Fennville City Zoning Code
ARTICLE 11
CBD Central Business District
§ 450-1101 Statement of purpose.
A.
Purpose and intent. The CBD Central Business District is intended to permit a variety of commercial, administrative, financial, civic, cultural, residential, entertainment, and recreational uses in an effort to provide the harmonious mix of activities necessary to further enhance the Central Business District as a commercial service center. The CBD is also intended to accommodate "Mainstreet" human-scale developments in comfortable mixed-use patterns. The purpose of the district is to enhance the community core by providing mixed uses, commercial uses serving the local area, and appropriate public and semi-public activities. Development within the CBD shall:
(1)
Be designed in such a manner that will lead to compatible, efficient, and attractive uses of property.
(2)
Encourage unique retail, office, and residential use alternatives.
(3)
Establish a design palate that will define the community character and generate an identity for the downtown.
(4)
Facilitate pedestrian-oriented development using design options such as sidewalk cafes, rear parking, and enhanced landscape criteria.
(5)
Comply with building and site design standards as required by this chapter.
§ 450-1102 Principal permitted uses.
A.
In the CBD Central Business District, no uses shall be permitted unless otherwise provided in this chapter, except the following:
(1)
Appliance repair and sales.
(2)
Bakery or confectionery.
(3)
Coffee shop, delicatessen, or cafe.
(4)
Craft and hobby supply stores.
(5)
Laundromats.
(6)
Personal service establishments, such as barber shops, beauty shops, and nail salons.
(7)
Financial institutions (without drive-thru).
(8)
Artisan/maker spaces (e.g., photography, interior design, etc.).
(9)
Professional offices, including finance, banks, insurance, real estate, engineering, accounting, medical, and dental.
(10)
Restaurants, bars, pubs, and taverns (without drive-thru).
(11)
Any retail business whose principal activity is the sale, resale, or rental of merchandise within a completely enclosed building.
(12)
Government buildings.
(13)
Mixed-use buildings (i.e., commercial, office, and/or residential uses combined in one structure).
(a)
Ground floor residential permitted only on rear portion of the building. All street-facing facades shall be commercial or office space.
(14)
Other uses which are similar to the above and subject to the following restrictions:
(a)
All business establishments shall be retail or service establishments dealing directly with consumers. Goods located on site shall have the ability to be bought and sold on the premises.
(b)
All business servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.
(c)
Storage of commodities shall be within a building and shall not be visible to the public from a street or thoroughfare.
§ 450-1103 Accessory uses.
A.
In the CBD Central Business District, no accessory uses shall be permitted unless otherwise provided in this chapter, except the following:
(1)
Home occupations, Class I. (§ 450-511)
(2)
Accessory buildings and uses customarily incidental to the above principal permitted uses.
(3)
Off-street parking structures.
(4)
Outdoor seating, dining, and patios accessory to restaurants and other similar establishments.
§ 450-1104 Special land uses.
A.
In the CBD Central Business District, no special land uses shall be permitted unless otherwise provided in this chapter, except the following:
(1)
Cinemas, concert halls, theatres, and other similar places of assembly, excluding religious institutions.
(2)
Day care center or child care center. (§ 450-1412)
(3)
Home occupations, Class II. (§ 450-511)
(4)
Hotels and motels. (§ 450-1419)
(5)
Publicly owned and operated parks, playfields, and other recreational facilities.
(6)
Residential and mixed-use planned unit developments and site condominiums. (Article 21, Article 22)
(7)
Schools.
(8)
Short-term rentals. (§ 450-1425)
(9)
Wireless communications facilities. (§ 450-1429)
(10)
Other land uses as deemed similar to those above by the City Zoning Administrator, or their designee.
§ 450-1105 Site plan approval.
A.
Site plan approval required. For all permitted uses and uses subject to a special use permit, a site plan shall be submitted in accordance with Article 18.
§ 450-1106 Area, height, bulk and placement requirements.
A.
No building or structure, nor enlargement of any building or structure, shall hereafter be constructed or placed unless the following requirements are met and maintained for any building, structure, or enlargement.
