Sec. 5D.01. The Mixed Use District is established to provide an area where both light industrial uses as well as wholesale, retail, service, and office uses are appropriate due to the visibility and access provided by the US 131 freeway. The Dorr Township Master Plan recommends a number of areas parallel to U.S. 131 for Mixed Use. These areas would provide desirable exposure to freeway traffic for a range of commercial uses while providing easy access for industrial uses via the interchange at 142nd Avenue. The intent of this district is to allow a variety of uses, as may be desired by the marketplace, to function within a defined area with regulations designed to create a positive business image. The regulations contained in this district are intended to ensure that uses are situated and designed so they are attractive and orderly in appearance as viewed from US 131 and are compatible in appearance and function with other uses allowed in this district.

(Ord. No. 03-14O, 12-22-2014)

Sec. 5D.02. A Mixed Use zoning district may be approved by the Township Board in any location which is recommended for Mixed Use by the Dorr Township Master Plan in accordance with the regulations of this Chapter, provided that the land proposed for rezoning to Mixed Use shall have the required minimum frontage of 100 feet on a paved public road, and be served by public water and/or sanitary sewer. The required minimum frontage does not include land adjacent to the US 131 freeway.

(Ord. No. 03-14O, 12-22-2014)

Sec. 5D.03. Land and/or buildings in the Mixed Use District may be utilized for the following uses, or a combination of the following uses, subject to the site plan review requirements of Chapter 14A herein:

(a)

Any use allowed in the I Industrial Zoning District, except those uses permitted by Special Use Permit unless such use or uses are specifically allowed by Section 5D.04 herein.

(b)

Any use permitted in the E Commercial District except those uses permitted by Section 11.02(a).

(c)

Uses permitted by Special Use Permit in the E District are permitted in the MX District, except special controlled uses (Adult Entertainment Businesses) regulated by Section 300.536, Section 11.06 herein.

(d)

Indoor and outdoor recreation facilities which by their nature can attract a large number of users or which operate in a manner which can negatively affect nearby properties. Such uses include, but are not limited to, bowling alleys, movie theaters, miniature golf courses and go-cart tracks.

(e)

The repair or assembly of products sold by a permitted use in this district provided it does not constitute the principal use and all such work is performed inside.

(f)

Health and physical fitness establishments.

(g)

Gas station/convenience stores.

(h)

Motor vehicle service stations and gas service stations which perform such services as tire sales and installation; oil changes; brake, shocks and exhaust work; engine analysis and tune-ups; front end alignments; heating and air conditioning repair and similar minor vehicle repair services. All such services shall take place within an enclosed building and no materials or parts shall be kept outdoors except as otherwise permitted by this Chapter. Limited outdoor repair of vehicles is permitted provided such activities do not create a nuisance to adjacent properties.

(i)

Mini warehouses and self-storage buildings.

(j)

Shops or stores for carrying on the trade of electricians, decorators, painters, upholsterers, photographers, similar artisans.

(k)

Indoor recreation establishments such as video arcades and video gaming establishments, indoor rock climbing and athletic fields, skating rinks and pool and billiards establishments.

(l)

Establishments for the repair of small engines, appliances and similar equipment.

(m)

The wholesale or retail manufacture, sale, leasing, or distribution of the following:

(1)

Temporary mobile storage units (pods) and temporary refuse collection units.

(2)

Farm, lawn, and garden products including fencing, equipment, picnic and patio furniture, and landscaping products.

(3)

Indoor and outdoor recreation and play equipment including basket-ball hoops, play structures, swimming pools, and hot tubs.

(4)

Boating products and equipment including boat cradles, paddleboats, canoes, kayaks, pontoons, and motorized watercraft.

(5)

Signs.

(6)

Concrete fences and walls, and walls and fences of similar material.

(7)

Utility trailers, animal trailers, and similar trailers.

(8)

Metal fabrication.

(9)

Golf carts and off-road vehicles.

(10)

Granite or marble or similar products or raw materials.

