(a)   The Town Center District is designed and intended to promote a blend of pedestrian accessible commercial and residential uses. The district will provide for a wide range of retail, commercial, office, civic and residential uses which may be concurrent within the same building. The Town Center District is intended to provide and promote attractive development while at the same time protecting and maintaining existing mature and/or historic areas of the community. A central characteristic of the Town Center is its focus on pedestrian activity. This activity helps to create a unique social environment where people can gather and enjoy the friendly atmosphere, attractive landscaping and greenery and a diversity of retail shops.

   (b)   The provisions of this District are intended to encourage the planned development of pedestrian amenities and open space, and closely regulate the need for direct automobile access to each establishment. Also important in the development of the Town Center is the concept of mixed-use development, which is defined as the combination of commercial and residential land uses within the same building and/or on the same lot. Since the Town Center contains a limited geographic area for expansion, the mixed-use development is an important tool for expanding both housing and shopping opportunities available in the Town Center.

(Ord. 2001-5. Passed 11-12-01.)

   Uses permitted by right in the Town Center District shall be all of the following uses, which must be conducted wholly in a permanent, fully enclosed building and shall be subject to Site Plan Review pursuant to Chapter 1296:

   (a)   One and two-family dwellings;

   (b)   Retail food establishments which supply groceries, fruits, vegetables, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Foodstuffs may be prepared or manufactured on the premises as an accessory activity if the sale of the product is limited to the local retail store;

   (c)   Restaurants, including lunch counters, dairy bars and other establishments which provide food for consumption on the premises, excluding establishments with “drive-in” facilities, outdoor dining areas and walk-up service windows;

   (d)   Other retail businesses, such as drug, variety, secondhand stores, dry goods, clothing, notions, music, book or hardware stores which supply commodities on the premises;

   (e)   Personal service establishments which perform services on the premises, such as barber or beauty shops, repair shops for shoes, radios, televisions and jewelry, and self-service laundries and photographic studios;

   (f)   Offices for professional services, such as medical professionals (doctors, dentists, osteopaths, etc.), consultants, service, sales and similar professions;

   (g)   Professional offices for architects, engineers, artists and others employed in the graphic arts field;

   (h)   Banks and other financial corporation offices, excluding establishments with “drive-in” facilities;

   (i)   Administrative offices in which the personnel will be employed in one or more of the following fields: executive, administrative, legal, writing, clerical, stenographic, accounting, insurance and similar enterprises;

   (j)   Printing, publishing, photographic reproduction, blueprinting and related trades and arts;

   (k)   Computer software development and sales and assembly of hardware computer components for sale;

   (l)   Business or instructional schools, such as accounting, typing, clerical, music, voice, or dance schools;

   (m)   Radio and television studios and broadcasting facilities, excluding transmission and receiving towers;

   (n)   Religious institutions;

   (o)   Art studios, including potters' shops, weavers, painters and creative performance.

   (p)   Family day care homes and adult foster care family homes.

(Ord. 2001-5. Passed 11-12-01; Ord. 2009-7. Passed 12-14-09.)

   Uses permitted under special condition in the Town Center District shall be all of the following uses, which must be conducted wholly in a permanent, fully enclosed building and shall be subject to Site Plan Review pursuant to Chapter 1296:

   (a)   Antique stores, provided all displays and sales are conducted within a fully enclosed building, and provided also that no stripping of antiques and/or furniture is permitted on the premises;

   (b)   Bed and breakfast facilities, provided that no more than three bedrooms are provided for guests;

   (c)   Home occupations, provided that the occupation is an approved use within the Town Center District;

   (d)   Pet shops, provided that all animals and birds are kept entirely within the building at all times;

   (e)   Public buildings, such as post offices, libraries or similar public office buildings, provided that there is no outside storage and that such public uses serve primarily persons living within adjacent residential areas;

   (f)   Fur and dry cleaning “drop off and pick up” establishments, provided that services are limited to drop off and pick up and that the actual dry cleaning takes place at a different location.

   (g)   Group day care homes and adult foster care small and large group homes, provided that the conditions described in Section 1268.04(e) are met.

(Ord. 2001-5. Passed 11-12-01; Ord. 2009-7. Passed 12-14-09.)