The table below includes the Schedule of Regulations for all developments in the CBD District. Unless otherwise specified, the requirements below shall be considered as the minimum necessary to achieve compliance. |
Schedule of Regulations | |
Minimum front yard | 0 feet |
Minimum side yard | 0 feet |
Rear yards | Where rear abuts a residential district and the districts are not separated by an alley or street - 10 feet. Otherwise, 0 feet. |
Maximum lot coverage | 100% |
Maximum building height | 3 stories or 40 feet, whichever is greater |
Minimum lot area | None |
Minimum lot width | None |
§ 450-1107 Downtown Design Review Committee.
A.
The City Commission shall appoint a Downtown Design Review Committee (DDRC) for all development and redevelopment projects and proposals in the CBD. The DDRC shall be supported and/or staffed by the City Administrator, Zoning Administrator, Planner, or their designee.
(1)
Members shall serve two-year terms. There is no limit to the number of consecutive terms a Committee member may serve.
(2)
The DDRC may contract and/or assign some of the DDRC's administrative duties, but not decision authority, to qualified design professionals as needed. It will be the duty of the DDRC to consider and act upon such proposals or plans submitted to it in accordance with the design requirements established by this article.
(3)
The architectural and dimensional standards as required herein shall be considered minimum requirements. Upon determination that additional development conditions are necessary to achieve the intended character within the CBD, the DDRC shall have the authority to require additional building and site design standards above the minimums required by this article.
(4)
The DDRC will meet monthly or as needed to properly perform its duties. After a quorum is reached, the DDRC actions on matters will be subject to a majority vote of members present. The DDRC will keep and maintain a record of all actions taken, and shall be subject to Act 267 of 1976, the Open Meetings Act, as amended.[1]
[1]
Editor's Note: See MCL 15.261 et seq.
(5)
All development within the CBD shall be subject to review by the Downtown Design Review Committee as part of the site plan approval process. Applicants shall submit an application and an additional five copies of all site plans to the City Clerk at least 14 days prior to the Downtown Design Review Committee meeting.
(6)
The DDRC shall review applications in accordance with this section and shall present recommendations to the Planning Commission pertaining to site plan approval and potential conditions of approval. Final approval authority shall reside with the Planning Commission in accordance with Article 19.
B.
All new development and redevelopment within the CBD shall meet the following standards:
(1)
Development area. The development area is the portion of a development site where all building improvements will be made. Except for publicly owned park property, each improved lot in the CBD shall contain a development area consisting of no less than 50% of the total lot area. The development area may consist of buildings, structures, parking areas, sidewalks, plazas or patios, driveways, and any other man-made impervious surfaces.
(2)
Open area. Any part of a lot that is not a development area shall be deemed an open area. No above ground building, parking area or driveway shall be located in an open area. Landscaping, signs, and utilities may be located in an open area.
(3)
Building area. The building area may be divided into any number of retail or commercial units. The DDRC may approve phased projects. In such cases, the applicant shall provide the phasing schedule to the DDRC for review and approval.
(4)
Height. Buildings facing Main Street shall have a minimum height of the lesser of 1 1/2 stories or 15 feet and a maximum height of the greater of three stories or 40 feet.
(5)
Approvals. The DDRC shall review applications in accord with this section and shall present recommendations to the Planning Commission pertaining to site plan approval and potential conditions of approval. Final approval authority shall reside with the Planning Commission in accordance with Article 19.
§ 450-1108 Architectural standards.
A.
Applicability. Development within the CBD shall meet the following general standards:
(1)
General building standards. Buildings shall be designed to relate well to other structures in the CBD area.
(a)
Materials. Building facade materials shall include wood, brick or stone, stucco, and approved ornamental metal. Synthetic materials such as vinyl or aluminum siding shall be prohibited.
(b)
Aesthetics. All structures shall reflect and complement the traditional materials, aesthetic character, and construction techniques generally found in the vicinity and greater Allegan County region. Buildings shall be appropriate in scale and relation to existing structures.
(c)
Windows. Display windows comprising 50% or more of the store facade are required for first floor retail and restaurant uses, facing Main Street. Buildings shall be oriented to block parking lots from view from the street where possible.
