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Greenville City Zoning Code

ARTICLE V

- ZONING DISTRICT REGULATIONS

Sec. 46-154.- R-1 single-family residential district.

(a)

Intent. This section applies to the R-1 single-family residential district. This district is intended to provide a low-density, single-family residential living environment and to foster stable, high quality neighborhoods. At the same time, the regulations for this district recognize the need to preserve existing housing stock, allow the full development of older subdivisions, and provide housing that is affordable for the present and future residents of the city. Certain nonresidential uses are allowed to further the creation of stable residential neighborhoods.

(b)

Permitted uses. Land and/or buildings in the R-1 district may be used for the following purposes by right:

(1)

Single-family detached dwellings.

(2)

Family child care homes.

(3)

Adult foster care family homes and adult foster care small group homes for six or fewer adults.

(4)

Home occupations, in accordance with the provisions of section 46-91.

(5)

Public parks.

(6)

Farms.

(7)

Accessory buildings, structures, and uses.

(8)

Open space neighborhoods within a plat or a site condominium.

(c)

Special land uses. Land and/or buildings in the R-1 district may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter:

(1)

Utility and public service buildings without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

(2)

Private, noncommercial, institutional or community recreation parks and recreation centers.

(3)

Golf courses.

(4)

Public or private nonprofit schools.

(5)

Bed and breakfast inns.

(6)

Hospitals, including associated offices and related uses, such as pharmacies, clinics, and other similar uses integral to such use.

(7)

Adult foster care small group homes for seven to 12 adults and group day care homes.

(8)

Churches, lodges, and private clubs.

(9)

Museums and libraries.

(d)

Site development requirements. All permitted uses and special land uses are subject to the following site development requirements:

(1)

Site plan review is required in accordance with section 46-41.

(2)

Landscaping and screening are required in accordance with section 46-257.

(3)

Parking is required in accordance with section 46-258.

(4)

Signs are permitted in accordance with the requirements of section 46-259.

(5)

Unless not required by any other ordinance, sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards. The planning commission may waive the requirement for a sidewalk when, in the opinion of the commission, no purpose would be served by the sidewalk.

(6)

Setbacks, height, area, and lot dimensions are required as noted below:

Site Development Requirements - R-1 District

District Regulations
Residential Buildings
Minimum lot area 10,000 square feet
Minimum lot width 80 feet
Maximum height 35 feet (2½ stories)
Front yard setback 30 feet
Side yard setback 10 feet (each side)
Rear yard setback 30 feet
Minimum floor area 960 square feet (per unit)
Minimum floor area on ground floor 768 square feet
Maximum lot coverage 30%
Non-Residential Buildings
Minimum lot area 10,000 square feet
Minimum lot width 80 feet
Maximum height 35 feet (2½ stories)
All yard setbacks Same as for residential buildings or equal to height of main building; whichever is greater.
Maximum lot coverage 30%

 

(Prior Code, §§ 15.0501—15.0504; Ord. No. 150, §§ 5.01—5.04, 11-1-1997; Amend: March 2005; Ord. No. 14-02, § 2, 12-2-2014; Ord. No. 24-01, §§ 5, 6, 1-16-2024)

Sec. 46-155. - R-2 single- and two-family residential district.

(a)

Intent. This section applies to the R-2 single- and two-family residential district. This district is intended to provide a low-density, single- and two-family residential living environment and to foster stable, high-quality neighborhoods while providing for additional variety in housing opportunities and choices. At the same time the regulations for this district recognize the need to preserve existing housing stock, allow the full development of older subdivisions, and provide housing that is affordable for the present and future residents of the city. Certain nonresidential uses are allowed to further the creation of stable residential neighborhoods.

(b)

Permitted uses. Land and/or buildings in the R-2 district may be used for the following purposes by right:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings, including conversions of single-family detached dwellings to two-family dwellings.

(3)

Family child care homes.

(4)

Adult foster care family homes and adult foster care small group homes for six or fewer adults.

(5)

Home occupations, in accordance with the provisions of subsection 46-91(6) public parks.

(7)

Accessory buildings, structures, and uses.

(8)

Open space neighborhoods within a plat or a site condominium.

(c)

Special land uses. Land and/or buildings in the R-2 district may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter:

(1)

Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

(2)

Private, noncommercial, institutional or community recreation parks and recreation centers.

(3)

Public or private nonprofit schools.

(4)

Bed and breakfast inns.

(5)

Hospitals, including associated offices and related uses, such as pharmacies, clinics, and other similar uses integral to such use.

(6)

Reserved.

(7)

Churches, lodges, and private clubs.

(8)

Adult foster care small group homes for seven to 12 adults and group day care homes.

(9)

Museums, libraries.

(10)

Mortuaries and funeral homes. Such uses may include a residential dwelling for one family, subject to the minimum floor area requirements of the R-2 district.

(d)

Site development requirements. All permitted uses and special land uses are subject to the following site development requirements:

(1)

Site plan review is required in accordance with section 46-41.

(2)

Landscaping and screening are required in accordance with subsection 46-257.

(3)

Parking is required in accordance with section 46-258.

(4)

Signs are permitted in accordance with the requirements of section 46-259.

(5)

Unless not required by any other ordinance, sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards. The planning commission may waive the requirement for a sidewalk when, in the opinion of the commission, no purpose would be served by the sidewalk.

(6)

Setbacks, height, area, and lot dimensions are required as noted below:

Site Development Requirements Chart - R-2 District

District Regulations
Residential Buildings
Minimum lot area Single family - 8,700 square feet
Two family - 10,000 square feet. For the conversion of a single-family dwelling to a two-family dwelling the lot must contain a minimum of 10,000 square feet with 80 feet of lot width.
Minimum lot width 66 feet
Maximum height 35 feet (2½ stories)
Front yard setback 25 feet
Side yard setback 18 feet total with one side yard being at least 7 feet
Rear yard setback 30 feet
Minimum floor area 720 square feet (per unit)
Minimum floor area on ground floor 720 square feet
Maximum lot coverage 30%
Non-Residential Buildings
Minimum lot area 10,000 square feet
Minimum lot width 80 feet
Maximum height 35 feet (2½ stories)
All yard setbacks Same as for residential buildings or equal to height of main building; whichever is greater.
Maximum lot coverage 30%

 

(Prior Code, §§ 15.0601—15.0604; Ord. No. 150, §§ 6.01—6.04, 11-1-1997; Ord. No. 09-04, § 1, 9-1-2009; Ord. No. 14-02, § 3, 12-2-14; Ord. No. 24-01, §§ 7, 8, 1-16-2024)

Sec. 46-156. - R-3 single- and multiple-family residential district.

(a)

Intent. This section applies to the R-3 single- and multiple-family residential district. This district is intended to provide additional variety in housing opportunities and choices. The R-3 district should also provide high-quality residential dwellings. The regulations for this district recognize the need to provide affordable housing opportunities. Nonresidential uses are only allowed to the extent that they serve to further this end.

(b)

Permitted uses. Land and/or buildings in the R-3 district may be used for the following purposes by right:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings, including conversions of single-family dwellings to two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Housing for the elderly.

(5)

Family and group child care homes.

(6)

Adult foster care family homes and adult foster care small group homes.

(7)

Home occupations, in accordance with the provisions of section 46-91.

(8)

Public parks.

(9)

Accessory buildings, structures, and uses.

(c)

Special land uses. Land and/or buildings in the R-3 district may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter:

(1)

Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

(2)

Private, noncommercial, institutional or community recreation parks and recreation centers.

(3)

Public or private nonprofit schools.

(4)

Bed and breakfast inns.

(5)

Hospitals, including associated offices and related uses, such as pharmacies, clinics, and other similar uses integral to such use.

(6)

Nursing, or convalescent homes.

(7)

Churches, lodges, and private clubs.

(8)

Museums, libraries.

(9)

Adult foster care large group homes and homes for the aged.

(10)

Community service centers.

(d)

Site development requirements. All permitted uses and special land uses are subject to the following site development requirements:

(1)

Site plan review is required in accordance with section 46-41.

(2)

Landscaping and screening are required in accordance with section 46-257.

(3)

Parking is required in accordance with section 46-258. Parking shall not be permitted in the required front yard for multi-family dwellings except in accordance with subsection 46-258(c).

(4)

Signs are permitted in accordance with the requirements of subsection 46-259.

(5)

Unless not required by any other ordinance, sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards. The planning commission may waive the requirement for a sidewalk when, in the opinion of the commission, no purpose would be served by the sidewalk.

(6)

Setbacks, height, area, and lot dimensions are required as noted below:

(7)

Front yard parking. Parking in the front yard of any lots on which there is multifamily dwellings is prohibited.

Site Development Requirements Charts - R-3 District

Residential Buildings District Regulations
Single- and Two-Family Dwellings
Minimum lot area 6,000 square feet per dwelling unit
Minimum lot width 60 feet
Maximum height 35 feet (2½ stories)
Front yard setback 25 feet
Side yard setback 7 feet (each side)
Rear yard setback 30 feet
Minimum floor area 720 square feet (per dwelling unit)
Minimum floor area on ground floor 624 square feet
Maximum lot coverage 40%
Multiple Family Dwellings
Minimum lot area 10,500 square feet
Maximum density* 12 dwelling units per acre*
Maximum height 35 feet (2½ stories)
Front yard setback 30 feet, or equal to the height of the main building, whichever is greater.
Side yard setback 15 feet (each side), or equal to the height of the main building, whichever is greater.
Rear yard setback 30 feet, or equal to the height of the main building, whichever is greater.
Minimum floor area 1 bedroom - 600 square feet
2 bedrooms - 720 square feet
3 bedrooms - 850 square feet
4 bedrooms - 1,000 square feet
Distance between buildings 25 feet, or equal to the height of the taller building, whichever is greater.
Maximum building length 120 feet
Maximum lot coverage 40%
*The area used for computing density shall be the total site area exclusive of any dedicated public right-of-way of either interior or abutting roads.

 

Nonresidential Buildings District Regulations
Minimum lot area 10,000 square feet
Minimum lot width 80 feet
Maximum height 35 feet (2½ stories)
All yard setbacks Same as for residential buildings or equal to height of main building; whichever is greater.
Maximum lot coverage 30%

 

(Prior Code, §§ 15.0701—15.0704; Ord. No. 150, §§ 7.01—7.04, 11-1-1997; Ord. No. 150K, 5-15-2007; Ord. No. 24-01, §§ 9, 10, 1-16-2024)

Sec. 46-157. - O-1 office district.

(a)

Intent. This section applies to the O-1 office district. This district is intended to provide a low-intensity office district. Uses within this district will typically generate lower volumes of traffic and may be used as a transition area between residential districts and more intensive districts. These uses will generally be limited in overall size of building and parking area and will present an appearance of a low-intensity use, including such features as limited signs, attractive landscaping, and concealed parking areas.