   Uses of land and structures permitted by special use permit in the Town Center District shall be all of the following uses. A special use permit will be issued upon application for both Site Plan Review and special use permit when both are found to be in compliance with the requirements of this Zoning Code, including parking requirements pursuant to Chapter 1288, and sign requirements of Chapter 846, through the specified procedures included hereafter.

   (a)   Multiple-family dwellings.

   (b)   Building supply and equipment stores which meet the following provisions:

      (1)   Definition: “Building supply and equipment stores” feature retail sales, as typically incidental to contractors, in which a workshop is required for successful operation, and in which the retail outlet or showroom may in fact be an accessory use, such as, but not limited to plumber, electrician, lighting fixtures, air conditioning and heating, radio and television, interior decorator, reupholstery and refinishing.

      (2)   Not more than 50% of the total usable floor area of the establishment, excluding storage areas, shall be used for servicing, repairing, manufacturing or processing activities.

   (c)   Hotels.

   (d)   Theaters, public assembly halls, concert halls, meeting rooms, clubs, lodges, or similar places of assembly.

   (e)   Parking lots and structures available to the general public.

   (f)   Recreational uses and facilities, including but not limited to video game arcades, billiard or pool parlors, spas, and health clubs.

   (g)   Restaurants with outdoor dining areas and/or walk-up service windows.

   (h)   Day care centers provided that all areas for outdoor recreation shall be fully screened with a solid fence not less than four feet in height.

   (i)   Light manufacturing facilities when combined with a retail space.

   (j)   Small engine repair facilities.

(Ord. 2001-5. Passed 11-12-01; Ord. 2003-7. Passed 1-12-04; Ord. 2009-7. Passed 12-14-09.)

   (a)   Temporary outdoor sales or outdoor display of goods and services that are sold on a regular basis from within the principal building on the same lot, if the following standards are met:

      (1)   The outdoor sales or outdoor display area shall not exceed 10% of the gross floor area of the principal building and shall be designated on an approved site plan.

      (2)   The activity shall not be located in any required front, side or rear open space and shall not interfere with pedestrian circulation.

   (b)   The Village Council may, by resolution, designate certain dates and locations as special events temporary outdoor sales areas. Said resolution shall include conditions and standards of conduct to be in force for outdoor sales and displays on private property.

(Ord. 2001-5. Passed 11-12-01; Ord. 2015-1. Passed 4-13-15.)

   The following standards apply to the Town Center District:

   (a)   Number of Structures per Lot. Only one principal structure may be established for each lot. Accessory buildings and structures are permitted, provided they are clearly incidental to, and located on the same lot as the principal structure to which they are related.

   (b)   Space Within Public Ways. No use conducted on any premises within this district shall be permitted to occupy or use space within the public roadway, or operate a business which would unreasonably restrict the use of a public street or sidewalk.

   (c)   Minimum Front Yard Depth. None.

   (d)   Minimum Rear Yard Depth. None, except if the rear yard abuts any residential district, then the minimum setback shall be 10 feet.

   (e)   Minimum Side Yard Width. None, except if the side yard abuts any residential district then the minimum setback shall be 10 feet.

   (f)   Minimum Lot Area and Width. The minimum lot area and width shall be determined on the basis of parking, loading, yard setbacks, landscape or open space requirements as set forth in this Zoning Code.

   (h)   Maximum Building and Ground Coverage. Maximum building coverage shall be 80%, and shall include the total of area of the principal building and all accessory buildings. Maximum ground coverage shall be 85%, and shall include building coverage and paving necessary for adequate vehicular circulation, including ingress and egress, of street loading and on-site parking. Ground coverage does not include facilities serving pedestrian traffic such as sidewalks, patios and plazas.

   (i)   Existing Structures. Proposed changes to existing facades which require a building permit shall be in keeping with the architectural character of the neighborhood and shall be reviewed and approved by the Zoning Administrator. Any proposed changes which change the architectural style of the building shall also be reviewed by the Planning Commission, which may reverse or affirm, wholly or partly, or may modify the Zoning Administrator's recommendations. These provisions shall apply to both principal and accessory structures.

   (j)   New Construction. The architectural style of proposed new structures, both principal and accessory, shall be in keeping with the architectural character of the neighborhood and shall be reviewed and approved as part of the Site Plan Review process by the Zoning Administrator and/or the Planning Commission according to the provisions of Chapter 1296.

