Due to the blighting effects of land use restrictions in business, office and industrial districts, no property owner shall, after the effective date of this ordinance, by deed or otherwise, restrict a subsequent use of the property by a new owner to prohibit, impair or restrict the new owner from using the property in accordance with any permitted uses authorized in this article. Any such restriction imposed after the effective date of this provision is hereby declared to be null and void as a violation of public policy. This provision does not apply to conservation easements, property owned by churches or other religious institutions or organizations recognized as tax exempt by the Internal Revenue Service.

(Ord. No. 1386, 3-7-2017)

(a)

The purposes of this section are to require the development of dwelling units in business, office, and industrial districts that are visitable, usable, and safe for occupancy by persons with disabilities and to accommodate a wide range of individual preferences and functional abilities while not significantly impacting housing costs and affordability.

(b)

The requirements of sections 50-362 through 50-365 shall apply to the new construction of all multifamily residential dwellings in all residential and mixed-use development projects in the city's business, office, and industrial districts constructed under the Michigan Building Code and to townhouse and duplex development projects with greater than ten dwelling units constructed under the Michigan Residential Code, in the aggregate of all phases.

(Ord. No. 1460, 8-13-2019)

The B-1 general office business district is intended to accommodate the development of office buildings and office complexes for the provision of business and professional services as needed within the community. The B-1 district permits office development at a scale ranging from small single purpose buildings to large scale multiple tenant structures and major corporate headquarters. The B-1 district also permits certain other uses which are comparable to and compatible with an office environment in design and function, including personal service businesses. However, the B-1 district is intended to prohibit commercial establishments of a general retail nature which require constant visits by the general public. The B-1 district also permits certain other uses which may be necessary in support of office use or mixed use structures with residential dwellings which may be compatible with such an environment, subject to additional regulation to ensure such uses do not cause undesirable or excessive amounts of traffic, congestion or other adverse impacts.

(Ord. No. 1037, § 5.65, 6-17-2003; Ord. No. 1054, § 5.65, 10-21-2003)

The following uses of buildings and premises shall be permitted in the B-1 business district:

(1)

Permitted principal uses.

a.

Dwelling units with three or fewer bedrooms per dwelling unit provided above the first floor within a building that also contains one or more of the principal uses permitted in this section.

(2)

Principal uses permitted subject to an approved site plan as set forth in section 50-36 of this chapter.

a.

Automatic teller machines which are the principal use of the lot, or those enclosed within an existing principal building, subject to the requirements of section 50-152.

b.

Building owned and occupied by a public utility.

c.

Colleges, universities, business or trade schools or similar education or training facilities.

d.

Dental, medical, or clinical laboratory.

e.

Extended care/nursing facilities.

f.

Financial institutions.

g.

Funeral home.

h.

General office, professional office building, or professional clinic.

i.

Hospital, except veterinary.

j.

Museum or art gallery.

k.

Parking lots developed and operated as an accessory use to serve one or more business, office, or multiple-family residential use(s) located no more than 200 feet from the lot.

l.

Personal service businesses when located in an office building, provided that such businesses shall not occupy more than 25 percent of the gross floor area of the office building. Such businesses may include: barber shop or hair stylist; beauty salon or spa; shoe and leather goods repair; tailor or seamstress; photographic or art studio; pick-up station for a dry cleaner or laundry; or exercise or fitness center.

m.

Public assembly building such as a theater or auditorium.

n.

Publicly owned and occupied building.

o.

Religious institution, club, or lodge.

(3)

Principal uses permitted subject to an approved special use permit as provided for by article II, division 3 of this chapter.

a.

Automatic teller machines externally attached to a principal building, subject to the requirements of section 50-152.

b.

Child care centers and day care centers, subject to the requirements of section 50-150(3).

c.

Class B multiple-family dwellings.

d.

Drive-through facilities provided in conjunction with a financial institution or a pick-up station for a dry cleaner or laundry.

e.

Multiple-family dwelling units provided within a building which also contains one or more of the principal uses permitted in subsection (1) of this section, except as allowed in subsection (1)b. above.

f.

Medical marihuana safety compliance facilities and medical marihuana secure transporter facilities.

(4)

Accessory uses permitted:

a.

Board rooms and similar assembly facilities.

b.

Cafeterias provided principally for employees.

c.

Mail or parcel drop-off centers and facilities.

d.

Other uses or facilities subordinate to and customarily incidental to the permitted principal use.

e.

Recreational or exercise facilities provided principally for employees or patients.

(Ord. No. 1037, § 5.66, 6-17-2003; Ord. No. 1054, § 5.66, 10-21-2003; Ord. No. 1061, 2-7-2006; Ord. No. 1347-A, 2-2-2016; Ord. No. 1395, 12-5-2017; Ord. No. 1536, 11-19-2024; Ord. No. 1543, 7-15-2025)

In the B-1 district the following requirements shall apply:

(1)

Minimum front yard depth shall be 20 feet.

(2)

Minimum rear yard depth shall be 20 feet.

(3)

Minimum side yard width shall be five feet, except that the minimum width on a comer lot shall be 20 feet measured from the side street lot line.

(4)

Minimum front, side and rear yard requirements for any building in excess of two stories or 36 feet in height shall be increased by a distance equal to 20 percent of such excess height.

(5)

Maximum building heights shall be:

a.

Two stories or 36 feet;

b.

Four stories or 64 feet in height, subject to an approved special use permit as provided by article II, division 3 of this chapter;

c.

Up to six stories or 84 feet in height, subject to an approved special use permit as provided by article II, division 3 of this chapter on parcels three acres or more in size,

d.

Additional stories above the maximum building height may be added to principal residential buildings in accordance with the provisions of article VII, division 8, building and site incentives.

(6)

Minimum lot area for residential uses shall be the same as those in the RM-32, multiple-family residential district.

(Ord. No. 1037, § 5.67, 6-17-2003; Ord. No. 1536, 11-19-2024)

Parking lots and on-site parking facilities shall be provided and developed in accordance with article VIII. Parking may be permitted within the front yard of properties in B-1 districts under the following conditions:

(1)

Parking areas shall not be closer than 20 feet to the front property line

(2)

Any front yard parking area, regardless of its size, shall meet all the responsibilities of this Code contained in article VIII including those relating to landscaping.

(Ord. No. 1037, § 5.68, 6-17-2003)

The purpose of the B-2 retail sales business district is to provide for the development of a variety of retail stores, personal service shops, restaurants, offices, mixed use structures containing residential dwellings and other businesses necessary to provide for the wide range of shopping and service needs of the community. The B-2 district permits business development at a scale ranging from small single purpose buildings to large scale multiple tenant structures and shopping centers. While it is intended to be inclusive in the types of uses permitted to accommodate a wide range of businesses, it requires careful review and regulation of certain uses which may be expected to generate higher levels of traffic, congestion and other adverse impacts to minimize conflicts between land uses and promote safe and convenient shopping environments.

(Ord. No. 1054, § 5.71, 10-21-2003)

The following uses of buildings and premises shall be permitted in the B-2 business district.

(1)

Permitted principal uses.

a.

Dwelling units with three or fewer bedrooms per dwelling unit provided above the first floor within a building that also contains one or more of the principal uses permitted in this section.

(2)

Principal uses permitted subject to an approved site plan as set forth in section 50-36 of this chapter.

a.

Automatic teller machines which are the principal use of the lot, or those enclosed within an existing principal building, subject to the requirements of section 50-152.

b.

Auto service center (as part of an approved regional shopping center only).

c.

Bakery employing not more than five persons, exclusive of retail sales personnel.

d.

Bank, theater, office, and similar service, except drive-ins.

e.

Colleges, universities, business or trade schools or similar education or training facilities.

f.

Combined retail-wholesale business when conducted entirely within a building, i.e. sale and storage in bulk of clothing, drugs, dry goods, food, furniture, hardware, machinery, metals, paints and paint supplies, pipe, rubber, and shop supplies.

g.