(n)

Uses and structures customarily incidental and accessory to the principal use.

(o)

Essential public service equipment.

(p)

Other uses which are determined by the Planning Commission to be similar in nature and operation to the above uses.

(Ord. No. 03-14O, 12-22-2014)

Sec. 5D.04.

(a)

Outdoor Display and Sale of Items as regulated by Section 5D.07 [300.290B.07].

(b)

Salvage yards and recycling facilities including the repair, re-furbishment and sale of salvaged materials including vehicles.

(c)

Wholesale distribution and display of landscaping products such as mulch, woodchips, sod, dirt, and plant material and yard accessories.

(d)

Display, filling, sale and distribution of propane tanks.

(e)

Asphalt, concrete or similar refining and manufacturing.

(Ord. No. 03-14O, 12-22-2014; Ord. No. 08-19O, Art. I, 9-26-2019)

Sec. 5D.05. Buildings and structures shall not be erected or enlarged in the Mixed Use PUD District unless the following requirements are met and maintained:

(a)

Minimum lot size. Any site zoned for MX shall not be less than 15,000 square feet with 100 feet of lot width at the front lot line.

(b)

Front yard. Each lot or parcel shall have a minimum front yard of 50 feet from each road right-of-way line which abuts the lot or parcel including the U.S. 131 right-of-way.

(c)

Side yard. The minimum side yard requirement shall be 25 feet where a Mixed Use District abuts an A, B, RE, or RA District. No side yard shall be required where a Mixed Use District abuts a zoning district other than A, B, RA or RE. Where no side yard is required, and where building to the side lot line is not desired, a minimum yard of more than 10 feet shall be required.

(d)

Rear yard. A rear yard shall not be less than 25 feet except that if the rear lot line abuts an A, B, RE, or RA Zoning District the rear yard shall not be less than 50 feet.

(e)

Maximum building height. Building and structures shall not exceed a height of 45 feet or three stories above grade, whichever is less except as provided by Section 4.12 [300.202]. However, in the case where a third story is occupied by human activity, the Township Board may approve a height of 45 feet or three stories only upon written recommendation by the Fire Chief.

(f)

Landscaping. Landscaping as required by Section 4.41 [300.231] shall be provided. For purposes of application of the landscaping requirements, an MX District shall be considered the same as a Commercial or Industrial zone.

(g)

Access Roads. Uses within the MX District shall provide vehicular cross-access between adjacent MX Districts, and between MX Districts and adjacent Industrial Districts via an access drive, private road, or new public road insofar as practical. The location of future access to undeveloped adjacent parcels that are master planned for Mixed Use or Industrial land use shall be provided on the MX site plan.

(h)

Application of District Regulations. The District Regulations of Section 5D.05 [300.290B.05] shall apply to all MX projects unless justification satisfactory to the Planning Commission for modifying a particular standard is submitted by the applicant. In determining the appropriate regulations, the Planning Commission shall consider the following:

(1)

The nature of existing and future land uses adjacent to and near the site.

(2)

Whether or not the modification of the regulation requested will result in a project which better satisfies the purposes of the MX Zone.

(3)

Whether or not the modification of the regulation requested will have an adverse impact on nearby properties and uses.

(4)

Whether or not the modification of the regulation requested will result in the preservation of a significant natural feature on the site such as trees, wetlands, swales, or steep slopes.

(5)

Whether or not the modification of the regulation requested is necessary due to the topography or other unique characteristic of the site.

(6)

Whether or not the modification of the regulation requested will impede or improve access for fire, police, and emergency vehicles.

(Ord. No. 03-14O, 12-22-2014)

Sec. 5D.06. The following development standards are designed to mitigate negative impacts on nearby properties and to enhance a positive business image and shall apply to all uses in the Mixed Use District:

(a)

Any material which is stored or kept outside and which faces or abuts an A, B, RE or RA zone or public street, except as permitted by Section 50.07 [300.290B.07], shall be screened by a solid fence or wall or comparable landscaping or berm at least six feet in height and no material shall be stacked higher than the screen. Outdoor storage areas shall not be located in any front yard including the area between the building and the U.S. 131 right-of-way.