   (k)   Screening for Dumpster/ Recycling Areas. All solid waste dumpsters and disposal facilities, recycling bins, and similar areas and structures located in this district shall be screened from view of passing pedestrians, passing vehicular traffic and any adjacent residential use.

   (l)   Temporary Buildings. Temporary buildings are prohibited except in the following instances:

      (1)   Those temporary buildings which are incidental to construction work, which may include “tool trailers” or “job trailers.” This would not be for on-site residence during construction, but would be an office for a larger job or a place to lock tools on-site during construction.

      (2)   Temporary buildings which serve a public or semi-public institutional use.

   (m)   Access.

      (1)   No more than one driveway approach shall be permitted per lot, including corner lots.

      (2)   Driveways shall be located, designed and constructed in compliance with the requirements of the Driveway Policy and Specifications adopted by the Village. If the site fronts on two or more streets, the driveway shall be located as far as possible from the street intersection as practical.

      (3)   All areas intended to serve vehicular traffic shall be paved with a permanent surface of concrete, asphalt or a structurally equivalent material approved by the Village Engineer.

   (n)   Lighting. Lighting from any luminaire shall be shaded, shielded or directed to prevent direct light from being distributed beyond an angle of 35 degrees from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lamps, bulbs and tubes are not permitted, except for temporary holiday lighting. Lighting shall be designed so that the illumination does not exceed 0.1 footcandles beyond the property line on which the lighting originates.

   (o)   Landscaping. A minimum of 15% of the gross site area of a development shall be devoted to permanently landscaped open spaces and pedestrian plaza areas accessible to the public. Pedestrian plaza areas shall include pedestrian walkways and may also include amenities such as decorative paving, pedestrian scale lighting, benches, trash receptacles, planters, screening walls and major architectural features at entrance ways and focal points of the development (i.e. arch, gateway, tower, fountain). All required setback areas must be landscaped. All landscaped open spaces and pedestrian plaza areas shall be maintained by the owner of the development it serves.

   (p)   General Standards. Uses in this District shall also conform to the following general standards:

      (1)   Emit no obnoxious, toxic or corrosive fumes or gases which are detrimental to the public health, safety or general welfare.

      (2)   Emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the parcel. For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 of the Ringelmann Chart and an excess of 15 smoke units per hour is prohibited.

      (3)   Produce no heat or glare to such an extent as to be detrimental to the health, safety and general welfare at or beyond the lot boundaries.

      (4)   Produce no physical vibrations to such an extent as to be determined detrimental to the health, safety and general welfare at or beyond the lot boundaries.

      (5)   Discharge no radioactive materials that exceed quantities established by the American National Standards Institute.

      (6)   Not include in the manufacturing process any production or storage of any material designed for use as an explosive, nor the use of any such material in production.

      (7)   Noise emanating from a use in this District shall not exceed 65 decibels, as measured at the lot line.

      (8)   No dust or other particulate matter created by any operation or emanating from any products stored prior or subsequent to processing shall be discharged into the air.

(Ord. 2001-5. Passed 11-12-01; Ord. 2015-1. Passed 4-13-15; Ord. 2022-02. Passed 4-11-22.)

   The Town Center parking provisions are designed to be consistent with the purpose of the District to facilitate pedestrian circulation through the District and to closely regulate the need for direct automobile access to each establishment for both pedestrian safety and general aesthetics.

   (a)   The parking space requirements of Section 1288.09 shall apply to uses in the Town Center District. However, consistent with the purpose of the District and a recognition by the Village of the need for additional, off-site parking facilities (both public and private), space requirements may be met through a combination of on- and off-site parking spaces meeting the following conditions. Adjoining lots may propose a joint use of parking areas pursuant to Section 1288.08, with paving extended to the property line.

      (1)   Parking spaces for customers or residents must be located within 500 feet of the use, as measured along probable pedestrian travel paths. Where a portion of an off-street parking lot or a contiguous series of on- street parking spaces fall within the 500-foot area, all of the spaces within the lot or the series of spaces shall be counted.

      (2)   The parking spaces must be available at all times consistent with the anticipated peak parking demands of the proposed use.

