The purpose of this district is to provide for large-scale and center-type commercial development having a metropolitan or regional trade area. This type of development is appropriate to situate near or adjacent to an interchange, on a site having direct access to a state trunk line or country primary roadway. All commercial development within this district shall be serviced by a public water supply and a public sanitary sewer. The public water supply shall be capable of providing fire protection meeting standards of the Michigan Insurance Services Office (ISO) and codes promulgated by the National Fire Protection Association (NFPA) and shall be further capable of meeting these standards for existing and planned land uses within residential neighborhoods having proximity to the commercial center. The sanitary sewer service shall have capacity to collect wastewater from the center together with existing and planned land use for the entire service area of the sanitary sewer district in which the sewers are located. It is expected that commercial development occurring within this district will be of superior quality as to appearance, function and on-going maintenance.

The following uses are permitted by right in this district, subject to applicable site development standards and site plan review by the planning commission:

A.

Shopping center.

B.

Department store or "big box" retailer.

C.

Hotel and motel.

D.

Free-standing restaurant.

E.

Office.

F.

Retail and discount stores for the sale of consumer products such as but not limited to hardware, paint, clothing, shoe store, grocery store, drugs, notions, gifts, books and jewelry.

G.

Business service establishments such as but not limited to office supplies, office machine sales/service, copy and printing services and similar business services.

H.

Personal service establishments such as but not limited to hair and beauty salon, barber, manicurist, and similar uses.

I.

Professional service establishments such as but not limited to doctor, dentist, attorney and realtor but not laboratories, medical center or other non-office functions.

J.

Financial institution or equity brokerage house.

K.

Gas station and/or convenience store as part of a planned development, not including vehicle repair or service.

L.

Convention center.

M.

Indoor places of amusement, entertainment, or recreation.

[N.

Reserved.]

O.

Theaters, concert halls or similar places of assembly when conducted completely in enclosed buildings.

(Ord. No. 4-2024, § 4, 6-13-2024)

The following uses may be permitted following approval of a special use permit as provided in article 10:

A.

Any business having customer services at an automobile drive-through window or dispensing machine or automated teller or customer service unit within 200 feet of a residence or residential zone.

B.

Restaurants or similar uses where the majority of customers remain within their vehicles for service, including drive-in theaters.

C.

Telecommunications towers in accordance with section 10.27 of this ordinance.

D.

A marijuana processor as authorized by article IV of chapter 18 of the Emmett Charter Township Code of Ordinances.

E.

A marijuana provisioning center as authorized by article IV of chapter 18 of the Emmett Charter Township Code of Ordinances.

F.

A marijuana secured transporter as authorized by article IV of chapter 18 of the Emmett Charter Township Code of Ordinances.

G.

A marijuana safety compliance facility as authorized by article IV of chapter 18 of the Emmett Charter Township Code of Ordinances.

H.

Small principal-use SES, subject to section 10.53.

I.

Outdoor places of amusement, entertainment, or recreation.

(Ord. No. 1-2018, § 7, 3-22-2018; Ord. No. 5-2018, § 7, 9-13-2018; Ord. No. 3-2023, § 9, 4-13-2023; Ord. No. 4-2024, § 5, 6-13-2024; Ord. No. 7-2024, § 1, 11-14-2024)

Editor's note— Ord. No. 7-2024, § 1, adopted Nov. 14, 2024, amended the title of § 15Aa.03 to read as herein set out. The former § 15A.03 title pertained to conditional uses.

The following site development standards shall apply in all "RC" districts:

A.

Minimum lot area.

1.

Shopping center with 100,000 square feet or less, three acres.

2.

Shopping center with 100,000 square feet or more, five acres.

3.

Free-standing department store or big box retailer, two acres.

4.

Convention center, five acres.

5.

All other uses, 1½ acres, unless incorporated as part of a unified site for which an overall site development plan has been approved by the planning commission.

B.

Lot coverage. The maximum building area to lot area coverage ratio shall be 25 percent. The combined building and paved surface coverage on any lot or parcel shall not exceed 85 percent of lot area when no on-site stormwater detention is required nor more than 75 percent of lot area when on-site stormwater detention is required.

C.

Setback requirements.

1.

Shopping center, department store or big box retailer shall not be closer than 125 feet to any property line where abutting a residential district or use.

2.

Free-standing building in connection with shopping center.

a.

Roadside setback of 30 feet without front yard parking or 75 feet if front yard parking included on the site.

b.

Side yard not less than 50 feet each side when abutting a residential district or use; otherwise 20 feet.

c.