Dental, medical, or clinical laboratory.

h.

General office or professional office building.

i.

Hotels and motels.

j.

Parking lots developed and operated as an accessory use to serve one or more business, office or multiple-family residential use(s) located no more than 200 feet from the lot.

k.

Personal service shop, such as barbershop, beauty shop, etc.

l.

Public assembly building, similar to a theater or an auditorium.

m.

Publicly owned building.

n.

Restaurant, except a restaurant licensed for the sale of alcoholic beverages or alcoholic liquor as defined by section 105(1) of the Michigan Liquor Control Code of 1998, MCL 436.1105(2).

o.

Shop for custom work, i.e. shop for making articles or products to be sold at retail on the premises, provided that, the conduct of such business is not objectionable as being odorous, unsightly, or noisy.

p.

Shop for the conducting of any retail business, except establishments licensed for the sale at retail of alcoholic liquor, as defined by section 105(2) of the Michigan Liquor Control Code of 1998, MCL 436.1105(2), including specially designated merchants and specially designated distributors as described at MCL 436.1537, subject to state requirements for local review and approval.

q.

Shopping center, containing uses permitted in this district.

r.

Structure occupied and used by a public utility.

(3)

Principal uses permitted subject to an approved special use permit as provided for by article II, division 3, of this chapter.

a.

Automatic teller machines externally attached to a principal building, subject to the requirements of section 50-152.

b.

Auto service center.

1.

Before a permit is used to build, occupy or construct an auto service center on any site where 80 percent of the buildings within a radius of 400 feet of any part of the proposed site are used exclusively for one-and two-family dwelling purposes, there shall be on file in the office of the planning and zoning official the written consent of 60 percent of the property owners according to total frontage on any public street within a radius of 400 feet of any part of the premises whereon this auto service center is to be occupied or constructed and not separated therefrom by more than one street or one alley, and the location and plans shall have been submitted to and approved by the city;

2.

All pumps and lubricating devices, situated outside of a building, are located at least ten feet from any street line or lot line;

3.

All wrecked or dismantled vehicles are kept within a building; and

4.

No vehicles shall be parked on the site for the purpose of selling or renting such vehicles, unless they are properly screened with landscaping or are enclosed within a building.

c.

Car washing establishments.

d.

Child care centers and day care centers, subject to the requirements of section 50-150(3).

e.

Drive-in restaurant. No permit shall be issued to build, occupy, or construct a drive-in restaurant on any site where 80 percent of the buildings within a radius of 400 feet of any part of the proposed site are used exclusively for one- or two-family dwelling purposes, until there is on file in the office of the planning and zoning official the written consent of 60 percent of the property owners according to total frontage on any public street with a radius of 400 feet of any part of the premises where said drive-in restaurant is to be occupied or constructed, and not separated therefrom by more than one street or one alley, and not until the location and plans shall have been submitted to and approved in writing by the city. All customer parking areas shall be provided with artificial lighting. Such lighting shall be provided at an average maintained level of one foot candle and shall be so arranged as to reflect the light down and away from adjoining streets and residential property. The lighting installation shall be approved by the building official.

f.

Establishments licensed for the sale at retail of alcoholic liquor, as defined by section 105(2) of the Michigan Liquor Control Code of 1998, MCL 436.1105(2), including specially designated merchants and specially designated distributors as described at MCL 436.1537, subject to state requirements for local review and approval.

g.

Medical marihuana safety compliance facilities and medical marihuana secure transporter facilities.

h.

Motor vehicle sales room or sales lot. In the case of a new motor vehicle sales room and/or sales lot, the premises may also be used for motor repair, bump, and paint services as an accessory use. Such accessory use shall be permitted only on application for and granting of a special use permit permitting such accessory use in accordance with the provisions of article II, division 3, of this chapter. In the event that a special use permit is sought for such accessory use on a parcel on which the principal use is existing at the time of application, the planning commission may, as a precondition to the issuance of the special use permit, stipulate specific provisions for the entire parcel and existing use in accordance with section 50-93(4).

i.

Multiple-family dwellings, providing dining, social, or recreational facilities for persons residing off-site such as sororities or fraternities.

j.

Multiple-family dwelling units containing four or fewer bedrooms per dwelling unit provided within a building which also contains one or more of the principal uses permitted in this section, except as permitted by subsection (1)b. above.

k.

Recreational uses, including a bowling alley, billiard, or pool parlor.

l.

Restaurants licensed for the sale of alcoholic beverages or alcoholic liquor as defined by section 105(1) of the Michigan Liquor Control Code of 1998, MCL 436.1105(2).

m.

Small animal veterinary hospitals or clinics, excluding outdoor kennels for the general boarding of animals.

n.

Uses with drive-in facilities, including banks, savings, and loan associations, and other financial institutions.

(Ord. No. 1054, § 5.72, 10-21-2003; Ord. No. 1061, 2-7-2006; Ord. No. 1313, 3-4-2014; Ord. No. 1347-A, 2-2-2016; Ord. No. 1395, 12-5-2017; Ord. No. 1536, 11-19-2024; Ord. No. 1543, 7-15-2025)

In the B-2 district the following requirements shall apply:

(1)

Minimum front yard depth: none.

(2)

Minimum rear yard depth: none.

(3)

Minimum side yard width: none.

(4)

Building area requirements: none.

(5)

Maximum building height shall be two stories or 36 feet except as follows:

a.

Buildings may be up to four stories or 64 feet in height, subject to an approved special use permit as provided by article II of this chapter;

b.

On parcels two acres or more in size, buildings may be up to six stories or 84 feet in height, subject to an approved special use permit as provided by article II of this chapter; and

c.

On parcels less than two acres in size located within the downtown district boundaries, established pursuant to the Downtown Development Authority Act, buildings may be up to six stories or 84 feet in height, subject to an approved special use permit as provided by article II of this chapter.

d.

Additional stories above the maximum building height may be added to principal residential buildings in accordance with the provisions of article VII, division 8, building and site incentives.

(Ord. No. 1054, § 5.73, 10-21-2003; Ord. No. 1322, 4-15-2014; Ord. No. 1536, 11-19-2024)

Parking lots and on-site parking facilities shall be developed in accordance with article VIII: off-street parking facilities. No vehicle shall be parked or stored on any vacant premises in this district unless such premises are paved as required in article VIII.

(Ord. No. 1054, § 5.74, 10-21-2003)

(a)

The purpose of this district is to provide for a wide range of commercial and high density residential land uses designed to serve the residents and shoppers of the East Lansing City Center. Because of its proximity to the Michigan State University campus and nearby residential neighborhoods, a major characteristic of the City Center is its intense core of pedestrian activity. This activity helps to create a unique social environment where people can gather and enjoy the festive atmosphere of a university downtown, attractive landscaping and greenery, and the diversity of retail shops.

(b)

The provisions of this district are intended to encourage the planned development of pedestrian amenities and public and private open space, and closely regulate the need for direct automobile access to each establishment. Also important in the future development of the City Center is the concept of mixed-use development promoted by this district and the East Lansing Comprehensive Plan. Mixed-use development for purposes of this district is defined as the combination of commercial and residential land uses within the same building. Since the City Center contains only limited geographic area for expansion, intensifying development through a mixture of uses within the same building is of major importance to the city's efforts to expand the tax base and broaden the housing and shopping opportunities available in the City Center.

(Code 1994, ch. 55, § 5.75; Ord. No. 1186, 6-17-2008)

The following uses of buildings and premises, individually or in combination, shall be permitted in the B-3 district.

(1)

Permitted principal uses.

a.

Dwelling units with three or fewer bedrooms per dwelling unit provided above the first floor within a building that also contains one or more of the principal uses permitted in this section.

(2)

Principal uses permitted subject to an approved site plan as set forth in section 50-36 of this chapter.

a.