   (b)   The applicant shall submit a parking plan study demonstrating compliance with these parking standards. The parking plan study shall include existing traffic volumes passing on all streets abutting the proposed development during the peak hour, projected peak-hour generation rate and peak hours of generation for the proposed development and a statement of the total impact the projected generations will have on the existing level of service and parking as determined and certified by a registered engineer. The study shall be validated by the Planning Commission or by a consultant retained by the Planning Commission. Exceptions to this requirement will be site plans or plats that will generate less than 3 vehicle trips per unit per peak hour or 50 vehicle trips per peak hour. The generation of trips shall conform to the methods specified in the current edition of the Trip Generation Manual, a publication by the Institute of Transportation Engineers.

   (c)   Applications for a building and/or occupancy permit to expand a building or to convert or extend the use of a building which would result in an increased parking demand shall also require a parking plan study be submitted according to the provisions and exceptions listed in division (b) above.

   (d)   The off-street loading areas shall be provided as required by Section 1288.12, except that a single loading area may be shared by two or more uses which are individually required to maintain an off- street loading area. This practice is encouraged whenever such use is practical, and when all requirements for location, design and construction are met. A copy of an agreement between the joint owners of an off-street loading area shall be recorded with the Eaton County Register of Deeds and the Village Manager. Such agreements shall guarantee the long-term use and maintenance of the parking facility by each party.

(Ord. 2001-5. Passed 11-12-01.)

   Signs may be permitted as provided in Chapter 846.

(Ord. 2001-5. Passed 11-12-01; Ord. 2003-7. Passed 1-12-04.)

   (a)   Purpose. The Town Center Residential Overlay District exists as an overlay zoning district to the Town Center District in order to expand the physical area of the Town Center District beyond the limits of the existing “downtown,” and to provide appropriate site development standards for those parcels. On parcels with an existing residential structure, the Town Center Residential Overlay District is intended to permit the conversion of the structure for commercial use, provided that the residential character of the parcel is retained. By protecting the residential character of the structure and parcel, the overall impact of commercial expansion of the Town Center District into the adjacent neighborhoods will be minimized. The site development standards listed below replace those of Section 1281.06 in the Overlay Zoning District to preserve the residential character of the parcel. All other provisions of the Town Center Zoning Districts apply to the overlay zone as well.

   (b)   Site Development Standards. The following site development standards shall apply to all areas of the Town Center Residential Overlay District:

      (1)   Number of structures per lot. Only one principal structure may be established for each lot. Accessory buildings and structures are permitted provided they are clearly incidental to, and located on the same lot as the principal structure to which they are related and provided they meet the following conditions and standards:

         A.   Setback, front. Accessory buildings and structures must be located behind the rear building line of the principal building.

         B.   Setback, side. Accessory buildings and structures must have side setbacks which are greater than or equal to the minimum required for the principal structure, except where otherwise noted.

         C.   Setback, rear. Accessory buildings and structures must have a rear yard setback of at least 5 feet.

         D.   Phasing. Accessory buildings and structures shall not be erected on a lot or parcel prior to the establishment of a principal building upon the premises.

      (2)   Minimum lot area. Minimum lot area shall be 8,500 square feet.

      (3)   Minimum lot width. Minimum lot width shall be 66 feet.

      (4)   Minimum front yard depth. The front yard requirements for the Town Center Residential Overlay District shall be equal to the existing front yard of the structure. In the case of new construction, the front yard setback shall not be less than the average front yard setback of the lots which are within 180 feet and within the same block face as the lot involved.

      (5)   Minimum side yard setback. The side yard requirements for the Town Center Residential Overlay District shall be 10 feet on each side or the existing side yard of the structure, whichever is less.

      (6)   Minimum rear yard depth. The rear yard setback requirements for the Town Center Residential Overlay District shall be 40 feet or the existing rear yard of the structure, whichever is less.

      (8)   Space within public ways. No use conducted on any premises within this District shall be permitted to occupy or use space within the public roadway, or operate a business which would restrict the use of a public street or sidewalk.

      (9)   Existing residential structures. The existing residential facade shall be retained. Any proposed change to the exterior of the structure which requires a building permit shall be reviewed and approved by the Zoning Administrator. Any proposed changes which change the architectural style of the building shall also be reviewed by the Planning Commission, which may reverse or affirm, wholly or partly, or may modify the Zoning Administrator's recommendations. These provisions shall apply to both principal and accessory structures.