Rear yard of not less than 50 feet when abutting a residential district or use; otherwise, 20 feet.

3.

All other buildings/uses.

a.

Front yard not less than 50 feet.

b.

Side yard not less than 50 feet each side when abutting a residential district or use; otherwise 20 feet.

c.

Rear yard not less than 50 feet when abutting a residential district or use; otherwise 20 feet.

D.

Building height. The height of any building or structure constructed in this district shall not exceed 45 feet, except as otherwise provided in this ordinance. Upon planning commission approval, building height may be increased one foot for each foot of additional setback up to a maximum of 60 feet.

E.

Off-street parking and loading.

1.

Off-street parking for planned commercial shopping centers shall be provided at a ratio of not less than five spaces per 1,000 square feet of gross leasable floor area. All other uses in the RC district shall provide parking per article 9. The planning commission, upon a showing that the parking standards are excessive to meet practical needs associated with the proposed use, may waive up to 20 percent of the required parking.

2.

Loading spaces shall be provided as required in section 9.07 of this ordinance. Whenever it is demonstrated to the planning commission that fewer loading spaces or loading docks than required by this ordinance will adequately serve the building, the commission may permit fewer loading spaces.

Loading areas shall be screened as to view from any public street or any area planned for or used for residential use. Such screening shall consist of earthen berm or earth embankment in combination with evergreen trees of sufficient height to screen completely any vehicle or trailer located within the loading space. Fences or screening walls in combination with evergreen plantings may be approved at the planning commission's discretion if site considerations preclude the use of berms, and if appropriate screening can be achieved.

Semi-truck/trailers on site shall not be left idle while waiting to load or unload goods or while parked anywhere on the site. The truck access route across the site to the loading area shall be clearly identified using approved traffic control signage.

F.

Landscaping and screening. Landscaping and screening shall be provided as required within article 7A of this ordinance.

G.

Site drainage. All portions of the site shall be adequately drained and shall comply with the water resources commissioner's storm water management standards. When public drains are available, the site drainage system shall be of adequate capacity to meet a 25-year storm frequency with on-site detention and shall have a public drain outlet adequate to meet a 25-year storm frequency. The drainage system shall provide for sediment basins to capture silt prior to the stormwater leaving the site. Where public drains are not available, on-site retention shall be provided in such a way as to preclude drainage of water onto adjacent property or toward buildings and shall be subject to engineering approval by the township or the designee. All open storm water retention/detention facilities shall have side slopes not more than one-foot vertical distance for each three feet of horizontal distance from the bottom of the basin to the highest bank elevation surrounding the basin. In addition, all stormwater retention/detention areas shall be designed into the site landscape as an aesthetic feature for the site. Square or rectangular design of these basins is not acceptable, rather they shall be curvilinear or free-form in shape.

H.

Outdoor storage/display. Whenever permanent outdoor storage or display of materials or merchandise for sale is proposed for any portion of a development site, the area of such storage or display shall be enclosed by a wall or fence not less than eight feet in height. Permanent outdoor storage and display may not occur anywhere else on the site unless enclosed by a wall or berm as prescribed in this section and only after site plan amendment and approval of the planning commission.

If designated on the final site plan for the complete development, an area for the temporary display and sale of seasonal merchandise such as Christmas trees, pumpkins and fireworks and similar items within a parking lot may be permitted upon approval of the site plan by the planning commission. The seasonal display area shall not obstruct pedestrian or vehicular circulation or access to fire hydrants or designated fire lanes. The seasonal display area shall not be operated, nor shall materials be displayed, more than four months in any calendar year.

I.

Building architecture. All new buildings and structures built in this district shall be designed to incorporate architectural design with a natural appearance that is harmonious with surrounding buildings and the landscaped environment. The exterior shall be constructed using horizontal wood siding, wood, stone brick, brick veneer or masonry other than standard and/or painted cement blocks which are prohibited on any wall face. The use of vinyl or aluminum siding is acceptable provided it simulates the appearance of horizontal wood siding. Large unbroken wall masses are to be avoided and building orientation should incorporate a campus-type atmosphere. The planning commission may consider and approve alternative materials or designs which achieve the same desired appearance.

J.

Permitted signs. Within this district, signs not expressly permitted are prohibited. Permitted signs include:

1.