(d)
Building colors. For building renovations and additions, exterior finish materials and colors used shall be consistent, or compatible, with the character of the surrounding district to create a uniform and recognizable identity. Wherever possible, harmonization of colors is preferred. This standard shall not be interpreted as prohibiting the incorporation of public art, such as a mural, to buildings or sites.
(e)
Fire protection. New buildings shall incorporate sprinkler systems for fire protection purposes, unless the City of Fennville Fire Department approves a different method of fire protection.
(2)
Expansions of developed sites. Nonconforming structures existing prior to the effective date of adoption of these standards may be expanded or improved as follows:
(a)
Less than 25% of existing condition. Any development activity on a developed site that would increase the floor area of the existing building or the area of existing site improvements by less than 25% need not comply with the requirements of this article. However, any improvements should result in the site being more compliant and shall not result in the site being less compliant, with the requirements of this article.
(b)
Twenty-five percent or greater of existing condition. Whenever a building or site improvement expansion of greater than 25% of the existing condition is proposed, the activity shall comply with requirements as described herein.
(3)
Redevelopment of existing sites. Redevelopment of existing buildings and sites existing prior to the effective date of adoption of these standards may be expanded or improved as follows:
(a)
Less than 50% of existing condition. Whenever 50% or less of the existing building will be demolished, replaced, or renovated, the development activity need not comply with the requirements of this section. However, any changes that may occur as a result of the development activity should result in the site being more compliant and shall not result in the site being less compliant with the requirements of this article.
(b)
Fifty percent or greater of existing condition. Whenever more than 50% of an existing building will be demolished or replaced, the development activity shall comply with all of the requirements as described herein.
(c)
Waiver of requirements. The DDRC may grant waivers from certain requirements of this section. Waivers under this article are separate from dimensional variances, and intended to permit reasonable use of property where the strict application of the requirements of this section would not further the public purpose and an altered design standard will still meet the intent and purpose of this article. The DDRC shall provide written justification of such waived requirements to the Planning Commission prior to site plan review. The Planning Commission may accept or deny waived requirements.
[1]
Waivers permitted.
[a]
Architectural standards. The DDRC may waive up to three architectural standards per project provided in this § 450-1108.
[b]
Materials. The DDRC may modify the material standards.
[2]
Waivers not permitted.
[a]
Minimum or maximum building height. The DDRC shall not grant waivers to approve a different standard for minimum and maximum building heights as required in this article.
(d)
Application and review procedures. The applicant shall clearly identify all requested waivers on the application and site plan. The DDRC shall evaluate the requested waivers and approve, approve with conditions, or deny the waiver request. In evaluating a waiver request, the DDRC shall take into account the following considerations:
[1]
Approval of the waiver will not result in development that is incompatible with or will negatively impact existing or potential future development in the vicinity of the property to be developed.
[2]
The requested waiver is consistent with the intent and purpose of this article.
[3]
The waiver will result in a superior development when compared with what could be achieved through the strict application of the requirements of this article.
[4]
A lesser waiver will not accomplish the same purpose as the requested waiver.
B.
Conflicts. The architectural standards in this article are meant to complement and supplement applicable standards found elsewhere in this chapter. Where conflicts exist between this article and other sections of this chapter, the standards in this article shall govern.
C.
Building form. All buildings within the CBD shall conform to the following requirements:
 |
(1)
Base, middle, top. All buildings shall incorporate a base, middle, and top, as applicable.
(a)
Base. The base shall include an entryway with transparent windows and a horizontal expression line, such as a molding or reveal, defining the transition between the ground floor and upper stories. The molding or reveal shall have a depth of at least two inches and a height of at least four inches. If a one-story building is proposed, the horizontal expression line is not required.
(b)
Middle. The middle may include windows, bays, or balconies that are located between the reveal and the top area.
(c)
Top. The top includes the wall area from the bottom of the roof structure to the top of the parapet wall of the building. The building roof shall be defined by a cornice, roof overhang, or other terminating feature.
(2)
Unified storefront design. If a building has several storefronts, they should be unified in design treatment, such as the design of windows and door openings, materials, and colors, to the greatest extent possible.