Colleges, universities, business or trade schools or similar education or training facilities.

b.

Hotels.

c.

Office uses or establishments, including but not limited to, general and professional offices, medical and dental offices, banks and financial institutions, automatic teller machines, real estate offices, travel agencies, and offices of political, professional, or civic organizations or associations.

d.

Personal service establishments such as barber and beauty shops, dry cleaners and laundries, shoe repair shops, photographers, and service establishments of a like nature.

e.

Public and semipublic uses including government and public utility offices, museums, and art galleries.

f.

Radio and television studios and broadcasting facilities, excluding transmission, and receiving towers.

g.

Restaurants, except restaurants licensed for the sale of alcoholic beverages or alcoholic liquor as defined by section 105(1) of the Michigan Liquor Control Code of 1998, MCL 436.1105(2), cafes, and similar establishments, including such establishments that may offer outdoor dining areas and walk-up service windows.

h.

Retail businesses except those uses which tend to detract from or interfere with a high intensity of pedestrian shopping activity including automobile sales facilities, auto service centers, drive-in restaurants and similar uses which rely on regular direct vehicular access to serve a significant portion of their customers; and except establishments licensed for the sale at retail of alcoholic liquor, as defined by section 105(2) of the Michigan Liquor Control Code of 1998, MCL 436.1105(2), including specially designated merchants and specially designated distributors as described at MCL 436.1537, subject to state requirements for local review and approval.

i.

Theaters, public assembly halls, concert halls, meeting rooms, clubs, lodges, religious institutions, or similar places of assembly.

(3)

Principal uses permitted subject to an approved special use permit as provided for by article II, division 3, of this chapter.

a.

Child care centers and day care centers, subject to the requirements of section 50-150(3).

b.

Class B, multiple-family dwellings.

c.

Establishments licensed for the sale at retail of alcoholic liquor, as defined by section 105(2) of the Michigan Liquor Control Code of 1998, MCL 436.1105(2), including specially designated merchants and specially designated distributors as described at MCL 436.1537, subject to state requirements for local review and approval.

d.

Multiple-family dwelling units with three or fewer bedrooms per dwelling unit provided within a building which also contains one or more of the principal uses permitted in this section; except as permitted under subsection (1)b., or with a special use permit for multiple-family dwelling units as the sole principal use of a building where it has been deemed by city council that the proposal:

1.

Provides unique housing opportunities which are not otherwise available in the city center; or

2.

Provides a transition from mixed use development to a lower density residential use where a unique characteristic is present on the edge of the district.

e.

Parking lots and structures available to the general public.

f.

Recreational uses and facilities which do not serve alcoholic beverages, including but not limited to, video game arcades, billiard or pool parlors, spas, health clubs, and indoor or outdoor court facilities.

g.

Restaurants licensed for the sale of alcoholic beverages or alcoholic liquor as defined by section 105(1) of the Michigan Liquor Control Code of 1998, MCL 436.1105(2).

h.

Uses with drive-in facilities, such as banks and financial institutions, automobile service businesses, including carwashes, and uses which rely on short-term on-site parking to serve their customers which exist at the time of adoption of the ordinance from which this division is derived or at the time the property is zoned into this district, may continue to operate in accordance with the provisions of article IX of this chapter; except, that such uses may be reconstructed or modified when such uses are designed and operated to promote public safety by minimizing conflicts with pedestrian flow and congestion on public streets and alleys, and to reduce the visual impact of parking areas and driveways.

(4)

Permitted accessory uses. In addition to uses customarily incidental to the main use of the building or lot, the following uses shall be permitted as accessory uses:

a.

Automatic teller machines which are enclosed within or attached to the principal building, subject to the requirements of section 50-152.

b.

Automobile appearance reconditioning, performed by hand or with handheld equipment, including washing, vacuuming, polishing, paint touch-up and decaling, when provided within an enclosed parking structure and occupying no more than five percent of the total floor area contained within the parking structure, and subject to an approved special use permit as provided in article II, division 3, of this chapter.

c.

Class A home occupations.

d.

Recreational uses and facilities such as swimming pools, indoor or outdoor court facilities, and weight or training rooms for the use of the patrons or tenants of a hotel or apartment use, provided that, such uses do not exceed 20 percent of the gross floor area.

e.

Short-term parking facilities provided in conjunction with a major commercial establishment or attractor which promotes a high intensity pedestrian environment, offers a variety of goods or services, and has a minimum of 25,000 square feet of floor area, such as a large retail establishment or department store, a major office headquarters, or a hotel. Such facilities may be provided to allow customers to drop off goods to be serviced, to pick up previously ordered goods, to drop off or pick up passengers, to be used in conjunction with a valet parking system or to be used for short-term delivery vehicle parking, provided that such drive-in or parking facilities are designed and operated to promote public safety by minimizing conflicts with pedestrian flow and congestion on public streets and alleys, and to reduce the visual impact of parking areas and driveways, and subject to an approved special use permit as provided by article II, division 3, of this chapter.

f.

Video games, pool tables, and other similar amusement games, provided that, the total number of games or machines contained within the building shall not exceed one game for every 400 square feet of gross floor area.

(Code 1994, ch. 55, § 5.76; Ord. No. 967, 5-16-2000; Ord. No. 1054, § 5.76, 10-21-2003; Ord. No. 1061, 2-7-2006; Ord. No. 1186, 6-17-2008; Ord. No. 1313, 3-4-2014; Ord. No. 1347-A, 2-2-2016; Ord. No. 1536, 11-19-2024; Ord. No. 1543, 7-15-2025)

(a)

No use conducted on any premises within this district shall be permitted to occupy or use space within the public right-of-way, or operate a business which would restrict the use of a public street, sidewalk, or alley unless the proper authorization is first granted by the city council or its agent.

(b)

Minimum front yard depth: none.

(c)

Minimum rear yard depth: none, except if the rear yard abuts any residential district, in which case the minimum setback shall be ten feet.

(d)

Minimum side yard width: none, except if the side yard abuts any residential district, in which case the minimum setback shall be ten feet.

(e)

Minimum floor area requirement. The minimum floor area of any proposed building, exclusive of basement areas used for mechanical or storage purposes, shall be determined by a ratio of 1.25 times the area of the site. Any building existing at the time of adoption of the ordinance from which this division is derived shall be allowed to expand without regard to this standard. Small, separately held lots of less than 10,000 square feet that abut a residential district may also be exempted from this requirement if the planning commission determines that the development potential of the lot is limited because of its size, configuration or location and that the proposed design and use of the lot would provide a desirable buffer between adjacent uses.

(f)

Building height. The minimum building height shall be four stories. The maximum number of stories permitted is eight and the maximum building height is 112 feet. The maximum building height may be modified as follows:

(1)

Additional stories above the maximum building height may be added in accordance with the provisions of article VII, division 8, building and site incentives.

(2)

The city council may, upon an affirmative vote of three-fourths of all members of the city council, permit an increase in stories or a maximum building height of up to 140 feet for a building deemed by the city council to be of significant public benefit subject to an approved special use permit as provided in article II, division 3, of this chapter.

(3)

Further, additional stories may be added to existing one- and two-story buildings that total less than four stories or 64 feet in height if the existing building remains substantially the same and no additional structural changes are needed to the existing building to support the additional stories.

(g)

Maximum building and ground coverage. The percentage of total site area allowed to be covered shall be determined according to the following schedule:

* Bonus allotments of building and ground coverage may be granted, provided that, the proposed use, its site or its relationship to adjacent properties incorporates certain architectural or site design features which allow for public or private open space, free movement of pedestrian traffic, abundant light and air, interior community space and other related elements. Qualifying features may include, but are not limited to, atriums, arcades, enclosed walkways, rooftop gardens, landscaped areas, plazas, and outdoor dining areas.