(b)

Permitted uses. Land and/or buildings in the O-1 district may be used for the following purposes by right:

(1)

Office buildings for any of the following occupations:

a.

Executive, governmental, administrative, professional, designers, accounting, drafting, and other similar professional activities.

b.

Medical, optical, dental, and veterinary offices and clinics.

(2)

Banks, credit unions, savings and loan associations, and other similar uses, excluding those with drive-through facilities.

(3)

Family and group child care facilities.

(4)

Mortuaries and funeral homes. Such uses may include a residential dwelling for one family, subject to the minimum floor area requirements of the R-2 district.

(5)

Substance abuse treatment centers licensed by the State of Michigan.

(6)

Churches, lodges, and private clubs.

(7)

Museums, libraries, radio/television stations, and public parks.

(8)

Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

(9)

Buildings, structures, and uses accessory to the permitted and special land uses.

(c)

Special land uses. Land and/or buildings in the O-1 district may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter:

(1)

Personal service establishments conducting services on the premises, such as barbershops and beauty shops, shoe repair, tailoring and dry cleaning, fitness centers, travel agencies, and other similar uses.

(2)

Hospitals, including associated offices and related uses, such as pharmacies, clinics, and other similar uses integral to such use.

(3)

Nursing, or convalescent homes.

(4)

Banks, credit unions, savings and loan associations, and other similar uses with drive-through facilities.

(5)

Commercial schools.

(6)

Day care facility/child care center.

(7)

Community service centers.

(d)

Site development requirements. All permitted uses and special land uses are subject to the following site development requirements:

(1)

Site plan review is required in accordance with section 46-41.

(2)

Landscaping and screening are required in accordance with section 46-257.

(3)

Parking is required in accordance with section 46-258. No parking shall be permitted in the required front yard.

(4)

Signs are permitted in accordance with the requirements of section 46-259.

(5)

Unless not required by any other ordinance, sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards. The planning commission may waive the requirement for a sidewalk when, in the opinion of the commission, no purpose would be served by the sidewalk.

(6)

Setbacks, height, area, and lot dimensions are required as noted below, unless greater setbacks are required by subsection 46-257(b).

(7)

Structure façade. At least 80 percent of that portion of a structure or building, be it a front, side, or rear, which faces a public or private street, private access drive or public or private parking lot shall be finished with face brick, wood, vinyl, glass, tinted and/or textured masonry block, fluted cement block, natural or cast stone, architectural pre-cast panel's or stucco-like material. In recognition of developing technologies in building materials, the planning commission may agree to approve other materials provided that they are compatible with surrounding properties, and further provided that such materials shall comply with the architectural, safety and other requirements of the city building code, fire code and other applicable city ordinances.

Additions to or renovations of buildings existing as of the date of the section shall be subject to the requirements of this section. The planning commission or zoning administrator, as the case may be, shall have the authority to modify or waive these requirements or to extend them to the entire façade of the existing building.

In determining whether to apply the façade requirements of this section to additions or renovations of existing buildings, the following criteria shall be considered:

a.

The location of the addition or renovation relative to the existing building.

b.

The size relative to the existing building.

c.

The location of the existing building.

d.

Whether compliance with this section will result in architectural consistency with the existing building and improve the overall aesthetics of the building.

e.

The practicality of requiring compliance with this section based on the design and structural integrity of the existing building.

Site Development Requirements Chart - O-1 District

O-1 District Regulations
Minimum lot area 15,000 square feet
Minimum lot width 80 feet
Maximum height 25 feet (1½ stories)
Front yard setback 25 feet (see subsection 46-257(b))
Side yard setback 10 feet each side (see subsection 46-257(b))
Rear yard setback 25 feet (see subsection 46-257(b))
Maximum lot coverage 40%

 

(Prior Code, §§ 15.0801—15.0804; Ord. No. 150, §§ 8.01—8.04, 11-1-1997; Ord. No. 150-P, § 3, 2-1-2011; Ord. No. 14-02, § 5, 12-2-2014)

Sec. 46-158. - C-1 neighborhood commercial district.

(a)

Intent. This section applies to the C-1 neighborhood commercial district. This district is intended to provide goods and services to residents of neighborhoods near this district. The uses will generally be less intense and more compatible with residential uses than those found in the other commercial districts. These uses will generally be limited in overall size of building and parking area and will present an appearance of a low intensity use, including such features as limited signs, reduced lighting levels, attractive landscaping, and screened parking areas.

(b)

Permitted uses. Land and/or buildings in the C-1 district may be used for the following purposes by right:

(1)

Office buildings for any of the following occupations:

a.

Executive, governmental, administrative, professional, designers, accounting, drafting, and other similar professional activities.

b.

Medical, optical, dental, and veterinary offices and clinics.

(2)

Banks, credit unions, savings and loan associations, and other similar uses, including those with drive-through facilities.

(3)

Family and group child care facilities.

(4)

Nursing, or convalescent homes, and substance abuse treatment centers.

(5)

Restaurants, excluding those with drive-through facilities. Outdoor dining is permitted where such dining does not encroach upon a minimum of five feet of unobstructed sidewalk space adjacent to the curb. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers, provided they do not exceed a height of 36 inches including plant material. Any outdoor dining activity proposed for a public sidewalk or elsewhere in a road right-of-way must first be approved by the city council.

(6)

Coin-operated laundries.

(7)

Retail businesses not exceeding 10,000 square feet gross floor area conducting business entirely within an enclosed building.

(8)

Museums, libraries, radio/television stations, and public parks.

(9)

Personal service establishments conducting services on the premises, such as barbershops and beauty shops, shoe repair, tailoring and dry cleaning, fitness centers, travel agencies, and other similar uses.

(10)

Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

(11)

Buildings, structures, and uses accessory to the permitted and special land uses.

(12)

Outdoor display of merchandise as an accessory use to the principal use of the parcel is permitted subject to the following requirements:

a.

The merchandise displayed outdoors shall be the same as or shall be similar to the merchandise, which is offered for sale inside the principal building on the parcel.

b.

The size and nature of the outdoor display shall clearly be incidental and subordinate to the principal use of the parcel such that the accessory use serves to support the principal use but could not function independently of the principal use.

c.

The outdoor display of merchandise shall not create unsafe conditions for or a hazard to any person or vehicle.

d.

The items displayed shall not be located within the required front yard except that if a building is within the required front yard items may be displayed in the required front yard but the items shall be within ten feet of the principal building.

e.

The outdoor display of merchandise shall be located so that the items do not occupy those parking spaces required by the Greenville Zoning Ordinance for the principal use or occupy any access lanes or driving lanes on the parcel.

f.

The area devoted to outdoor display shall not be larger than ten percent of the gross square footage of the principal building. The display area shall be measured around the perimeter of all items displayed.

g.

The area devoted to the outdoor display of merchandise shall at all times he kept neat and orderly and not be allowed to become unsightly or a visual nuisance. Any debris, scrap material, litter, empty shelves, racks, pallets, boxes or similar material not containing display items shall be removed from the outdoor display area.

h.

No part of a public sidewalk, street right-of-way, public alley or public parking lot shall be used for the outdoor display of merchandise except as may be permitted by the Greenville City Council for sidewalk sales.

i.

If the outdoor display requires the use of electricity then the method of providing the electricity shall comply with the applicable requirements of the City of Greenville.

(13)

Upper story residential dwellings subject to the following requirements except that single-family detached dwelling units and other residential uses existing as of June 20, 2016, are exempt from these requirements:

a.

A dwelling unit shall not be located on the ground floor.

b.

Two parking spaces shall be provided for each dwelling unit. These spaces may be provided on site or in a city-operated parking lot.

c.

Direct access to dwelling units shall be provided by a doorway located on the outside of the building, which is separate from the doorway used to access the first floor use.

d.

Prior to establishing an upper story dwelling unit approval must be obtained from the zoning administrator to determine compliance with the requirements of this section.

e.

A building permit shall be obtained from the city in order to establish a dwelling unit on an upper story.

(c)

Special land uses. Land and/or buildings in the C-1 district may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter:

(1)

Open air businesses.

(2)

Indoor theaters and commercial recreation centers, such as bowling alleys, skating rinks, and other similar uses.

(3)

Retail businesses exceeding 10,000 square feet gross floor area conducting business entirely within an enclosed building.

(4)

Bed and breakfast inns.

(5)

Commercial schools.

(6)

Churches, lodges, and private clubs.

(7)

Auto detailing which involves the indoor washing of vehicles, including interior cleaning, application of graphics and pin striping of the exterior and minor touch up painting. Painting of entire vehicles or any painting activity which involves the use of spray painting equipment is prohibited. Parking requirements shall be as required for automobile service and repair facilities as set forth in section 46-258.

(8)

Day care facility/child care center.

(9)

Adult foster care large group homes and homes for the aged.

(d)

Site development requirements. All permitted uses and special land uses are subject to the following site development requirements:

(1)

Site plan review is required in accordance with section 46-41.

(2)

Landscaping and screening are required in accordance with section 46-257.

(3)

Parking is required in accordance with section 46-258. No parking shall be permitted in the required front yard.

(4)

Signs are permitted in accordance with the requirements of section 46-259.

(5)

Unless not required by any other ordinance, sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards. The planning commission may waive the requirement for a sidewalk when, in the opinion of the commission, no purpose would be served by the sidewalk.

(6)

Setbacks, height, area, and lot dimensions are required as noted below, unless greater setbacks are required by subsection 46-257(b).

(7)

Structure façade. At least 80 percent of that portion of a structure or building, be it a front, side, or rear, which faces a public or private street, private access drive or public or private parking lot shall be finished with face brick, wood, vinyl, glass, tinted and/or textured masonry block, fluted cement block, natural or cast stone, architectural pre-cast panel's or stucco-like material. In recognition of developing technologies in building materials, the planning commission may agree to approve other materials provided that they are compatible with surrounding properties, and further provided that such materials shall comply with the architectural, safety and other requirements of the city building code, fire code and other applicable city ordinances.

Additions to or renovations of buildings existing as of the date of the section shall be subject to the requirements of this section. The planning commission or zoning administrator, as the case may be, shall have the authority to modify or waive these requirements or to extend them to the entire façade of the existing building.

In determining whether to apply the façade requirements of this section to additions or renovations of existing buildings, the following criteria shall be considered:

a.

The location of the addition or renovation relative to the existing building.

b.

The size relative to the existing building.

c.

The location of the existing building.

d.

Whether compliance with this section will result in architectural consistency with the existing building and improve the overall aesthetics of the building.

e.