(b)

Industrial equipment on a site, including trucks, shall not be operated in a manner such that it produces noise above 75 decibels when measured at the nearest occupied residential dwelling unit.

(c)

Any use permitted shall not create a vibration which is discernible to off-site residents or occupants.

(d)

Dumpsters shall not be located within the front yard including the yard adjacent to the US 131 right-of-way and shall be screened by a six-foot high wall or fence.

(e)

All business shall be conducted in such a manner that any noise, smoke, dust, vibration, or like nuisance shall not adversely affect adjoining properties.

(f)

Structure facade. At least eighty percent (80%) of that portion of a structure or building, be it a front, side, or rear, which faces a public or private street, including US 131, shall be finished with face brick, wood, glass, stone, or fluted cement block, or stucco-like material, or a combination of these materials. The use of composite wood and particle board material is prohibited. In recognition of developing technologies in building materials, the Planning Commission may agree to approve other materials provided that they are compatible with surrounding properties, and further provided that such materials meet appropriate architectural, aesthetic, and safety concerns as may be provided for in any duly adopted Ordinances and/or Building and Fire Codes.

(g)

Outdoor lights, whether on a pole or mounted on a building shall not be higher than 35 feet above grade and shall have a cut-off fixture with a maximum light source of 400 watts. The Planning Commission may modify these requirements for display lighting, building lighting or security lighting provided such lighting does not create a nuisance or glare for drivers on adjacent roadways or for residents on nearby properties.

(h)

Pedestrian walkways shall be included and shall be designed to ensure that pedestrians can walk safely and easily throughout the site.

(i)

Buildings, roadways, and open space areas shall be designed to minimize the alteration of environmental site features.

(Ord. No. 03-14O, 12-22-2014)

Sec. 50.07. Outdoor display of items for sale, lease, or distribution which are manufactured, repaired, serviced, or distributed by a use permitted by Section 5D.03 [300.290B.03]. Other items which are not manufactured, repaired, serviced, or distributed by the permitted use but are similar to such items may be displayed outdoors and sold on a limited basis if approved by the Planning Commission as a special land use. In addition to the provisions for all Special Uses contained in this ordinance, outdoor display shall only be approved if the Planning Commission finds:

(a)

All items displayed are kept in an orderly and aesthetically pleasing manner, and are not kept outdoors for storage purposes only.

(b)

Outdoor display of items shall in no case be permitted in a public or private road right-of-way, nor in any location that may impede access by emergency vehicles.

(c)

The outdoor display does not violate the sign regulations of Dorr Township. The decision to permit lettering on the outdoor display of items and the height of the outdoor display shall be at the discretion of the Planning Commission.

(Ord. No. 03-14O, 12-22-2014)

Sec. 5D.08.

(a)

Landscaping shall be provided as required by Section 4.41 [300.231] herein.

(b)

A site plan shall be required for all uses according to the requirements of Chapter 14A [300.630] herein.

(c)

Off-street parking shall be provided in accordance with the requirements of Chapter 15[300.720] herein.

(Ord. No. 03-14O, 12-22-2014)

Sec. 5D.09. Those Mixed Use Planned Unit Developments that were given Final PUD Site Plan approval prior to December 22, 2014, and which all or only part of the PUD existed as of the effective date of this Ordinance shall be considered to be conforming uses and shall continue to be regulated by the conditions and the final site plan previously approved for the particular MXPUD.

A minor or major change to an existing MXPUD shall be subject to the procedures and requirements as set forth in Section 5A.06 [300.290B.06] herein except that a major change shall only require site plan approval by the Planning Commission and shall be subject to the public hearing requirements of this Ordinance and the applicable requirement of this Chapter VD.

(Ord. No. 03-14O, 12-22-2014)