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Davison City Zoning Code

CHAPTER 1282

C-3 Commercial General Business Districts

1282.01 PURPOSE AND INTENT.

   The Commercial General Business District is designed to provide space for those types of retail and commercial uses that cater to the greater community region. Uses in this district are typically greater space users and are highly reliant on access to major thoroughfares. The intent is to permit and encourage uses that meet the greater needs of the region while still recognizing and enhancing the quality of life in the City of Davison.
(Res. 2007-02. Passed 7-11-07.)

1282.02 APPLICATION OF REGULATIONS.

   The following regulations shall apply to all C-3 Commercial General Business Districts.
(Res. 24-95. Passed 2-13-95; Res. 2007-02. Passed 7-11-07.)

1282.03 PERMITTED USES.

   No structure or part thereof shall be erected, altered or used, and no land shall be used, except for one or more of the following purposes:
   (a)   Vehicle sales, rental and service.
   (b)   Retail.
   (c)   Personal service.
   (d)   Business service.
   (e)   Indoor commercial recreation.
   (f)   Restaurants, bars and taverns.
   (g)   Medical offices.
   (h)   Animal clinics and veterinary hospitals.
   (i)   Offices.
   (j)   Gas service stations and car washes.
   (k)   Contractor establishments.
   (l)   Greenhouses.
   (m)   Motels and hotels.
   (n)   Public buildings.
   (o)   Public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulation stations with service yards, but without storage yards.
   (p)   Private or commercial schools.
   (q)   Trailer sales, service and rentals.
   (r)   Clubs.
   (s)   Carry-out, drive-in, and drive-through eating and drinking establishments.
   (t)   Day nurseries.
   (u)   Wireless communication facilities with monopole support structures less than 150 feet in height, including options for collocation and attachment to existing structures, subject to Section 1287.02(i).
(Res. 24-95. Passed 2-13-95; Res. 2007-02. Passed 7-11-07; Ord. 2010-12. Passed 9-27-10.)

1282.04 CONDITIONAL USES.

   Structures and parts thereof may be erected, altered or used, and land may be used, for one or more of the following purposes, subject to the approval of the Planning Commission, subject to the conditional use provisions of Sections 1262.02 and 1262.03, and subject to the design review provisions of Chapter 1263:
   (a)   Churches.
   (b)   Drive-in theaters.
   (c)   Hospitals, nursing/rest homes, subject to Section 1268.15.
   (d)   Radio and television stations (including transmitters, antennas and masts).
   (e)   Manufacturing and production, less than 10,000 square feet.
   (f)   Wireless communication facilities with monopole support structures 150 feet in height and higher, subject to Section 1287.03(i).
(Res. 24-95. Passed 2-13-95; Ord. 97-6. Passed 8-25-97; Res. 2007-02. Passed 7-11-07; Ord. 2010-12. Passed 9-27-10.)

1282.05 SITE AND BUILDING PLACEMENT.

   (a)   Site Placement.
      (1)   New buildings shall be so designed so as parking is not the dominant feature of the site.
      (2)   Site design should consider existing traffic patterns or ways to improve traffic patterns, including access management principles, when locating buildings.
   (b)   Lot Requirements.
      (1)   The maximum lot coverage is 60%.
      (2)   Lots shall be a minimum of 18,000 square feet.
      (3)   Lots shall be a minimum of 130 feet in width.
      (4)   All properties are required to provide pedestrian access and accommodation as follows:
         A.   A public pedestrian system, such as a sidewalk, which may also include a non-motorized pathway, as determined by the Planning Commission, shall be provided along the property where it is adjacent to the road right-of-way.
         B.   A walkway or pathway, as appropriate, shall connect the public pedestrian system to the building.
         C.   Each pedestrian component shall be constructed to the standards and specifications of the City.
      (5)   Rear yard setbacks: A minimum ten (10) foot buffer space between the parcel line and any pavement or structure is required. If the property is adjacent to a residentially zoned district, this minimum buffer space shall be increased to thirty (30) feet. Within the buffer, the following is required:
         A.   Landscaping, opaque and a minimum of five (5) feet in height at time of installation.
         B.   Opaque fencing or a wall between six (6) and eight (8) feet in height, consistent with the height provisions of Section 1288.24 may be required by the Planning Commission, in a style and color similar to the building with landscaping installed at reasonable intervals.
      (6)   Side yard setbacks: No side yard setback is required when there is a connection between adjacent parking areas when and where appropriate and otherwise the area shall be a minimum of ten (10) foot green space or buffer protected by a raised curb.
         A.   If directly adjacent to a residentially zoned district, the side yard setbacks shall be fifty (50) feet, and with landscaping, opaque and a minimum of five (5) feet in height at time of installation.
         B.   If adjacent to an outdoor gathering area or seating area or public space, the side yard adjacent to such shall be a minimum of thirty (30) feet or as otherwise determined at the time of site plan approval by the Planning Commission, but in no case shall it be less than twenty (20) feet.
(Res. 2007-02. Passed 7-11-07.)