The practicality of requiring compliance with this section based on the design and structural integrity of the existing building.

Site Development Requirements Chart - C-1 District

C-1 District Regulations
Minimum lot width 100 feet
Maximum height 25 feet
Front yard setback 25 feet (see subsection 46-257(b))
Side yard setback 10 feet (each side) (see subsection 46-257(b))
Rear yard setback 25 feet (see subsection 46-257(b))
Maximum lot coverage 40%

 

(Prior Code, §§ 15.0901—15.0904; Ord. No. 150, §§ 9.01—9.04, 11-1-1997; Ord. No. 150-L, § 2, 4-21-2009; Ord. No. 150-N, § 1, 5-18-2010; Ord. No. 150-P, § 3, 2-1-2011; Ord. No. 16-02, § 1, 6-6-2016; Ord. No. 24-01, § 11, 1-16-2024)

Sec. 46-159. - C-2 general commercial district.

(a)

Intent. This district is intended to provide a wide range of goods and services to residents of Greenville as well as surrounding areas. These uses will generally be more intensive and less compatible with residential uses. These uses will have appropriate signs, adequate lighting levels, attractive landscaping, and convenient parking areas. Special attention will be given to the location of access points and other traffic and pedestrian conditions to ensure that such businesses are operated in a safe and efficient manner. Where possible, access points, parking areas, and other common features will be combined to serve more than one business.

Certain manufacturing uses, which operate with no objectionable exterior characteristics, may also be appropriate in certain locations in the C-2 zoning district due to the availability of public utilities, truck route access, and proximity to retail goods, restaurants and services which can be supported by manufacturing workers.

(b)

Permitted uses. Land and/or buildings in the C-2 district may be used for the following purposes by right:

(1)

Office buildings for any of the following occupations:

a.

Executive, governmental, administrative, professional, designers, accounting, drafting, and other similar professional activities.

b.

Medical, optical, and dental, clinics.

(2)

Banks, credit unions, savings and loan associations, and other similar uses, including those with drive-through facilities.

(3)

Personal service establishments conducting services on the premises, such as barbershops and beauty shops, shoe repair, tailoring and dry cleaning, fitness centers, travel agencies, and other similar uses.

(4)

Restaurants, delicatessens, coffee houses including sit-down and carry-out establishments excluding those with drive-in or with drive-through facilities. Outdoor dining is permitted where such dining does not encroach upon a minimum of five feet of unobstructed sidewalk space adjacent to the curb. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including plant material. Any outdoor dining activity proposed for a public sidewalk or elsewhere in a road right-of-way must first be approved by the Greenville City Council.

(5)

Coin-operated laundries.

(6)

Retail businesses of less than 250,000 square feet gross floor area conducting business entirely within an enclosed building.

(7)

Business or trade schools.

(8)

Dancing, art, and music studios.

(9)

Libraries, museums, public parks and similar public uses.

(10)

Pharmacies including those with a drive-up window.

(11)

Catering establishments.

(12)

Retail building supply and equipment stores.

(13)

Retail nurseries and garden centers.

(14)

Pet shop including grooming services.

(15)

Establishments serving alcoholic beverages, with or without live music subject to any applicable State of Michigan regulations.

(16)

Veterinary clinics including those, which provide kennel services except that outdoor runs are prohibited.

(17)

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

(18)

Ambulance service establishments.

(19)

Day care facility/child care center.

(20)

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

(21)

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

(22)

Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

(23)

Buildings, structures, and uses accessory to the permitted and special land uses.

(24)

Outdoor display of merchandise as an accessory use to the principal use of the parcel is permitted subject to the following requirements:

a.

The merchandise displayed outdoors shall be the same as or shall be similar to the merchandise, which is offered for sale inside the principal building on the parcel.

b.

The size and nature of the outdoor display shall clearly be incidental and subordinate to the principal use of the parcel such that the accessory use serves to support the principal use but could not function independently of the principal use.

c.

The outdoor display of merchandise shall not create unsafe conditions for or a hazard to any person or vehicle.

d.

The items displayed shall not be located within the required front yard except that if a building is within the required front yard items may be displayed in the required front yard but the items shall be within ten feet of the principal building.

e.

The outdoor display of merchandise shall be located so that the items do not occupy those parking spaces required by the Greenville Zoning Ordinance for the principal use or occupy any access lanes or driving lanes on the parcel.

f.

The area devoted to outdoor display shall not be larger than ten percent of the gross square footage of the principal building. The display area shall be measured around the perimeter of all items displayed.

g.

The area devoted to the outdoor display of merchandise shall at all times be kept neat and orderly and not be allowed to become unsightly or a visual nuisance. Any debris, scrap material, litter, empty shelves, racks, pallets, boxes or similar material not containing display items shall be removed from the outdoor display area.

h.

No part of a public sidewalk, street right-of-way, public alley or public parking lot shall be used for the outdoor display of merchandise except as may be permitted by the Greenville City Council for sidewalk sales.

i.

If the outdoor display requires the use of electricity then the method of providing the electricity shall comply with the applicable requirements of the City of Greenville.

(c)

Special land uses. Land and/or buildings in the C-2 district may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter:

(1)

Open air businesses, including building materials, supplies, and similar uses. Open air businesses including, but not limited to: the sale of motor vehicles, farm implements, lawn and garden equipment sales and service, motor homes, mobile homes, mobile or modular homes, including building materials, supplies, and similar uses.

(2)

Restaurants with drive-through and/or take-out facilities. Outdoor dining is permitted per subsection (b)(4).

(3)

Indoor and outdoor recreation establishments such as bowling alleys, theaters, video gaming establishments, skating rinks, indoor rock climbing, miniature golf, go cart tracks, athletic fields, and other similar uses.

(4)

Gas station/convenience stores with or without restaurants.

(5)

Automobile service repair facilities and gas stations which perform such services as tire sales and installation; oil changes; brake, shocks and exhaust work; engine analysis and tune-ups; front end alignments; heating and air conditioning repair and similar minor vehicle repair services.

(6)

Hotels and motels.

(7)

Automatic and self-serve vehicle wash facilities.

(8)

Kennels.

(9)

Retail businesses of greater than 250,000 square feet gross floor area within an enclosed building.

(10)

Towers in excess of 50 feet in height for commercial wireless telecommunication services.

(11)

Churches, synagogues, mosques and similar places of religious worship.

(12)

Public or private clubs, lodges, and banquet halls or similar places of assembly.

(13)

Housing for the elderly including retirement housing, assisted living and nursing facilities.

(14)

Adult and child day care centers.

(15)

Mini-warehouse and self storage facilities.

(16)

Plastic injection molding businesses.

(17)

Building contractors such as painters, plumbers, electrical, cement, heating and air conditioning, fencing, and similar uses provided that any materials or equipment kept outside shall be screened from the view of nearby properties and roadways.

(18)

Auto detailing which involves the indoor washing of vehicles, including interior cleaning, application of graphics and pin striping of the exterior and minor touch-up painting. Painting of entire vehicles or any painting activity which involves the use of spray painting equipment is prohibited. Parking requirements shall be as required for automobile service and repair facilities as set forth in section 10.09 [46-209] herein.

(19)

Multiple-family dwellings.

(d)

Site development requirements. All permitted uses and special land uses are subject to the following site development requirements:

(1)

Site plan review is required in accordance with section 46-41.

(2)

Landscaping and screening are required in accordance with section 46-257.

(3)

Parking is required in accordance with section 46-258. No parking or material storage shall be permitted in the required front yard.

(4)

Signs are permitted in accordance with the requirements of section 46-259.

(5)

Unless not required by any other ordinance, sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards. The planning commission may waive the requirement for a sidewalk when, in the opinion of the commission, no purpose would be served by the sidewalk.

(6)

Setbacks, height, area, and lot dimensions are required as noted below unless greater setbacks are required by subsection 46-257(b).

(7)

Structure façade. At least 80 percent of that portion of a structure or building, be it a front, side, or rear, which faces a public or private street, private access drive or public or private parking lot shall be finished with face brick, wood, vinyl, glass, tinted and/or textured masonry block, fluted cement block, natural or cast stone, architectural pre-cast panel's or stucco-like material. In recognition of developing technologies in building materials, the planning commission may agree to approve other materials provided that they are compatible with surrounding properties, and further provided that such materials shall comply with the architectural, safety and other requirements of the city building code, fire code and other applicable city ordinances.

Additions to or renovations of buildings existing as of the date of the section shall be subject to the requirements of this section. The planning commission or zoning administrator, as the case may be, shall have the authority to modify or waive these requirements or to extend them to the entire façade of the existing building.

In determining whether to apply the façade requirements of this section to additions or renovations of existing buildings, the following criteria shall be considered:

a.

The location of the addition or renovation relative to the existing building.

b.

The size relative to the existing building.

c.

The location of the existing building.

d.

Whether compliance with this section will result in architectural consistency with the existing building and improve the overall aesthetics of the building.

e.

The practicality of requiring compliance with this section based on the design and structural integrity of the existing building.

Site Development Requirements Chart - C-2 District

C-2 District Regulations
Minimum lot area 20,000 square feet
Minimum lot width 100 feet
Maximum height 35 feet (2½ stories)
Front yard setback 25 feet (see subsection 46-257(b))
Side yard setback 10 feet (each side) (see subsection 46-257(b))
Rear yard setback 25 feet (see subsection 46-257(b))
Maximum lot coverage 40%

 

(Prior Code, §§ 15.1001—15.1004; Ord. No. 150, §§ 10.01—10.04, 11-1-1997; Ord. No. 150-I, §§ 1, 2, 4-3-2007; Ord. No. 150-L, § 2, 4-21-2009; Ord. No. 150-P, § 3, 2-1-2011; Ord. No. 24-09, § 1, 5-7-2024)

Sec. 46-160. - C-3 central business district.

(a)

Intent. This section applies to the C-3 central business district. This district is intended to provide a wide range of goods and services to residents of the city as well as surrounding areas in a downtown setting. This district is characterized by a compact shopping area with on-street, municipal, and private parking areas. Emphasis is placed on pedestrian safety, convenient access, and ease of vehicular circulation.

(b)

Permitted uses. Land and/or buildings in the C-3 district may be used for the following purposes by right:

(1)

Office buildings for any of the following occupations:

a.

Executive, governmental, administrative, professional, designers, accounting, drafting, and other similar professional and service activities.

b.

Medical, optical, dental, and veterinary offices and clinics.

(2)

Banks, credit unions, savings and loan associations, and other similar uses, excluding those with drive-through facilities.

(3)

Personal service establishments conducting services on the premises, such as barbershops and beauty shops, shoe repair, tailoring and dry cleaning, fitness centers, travel agencies, and other similar uses.