(1)

For buildings and sites where the principal use is any commercial use identified in section 50-592, bonus coverage shall be allotted on the basis of one and one-half square feet of added building and ground coverage for every one square foot of site area occupied by qualifying features.

(2)

For buildings and sites where the principal use is a major commercial establishment or attractor which promotes a high intensity pedestrian environment, offers a variety of goods or services, and has a minimum of 25,000 square feet of floor area, such as a large retail establishment or department store, a major office headquarters, or a hotel, bonus coverage shall be allocated on the basis of three square feet of added building and ground coverage for every one square foot of site area occupied by qualifying features.

(3)

For buildings and sites where the principal use is a combination of any commercial use identified in section 50-592 and housing, bonus coverage shall be allocated on the basis of five square feet of added building and ground coverage for every one square foot of site area occupied by qualifying features.

(h)

Any portion of a site not occupied by a building or covered by paving necessary for adequate ingress and egress, off-street loading or parking, or qualifying bonus features shall be landscaped with a combination of living deciduous and evergreen trees and shrubs in an attractive manner.

(i)

Loading requirements. Off-street loading areas shall be provided as required by article VIII of this chapter.

(j)

On-premises parking. Consistent with the purposes of this district and the city's policies to optimize use of its consolidated parking facilities in the City Center commercial district, on-premises parking facilities intended as accessory uses to serve one or more uses on the same lot shall be prohibited, except where:

(1)

The applicant has demonstrated that the parking is necessary for the residents or customers of the proposed use and the municipal parking facility cannot accommodate the use; or

(2)

The applicant has demonstrated that the parking is necessary for increased accessibility for handicapped persons.

If it is demonstrated that on-premises parking is necessary, the planning commission may stipulate conditions on the arrangement and operation of such parking to ensure that it is used for the purposes for which it is intended and approved or to ensure that it does not cause disruption of pedestrian or vehicular circulation.

(k)

Off-premises parking. To ensure accessible parking for all uses in the district, the standards of section 50-814(d) must be met.

(l)

Applications for a building and/or occupancy permit to construct or expand a building or to convert or extend the use of a building which would result in an increased parking demand, as determined from the standards in section 50-812, shall first be submitted to the planning and zoning official for review.

(1)

To determine the number of parking spaces available, the planning and zoning official shall yearly prepare a report on the utilization of parking spaces within the district which specifies the number of spaces available by location, price, and tenure rates, and time of day. The report shall be presented to and approved by city council. The planning and zoning official shall also keep a record of all new, expanded, and converted uses which generate increased parking demands. The planning and zoning official shall not approve an application when the total amount of additional parking demands approved under subsections (2) and (3) below within a one-year period would exceed a figure equal to 75 percent of the total number of parking spaces determined to be available in the annual report.

(2)

If the application would result in an increase of ten or fewer spaces for a use within a two-year period, the planning and zoning official shall approve it, if there are adequate and appropriate parking spaces available to serve the use, as defined by the following standards:

a.

The price and tenure rates for available parking spaces must be consistent with the expected parking habits of customers, employees, and tenants of the proposed use.

b.

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

c.

The parking spaces must meet the standards of section 50-814(d).

(3)

If the application would result in an increase of more than ten spaces within a two-year period or would exceed the limit of 75 percent of available spaces described above, the applicant shall submit a parking plan to the planning commission for review at a public hearing. The parking plan shall indicate where customers, employees, and tenants of the proposed use will be expected to park; the estimated number of employees and tenants; the anticipated time(s) of peak customer loads; the location and arrangement of all existing or proposed on-site parking spaces as may be permitted under subsection G) of this section; evidence of any arrangement(s) made by the applicant to use other off-premises parking spaces; and evidence of any proposed action(s) by the applicant to control or limit the parking demand generated by the proposed use. The planning commission shall approve the parking plan if it determines that the proposed use would not adversely affect surrounding properties and public facilities and that one or more of the following conditions exist:

a.

Because of the particular characteristics of the proposed use, it would not be expected to generate a significant increase in parking demand.

b.

Existing or proposed on-site spaces or other private off-street parking facilities, as may be permitted under subsection (j) of this section, would meet the parking needs of the proposed use.

c.

The parking demand would be adequately accommodated within the municipal parking system due to the availability of spaces appropriate to serve the proposed use, as defined in the standards in subsection (2) above.

d.

The parking demand would be adequately accommodated within the municipal parking system by directing customers, employees, and tenants to available spaces through validation policies, leasing arrangements, promotional programs, providing bus tokens, or other actions of the applicant.

The commission may, at its discretion, condition approval of a parking plan to ensure the parking needs of the proposed use are adequately met without adversely impacting other property or causing congestion on public streets or within the municipal parking system, including mandatory validation policies, mandatory parking space leasing arrangements, and/or other mandated actions.

(Code 1994, ch. 55, § 5.77; Ord. No. 970, pt. IV, 4-3-2001; Ord. No. 1186, 6-17-2008; Ord. No. 1289C, 5-21-2013; Ord. No. 1348-C, 2-2-2016; Ord. No. 1438, 11-20-2018; Ord. No. 1443, 2-12-2019; Ord. No. 1492, 12-15-2020; Ord. No. 1536, 11-19-2024)

(a)

The B-4 restricted office business district provides for the development of office buildings and office complexes at a scale and intensity less than that permitted in the B-1 general office business district.

(b)

The B-4 district is intended to permit development which is compatible with adjacent uses, particularly low density residential neighborhoods, by requiring buffers between properties and restricting lot coverage. It is also intended to control congestion and safety along public streets by limiting access points and requiring minimum lot frontage standards.

(Code 1994, ch. 55, § 5.78)

The following uses of buildings and premises shall be permitted in the B-4 district.

(1)

Permitted principal uses.

a.

Dwelling units with three or fewer bedrooms per dwelling unit provided above the first floor within a building that also contains one or more of the principal uses permitted in this section.

(2)

Principal uses permitted, subject to an approved site plan as provided for in section 50-36 of this chapter where no building on the site exceeds two stories in height, except when additional height is permitted under division 8, building and site incentives, and where the total gross square footage of all principal buildings on the site does not exceed 25,000 square feet:

a.

Automatic teller machines (ATMs) which are the principal use of the lot, or those enclosed within an existing principal building, subject to the requirements of section 50-152.

b.

Colleges, universities, business or trade schools or similar education or training facilities.

c.

Dental or medical offices, clinics, or laboratories.

d.

Financial institutions.

e.

General and professional offices.

f.

Parking lots developed and operated as an accessory use to serve one or more business, office, or multiple-family uses located within 200 feet from the lot.

(3)

Principal uses permitted, subject to an approved special use permit as provided for in article II, division 3, of this chapter.

a.

Any use(s) permitted in subsection (1) of this section where a building is more than two stories in height, except when additional height is permitted under division 8, building and site incentives, or where the total gross square footage of all principal buildings on the site exceeds 25,000 square feet.

b.

Automatic teller machines, externally attached to a principal building, except those which are drive-in accessible, unless provided in conjunction with a bank for financial institution as provided below, subject to the requirements of section 50-152.

c.

Child care centers and day care centers, subject to the requirements of section 50-150(3).

d.

Dispensaries and primary caregiver operations.

e.

Drive-in banks or financial institutions, including drive-in accessible automatic teller machines.

f.

Medical marihuana safety compliance facilities, marihuana safety compliance facilities, medical marihuana secure transporter facilities and marihuana secure transporter facilities.

(4)

Accessory uses permitted:

a.

Board rooms and similar assembly facilities.

b.

Cafeterias provided principally for employees.

c.

Recreational or exercise facilities provided principally for employees or patients.

d.

Other uses or facilities subordinate to and customarily incidental to the permitted principal use.