1282.06 BUILDING ELEMENTS.

   (a)   General.
      (1)   Building facades are considered the public faces of buildings. All four (4) 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)   Walls greater than fifty (50) feet in length shall be effectively broken down through a change in surface, a change in materials or additional landscaping so as to reduce the perceived scale and mass of the wall.
      (3)   In instances where a building is located on a through lot, has, or chooses to have two (2) or more distinct facades, each facade shall be complimentary and harmonious to the street or alley on which it is placed.
      (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.   When a proposed loading dock is adjacent or within three hundred (300) feet of a residential district, the loading dock shall be designed to muffle noise, in accordance with Section 1288.27 and to visually screen the adjacent residential properties.
         C.   All screening both in terms of visual and sound shall be consistent with the architecture of the building.
   (b)   Articulation.
      (1)   Each entry shall be the primary focus of the building.
      (2)   Windows should be used in such a way as to provide visual interest to the building as a whole as well as to pedestrians.
      (3)   Large scale developments, such as strip malls and shopping centers are required to provide a facade and design that allows distinctions between individual storefronts.
   (c)   Windows and Transparency.
      (1)   Care should be taken to place windows around the perimeter of the building unless not feasible due to interior layout or use. If the installation of windows is deemed not feasible by both the developer and the Zoning Administrator, additional architectural and/or landscaping detail should be placed along said facade.
      (2)   Reflective/mirrored or smoked windows are discouraged.
   (d)   Roof Type. There is no specific type of required roof type or pitch, except that creativity and quality design is encouraged. Large scale developments, such as strip malls and shopping centers are required to provide a facade and overall design that allows distinction between and among individual storefronts.
   (e)   Materials.
      (1)   Natural materials, such as natural brick and stone, are encouraged.
      (2)   Color schemes that enhance and compliment surrounding buildings are encouraged.
      (3)   Typical corporate architecture is discouraged. An effort should be made to emphasize the existing character of the area.
   (f)   Entry.
      (1)   Entryways shall be the primary focus of all buildings.
      (2)   Functional doorways shall be included along storefronts and other developments whenever possible.
   (g)   Height. No building shall be greater than five (5) stories or sixty (60) feet in height, with fire fighting access and as approved by the fire chief.
(Res. 2007-02. Passed 7-11-07.)

1282.07 ACCESSORY PROVISIONS.

   (a)   Signs. Signs are permitted per Chapter 1292.
   (b)   Parking. Parking is required as specified in Chapter 1290, except that:
      (1)   Off-street private parking should not be the dominant feature of the site. An effort should be made to soften parking through landscaping and site design and location.
      (2)   Any change in use from what exists at the time of the adoption of this C-3 General Commercial District shall provide additional parking area as specified in Chapter 1290.
      (3)   When any change of use occurs within the C-3 General Commercial 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.
   (c)   Pedestrian Connections. Sidewalks or a multi-use path, as shown on the City's adopted plan are required with each development.
      (1)   Sidewalks along the public road, private road, entry drive or service drive shall be a minimum of five (5) feet in width and shall require the installation of a brick soldier course on both sides of the sidewalk. If the area between the soldier course and street is less than three (3) feet, the soldier course shall be extended to the road.
      (2)   A pathway shall be a minimum of eight (8) feet in width, subject to the engineering and design standards of the City. The path shall be a minimum of ten (10) feet in width where it must meet AASHTO requirements.
      (3)   A paved walk connection shall be provided from the path or sidewalk at the street to the front entry of the building. It shall be a minimum of five (5) feet wide.
      (4)   If appropriate, additional sidewalk or pathway connections may be required to connect pedestrians to and from parking areas. This walk shall be five (5) feet in width, and include the brick soldier course as outlined above; or have a width of eight (8) feet to be consistent with the City-approved pathway plan.
      (5)   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.
      (6)   At any point where a pedestrian connection crosses a driveway, the pedestrian crosswalk shall be marked by white crosswalk striping.
 
   (d)   Landscaping. All landscaping with the exception of City-owned street trees shall be well maintained and kept alive. If necessary, the City will maintain or contract out the necessary landscaping and bill back the costs of the maintenance to the property owner including an administrative fee. Landscaping shall be as required per Section 1288.22.
      (1)   If applicable, street trees shall be planted every thirty (30) feet on center for each street or entrance drive longer than thirty (30) feet.
      (2)   Street trees shall be a combination of canopy trees and ornamental flowering trees and shall alternate in their placement.
      (3)   The area between the sidewalk or pathway and the road shall be planted with lawn or low growing perennial landscaping no higher than thirty (30) inches but dense enough so that it provides for consistent visual interest. Stone, hard surface, mulch and other such similar materials are not permitted in this area. A City approved corridor landscaping plan shall supersede this requirement.
   (e)   Screening.
      (1)   All shredding bins, generators, air handling units and other such similar items shall be screened through a combination of a wall, fence and landscaping. The wall shall be consistent with the materials used in the building. If a fence is used the fence shall be opaque in nature and solid wood or vinyl, colored to blend with the building. The height of the wall or fence shall be equal to the height of the object being screened, except that it shall not be greater than seven (7) feet in height. Each shall require the installation of landscaping around the perimeter of the screening. See Section 1288.30 in regards to permitted and prohibited dumpster screening.
      (2)   All roof top mechanical equipment shall be screened and shielded.
         A.   Mechanical equipment, including but not limited lo HVAC, generators, trash compactors and other such items shall be so screened and shielded as to muffle noise.
         B.   All screening both in terms of visual and sound, shall be consistent with the architecture of the building.
(Res. 2007-02. Passed 7-11-07; Ord. 2008-01. Passed 3-10-08.)

1282.08 PERFORMANCE STANDARDS.

   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 apply to all uses within the C-3 General Commercial:
   (a)   All outdoor lighting shall be limited to twenty (20) feet in height and further subject to the provisions of Section 1288.26, excepting that when not open for business operation, lighting levels should be reduced, or dimmed by a minimum of twenty-five percent (25%).
   (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 fifty percent (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.)

1282.09 PLAN AND DESIGN REVIEW.

   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.)