(4)

Indoor theaters and commercial recreation centers, such as bowling alleys, skating rinks, and other similar uses.

(5)

Hotels and motels.

(6)

Restaurants, excluding those with drive-through facilities. Outdoor dining is permitted where such dining does not encroach upon a minimum of five feet of unobstructed sidewalk space adjacent to the curb. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers provided they do not exceed a height of 36 inches including plant material. Any outdoor dining activity proposed for a public sidewalk or elsewhere in a road right-of-way must first be approved by the city council.

(7)

Coin-operated laundries.

(8)

Museums, libraries, radio/television stations, and public parks.

(9)

Retail businesses conducting business entirely within an enclosed building.

(10)

Buildings, structures, and uses accessory to the permitted and special land uses.

(11)

Upper story residential dwellings subject to the following requirements except that single-family detached dwelling units and other residential uses existing as of the effective date of this ordinance are exempt from these requirements:

a.

A dwelling unit shall not be located on the ground floor.

b.

Two parking spaces shall be provided for each dwelling unit. These spaces may be provided on site or in a City of Greenville operated parking lot.

c.

Direct access to dwelling units shall be provided by a doorway located on the outside of the building, which is separate from the doorway used to access the first floor use.

d.

Prior to establishing an upper story dwelling unit approval must be obtained from the zoning administrator to determine compliance with the requirements of this section.

e.

A building permit shall be obtained from the City of Greenville in order to establish a dwelling unit on an upper story.

(12)

Outdoor display of merchandise as an accessory use to the principal use of the parcel is permitted subject to the following requirements:

a.

The merchandise displayed outdoors shall be the same as or shall be similar to the merchandise, which is offered for sale inside the principal building on the parcel.

b.

The size and nature of the outdoor display shall clearly be incidental and subordinate to the principal use of the parcel such that the accessory use serves to support the principal use but could not function independently of the principal use.

c.

The outdoor display of merchandise shall not create unsafe conditions for or a hazard to any person or vehicles.

d.

The items displayed shall not be located within the required front yard except that if a building is within the required front yard items may be displayed in the required front yard but the items shall be within ten feet of the principal building.

e.

The outdoor display of merchandise shall be located so that the items do not occupy those parking spaces required by the Greenville Zoning Ordinance for the principal use or occupy any access lanes or driving lanes on the parcel.

f.

The area devoted to outdoor display shall not be larger than ten percent of the gross square footage of the principal building. The display area shall be measured around the perimeter of all items displayed.

g.

The area devoted to the outdoor display of merchandise shall at all times be kept neat and orderly and not be allowed to become unsightly or a visual nuisance. Any debris, scrap material, litter, empty shelves, racks, pallets, boxes or similar material not containing display items shall be removed from the outdoor display area.

h.

The area devoted to the outdoor display of merchandise shall at all times be kept neat and orderly and not be allowed to become unsightly or a visual nuisance. Any debris, scrap material, litter, empty shelves, racks, pallets, boxes or similar material not containing display items shall be removed from the outdoor display area.

i.

No part of a public sidewalk, street right-of-way, public alley or public parking Jot [lot] shall be used for the outdoor display of merchandise except as may be permitted by the Greenville City Council for sidewalk sales.

(c)

Special land uses. Land and/or buildings in the C-3 district may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter:

(1)

Open air businesses.

(2)

Restaurants with drive-through facilities.

(3)

Banks, credit unions, savings and loan associations, and other similar uses with drive-through facilities.

(4)

Automobile service and repair facilities.

(5)

Parking lots, public or private.

(6)

Towers in excess of 50 feet in height for commercial wireless telecommunication services.

(7)

Churches, lodges, and private clubs.

(8)

Child care facility/child care center.

(d)

Site development requirements. All permitted uses and special land uses are subject to the following site development requirements:

(1)

Site plan review is required in accordance with section 46-41.

(2)

Landscaping and screening are required in accordance with section 46-257.

(3)

Parking is required in accordance with section 46-258. No parking or material storage shall be permitted in the front yard.

(4)

Signs are permitted in accordance with the requirements of section 46-259.

(5)

Unless not required by any other ordinance, sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards.

(6)

Setbacks, height, area, and lot dimensions are required as noted below unless greater setbacks are required by subsection 46-257(b).

(7)

Structure façade. At least 80 percent of that portion of a structure or building, be it a front, side, or rear, which faces a public or private street, private access drive or public or private parking lot shall be finished with face brick, wood, vinyl, glass, tinted and/or textured masonry block, fluted cement block, natural or cast stone, architectural pre-cast panel's or stucco-like material. In recognition of developing technologies in building materials, the planning commission may agree to approve other materials provided that they are compatible with surrounding properties, and further provided that such materials shall comply with the architectural, safety and other requirements of the city building code, fire code and other applicable city ordinances.

Additions to or renovations of buildings existing as of the date of the section shall be subject to the requirements of this section. The planning commission or zoning administrator, as the case may be, shall have the authority to modify or waive these requirements or to extend them to the entire façade of the existing building.

In determining whether to apply the façade requirements of this section to additions or renovations of existing buildings, the following criteria shall be considered:

a.

The location of the addition or renovation relative to the existing building.

b.

The size relative to the existing building.

c.

The location of the existing building.

d.

Whether compliance with this section will result in architectural consistency with the existing building and improve the overall aesthetics of the building.

e.

The practicality of requiring compliance with this section based on the design and structural integrity of the existing building.

Site Development Requirements Chart - C-3 District

C-3 District Regulations
Minimum lot size None required
Minimum lot width
Maximum height 40 feet
Front setback None required
Side and rear setbacks None required (see subsection 46-257(b))
Maximum lot coverage None required

 

(Prior Code, §§ 15.1101—15.1104; Ord. No. 150, §§ 11.01—11.04, 11-1-1997; Ord. No. 150-L, § 2, 4-21-2009; Ord. No. 150-P, § 3, 2-1-2011; Ord. No. 14-01, § 2, 7-15-2014)

Sec. 46-161. - IND industrial district.

(a)

Intent. This section applies to the IND industrial district. This district is intended to provide exclusive areas for industrial uses in areas served by adequate infrastructure. Uses in this district are to provide for various types of light industrial and manufacturing uses, wholesale businesses, warehouses, and other uses compatible with one another and with surrounding land uses and with an absence of objectionable external effects. These uses are characterized by moderate lot coverage, adequate setbacks, environmental sensitivity, and creative site design. The regulations are defined to exclude uses which would have a detrimental effect upon the orderly development and functioning of the district, as well as surrounding land uses.

(b)

Permitted uses. Land and/or buildings in the IND district may be used for the following purposes by right:

(1)

Industrial plants manufacturing, compounding, processing, packaging, treating, or assembling the following:

a.

Agricultural products, including, but not limited to, the production of alcoholic beverages and the production in greenhouses of flowers, plants, shrubs, trees, or other similar living products.

b.

Food and kindred products including meat, dairy, fruit, vegetable, seafood, bakery, confectionery, beverage, and similar products (but not including slaughtering of animals, or rendering or refining of fats and oils).

c.

Furniture and fixtures.

d.

Printing, publishing, and allied industries.

e.

Electrical machinery, equipment and supplies, electronic components, including computer, communication and musical equipment and devices and accessories.

f.

Engineering, measuring, optical, medical, scientific, photographic, and similar instruments and goods.

g.

Cut stone and stone products related to monuments.

h.

Wind energy, solar energy and similar systems.

(2)

Industrial plants manufacturing, compounding, processing, packaging, treating, or assembling materials or products from previously prepared materials including the following:

a.

Textile mill products, including woven fabric, knit goods, dyeing and finishing, floor coverings, yarn and thread, and other similar products.

b.

Apparel and other finished products including clothing, leather goods, furnishings and canvas products.

c.

Lumber and wood products including millwork, prefabricated structural work products and containers.

d.

Paper and paperboard containers and products.

e.

Biological products, drugs, medicinal chemicals and pharmaceutical preparations.

f.

Glass products.

g.

Jewelry, silverware and plated ware, musical instruments and parts, toys, amusement, sporting and athletic goods, pens, pencils, and other office and artist supplies and materials, notions, signs, and advertising displays.

h.

Pottery, figurines, and other ceramic products using only previously pulverized clay.

i.

Fabricated metal products, except heavy machinery and transportation equipment.

(3)

Wholesale businesses, including automotive equipment, drugs, chemicals, dry goods, apparel, food, farm products, electrical goods, hardware, machinery, equipment, metals, paper products, and lumber.

(4)

Warehousing (refrigerated and general storage within an enclosed building).

(5)

Laundries, laundry services, and dry cleaning and dyeing plants, excluding retail/service outlets serving the general public.

(6)

Office buildings for executive, administrative, professional, accounting, drafting, and other similar professional activities, as determined by the zoning administrator.

(7)

Research and development facilities, including production activities otherwise permitted in this district.

(8)

Trade or industrial schools.

(9)

New building materials sales and storage, including contractor's showrooms and related storage yards, provided such yards and enclosed and screened in accordance with the requirements of subsection 46-161(d)(7).

(10)

Body shops, wrecker services, vehicle repair facilities and including storage yards provided such yards and enclosed and screened in accordance with the requirements of subsection 46-161(d)(7).

(11)

Utilities and communications installations for essential services such as electrical receiving or transforming stations, microwave towers, and television and radio towers, but not including towers in excess of 50 feet in height for commercial wireless telecommunication services.

(12)

Utility and public service buildings, including storage yards but not including essential public services such as poles, wires, and underground utility systems.

(13)

Banks, credit unions, savings and loan associations, and other similar uses as determined by the zoning administrator, including those with drive-through facilities.

(14)

Machine shops.

(15)

Tool and die establishments.

(16)

Commercial fuel depot.

(17)

Indoor recreation establishments.

(18)

Crating and packing services.

(19)

Park and ride lots operated by a public agency.

(20)

The retail sales of products produced on the premises of the above permitted uses provided the area devoted to retail sales does not exceed 15 percent of the total floor area of the building and is clearly incidental to the principal industrial use.

(21)

Buildings, structures, and uses accessory to the permitted and special land uses.

(c)

Special land uses. Land and/or buildings in the IND district may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter:

(1)

Truck and freight terminals.

(2)

Warehousing, bulk storage, and transport of propane, liquid petroleum, fuel oil, and similar fuels.

(3)

Salvage yards and recycling facilities.

(4)

Adult uses.

(5)

Towers in excess of 50 feet in height for commercial wireless telecommunication services.

(6)

Golf courses.

(7)

Mini-warehouse and self storage facilities. Outdoor storage of vehicles, boats, trailers, recreational vehicles and similar items is permitted provided that such storage areas are substantially screened as viewed from the road by the storage buildings themselves or by landscaping or fencing as may be required by the planning commission in accordance with the requirements of subsection (d)(5) herein.