(Code 1994, ch. 55, § 5.79; Ord. No. 980, 4-3-2001; Ord. No. 1054, § 5.79, 10-21-2003; Ord. No. 1061, 2-7-2006; Ord. No. 1202, 11-18-2008; Ord. No. 1245C, 3-15-2011; Ord. No. 1395, 12-5-2017; Ord. No. 1419, 3-20-2018; Ord. No. 1469, 10-29-2019; Ord. No. 1536, 11-19-2024; Ord. No. 1543, 7-15-2025)

The following requirements shall be complied with in the B-4 district.

(1)

Two or more buildings may be constructed on a lot.

(2)

Minimum lot frontage:

a.

On major streets: 200 feet.

b.

On other public streets: 150 feet.

(3)

Minimum building setbacks:

a.

Minimum building setbacks are as follows:

b.

The setback standard specified in subsections (3)a.1, 2, and 3 of this section above may be reduced by up to 50 percent, but in no case to less than 20 feet, where unique site characteristics, landscaping, or design features will achieve the same purpose for which the setbacks are intended. These purposes are:

1.

Ensuring reasonable privacy for employees and neighbors of the development;

2.

Protecting employees and neighbors from noise, shadowing, and other nuisance impacts;

3.

Maintaining adequate visibility for safety along streets and sidewalks; and

4.

Maintaining an attractive appearance of the development from abutting properties and public streets.

Such characteristics or features may include, but would not be limited to, significant slopes which effectively reduce the apparent size of buildings and screen parking areas from view; dense buffers of mature trees and other plant materials along exterior property lines; significant landscape treatments which include earth berms, fences, or walls at least three feet in height in addition to a variety of plant materials; and buildings which are designed and located to maximize privacy and minimize noise, shadowing, and other impacts between adjacent properties.

(4)

Maximum building height shall be two stories or 36 feet; except:

a.

Buildings may be up to three stories or 50 feet in height, subject to an approved special use permit as provided by article II, division 3, of this chapter; and

b.

On parcels eight acres or more in size or those that are not contiguous to any property that is zoned for and expected to be used for residential purposes in accordance with the comprehensive plan, buildings may be up to five stories or 70 feet in height, subject to an approved special use permit as provided by article II, division 3, of this chapter.

c.

Additional stories above the maximum building height may be added in accordance with the provisions of article VII, division 8, building and site incentives.

(5)

Maximum lot coverage:

a.

Maximum building coverage: 25 percent.

b.

Maximum ground coverage: 65 percent.

(6)

Minimum distance between buildings and building wings: A distance equal to 60 percent of the height of the taller building or building wing, or ten feet, whichever is greater.

(7)

Parking and access facilities:

a.

All parking and access facilities shall be designed and constructed according to article VIII of this chapter and all other relevant city codes, policies, and specifications.

b.

Except as provided below, the number of parking spaces required shall be determined according to section 50-812.

c.

One access point to a public street shall be permitted unless the city determines that additional access points are necessary because of the number of trips generated or because of the operating characteristics of the adjacent streets.

d.

Shared parking and access facilities to serve two or more adjacent properties are permitted, if adequate provision is made to ensure such shared facilities will be perpetually available to each property.

e.

Shared access facilities may be required if the city determines it is necessary to preserve the carrying capacity and reduce congestion and safety hazards on adjacent streets.

f.

Parking and access facilities which are not shared shall be set back according to the following schedule:

1.

From major streets: 50 feet.

2.

From other public streets: 25 feet.

3.

From other exterior lot lines: 15 feet.

Access facilities permitted in subsection c. above may penetrate through the required setback areas.

g.

Adequate provision for pedestrian and bicycle access to and within the site shall be provided.

(8)

Perimeter landscaping. Trees of a type and size specified in section 48-32 of this Code shall be planted no more than 60 feet apart within the right-of-way along all public streets abutting or within the site. A variety of trees and shrubbery shall be planted between buildings, parking areas or other improved facilities and all exterior boundaries of the site.

These requirements may be modified or waived where there are existing trees or shrubbery to be retained.

(9)

Combined development plans. Two or more adjacent parcels, one of which is contiguous to existing B-4 zoned and developed properties, may be developed jointly by separate owners acting under the terms of a common integrated site plan. Such a site plan and associated agreements shall be negotiated between the private parties prior to submission of the rezoning application to the city, and shall meet the following standards:

a.

The common site plan, when viewed as a whole, shall meet all of the standards of the B-4 district.

b.

The common site plan shall provide shared access to jointly serve the adjacent parcels.

c.

The setbacks along the common lot line(s) of the adjacent parcels shall not apply.

d.

Total parking requirements shall be based upon the combined need of all buildings to be placed on the adjacent parcel. Such spaces may be distributed on each parcel or clustered in a convenient location to serve the individual uses.

(10)

Phased development. Under the terms of a combined development plan, as specified above, phased development of the adjacent parcels may be permitted according to the following standards:

a.

The initial development phase and the composite plan following each subsequent phase shall meet the standards of the B-4 district with the exception of the required street frontage and the setback along common lot lines between adjacent parcels. The initial development phase must be contiguous to properties already zoned and developed according to the B-4 standards.

b.

A site plan shall be submitted for each phase indicating the design, arrangement, and use of all structures and facilities present or to be built on the combined site. Each subsequent phase shall be considered as a modification of the overall site plan. The overall site plan should indicate how remaining and/or underdeveloped portions of the site could reasonably be redeveloped in subsequent phases. The site plan shall contain a schedule for the initial and each subsequent phase.

c.

Evidence shall be submitted showing a legally binding arrangement in recordable form for shared access to jointly serve the adjacent parcels.

d.

Existing residential structures, and the driveways and parking facilities which serve them, may be maintained and may continue to be used for residential purposes until they are converted or redeveloped in later phases, regardless of their compliance to the standards of the B-4 district. Such structures shall not be expanded or converted in use in the future unless their design, placement, and use conform to the standards of the B-4 district. Such structures may be reconstructed to repair damage caused by natural elements or fire notwithstanding restrictions regarding the nonconforming use of buildings set forth in section 50-853.

(Code 1994, ch. 55, § 5.80; Ord. No. 970, pt. V, 4-3-2001; Ord. No. 1055, § 5.80, 11-5-2003; Ord. No. 1099, 5-17-2005; Ord. No. 1536, 11-19-2024)

The purpose of this district is to provide for the development of selected retail establishments and other businesses which have a community-wide trade area or greater, and fulfill the comparison, convenience, and sales/service needs of a broader population base. The provisions of this district are intended to promote planned and coordinated development in a manner which encourages open space and aesthetic design, the preservation and enhancement of landscaping, and a high degree of visibility and accessibility to the consumer. It is the goal of this district to minimize the impacts of commercial development by requiring minimum lot frontage, encouraging shared parking and access facilities, and ensuring adequate setbacks.

(Code 1994, ch. 55, § 5.80-1)

The following uses of buildings and premises shall be permitted in the B-5 district.

(1)

Permitted principal uses.

a.

Dwelling units with three or fewer bedrooms per dwelling unit provided above the first floor within a building that also contains one or more of the principal uses permitted in this section.

(2)

Principal uses permitted subject to an approved site plan as set forth in section 50-36 of this chapter:

a.

Colleges, universities, business or trade schools or similar education or training facilities.

b.

General and professional offices, medical and dental offices and laboratories, and banks and financial institutions, excluding drive-in uses.

c.

Hotels and motels.

d.

Public assembly buildings including theaters, auditoriums, and banquet facilities.

e.

Restaurants, except restaurants licensed for the sale of alcoholic beverages or alcoholic liquor as defined by section 105(2) of the Michigan Liquor Control Code of 1988, MCL 436.1105, cafes, and similar establishments, including such establishments having outdoor dining areas, but excluding drive-in uses.

f.

Retail business establishments with a community-wide trade area or greater, such as department stores, furniture stores, appliance stores, apparel shops, and businesses of a like nature, excluding drive-in uses and excluding those uses which require extensive storage of bulk materials or merchandise in a separate building or upon the premises; and excluding establishments licensed for the sale at retail of alcoholic liquor, as defined by section 105(2) of the Michigan Liquor Control Code of 1998, MCL 436.1105, including specially designated merchants and specially designated distributors as described at MCL 436.1537.

g.