      (10)   Existing nonresidential structures. Proposed changes to existing nonresidential facades which require a building permit shall be in keeping with the architectural character of the neighborhood and shall be reviewed and approved by the Zoning Administrator. Any proposed changes which change the architectural style of the building shall also be reviewed by the Planning Commission, which may reverse or affirm, wholly or partly, or may modify the Zoning Administrator's recommendations. These provisions shall apply to both principal and accessory structures.

      (11)   New construction. The architectural style of proposed new principal and accessory structures shall be in keeping with the architectural character of the neighborhood and shall be reviewed and approved as part of the required review process.

      (12)   Maximum lot coverage. Maximum building coverage shall be 40% and shall include the total of areas of the principal building and all accessory buildings. Maximum ground coverage shall be 60% and shall include building coverage, solid waste disposal areas and paving necessary for adequate vehicular circulation including ingress and egress, off-street loading and on-site parking. Ground coverage does not include facilities serving pedestrian traffic such as sidewalks, patios and plazas.

      (13)   Screening for dumpster/ recycling areas. All solid waste dumpsters and disposal facilities, recycling bins, and similar areas and structures located in this District shall be screened from view of passing pedestrians, passing vehicular traffic and any adjacent residential use.

      (14)   Temporary buildings. Temporary buildings are prohibited except in the following instances:

         A.   Those temporary buildings which are incidental to construction work, which may include “tool trailers” or “job trailers.” This would not be for on-site residence during construction but would be an office for a larger job or a place to lock tools on-site during construction.

         B.   Temporary buildings which serve a public or semi-public institutional use.

      (15)   Access.

         A.   No more than one driveway approach shall be permitted per lot, including corner lots.

         B.   Driveways shall be located, designed and constructed in compliance with the requirements of the Driveway Policy and Specifications adopted by the Village. If the site fronts on two or more streets, the driveway shall be located as far as possible from the street intersection as practical.

         C.   All areas intended to serve vehicular traffic shall be paved with a permanent surface of concrete, asphalt or a structurally equivalent material approved by the Village Engineer.

      (16)   Lighting. Lighting from any luminaire shall be shaded, shielded or directed to prevent direct light from being distributed beyond an angle of 35 degrees from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lamps, bulbs and tubes are not permitted, except for temporary holiday lighting. Lighting shall be designed so that the illumination does not exceed 0.1 footcandles beyond the property line on which the lighting originates.

      (17)   Landscaping. A minimum of 40% of the gross site area of a development shall be devoted to permanently landscaped open spaces and pedestrian plaza areas accessible to the public. Pedestrian plaza areas shall include pedestrian walkways and may also include amenities such as decorative paving, pedestrian scale lighting, benches, trash receptacles, planters, screening walls and major architectural features at entrance ways and focal points of the development (i.e. arch, gateway, tower, fountain). All required setback areas must be landscaped. All landscaped open spaces and pedestrian plaza areas shall be maintained by the owner of the development it serves.

      (18)   General standards. Uses in this District shall also conform to the following general standards:

         A.   Emit no obnoxious, toxic or corrosive fumes or gases which are detrimental to the public health, safety or general welfare.

         B.   Emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the parcel. For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 of the Ringelmann Chart and an excess of 15 smoke units per hour is prohibited.

         C.   Produce no heat or glare to such an extent to be detrimental to the health, safety and general welfare at or beyond the lot boundaries.

         D.   Produce no physical vibrations to such an extent to be determined detrimental to the health, safety and general welfare at or beyond the lot boundaries.

         E.   Discharge no radioactive materials that exceed quantities established by the American National Standards Institute.

         F.   Not include in the manufacturing process any production or storage of any material designed for use as an explosive, nor the use of any such material in production.

         G.   Noise emanating from a use in this District shall not exceed 65 decibels, as measured at the lot line.

         H.   No dust or other particulate matter created by any operation or emanating from any products stored prior or subsequent to processing shall be discharged into the air.

(Ord. 2001-5. Passed 11-12-01; Ord. 2015-1. Passed 4-13-15; Ord. 2022-02. Passed 4-11-22.)