(8)

Asphalt, concrete or similar refining and manufacturing.

(9)

Refuse and garbage incinerators.

(10)

Manufacture of gas, coke, or coal tar products.

(11)

Manufacture of ammunition, fireworks, or other explosives.

(12)

Stockyards and slaughterhouses.

(13)

Blast furnaces, drop forges, petroleum refining, metal stamping, and similar uses.

(14)

Solid waste processing facility, including composting as an incidental use.

(15)

Contractor equipment yards and operations including, but not limited to, businesses engaged in excavating, drilling, utility installation, fencing, landscaping, painting, plumbing, electrical, cement, heating and air conditioning, and similar uses.

(16)

Uses, which sell equipment, vehicles or machinery normally used for industrial purposes or in the construction trades except for vehicles used primarily for on-road travel. Such uses may display these items outdoors.

(17)

Outdoor display and sale of items which are manufactured, repaired or serviced as part of a use permitted by subsections (b) and (c) of this section.

(18)

Crematoriums.

(19)

Facilities engaged in the production of energy.

(20)

Sale/rental and display of the following: temporary mobile storage units (pods) and temporary refuse collection units; farm and garden products including fencing and equipment; pre-cast concrete products; utility trailers, animal trailers, and similar trailers; and granite or marble or similar products or raw materials.

(21)

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

(22)

On-line auction warehouse facilities.

(23)

Establishments which produce alcoholic beverages primarily for distribution off site and which also engage in one or more of the following as a small percentage of the overall sales of the business and which devote a small portion of the square footage of the building to the following:

a.

The retail sale of alcoholic beverages produced on site to the general public for consumption on the site and/or on a retail take-out basis including the limited sale of snacks, pre-packaged foods, and non-alcoholic beverages;

b.

Conducting tours for the general public of the facility;

c.

The retail sale of items related to the company and its products such as glasses, posters, and clothing.

(24)

Uses which are industrial in nature, or are similar to one or more of the industrial uses in this subsections (b) and (c) of this section, as determined by the planning commission, and which are not specified elsewhere in this ordinance subject to section 46-240 herein.

(25)

Medical marihuana facilities including and limited to only marihuana grower, marihuana processor, marihuana secure transporter, and marihuana safety compliance facility as authorized and defined by division I, article V of chapter 10 of the Code of the City of Greenville.

(26)

Marihuana establishments including and limited to only marihuana grower, marihuana processor, marihuana secure transporter, and marihuana safety compliance facility as authorized and defined by division II, article V of chapter 10 of the Code of the City of Greenville.

(d)

Site development requirements. All permitted uses and special land uses are subject to the following site development requirements:

(1)

Site plan review is required in accordance with section 46-41.

(2)

Landscaping and screening are required in accordance with section 46-257.

(3)

Parking is required in accordance with section 46-258. No parking shall be permitted in the required front yard.

(4)

Signs are permitted in accordance with the requirements of section 46-259.

(5)

Unless not required by any other ordinance, sidewalks shall be constructed on all sides of the property abutting a public street, in accordance with city standards. The planning commission may waive the requirement for a sidewalk when, in the opinion of the commission, no purpose would be served by the sidewalk.

(6)

All permitted and special land uses, shall be conducted wholly within a completely enclosed building, except that outside storage of materials, equipment, or vehicles and loading and unloading operations is permitted, subject to the following restrictions:

a.

Materials may be stored only in the side or rear yards, except that materials may not be stored on the street side of a corner lot or in any required yard.

b.

All storage of materials and equipment used in the business except vehicles shall be visually screened to a height of at least six feet above the highest elevation of the nearest adjacent road or property bordering the site unless in the opinion of the planning commission or other approving authority the material is stored in a manner that it is not readily visible from off-site or that the material is located such a substantial distance from adjacent properties and roadways that it is not a visual nuisance as seen from off-site. [Subsections 46-257(1)—(3).]

c.

In no case shall the outside storage of materials or equipment be stacked higher than the height of the visual screen unless in the opinion of the planning commission or other approving authority the material is stored in a manner that it is not readily visible from off site or that the material is located such a substantial distance from adjacent properties and roadways that it is not a visual nuisance as seen from off-site.

d.

One non-gated opening, no greater than 12 feet in width, shall be permitted in the screen for each 200 feet of frontage on a street.

(7)

Setbacks, height, area, and lot dimensions are required as noted below unless greater setbacks are required by subsection 46.257(b).

Site Development Requirements Chart - IND District

IND District Regulations
Minimum lot area 1 acre (43,560 square feet)
Minimum lot width 100 feet
Maximum height 40 feet plus 1 foot additional height for each 1 foot of additional setback (all yards) beyond the setback required by this section
Front yard setback 25 feet (see subsection 46-257(b))
Side yard setback 10 feet each side (see subsection 46-257(b))
Rear yard setback 40 feet (see subsection 46-257(b))
Maximum lot coverage 60%

 

(Prior Code, §§ 15.1201—15.1204; Ord. No. 150, §§ 12.01—12.04, 11-1-1997; Ord. No. 150-E, 9-21-2004; Ord. No. 22-01, § 3, 2-1-2022)

Sec. 46-162. - MHP manufactured home park district.

(a)

Scope.

(1)

For the preservation of the interests of various types of residential developments which should be permitted in every community and for the protection of the residents of any manufactured home park development, this section is considered to be minimum standards to be applied to all manufactured home park developments in the city.

(2)

All manufactured home parks shall comply with the applicable requirements of the Mobile Home Commission Act (MCL 125.2301 et seq.), provided further that said developments meet the standards and conditions and all other provisions as herein established.

(b)

Installation and occupation of manufactured homes.

(1)

No manufactured home shall be placed or parked or installed in a manufactured home park until such time as a building permit is obtained from the building inspector. Such permit shall be issued by the building inspector after making a finding that said manufactured home meets construction standards as approved by the federal Department of Housing and Urban Development (HUD) Code, or has been certified by a manufacturer as constructed according to the requirements of the federal HUD Code.

(2)

No manufactured home shall be occupied by any person as a residence or for any other purpose until such time as said manufactured home is placed or situated on a specific lot in the manufactured home park and has been inspected by the building inspector and issued an occupancy permit. Such inspection shall include the placement, the connection to utilities, and compliance with all necessary state, city, or other ordinances and regulations. Such permit shall be issued by the building inspector on payment of an inspection fee as may be authorized by the city council from time to time. In the event said manufactured home is moved to another lot or another manufactured home is placed on the specific lot, a new certificate of occupancy must be obtained by the owner or resident from the building inspector.

(c)

Application procedures. Preliminary approval shall not be issued by the city until application for the manufactured home park has been approved by the city in accordance with the provisions of this section.

(1)

Site plan. Any application for the extension, alteration, or construction of a manufactured home park shall be accompanied by a site plan of the proposed development and all permanent buildings indicating the proposed methods of compliance with these requirements. Said site plan shall be in conformance with the provisions and requirements of section 46-41.

(2)

Approval. The following standards shall be satisfied before approval of the manufactured home park is granted:

a.

Whether the proposal is in accordance with the master plan.

b.

Whether the proposal meets all the design standards of this chapter and other applicable local codes, regulations or ordinances.

c.

Whether the density of the proposed development could adversely affect adjacent properties and land uses.

d.

Whether the proposed development can be reasonably expected to constitute a health hazard or public nuisance to adjacent properties because of inappropriate or inadequate sanitation and/or drainage facilities.

e.

Whether the proposed development produces an extreme or undue demand on available fire and police protection.

f.

Whether the traffic characteristics of the proposed development can be expected to place an extreme or undue burden on the adjacent publicly available vehicular and/or pedestrian circulation facilities.

(d)

Standards and regulations. All manufactured home parks shall be designed and developed in accordance with the following standards and regulations:

(1)

Minimum site size for a manufactured home park shall be ten acres.

(2)

Minimum number of manufactured home spaces shall be 40. Required streets and utilities shall be completed for at least 25 manufactured home spaces along with related improvements before the first occupancy.

(3)

Each manufactured home park shall have direct access only to a major street or state trunkline highway.

(4)

No access to the site shall be located closer than 200 feet from any public street intersection. Minimum street widths within the manufactured home park shall be in accordance with the following schedule:

Parking Standards and Regulations
Parking Direction Minimum Street Width
No on-street parking One way 13 feet
Two-way 21 feet
Parallel parking - one side One way 21 feet
Two-way 31 feet
Parallel parking - both sides One way 34 feet
Two-way 40 feet

 

(5)

No manufactured home or other building or structure for residential purposes shall be in excess of two and one-half stories, or in excess of a maximum height of 35 feet.

(6)

Each manufactured home lot, exclusive of streets, shall have a minimum size of 5,000 square feet and a minimum width of 40 feet, as measured at the minimum building setback line. No more than one manufactured home shall be parked on any one lot, and no manufactured home shall be occupied by more than one family.

(7)

The minimum setback between any part of any manufactured home and/or structure permanently or temporarily attached thereto (excluding hitch), or used in conjunction therewith, including, but not by way of limitation, storage sheds, cabanas, and porches shall be:

a.

Ten feet from the inside of the sidewalk;

b.

Fourteen feet from the rear lot line;

c.

Sixteen feet from the side lot line on the entry side; and

d.

Ten feet from the side yard on the non-entry side, except that a manufactured home may be placed on the side lot line, provided there is minimum of 15 feet of open space between said lot line and any other structure or manufactured home, including, but not by way of limitation, storage sheds, cabanas or porches.

(8)

Each lot shall front on sidewalks at least four feet in width and parallel to the manufactured home park street.

(9)

Each lot shall provide a minimum of two off-street parking spaces, each of which shall have a paved area of not less than 180 square feet (nine feet by 20 feet).

(10)

The front, back and side yards of every lot shall be suitably landscaped and properly maintained with lawn area, and there shall be one shade tree at least ten feet in height provided for each lot.

(11)

The manufactured home park shall provide a buffer zone in accordance with the requirements of section 46-257.

(12)

Any buildings associated with the manufactured home park shall have minimum setback from any public street of 50 feet, which shall be properly landscaped with grassed area and maintained by the owner and operator of the manufactured home park.

(13)

All streets within the manufactured home park shall be of bituminous aggregate or similar surface meeting AASHTO public street construction specifications, and provided with proper curbing.

(14)

The manufactured home park shall contain one or more open space areas intended primarily for the use of park residents on a minimum ratio of 250 square feet for every manufactured home lot, provided that buffer zone areas shall not be included as part of such requirement.