Wall sign. Each wall sign installed in this district shall be internally lit. A wall sign is permitted for each exterior wall of a building housing a single business and for each separate storefront within a building having more than one business within its walls. A wall sign may not project more than 18 inches from the wall on which it is mounted and shall not be less than eight feet above the ground. The combined area of all wall signs shall not exceed ten percent of the wall to which it is affixed. A wall sign may not be placed so as to extend above the roofline of the building to which it is attached nor may it be mounted on the roof deck.

2.

Ground-mounted, free-standing sign; shopping center. One ground-mounted, free-standing sign shall be permitted for each approved shopping center. If the center has more than one public road frontage, then one sign shall be permitted for each such road frontage. The sign(s) location shall be shown on the required final site plan. The sign shall be mounted on and attached to a permanent, in-ground, frost-free base. The sign shall have a uniform width throughout its total height. The maximum sign size for a shopping center shall be 300 square feet. This sign may incorporate the name of the center and one or more names identifying tenants. A separate sign identifying any one tenant of the center is specifically prohibited. All such signs shall be internally illuminated. The setback for the center identifying sign shall be 15 feet from any public road right-of-way line and/or private road pavement edge.

3.

Ground-mounted, free-standing sign; building having one business. One ground-mounted, free-standing sign shall be permitted for each unattached building. If the building site has more than one public road frontage, then one sign shall be permitted for each such road frontage. The sign(s) specific location shall be shown on the required final site plan. The sign shall be mounted on and attached to a permanent, in-ground, frost-free base. The sign shall have a uniform width throughout its total height. The maximum sign size for any individual building under 40,000 square feet shall be 120 square feet. The maximum sign size for any individual building over 40,000 square feet shall be 180 square feet. All permitted signs shall be internally illuminated. The setback for the business identifying sign shall be 15 feet from any public road right-of-way line and/or private road pavement edge.

4.

Traffic control signs. Traffic control signs along private drives and on private property. All such signs not located in a public road right-of-way shall be designed and located in accordance with the Michigan Manual of Uniform Traffic Control Devices.

5.

Informational signs. When more than one business is located within a building, wall-mounted or free-standing informational signs not exceeding ten square feet are permitted to identify each such business. Such sign shall be located within 30 feet of the entrance to each business.

K.

Private roads and driveways. Private roadways on commercial development sites which are not within a parking lot and which are intended in part for semi-truck operations shall be constructed using deep-strength pavement specifications. On the perimeter of a parking area, the roadway shall be separated from any parking space by a raised concrete curb and shall have not less than ten feet of separation between the roadway and any vehicle parking space, which can be used to accommodate required landscaping.

L.

Pedestrian circulation/bus stop. For any planned shopping center, a bus stop/shelter may be required at a location on the [site] specifically approved by the planning commission on advice of the Battle Creek Area Transit Authority. A sidewalk and/or marked pedestrian way shall be provided from the main entry to the bus stop.

M.

Site lighting. Lighting for all sites in this district shall conform to the following standards:

1.

Light fixtures and the standards to which they are mounted shall not exceed a height of 35 feet for the interior areas of parking lots and entrances to public streets; and shall not exceed 25 feet for perimeter lighting.

2.

All light fixtures shall be of a design having hoods or shields and oriented so light does not shine directly onto an adjoining property, public roadway or be set in such a manner as to cause visual interference with the motoring public.

3.

Proposed site lighting levels shall be depicted on a site illumination plan to be submitted with the required final site plan.

N.

Vehicular access management.

1.

Intent and purpose. This section is intended to regulate the number, location, and design of access points onto a county primary road or state trunk line highway from property located in this zoning district. The standards within this section are intended to assist in preserving traffic-carrying capacity of the roadway serving large-scale commercial development and lessen the potential for accidents. The standards are further intended to (a) minimize disruptive and potentially hazardous traffic conflicts and side friction along the thoroughfare thereby reducing the frequency of fatal injury and property damage accidents, (b) provide practical spacing between access points and between access points and intersections, (c) establish uniform standards within this district to ensure fair and equal treatment among the several property owners of business, (d) implement the goals and policies of the Emmett Charter Township Master Plan and (e) assure coordinated land access decisions as between the Michigan Department of Transportation, the Calhoun County Department of Community Development and Emmett Charter Township.

2.

Definitions.

a.

Access point. An access point includes vehicular access (driveway, private road or public road) except for those serving one- or two-family dwellings or serving an essential public utility structure.

b.

Corridor. Any segment of a county primary roadway or state trunk line highway which abuts this zoning district. The corridor for purposes of this ordinance shall include all road right-of-way and abutting lands.

c.

Road agency. The agency with jurisdiction over the road segment(s) abutting or lying within this zoning district.

d.