Shopping centers containing uses permitted in this district and also permitting personal service establishments and retail stores which sell groceries, baked goods, or other food products and beverages.

(3)

Principal uses permitted subject to an approved special use permit as provided for in article II, division 3, of this chapter.

a.

Child care centers and day care centers, subject to the requirements of section 50-150(3).

b.

Drive-in banks or financial institutions.

c.

Drive-in restaurants.

d.

Establishments licensed for the sale at retail of alcoholic liquor, as defined by section 105(1) of the Michigan Liquor Control Code of 1998, MCL 436.1105, including specially designated merchants and specially designated distributors as described at MCL 436.1537, subject to state requirements for local review and approval.

e.

Medical marihuana safety compliance facilities, marihuana safety compliance facilities, marihuana secure transporter facilities and marihuana secure transporter facilities.

f.

Recreation facilities similar to bowling alleys, health or exercise centers, and racquet or court facilities.

g.

Restaurants licensed for the sale of alcoholic beverages or alcoholic liquor as defined by section 105(2) of the Michigan Liquor Control Code of 1988, MCL 436.1105.

(4)

Accessory uses permitted.

a.

Any use customarily incidental and subordinate to the main use of the building or lot.

b.

ATMs enclosed within a principal building, subject to the requirements of section 50-152.

(Code 1994, ch. 55, § 5.80-2; Ord. No. 953, 10-5-1999; Ord. No. 954, 2-1-2000; Ord. No. 1054, § 5.80-2, 10-21-2003; Ord. No. 1061, 2-7-2006; Ord. No. 1313, 3-4-2014; Ord. No. 1395, 12-5-2017; Ord. No. 1469, 10-29-2019; Ord. No. 1536, 11-19-2024; Ord. No. 1543, 7-15-2025)

The following requirements shall be complied with in the B-5 district.

(1)

Two or more buildings may be constructed on a site where common parking and access facilities are provided.

(2)

Minimum site frontage: 150 feet. This standard shall not apply to those parcels which at the time of adoption of the ordinance from which this division is derived have shared access agreements with adjoining properties approved by the city, and which , in aggregate, would total 150 feet of frontage, provided they meet all other development standards of this district.

(3)

Minimum building setbacks:

a.

From public streets: 50 feet.

b.

From private roads: 25 feet.

c.

From all other property lines: 15 feet.

d.

From driveways and parking spaces: Five feet.

If a public sidewalk exists or is constructed along the public street or private road, but not within the street right-of-way easement, the above setbacks shall be measured between the building and the nearest edge of the public sidewalk.

(4)

Maximum building height shall be four stories or 64 feet; except:

a.

On parcels four acres or more in size, buildings may be up to six stories or 84 feet in height, subject to an approved special use permit as provided by article II, division 3, of this chapter.

b.

Additional stories above the maximum building height may be added in accordance with the provisions of article VII, division 8, building and site incentives.

(5)

Maximum site coverage:

a.

Maximum building coverage: 40 percent.

b.

Maximum ground coverage excluding required stormwater retention facilities: 80 percent.

(6)

Minimum distance between buildings: 20 feet.

(7)

Parking and access facilities:

a.

All parking and access facilities shall be designed and constructed according to article VIII of this chapter and all other relevant city codes, policies, and specifications.

b.

The number of parking spaces required shall be determined according to section 50-812. The maximum number of parking spaces allowed on-site shall not exceed the parking requirement specified in section 50-812 by more than 50 percent, unless the applicant demonstrates that additional parking is needed because of the characteristics of the proposed use.

c.

One access point to a public street shall be permitted unless the applicant demonstrates that additional access points are necessary because of the number of trips generated or the operating characteristics of the adjacent streets.

d.

Shared parking and access facilities to serve two or more adjacent properties shall be permitted, provided that, adequate easements are filed with the site plan and maintained so as to assure continued availability and use of such facilities, unless modified by city council.

e.

Shared access facilities may be required, if the city council determines it is necessary to preserve the carrying capacity, to reduce congestion and safety hazards on adjacent streets.

f.

Minimum parking and driveway setbacks:

1.

From Lake Lansing Road: 50 feet.

2.

From other public streets: 25 feet.

3.

From all other property lines: ten feet.

If a public sidewalk is constructed along the public street but not within the street right-of-way or road easement, the above setbacks shall be measured between the parking or driveway and the nearest edge of the sidewalk. Shared parking and driveway facilities permitted in subsection (7)d of this section shall not be required to be set back from property lines which border such facilities for common use.

g.

Safe and convenient facilities for pedestrian and bicycle access to and within the site shall be provided, including the provision of public sidewalks within public rights-of-way.

(8)

Preservation of landscape. To the extent practical, the natural landscape and topography of the site shall be preserved by the proposed development.

(9)

Perimeter landscaping. Trees of a type and size specified in section 48-32 of this Code shall be planted no more than 60 feet apart within the right-of-way along all public streets abutting or within the site. Any required yard area specified in this section shall be attractively landscaped with a combination of deciduous and evergreen trees and shrubs and landscape berms in a manner which enhances the overall appearance of the development.

(Code 1994, ch. 55, § 5.80-3; Ord. No. 970, pt. VI, 4-3-2001; Ord. No. 954, 2-1-2000; Ord. No. 1536, 11-19-2024)

Uses permitted in the M-1 district are as follows:

(1)

Principal uses permitted subject to an approved site plan as set forth in section 50-36 of this chapter:

a.

Bottling works, including milk bottling or distribution station.

b.

Coal or building materials storage yard.

c.

Cold storage plant.

d.

Contractor's storage yard.

e.

Kennel.

f.

Light manufacturing and wholesale business, provided that, the conduct of such business is not objectionable as being unsightly, odorous, or noisy.

g.

Manufacture of food products.

h.

Public garage, motor vehicle repair shop, automobile paint and bump shop, or car washing establishment.

i.

Tin shop or plumbing supply shop.

j.

Painting, varnishing, or vulcanizing shop.

k.

Research laboratory.

l.

Radio and television towers.

m.

Wholesale business, i.e. storage in bulk of, or warehouse for such material as building material, contractors equipment, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice, machinery, metals, paints and paint supplies, pipe, rubber, shop supplies, tobacco, wood, or similar products.

n.

Veterinary hospital or clinic.

(2)

Principal uses permitted subject to an approved special use permit as provided for in article II, division 3, of this chapter.

a.

Medical marihuana grower facilities, marihuana growers, medical marihuana processor facilities, marihuana processors, medical marihuana secure transporter facilities and marihuana secure transporter facilities.

(Code 1994, ch. 55, § 5.81; Ord. No. 1061, 2-7-2006; Ord. No. 1395, 12-5-2017; Ord. No. 1469, 10-29-2019; Ord. No. 1536, 11-19-2024; Ord. No. 1543, 7-15-2025)

The following requirements must be complied with in the M-1 district:

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot width: 200 feet.

(3)

Maximum building height shall be two stories or 36 feet; except buildings may be up to four stories or 64 feet in height, subject to an approved special use permit as provided by article II, division 3 of this chapter; and except radio and TV towers: no limit.

(4)

Building setback requirements. Setback from:

a.

Front lot line: 30 feet.

b.

Side lot line: 20 feet.

c.

Rear lot line: 20 feet.