(15)

The manufactured home park shall provide one or more storm shelters of size and capacity so as to accommodate all the residents of the park.

(16)

All street intersection and designated pedestrian crosswalks shall be illuminated by not less than 0.25 foot candles. All roads, parking bays and pedestrian walkways shall be illuminated by not less than 0.5 foot candles.

(e)

Utility standards. The following utility standards shall apply to all manufactured home parks:

(1)

All utilities shall be underground.

(2)

All lots shall be provided with a public water and sanitary sewer service approved by the city and other applicable agencies. All manufactured homes shall be connected thereto and all expenses of installation and connection shall be borne by the owner or operator of the manufactured home park, and no costs shall be applied or taxed against owners of any adjacent property or along any main extended from the manufactured home park to the present public sanitary sewer system, unless such adjacent owners shall install a sewer connection to such main.

(3)

The manufactured home park shall provide sufficient storm sewer facilities, independent of sanitary sewers, to prevent flooding of either streets or lots within the park in accordance with the requirements of the city. All storm drainage and surface drainage facilities flowing from the park to adjacent areas shall be approved by the city.

(f)

Manufactured home standards.

(1)

Every manufactured home shall be supported on a permanent concrete pad or foundation for at least the width and length of the manufactured home, and four inches thick; and all areas between the trailer and ground shall be enclosed by a fire-resistant skirt.

(2)

In the event the soil or topographic conditions of the proposed manufactured home park are such that other foundations or support are appropriate, and the developer provides to the building inspector a report by a certified engineer that piers are equal to or superior to the specifications as set forth in subsection (f)(1) of this section, such foundations may be approved by the building inspector, provided such construction includes provisions for proper drainage and covering ground under each manufactured home.

(3)

Every manufactured home shall be at least 12 feet in width and have a minimum of 600 square feet of living area exclusive of porches and cabanas.

(g)

Inspections and permits. The building inspector or such other person designated by the city council shall have the right to inspect the manufactured home park to determine whether or not the park owners or operators, or any owners or person occupying manufactured homes within the park are in violation of this chapter, or any other state law or state or governmental regulations covering manufactured home parks affecting the health, safety and welfare of inhabitants, under the following conditions:

(1)

He has reasonable cause to believe that the owner or operator, or a resident or owner of a manufactured home in the park is in violation of any part of this chapter or any other municipal ordinance.

(2)

Notice has been sent to the owner or operator of the manufactured home park at their last known address, and to the owner or resident of the manufactured home at their last known address as shown on the occupancy permit for said manufactured home, and that the city has not received satisfactory proof or indication that the purported violation is not a violation, or that the purported violation has been corrected within 15 days from the date of mailing said notice.

(h)

Manufactured home sales.

(1)

No person desiring to rent a dwelling unit site shall be required, as a condition to such rental, to purchase a manufactured home from the owner or operator of the park as long as the manufactured home intended to be located on such rented site conforms in size, style, shape, price, etc., as may be required by any reasonable rules and regulations governing the operation of the manufactured home park.

(2)

Nothing contained in this section shall be deemed as prohibiting the sale of a manufactured home lot by the individual owner or his agent, or those home occupations as permitted in this chapter, provided, such sales and occupations are permitted by the park regulations, and provided further that a commercial manufactured home sales lot shall not be permitted in conjunction with any manufactured home park.

(Prior Code, §§ 15.1301—15.1308; Ord. No. 150, §§ 13.01—13.08, 11-1-1997)

Sec. 46-163. - F-1 floodplain district.

(a)

Purpose. This section applies to the F-1 floodplain district. This district is intended primarily to protect those undeveloped areas of the city which are subject to predictable flooding in the floodplain area of the Flat River so that the reservoir capacity will not be reduced or impede, retard, accelerate or change the direction of flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. The requirements of this section while permitting reasonable use of properties within the floodplain, will help protect human life, prevent or minimize material and economic losses and reduce the cost to the public in time of emergency through public aid or relief efforts occasioned by the unwise occupancy of such flood areas.

(b)

Delineation of the flood hazard overlay zone.

(1)

The flood hazard area zone shall overlay existing zoning districts delineated on the official city zoning map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the report entitled "The Flood Insurance Study, City of Greenville," dated November 2, 1983, with accompanying flood insurance rate maps and flood boundary and floodway maps.

(2)

Within the flood hazard area zone a regulatory floodway shall be designated. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the flood boundary and floodway map. The study and accompanying maps are adopted by reference, appended, and declared to be part of this chapter. The term "flood hazard area," as used in this section, means the flood hazard area zone, and the term "floodway" means the designated regulatory floodway.

(3)

Where there are disputes as to the location of a flood hazard area zone boundary, the zoning board of appeals shall resolve the dispute.

(c)

Compliance required. In addition to other requirements of this chapter applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within the flood hazard area zone.

(d)

Permitted uses. Notwithstanding any other provisions of this section, land and/or buildings in the F-1 district may be used for the following purposes as permitted uses:

(1)

Open space uses such as farms, truck gardens, nurseries, parks, playgrounds, golf courses, nature preserves, bridle trails, natural trails, and recreation, provided no alteration is made to the existing level of the floodplain or erected structure which may interfere with the flow of the river or floodplain capacity.

(2)

Industrial or commercial accessory use areas, such as loading and parking areas, and similar uses.

(3)

Airport landing, taxiing, and parking areas.

(4)

Accessory residential uses such as lawn, gardens, parking areas, and play areas.

(e)

Special land uses. Land and/or buildings in the F-1 district may be used for the following purposes following review by the planning commission as a special land use as regulated by article VI of this chapter:

(1)

Removal and processing of topsoil, stone, rock, sand, gravel, lime or other soil or mineral resources.

(2)

Seasonal uses, as regulated by section 46-87.

(3)

Marinas, docks, and piers.

(f)

Data submission. Prior to the issuance of a building permit for structures on or within 100 feet of floodplain areas, the city manager shall require the applicant for such permit to submit an approved permit by the state department of natural resources, topographic data, engineering studies, proposed site plan and/or other similar data needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water. All such required data shall be prepared by a registered professional civil engineer.

(g)

City liability. The city shall incur no liability whatsoever by permitting any use of a building within the floodplain within the city.

(h)

General standards for flood hazard reduction.

(1)

Development within a flood hazard area, including the erection of structures as permitted by this section, shall not occur except upon issuance of a zoning compliance permit in accordance with the requirements of this chapter and the following standards:

a.

The requirements of this section shall be met;

b.

The requirements of the underlying zoning district and applicable general provisions of this chapter shall be met;

c.

All necessary development permits shall have been issued by appropriate local, state, and federal authorities, including a floodplain permit, approval, or "letter of no authority" from the state. Where a development permit cannot be issued prior to the issuance of a zoning compliance permit, a letter from the issuing agency indicating intent to issue, contingent only upon proof of zoning compliance, shall be acceptable.

(2)

The use pattern and structure proposed to accomplish said use shall be so designed as not to reduce the water impoundment capacity of the floodplain or significantly change the volume or speed of the flow of water. Specific base flood elevation standards are as follows:

a.

On the basis of the most recent available base flood elevation data all new construction and substantial improvements shall have the lowest floor, including basements, elevated at least one foot above the flood level; or, for nonresidential structures, be constructed such that at or below base flood level, together with attendant utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that these standards are met and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the base flood in the location of the structure. Such certification shall be submitted as provided in this section and shall indicate the elevation to which the structure is floodproofed.

b.

Available flood hazard data from federal, state, or other sources shall be reasonably utilized in meeting the standards of this section. The most recent flood elevation data received from the Federal Insurance Administration shall take precedence over data from other sources.

(3)

All new construction and substantial improvements within a flood hazard area shall:

a.

Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure;

b.

Be constructed with materials and utility equipment resistant to flood damage; and

c.

Be constructed by methods and practices that minimize flood damage.

(4)

All new and replacement water supply systems shall minimize or eliminate infiltration of floodwaters into the systems.

(5)

All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of floodwaters into the systems and discharges from systems into floodwaters. On-site waste disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.

(6)

All public utilities and facilities shall be designed, constructed and located to minimize or eliminate flood damage.

(7)

Adequate drainage shall be provided to reduce exposure to flood hazards.

(8)

The flood-carrying capacity of any altered or relocated watercourses not subject to state or federal regulations designed to ensure flood-carrying capacity shall be maintained.

(Prior Code, §§ 15.1401—15.1407; Ord. No. 150, §§ 14.01—14.07, 11-1-1997)

Sec. 46-164. - PUD planned unit development district.

(a)

Intent. A PUD zone is intended to allow substantial flexibility in planning and designing a project. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. Ideally, this flexibility results in a development that is better planned, that contains more amenities, and that ultimately creates a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. Through proper planning and design, each PUD should include features, which further, and are in compliance with, the following objectives:

(1)

To allow on the same site a mix of uses, structures, facilities, housing types, and open space in a manner compatible with each other and with existing and planned uses on nearby properties;

(2)

To allow for the design of a development project to achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls;

(3)

To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic conditions, and does not adversely affect wetlands, flood plains, natural drainage patterns, and other natural site features;

(4)

To promote the efficient use of land resulting in networks of utilities, streets, and other infrastructure features that maximize the allocation of fiscal and natural resources;

(5)

To promote further creativity in design and construction techniques;

(6)

To provide for the regulation of legal land uses not otherwise authorized within this chapter;

(7)

To provide for single or mixed use developments that advance and are consistent with the goals and objectives the master plan; and

(8)

To promote the principles of neo-traditional design, which include smaller lots, shorter setbacks, alleys, street trees streetlights, sidewalks, and civic open space and parks to create a sense of community and opportunities for interaction among neighbors.

(b)

Authorization.

(1)

A PUD zoning district may be approved by the city council, following a recommendation from the planning commission, in any location within the city in accordance with the procedures, regulations, and standards of this chapter.

(2)

The approval of a PUD rezoning application shall require an amendment of the zoning ordinance and zoning map. An approval granted under this chapter shall constitute part of the zoning ordinance.

(c)

Qualifying conditions.

(1)

The area proposed for rezoning to PUD shall consist of a minimum of three contiguous acres although the city council following a recommendation from the planning commission may approve a PUD with less acreage if the council determines that the intent of the PUD district will nevertheless be achieved.

(2)

The proposed development shall be under unified ownership or control such that there is one person, group of persons, or legal entity having responsibility for the completion and ongoing maintenance of the development in compliance with this chapter. This requirement for unified ownership or control shall not prohibit a transfer of ownership or control, so long as there is still unified ownership or control of and for the development as required by this chapter.

(3)

The PUD shall be served by public water and sanitary sewer facilities.

