level greater than which is allowed in Section 1288.27 when measured from the nearest residential property line. The Planning Commission may require details of operation and a map showing the areas affected by potential noise.

   (d)   No use is permitted which emits smoke, soot or noxious fumes or odors excepting smoke or odors which are typically associated with restaurants and food service establishments.

   (e)   Emergency road and utility repairs, road cleaning, snow plowing and other such similar work conducted by the City and/or its agents operated within the road or road right-of-way shall be exempt from these standards. Additionally, sirens used by public safety agencies are exempt as well.

   (f)   Any use that evolves into a nuisance, resulting in police, fire or other such calls that exceeds by 50% similar uses in the City, the property owner/operator shall be issued a notice of violation and a public hearing will be scheduled. The purpose of the public hearing is to establish a timeframe and plan for improvement. If improvement is not made, a civil infraction shall be issued.

(Res. 2007-02. Passed 7-11-07.)

   All proposed structures or uses of land or structures shall be subject to the site plan review provisions of Chapter 1262 and the design review provisions of Chapter 1263.

(Res. 24-95. Passed 2-13-95; Res. 2007-02. Passed 7-11-07.)