(Code 1994, ch. 55, § 5.82; Ord. No. 970, pt. VII, 4-3-2001)

The purpose of this district is to permit a specialized range of uses which will strengthen the local economy by expanding job opportunities and diversifying the city's tax base in a manner which is consistent with the overall character of the city and compatible with surrounding uses and facilities. The district is intended to accommodate larger office buildings and complexes, scientific and applied research facilities, and uses dedicated to the development and application of innovative technology, production techniques and products, as well as commercial recreational facilities. The nature, scale, and function of such uses will be limited and regulated to ensure that they pose no significant or unusual risk to the public health, safety, and welfare, generate a minimum of noise, heat, glare, odor, dust, vibration, heavy truck traffic or other nuisances; emit no harmful radiation or pollution of the air, water, or ground; and pose a minimum of traffic, fire, or other safety hazards. The location of such uses will be limited to areas which are highly visible and accessible from major transportation facilities. The design and development of land and facilities in this district will be regulated to create a low density, well planned, park-like environment with architecturally attractive buildings and structures, large, well landscaped yard areas and vistas, and screened parking, access, and storage facilities. To achieve these objectives, the district requires the integrated planning of large tracts of land while permitting phased development to minimize disruptions and instability for existing residents.

(Ord. No. 1033, § 5.85, 5-20-2003)

The following uses of buildings and premises, individually or in combination, shall be permitted in this district.

(1)

Principal uses permitted subject to an approved site plan as set forth in section 50-36 of this chapter:

a.

Assembly of wood products from raw materials (interior activities only).

b.

Corporate headquarters, administrative offices, or business or professional offices.

c.

Production or processing of mass timber products.

d.

Scientific or medical laboratories, engineering, testing or design facilities, or other theoretical or applied research facilities.

(2)

Principal uses permitted subject to an approved special use permit as provided for in article II, division 3, of this chapter.

a.

Assembly, treatment, or packaging of finished or semi-finished parts or components from prefabricated parts or previously prepared materials. Manufacturing, processing, and assembling from basic raw materials shall be prohibited, except as provided below.

b.

Child care centers and day care centers, subject to the requirements of section 50-150(3).

c.

Commercial recreation facilities designed and equipped for the conduct of amateur sports, exercise and other recreation activities in primarily enclosed buildings, which are operated as a business and open to the public for such activities through a membership or use fee, such as: tennis, racquet or handball courts; ice and roller skating rinks; basketball or volleyball courts; exercise or fitness centers; golf driving or firearm shooting ranges; gymnasiums; swimming pools; and similar facilities. This shall not include entertainment facilities such as theaters, video or pinball arcades or billiard or pool parlors.

d.

Kennels, including small animal veterinary hospitals.

e.

Manufacturing, production, packaging and distribution of products created, designed or substantially improved in on-site research and development laboratories, or products made using innovative processes or techniques that are created, designed or substantially improved in on-site research and development laboratories, provided the scale and character of such manufacturing operations are consistent with the purpose of this district.

f.

Medical marihuana grower facilities, medical marihuana processor facilities, medical marihuana safety compliance facilities, and medical marihuana secure transporter facilities.

g.

Retail sale of products or services produced or assembled on the property, together with related accessories or similar supporting goods or services, provided such use occupies no more than ten percent of the total floor area of all principal buildings on the lot.

(3)

Permitted accessory uses:

a.

Accessory structures for the collection and temporary storage of waste materials.

b.

Accessory structures for security personnel.

c.

Accessory structures for the storage of motor vehicles, equipment, products, or materials.

d.

Cafeterias, lunchrooms, meeting rooms, training facilities, day care facilities, recreation facilities, and similar uses provided primarily for the benefit of employees. Such facilities shall be provided in the principal building, or in a separate building within a development site to serve the employees of two or more buildings within the development site.

e.

Parking and loading facilities as provided in accordance with the provisions in article XVI of this chapter.

f.

Retail sale and rental of sporting goods, clothing and accessories; refreshment stands, snack bars and similar facilities; and public restrooms and lockers, only when provided in conjunction with commercial recreation facilities.

(Code 1994, ch. 55, § 5.86; Ord. No. 1033, § 5.86, 5-20-2003; Ord. No. 1061, 2-7-2006; Ord. No. 1395, 12-5-2017; Ord. No. 1437a, 10-16-2018; Ord. No. 1536, 11-19-2024; Ord. No. 1543, 7-15-2025)

The following requirements must be complied with in this district:

(1)

[Performance standards.] All uses and operations in this district shall be designed, operated, and restricted as necessary to comply with the following performance standards. It shall be the responsibility of any applicant to provide sufficient evidence that a proposed use will meet these standards. Applicants may also be required to submit evidence on a recurring basis showing that the proposed use continues to operate in a manner that meets these standards. Uses in this district shall not:

a.

Allow the emission of noxious or odorous matter in such quantities as to be humanly perceptible at any point along lot lines, or the escape of or emission of any gas into the atmosphere in such quantities as to be toxic to plants or animals, corrosive, or explosive.

b.

Discharge smoke into the atmosphere from any single source of emission whatsoever, any air contaminator for a period or periods aggregating more than four minutes in any half-hour period which is as dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines, and which is hereby made a part of this chapter. A Ringelmann Chart shall be on file in the office of the director of building and zoning. In addition, the discharge of steam of opacity equal to No. 1 on a Ringelmann Chart shall not be allowed.

c.

Discharge dust or other particulate matter into the air, except smoke as permitted in subparagraph (1)b. above, from any process, stored material or material being processed, so that said dust will cross the property line as either airborne material or wind-blown material on the ground surface.

d.

Produce intense glare or heat which may be humanly perceptible outside of the building.

e.

Produce vibrations which are humanly perceptible at the property line.

f.

Produce electromagnetic radiation disruptive of communications or injurious to public health as listed in applicable F.C.C. regulations.

g.

Discharge any liquid or solid waste onto or into the ground or into sewers or septic facilities that are detrimental to the public health or welfare. All waste products shall be properly disposed of off-site by licensed disposal services.

h.

Produce constant or regularly recurring sounds which exceed the following decibel levels at the lot line adjacent to the following types of zoning districts:

i.

Emit radioactivity or biologically active pathogens injurious to plant or animal life.

j.

Generate traffic of tractor-trailers or other similar large trucks to import materials and export products which exceeds five percent of the total expected traffic generation of the use.

k.

Violate any applicable federal, state, or local regulations or licensing requirements. In reviewing each application to develop a use in this district, it shall be the responsibility of the city to inform the applicant of federal and state regulations and licensing requirements which may apply to each application, and to notify the appropriate agencies of each application. It shall be the responsibility of the applicant to seek, obtain, and maintain all required federal and state approvals and permits, and to operate in compliance with all relevant local, state, and federal standards and regulations. It shall be the responsibility of the appropriate state or federal agency to determine compliance, issue required approvals or permits, and enforce state and federal regulations. It shall also be the city's responsibility to report any suspected violations to the appropriate federal and state agencies.

(2)

All activities of the use shall be conducted within completely enclosed buildings. Storage may be permitted outside in areas completely enclosed by buildings or solid, uniformly finished screen walls. Such screen walls shall be architecturally compatible with other structures on the property. No stored materials shall be higher than the surrounding buildings or screen walls.

(3)

Minimum site area.

a.

Each development site within this district must be at least eight acres in size with at least 300 feet of frontage on a public street. Each development site may be developed as a separate use or in accordance with an overall park development plan or subdivision plan encompassing two or more development sites. One or more principal buildings may be placed on a development site.

b.

Each development site in this district may be further subdivided into individual building lots which are at least two acres in size with at least 200 feet of frontage on a public street or private roadway.

1.

Such lots shall be subdivided in accordance with chapter 40, subdivision regulations of the City Code.

2.

The design standards in chapter 40 may be modified, or additional standards may be required as necessary to accommodate appropriate uses and ensure their compliance with the purpose and standards of this district.

(4)

Minimum setbacks.

a.

Exterior development site boundaries.

1.

Buildings, screen walls, and opaque fences shall be set back an average distance equal to the projected building width from all existing and proposed major streets and other existing public streets, and a distance equal to 25 percent of the projected building width from other exterior development site boundaries. No building screen wall or fence shall be located closer than 75 feet from any public street or closer than 50 feet from any exterior development site boundary. Projected building width shall be a distance equal to the continuous length of all buildings, screen walls, and opaque fences projected perpendicular to the adjacent property line.