(d)

Permitted uses. Any land use authorized by this chapter may be permitted in a PUD as a principal or accessory use as well as any legal land use not otherwise authorized by this chapter subject to the requirements of this chapter:

(e)

Development standards for all uses.

(1)

Modification of zoning requirements. The lot area, lot width, building height, setback and yard requirements, general provisions, signs landscaping and screening requirements, lighting and parking regulations contained in this chapter which would apply for the zoning district in which the uses or uses proposed are normally allowed and which would be the most restrictive for the uses proposed shall be met except that the city council, following a recommendation from the planning commission, may increase, decrease, or otherwise modify these regulations, as may be requested by the applicant, in order to achieve the objectives of this chapter. Other criteria which shall be used in making these determinations shall include the following:

a.

Whether the modification requested will result in a project that better satisfies the intent and objectives of this chapter;

b.

Whether the modification is compatible with adjacent existing and future land uses and will not significantly adversely affect the use and enjoyment of nearby property;

c.

Whether the modification will result in the preservation of existing vegetation or other natural features on site;

d.

Whether the modification is necessary due to topography, natural features, or other unusual aspects of the site;

e.

Whether the modification will improve or at least not impede emergency vehicle and personnel access;

f.

Whether the modification will improve or at least not impede adequate pedestrian circulation; and

g.

Whether the modification will result in traffic or other safety hazards, visual blight, distraction, or clutter, or a detriment to the public health, safety, or general welfare.

(2)

Dedicated open space requirements.

a.

PUDs shall maintain dedicated open space ("open space") in compliance with this section.

b.

Areas which do not constitute dedicated open space:

1.

Public or private road rights-of-way;

2.

Golf courses;

3.

Easements for overhead utility lines;

4.

Areas within platted lots, site condominium units, or metes and bounds parcels occupied or to be occupied by a building or structure not permitted to be located in open space;

5.

Off-street parking areas;

6.

Detention and retention ponds created to serve the project;

7.

Fifty percent of the area of wetlands, creeks, streams, existing ponds or lakes, or other bodies of water;

8.

Fifty percent of the area of floodplains and 50 percent of areas of slopes of more than 20 percent; or

9.

Open space which is not contiguous to the proposed PUD.

c.

Standards for dedicated open space in residential PUDs. The following standards shall apply to the dedicated open space required in PUDs which devote all or a portion of land to residential uses:

1.

The PUD shall provide and maintain a minimum of 20 percent of the gross site acreage as preserved dedicated open space in accordance with the standards of this section. The planning commission may consider a PUD with a lesser amount of open space if it is clear that the proposed PUD substantially provides for the intent of a PUD as stated in this section.

2.

The open space may include a recreational trail, picnic area, children's play area, community building, or any other substantially similar use as determined by the planning commission. These uses, however, shall not utilize more than 50 percent of the dedicated open space.

3.

Open space areas are encouraged to be linked with any adjacent open spaces, public parks bicycle paths, or pedestrian paths.

4.

The open space shall be available for all residents of the development, if any, subject to reasonable rules and regulations and shall be reasonably accessible to the residents of the open space development. Safe and convenient pedestrian access points to the open space from the interior of the open space shall be provided.

5.

If the land contains a lake, stream, or other body of water, the planning commission may require that a portion of the open space abut the body of water.

6.

Open space shall be located to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, and wetlands.

7.

Grading in open space areas shall be kept to a minimum.

d.

Standards for dedicated open space in non-residential PUDs. The following standards shall apply to the dedicated open space requirements in PUDs which include only non-residential uses:

1.

The PUD shall provide and maintain open space in a form which serves as an outdoor visual and functional community amenity, designated to contribute to the attractiveness and social function of the PUD, as approved by the planning commission.

2.

The open space may include outdoor dining areas, benches or other areas for sitting, plazas, fountains, sculptures, pavilions, gazebo's, lawn or landscaped areas which contribute to the attractiveness of the site or which may be used for passive or active use, and similar uses or elements which contribute to social interaction or the aesthetics of the project as determined by the planning commission.

3.

The planning commission shall determine if the dedicated open space proposed by the applicant is appropriate for the type and size of the non-residential use based on the intent of this section. The planning commission shall have the discretion to modify the proposed dedicated space as needed to meet the intent of this section.

4.

The dedicated open space shall be maintained by the owner or operator of the development so that it sustains its original appearance and function, which shall be indicated in the agreement required by section (e)(2)e. below.

e.

Open space agreement. The applicant shall provide an open space preservation and maintenance agreement to the city council. Said agreement shall be binding on all successors and future owners in title of the land containing the dedicated open space. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the city and the land use continues as approved in the PUD plan or the PUD plan is amended to allow the use. The agreement must be acceptable to the city council and may consist of a recorded deed restriction, covenants that run perpetually with the land, or a conservation easement established according to the Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980 as amended. The agreement may be included as part of a PUD agreement provided for in section (n) of this chapter. The agreement must:

1.

Indicate the proposed permitted use(s) of the open space;

2.

List the parties who have an ownership interest in the open space, including all of the residents of the PUD who, by virtue of an association or other similar entity, shall at all times maintain an ownership interest in the dedicated open space;

3.

Require that the open space be maintained by parties who have an ownership interest in the dedicated open space; and

4.

Provide standards for scheduled maintenance of the open space, including periodic removal of underbrush to reduce fire hazard and the necessary pruning and harvesting of trees and new plantings.

(3)

Private street connections to adjacent property. As part of a PUD approval, the city council may require a private street to be extended to the adjacent property line. The decision to do so shall be based on the following:

a.

Whether the road extension is a logical method to:

1.

Achieve the safe and efficient movement of vehicles and pedestrians between residential areas; and

2.

Reduce the amount of vehicle trips otherwise required for access to adjoining residential areas.

b.

Whether the natural-site features on the adjacent property preclude or make it very difficult to extend the private road, and whether the adjacent site is already developed so as to prevent the extension of the private road.

c.

Whether the road extension would result in future off-site traffic creating unsafe situations for the residents of the project proposed by the applicant. If such a connection is required, the applicant shall construct the road to the adjacent property line at the time that the private road is built or the applicant shall illustrate an easement for the future road on the approved preliminary PUD site plan and record an agreement to construct the road connection within the easement when the adjacent property develops and the planning commission determines the necessity of the road connection. Upon completion of the connection, the applicant shall grant an access easement to the adjoining properties to allow for the uninterrupted movement of people and vehicles.

(f)

Additional development standards for residential PUDs. For PUDs which will devote all or a portion of the site to residential use the following requirements shall apply in addition to the requirements of subsection (e) of this section:

(1)

Determination of number of dwellings.

a.

An area which is requested for rezoning to PUD shall only be developed in accordance with the density recommended by the master plan. The permitted number of dwellings for the proposed PUD area shall be based on the density recommendation of the master plan designation of the property as set forth in the following density table.

b.

If the land requested for PUD rezoning contains more than one master plan land use recommendation, the number of dwellings allowed for each master plan area shall be computed separately using the formula below to determine the number of dwellings permitted for the entire site. The type and placement of the dwellings proposed however shall be subject to the approval of the city council following a recommendation from the planning commission during the review of the PUD site plan.

c.

The city council, following a recommendation from the planning commission, may choose to allow fewer dwellings than permitted by the density table if, in the opinion of the council, a reduction in the number of dwellings proposed would better achieve the intent and objectives of the PUD district.

Density Table
Master Plan Category Zoning
District
Maximum Average
Density
LDR, Low Density Residential R-1 4 dwelling units/acre
MDR, Medium Density Residential R-2 5 dwelling units/acre
HDR, High Density Residential R-3 12 dwelling units/acre

 

(2)

Formula to determine number of dwellings. The number of dwellings which may be constructed within a PUD shall be determined as follows:

a.

Determine gross site area. The gross site area may include road right-of-way if included in legal description.

b.

Subtract one-half of unbuildable areas such as wetlands, floodplains, and slopes over 20 percent. However, in no case shall the amount of the unbuildable area subtracted be more than 25 percent of the gross site area.

c.

Subtract acreage devoted to non-residential uses.

d.

The resulting acreage is the net development acreage, which is then multiplied by the maximum average density from the density table to determine the number of dwelling units permitted. For example, the net development acreage for an LDR area would be multiplied by four dwelling units per acre.

e.

If the area proposed for PUD zoning is not master planned for a specific residential density, the density and number of dwellings permitted shall be determined by the city council following a recommendation by the planning commission.

f.

In making this determination, the city council shall take into consideration the density recommended for the surrounding lands, the nature of the existing land uses nearby, the type and number of dwellings proposed by the applicant and the intent and objectives of this section.

(3)

Wetland determination. The determination of the existence of wetlands and floodplain areas on a parcel shall be demonstrated to the satisfaction of the planning commission through a written determination by the Michigan Department of Environmental Quality or by an analysis performed by a professional biologist, ecologist, environmental engineer, or similar professional person deemed acceptable to the planning commission.

(4)

Additional dwellings. Additional dwellings above what is allowed by subsection (f) of this section above may be permitted at the discretion of the city council following a recommendation by the planning commission if the development provides additional amenities or preserves additional open space which would result in a significant recognizable benefit to the city and residents of the PUD. Items which could be added to a PUD so it may be eligible for consideration for additional dwelling units shall include one or more of the following items as well as similar items:

a.

Provision of recreational facilities such as playground areas with play equipment, ball fields, golf course, bike path, man-made lake, and community building or similar recreation facility.

b.

Additional landscaping to preserve or enhance the view along the roadway.

c.

Enhancement of existing wetlands, subject to applicable regulations.

d.

Provision of additional unique open space or mature stands of trees, which would be of recognizable benefit to city residents.

e.

Provision of additional open space off the PUD site but within the city which would be of benefit to the city by adding land for recreational opportunities, adding land to existing city owned land or allowing for the preservation of land along the Flat River or other natural area.

f.

If additional dwelling units are to be permitted, the maximum number of dwelling units shall be determined by multiplying the maximum average density permitted in the density table by the gross site acreage of the site instead of the net development acreage excluding only the acreage devoted to any non-residential uses. In no case shall the number of dwelling units exceed what is permitted by this subsection.

(g)

Pre-application conference (Step 1). Before submitting a PUD application, the applicant shall meet with the zoning administrator who may also request the attendance of the city's planner or engineer. The applicant may provide a conceptual drawing or other information about the development or property. The purpose of this meeting is for the zoning administrator to explain the PUD site plan design, development requirements, and review process to the applicant in order to assist the applicant in preparing a site plan for review by the planning commission. No formal action will be taken at a pre-application conference nor will any statements made at the pre-application conference be considered legally binding commitments from the city.

(h)

PUD Application (Step 2).

(1)

Following the pre-application conference, the applicant shall submit an application for rezoning to the zoning administrator. Such application shall include the following:

a.