Service drive. A drive designated to provide shared access to specific access points along the public roadway within the corridor, said drive used by one or more parcels, buildings or developments within the corridor. A service road is generally parallel to the public roadway within the corridor along either the front or rear of private property, but may be perpendicular or have an alternative alignment.

3.

Special access approval process for new development within this district. To assure uniform and consistent review by the township and the road agency, the following procedure shall be followed: (a) an applicant for a new access point shall submit a site plan, preliminary site condominium plan or plat plan to the township who will then forward the plan to the road agency with jurisdiction not less than 21 days prior to the township planning commission meeting at which the plan is to be considered. If not submitted in the time prescribed, the plan review shall be scheduled for a subsequent meeting by the commission; and (b) the applicant may also be required to submit a traffic impact study as described herein together with specific design of the access point. The planning commission will receive the requirements of the road agency with respect to their [its] site plan review and incorporate this review as part of the Emmett Township review process.

4.

Number of access points. The number of access points (commercial driveways) serving a property shall be the minimum number necessary to provide reasonable access while preserving traffic operations and safety along the public roadway. Access may be required via an individual access point, shared access or access via a shared service drive.

One access point along the corridor segment shall be allowed for each 400 feet of public road frontage. Any parcel having less than 400 feet shall join with an abutting property to effect a shared access point or service drive. All access points shall be designed and constructed to standards required by the road agency.

Access points will not be permitted to locate closer than 300 feet to an intersection of two public roads, as measured along the right-of-way line, nor shall such access point be located closer than 300 feet to the intersection of a public road and private road, as measured along the right-of-way line to the edge of pavement of a private road.

Based on a complete traffic impact study provided by the applicant, the planning commission and the road agency may agree additional access can be had without compromising safety or traffic operations along the public roadway. The traffic impact study shall be prepared by a professional engineer or transportation planner and, at a minimum, include the following information: (a) analysis of existing traffic conditions and volume capacity using current data; and (b) projected trip generation at the subject site and along the public road segment to which access is proposed using comparable data from the most recent edition of the Institute of Transportation Engineer's Trip Generation Manual. The township or the road agency may approve use of or request recent comparable data from similar uses in the State of Michigan; and (c) illustrations of current and projected turning movements at the access point(s). Capacity analysis shall be completed based on the most recent version of the Highway Capacity Manual and shall be included as an appendix to the report; and (d) a statement describing how the additional access will meet the intent of this ordinance, assure public safety and preserve traffic-carrying capacity along the roadway including the ability of the applicant to utilize shared access or other alternatives; and (e) qualifications of the author, describing education and prior experience in preparing traffic impact studies in the State of Michigan.

5.

Service drives. Whenever a service drive is required in lieu of individual access points, the service drive shall be designed, constructed and maintained according to the following standards:

a.

Width. Two-way traffic with minimum 24 feet of pavement width.

b.

Reciprocal access easement. The service drive easement shall be recorded with the Calhoun County Register of Deeds and shall describe each parcel of land benefiting from and using the service drive.

c.

Construction materials. All construction materials and specifications shall be in accordance with standards of the Michigan Department of Transportation (MDOT).

d.

Access points. The number of access points to the public road from the service drive shall be in accordance with the spacing standards herein; however, the planning commission (or road agency) may allow a temporary access where the service drive is not complete if a performance bond or irrevocable letter of credit is filed with the township and is of sufficient value to assure completion of the service drive within 12 months or as agreed to by the planning commission.

e.

Access storage. Each access point shall provide a minimum of 80 feet of vehicle storage (stacking) from the edge of public street pavement.

f.

Parking and loading. Vehicle parking or loading/unloading functions shall not be permitted within any portion of the service drive.

g.

Pavement markings. Pavement markings (lanes, turn arrows, directional, etc.) are required to assure safe and efficient traffic circulation. The property owner is required to maintain markings in good, visible condition.

6.

Existing development within the district. In the event of expansion, alteration or redesign of an existing development, all driveway or service road requirements of this ordinance shall be complied with. Where it can be demonstrated that adherence to the requirements of this ordinance would not be possible, the standards may be modified if approved by the planning commission and the road agency but only if the following criteria are met:

a.

Such modification(s) is the minimum amount necessary;

b.

The modification will meet the intent of this ordinance;

c.

The use is no more intense as to traffic generation than existed previously;

d.

The traffic-carrying capacity of the adjacent public road is not impaired;

A traffic impact study as defined herein is prepared and submitted along with the request for modified standards.