2.

Portions of buildings in excess of 20 feet in height shall be set back an additional distance equal to the height of the structure in excess of 20 feet.

3.

Parking spaces, loading spaces, and driveways shall be set back at least 75 feet from all existing and proposed major streets and other existing public streets, and at least 50 feet from all exterior development site boundaries, as appropriate, except for the segment of the driveway which must penetrate through the required setback area to provide access to a public street or private roadway.

b.

Individual subdivided lots.

1.

Buildings, screen walls, fences, parking spaces, loading spaces, and driveways located around the perimeter of a development site shall meet the setback requirements above from exterior development site boundaries.

2.

Buildings, screen walls, and opaque fences shall be set back a distance equal to the projected building width from all public streets. No building, screen wall, or fence shall be located closer than 50 feet from a public street right-of-way or closer than 25 feet from a private drive or any other property line.

3.

Portions of buildings in excess of 36 feet in height shall be set back an additional distance equal to the height of the structure in excess of 36 feet.

4.

Parking spaces, loading spaces, and driveways shall be set back at least 75 feet from an existing and proposed major street right-of-way, at least 50 feet from any other public street right-of-way, and at least 25 feet from a private drive or any other property line except for the segment of a driveway which must penetrate through the required setback area to provide access to a public street or private roadway.

c.

Shared parking and access facilities, as permitted in paragraph (10) below, shall be exempt from the setback standards above.

(5)

Maximum height.

a.

No building shall exceed four stories or 64 feet in height; except, on parcels eight acres or more in size, buildings may be up to six stories or 84 feet in height, subject to an approved special use permit as provided by article II, division 3 of this chapter.

b.

No screen wall shall exceed 20 feet in height.

c.

No fence shall be higher than four feet in a front yard or an exposed side yard on a corner lot, or eight feet in a side or rear yard.

(6)

Maximum floor area. Total gross floor area for all buildings shall not exceed a figure equal to 40 percent of any individual development site or subdivided lot.

(7)

Maximum ground coverage. Total ground coverage shall not exceed a figure equal to 50 percent of any individual development site or subdivided lot.

(8)

Parking requirements. On-site parking and access facilities shall be provided in accordance with the standards specified in article VIII, off-street parking requirements of this chapter, except that the following minimum ratios shall apply for uses in this district.

a.

Office uses and retail activities. One parking space for each 300 square feet of net floor area in all principal buildings.

b.

Laboratories, design, and research facilities. One parking space for each 500 square feet of gross floor area in all principal buildings, or one space for each employee per work shift, whichever provides the greatest number of parking spaces.

c.

Assembly and manufacturing uses. One parking space for each 500 square feet of gross floor area in all principal buildings, or one space for each employee per work shift, whichever provides the greatest number of parking spaces.

d.

An appropriate number of oversized parking spaces for vehicles larger than typical passenger cars and trucks shall be provided in addition to the requirements above.

(9)

Loading space requirements. An appropriate number of on-site loading spaces shall be provided for all uses in this district according to the following standards:

a.

Loading spaces shall be at least ten feet wide, 25 feet long and 15 feet high, exclusive of access drives.

b.

Loading spaces shall be constructed in accordance with the paving and design standards that apply to parking spaces under the provisions of article VIII of this chapter.

c.

Loading spaces shall be placed and designed to minimize their visibility from properties outside this district.

(10)

Access requirements.

a.

Access within a development site may be provided via either a public street or private roadway, constructed of materials adequate to permit its year-round usage by heavy trucks.

b.

One access point to an external public street shall be permitted for each development site, unless additional access points are necessary because of the size of the parcel, the expected number of trips generated, or the operating characteristics of the public street or adjacent uses.

c.

Public streets or private roadways may be built along exterior lot lines to serve two or more adjacent properties if each property is within, or planned to be within, this district and if adequate provision is made to ensure that such shared facilities will be perpetually available to each property.

d.

Public streets and associated rights-of-way shall meet the standards for local streets in chapter 40 of this Code.

e.

Public streets may be required where the facility will provide access through the development site to other public streets.

f.

Private roadways shall meet the standards for local streets in chapter 40 of this Code, except that no public right-of-way is required.

g.

Sidewalks shall be provided along all adjacent public streets and to each lot and principal building within a development site. Such sidewalks shall be constructed according to local standards and shall not be placed closer than seven and one-half feet from the back of a curb along a public street or private road.

h.

One driveway access shall be permitted for each subdivided lot within a development site, unless additional driveways are necessary because of operating characteristics of the proposed use or adjacent facilities. Subdivided lots shall be arranged to provide access only from streets or roadways internal to the development site where practicable.

i.

Shared driveways, parking, and access facilities serving two or more adjacent lots are encouraged and permitted where adequate provision is made to ensure such shared facilities will be perpetually available to each lot.

(11)

Building and site improvements. It is intended that property within this district be developed in an attractive manner, to create a park-like atmosphere which is visually compatible with adjacent uses. To this end, buildings, other site improvements, and yard areas shall be developed in compliance with the following requirements:

a.

All building walls and screen walls which face the exterior of the development site, public streets, or private roadways, shall be architecturally finished with attractive, durable materials such as textured concrete, masonry, stone, brick, finishing wood, stucco, or glass to project an appearance comparable to a quality office building.

b.

The placement, shape, and architecture of buildings and screen walls shall be designed to minimize the apparent bulk of the development.

c.

The design and siting of buildings and other improvements shall complement the natural terrain and significant vegetation.

d.

The design of buildings, screen walls, and fences on each development site or subdivided lot shall be complementary and compatible to create a unified development image.

e.

The development of each development site or subdivided lot within a development site shall be designed to create a compatible, unified image.

f.

All yard areas shall be improved with a variety of trees, shrubbery, and ground cover to create attractive natural buffers between adjacent uses and properties.

g.

The placement of sculpture, fountains, and similar improvements in the yard area is encouraged, and is exempted from the setback requirements in subsection (4) above.

h.

All parking and loading facilities shall be screened in accordance with the provisions in article IX of this chapter.

i.

On-site stormwater retention facilities shall be improved to create an attractive appearance.

(Code 1994, ch. 55, § 5.87; Ord. No. 970, pt. VIII, 4-3-2001; Ord. No. 1033, § 5.87, 5-20-2003; Ord. No. 1313, 3-4-2014)

No permit shall be issued to establish, construct, reconstruct, expand, or structurally alter any use or building permitted in this district until all of the following provisions are met:

(1)

The necessary site plan and/or special use permit shall first be approved.

(2)

Evidence shall be submitted that all state and federal agencies which may regulate the proposed use have been notified of the nature, extent, and location of the proposed use and have issued appropriate approvals.

(3)

Where two or more development sites are to be developed together in accordance with an overall plan, or where one development site is to be subdivided into individual lots, evidence shall be submitted, signed by the owners of all property involved or their legal representatives, showing that the remaining portions of the property shall be developed in accordance with the purpose and specific provisions of this district. Such evidence shall include, at a minimum, the following information:

a.

An overall development plan showing the size and layout of individual development sites and subdivided lots, existing and proposed public streets and private roadways, existing and proposed utility systems, and other site features such as landscape buffers and stormwater retention areas.

b.

Covenants, deed restrictions, or other legally binding agreement showing that individual development sites and subdivided lots will be improved and developed in accordance with the building and site improvement requirements of this district.

c.

An anticipated strategy and schedule for the development of the development site and the construction of required improvements.

(4)

In addition, for subdivided lots, the required final plat shall first be approved and recorded.

(Code 1994, ch. 55, § 5.88; Ord. No. 1033, § 5.88, 5-20-2003; Ord. No. 1061, 2-7-2006)