(3)
Blank walls. Blank facades are not permitted. All public facades must provide windows and facade offsets or breaks (such as vertical pilasters, columns, or other architectural elements) to break up the scale of the building. Distance between breaks shall be consistent with the scale and rhythm of adjacent buildings.
(4)
Alignment. Windowsills, moldings, and cornices shall substantially align with those on adjacent buildings.
(a)
The bottom and top line defining the edge of the windows (the "windowsill alignment") shall not vary more than two feet from the alignment of surrounding buildings.
(b)
If the adjoining buildings have windowsill alignments that vary by more than two feet from one another, the proposed building shall align with one of the adjoining buildings.
(c)
This requirement may be waived.
D.
Windows.
 Facade Transparency |
(1)
For front and side facades facing a public street, parking area, or pedestrian cut-through or side alley:
(a)
Windows and doors shall comprise at least 50% of the first-floor facade for front facades and 35% of the first floor for side facades.
(b)
Windows shall comprise at least 35% of the total facade area above the first floor.
(c)
Windows above the first floor shall be vertical in proportion, with a height to width ratio of at least two to one.
(2)
For rear facades facing a public street or parking area, windows shall comprise at least 20% of the total facade area. All other rear facades are encouraged, but not required, to meet this standard.
(3)
Double-hung or fixed windows are preferred for all retail applications. Accordion or folding doors and sliding windows may be permitted for ground floor uses to provide indoor-outdoor service, providing adequate sidewalk clearance is provided.
(4)
Ground floor windows (including display windows) shall be comprised of at least 70% transparent glass unless the window is intended for a ground floor residential dwelling unit.
E.
Lighting.
(1)
All light fixtures shall be fully shielded and directed downward.
(2)
The use of electronic displays, LED rope lighting, backlit awnings, and halogen lights shall be prohibited. The DDRC shall make a determination if a lighting type not listed in this section is appropriate in the CBD.
(3)
Building storefronts are permitted soft uplighting to highlight unique architectural features. Building storefronts may also utilize holiday display lighting as deemed appropriate by the DDRC.
F.
Signs. All signs shall comply with standards set forth in Article 18.
G.
Ground floor design.
(1)
Building entrances. Building entrances shall be clearly defined by recessing the entrance, or utilizing elements such as pediments, columns, awnings, overhangs, or solar shades. Any such element shall be architecturally compatible with the style, materials, and colors of the building.
(2)
Building orientation. All buildings shall have their principal entrance or entrances open onto a street, sidewalk, or public space. The principal building entrance shall not open onto a parking lot, although a secondary entrance may be provided to a parking lot.
(3)
At-grade entryways. Primary building entrances shall align with the elevation of the adjacent sidewalk. It is not the intent of this section to preclude the use of below- or above-grade entryways, provided that such entryways are secondary, not principal, building entrances.
H.
Architectural features. For rehabilitation of structures within the CBD that are of historic significance or character, the following standards shall also apply.
(1)
Existing and original storefronts should be retained wherever possible.
(2)
Deteriorated architectural features or historic materials shall be repaired rather than replaced wherever possible.
(3)
Display windows, transom windows, and doors shall not be covered with solid materials such as brick, cladding, paneling, siding, or window air-conditioning units.
(4)
Decorative architectural features, including but not limited to bulkheads, cornices, and window hoods, shall not be removed, altered, or covered.
(5)
Improper solid coverings of decorative architectural features, windows, or doors should be removed and restored to their original state to the greatest extent possible, using natural building materials identified in § 450-1108A(1).
I.
Outdoor seating, dining, and patios.
(1)
All parcels within the CBD and applicable B-1 parcels (§ 450-1207) may have outdoor seating and patio areas as permitted accessory uses to approved principal uses.
(2)
All outdoor seating, dining, and patio areas shall maintain a minimum of five feet of clear path for pedestrians.
(3)
Outdoor seating, dining, and patio spaces shall be enclosed with a decorative railing, fence, planters, or similar barrier material. Outdoor seating enclosures may include an opening for pedestrian ingress or egress.
(4)
Outdoor shading devices, such as umbrellas and retractable awnings, shall not project onto the pedestrian sidewalk. Outdoor shading devices shall maintain a minimum of five feet of clear path for pedestrian movement.