A completed application form;

b.

Payment of a fee, including an escrow amount, as established by the city council; and

c.

A narrative statement describing:

1.

The objectives of the PUD and how it relates to the intent of the PUD district, as described in section (a) of this chapter;

2.

The relationship of the PUD to the master plan;

3.

Any phases of development and approximate time frame for each phase;

4.

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD;

5.

Anticipated start and completion of construction;

6.

Location, type, and size of areas to be dedicated open space; and

7.

All modifications from the zoning regulations which would otherwise be applicable to the uses and structures proposed without this PUD.

(2)

The applicant has the option of submitting either a Preliminary or Final PUD site plan with the PUD application.

a.

A Preliminary PUD site plan shall contain the information required by section 46-41(c)(2)a herein and the applicant shall follow Steps 3, 4, 5 and 6.

b.

A Final PUD site plan shall contain the information required by section 46-41(c)(2)b herein and the applicant shall follow Steps 3, 5 and 6.

c.

The final PUD site plan shall contain all of the information required for a preliminary PUD site plan plus any other information reasonably required by the planning commission to ensure proper review of the PUD application. The planning commission may require an environmental impact assessment or other information to be submitted as part of the preliminary or final PUD site plan review.

(i)

Initial review at the planning commission work session (Step 3).

(1)

The planning commission shall review the application for rezoning and preliminary or final site plan at a work session and make recommendations to the applicant regarding the PUD.

(2)

The applicant shall revise the preliminary or final PUD site plan as recommended by the planning commission and resubmit it to the zoning administrator in advance of the public hearing so as to allow sufficient time for review of the plan.

(j)

Planning commission review of preliminary PUD site plan and rezoning (Step 4).

(1)

If the applicant elects to submit a preliminary PUD site plan, the planning commission shall schedule a public hearing on the application and the preliminary PUD site plan. The notice of the public hearing shall follow the procedures of section 46-43 of the zoning ordinance.

(2)

At the public hearing, the planning commission shall review the revised preliminary PUD site plan and application for rezoning and shall make recommendations to the applicant to assist in preparing a final site plan.

(3)

The applicant may choose to skip submission of a preliminary PUD site plan and proceed to submit a final PUD site plan instead.

(k)

Planning commission review of final PUD site plan and rezoning (Step 5).

(1)

The planning commission shall schedule a public hearing on the application for rezoning and final PUD site plan. The notice of the public hearing shall follow the procedures of section 46-43 of the zoning ordinance. Following the hearing, the planning commission shall then make a recommendation to the city council regarding the application for rezoning and final PUD site plan. The planning commission shall base its recommendation on compliance with the standards of section 46-164(m) herein.

(2)

The applicant shall make any revisions to the final PUD site plan as required by the planning commission and submit the revised final PUD site plan to the city council no later than 12 months after the planning commission's hearing on the final PUD site plan.

(l)

City council review (Step 6).

(1)

After receiving the recommendation of the planning commission, the city council shall conduct a public hearing on the rezoning application and final site plan. The notice of the public hearing shall follow the procedures of section 46-43 of the zoning ordinance.

(2)

The city council shall then make its findings based on the PUD standards for approval in section (m) of this chapter. Upon a determination that a proposed PUD meets such standards, the city council may approve the PUD rezoning and final PUD site plan.

(3)

The city council may impose reasonable conditions upon its approval of the PUD. Such conditions may include conditions necessary to ensure that public services and facilities affected by the PUD will be capable of accommodating increased service and facility loads caused by the property use or activity, protect the natural environment and conserve natural resources and energy, ensure compatibility with adjacent uses of land, and promote the use of property in a socially and economically desirable manner. Conditions imposed shall meet all of plan the following requirements:

a.

They shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the proposed project under consideration, residents, and landowners immediately adjacent to the proposed PUD and the community as a whole;

b.

They shall be related to the valid exercise of the police power and the purposes, which are affected by the proposed PUD;

c.

They shall be necessary to meet the intent and purpose of this chapter, related to the standards established in the ordinance for the proposed PUD under consideration, and necessary to ensure compliance with those standards; and

d.

Those which are imposed with respect to the approval of a PUD shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the city council and the property owner.

(4)

The decision of the city council may not be appealed to the zoning board of appeals.

(m)

Standards for approval for both preliminary and final review. A PUD shall be approved only if it complies with each of the following standards:

(1)

The proposed PUD complies with all qualifying conditions of section (c) of this chapter;

(2)

The uses to be conducted within the proposed PUD are substantially consistent with the master plan, are based on the design of the PUD and the conditions imposed, or are appropriate for the proposed location, and they are not likely to lead to significant changes contained in the master plan for the area where the PUD is to be located;

(3)

The proposed PUD is compatible with surrounding uses of land, the natural environment, and the capacities of public services and facilities affected by the development;

(4)

The proposed uses within the PUD will not possess conditions or effects that would be injurious to the public health, safety, or welfare of the community;

(5)

The proposed PUD is consistent with the spirit and intent of the PUD district, as described in section (a) of this chapter and represents an opportunity for improved or innovative development for the community that could not be achieved through conventional zoning; and

(6)

The proposed PUD meets all the review standards of subsection 46-41(c)(3) of the zoning ordinance.

(n)

PUD agreement.

(1)

Prior to issuance of any building permits or commencement of construction on any portion of the PUD, the city council may require the applicant to enter into an agreement with the city in recordable form, setting forth the applicant's obligations with respect to the PUD.

(2)

The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the final development plan with all required revisions, other documents which comprise the PUD, and all conditions attached to the approval by the city council.

(3)

A phasing plan shall also be submitted describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase.

(4)

The agreement shall also establish the remedies of the city in the event of default by the applicant in carrying out the PUD, and shall be binding on all successors in interest to the applicant.

(5)

All documents shall be executed and recorded in the office of the Montcalm County Register of Deeds.

(o)

Time limit for an approved PUD district.

(1)

Each development shall be under construction within 12 months after the date of approval of the PUD final development plan, except as noted in this section.

(2)

The city council may grant one extension of up to an additional 12-month period if the applicant applies for such extension prior to the date of the expiration of the PUD or PUD phase and provided that:

a.

The applicant presents reasonable evidence that said development has encountered unforeseen difficulties beyond the control of the applicant; and

b.

The PUD requirements and standards, including those of the zoning ordinance and master plan that are reasonably related to said development, have not changed.

(3)

Should the time limits provided in section (o) of this chapter expire, the preliminary PUD site plan approval(s) shall be null and void. This does not include any phases that may have received final PUD approval.

(4)

Should the PUD district become null and void, the city council shall have the right to rezone the property back to the prior zoning classification(s) or to rezone it to any other zoning classification(s) in accordance with the requirements for rezoning of this chapter.

(5)

If the property is not rezoned, the subject property shall remain zoned as a PUD, but the preliminary or final PUD plans previously approved shall still become null and void. In order to utilize the property as a PUD, an applicant shall submit plans for preliminary and final PUD site plan approval as stated in this chapter, but PUD rezoning by the city council shall not be required.

(p)

Changes to an approved PUD. Changes to an approved PUD shall be permitted only under the following circumstances:

(1)

The holder of an approved PUD final development plan shall notify the zoning administrator of any desired change to the approved PUD.

(2)

The zoning administrator may administratively approve minor changes, which are those which will not alter the basic design and character of the PUD or any conditions which were imposed as part of the original approval. Minor changes shall include but not be limited to the following:

a.

Reduction of the size of any building or sign;

b.

Movement of buildings or signs by no more than ten feet;

c.

Landscaping approved in the final development plan that is replaced by similar landscaping to an equal or greater extent;

d.

Internal rearrangement of a parking lot, which does not affect the number of parking spaces or alter access locations or design; and

e.

Changes required or requested by the city, Montcalm County, or other state or federal regulatory agency in order to conform to other laws or regulations or for reasons of public safety.

(3)

A proposed change, other than a minor change as determined by the zoning administrator, shall be submitted as a major amendment to the PUD and shall be processed in the same manner as an original PUD application as set forth in this chapter except that the PUD zoning shall remain in place.

(4)

The zoning administrator may refer any decision regarding any proposed change to an approved final site plan to the planning commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the planning commission for approval, the zoning administrator may consult with the chairperson of the planning commission.

(q)

Approved PUDs.

(1)

PUD projects that received site plan approval by the city council before the effective date of this chapter or any amendment thereto shall be considered to be conforming uses and shall continue to be regulated by the conditions and the approved site plan that was approved for each of these existing PUDs.

(2)

A major or minor change to these existing PUDs shall be subject to the procedures and requirements for such changes as set forth in this chapter except that for a major change, the number of dwelling units and amount of open space shall remain as were previously approved in the final PUD site plan. All other requirements and procedures for this chapter, as amended, shall apply to the major change.

(3)

If an existing PUD is proposed to be expanded beyond the boundaries of the existing PUD then such enlargement shall be subject to all the requirements and procedures of this chapter.

(Prior Code, §§ 15.1501—15.1507; Ord. No. 150, §§ 15.01—15.07, 11-1-1997; Amend: 7-15-2014; Ord. No. 17-06, § 1, 11-7-2017)

State Law reference— Planned unit development, MCL 125.3503.

Sec. 46-165. - MUD mixed use district.

(a)

Intent. The mixed use zoning district is a recommendation of the 2012 Greenville Master Plan and applies to the existing lands east, west and south of the central business district. Specifically, the lots fronting on the east side of Clay Street between Benton and Grove, the lots fronting on the west side of Franklin from Grove Street to Washington, the parcels fronting on the west side of Clay between Washington and Benton as well as the abutting parcels, and several parcels fronting on Grove Street west of Franklin and east of Clay.

The existing physical form of much of this area is a neighborhood of primarily single family houses mixed with houses converted to two- and multi-family use with a pedestrian scale; proximity to retail and service uses in the CBD; houses with front porches extending into the front setback; sidewalks; street trees; and detached garages.

The mixed use classification is designed to retain this form as new uses replace existing ones. The closeness to the CBD makes this area attractive for a new type of residential use, such as townhouses and lofts, and for multi-story buildings with ground floor retail. The types of uses planned for this area particularly the residential uses will serve to support existing businesses in the CBD.

The 2012 Plan envisions the redevelopment of this area with a mix of uses. The mixed use category would permit small retail or offices within existing houses, live work units where the first floor contains the business with the second floor serving as living quarters for the business owner, or other residents, townhouses and four to eight unit apartments or condominiums placed close to the front lot line. Residential densities could be up to 12 units per acre which is the same as the R-3 zone.

(b)

Permitted uses. Land and/or buildings in the mixed use district may be used for the following purposes by right:

(1)

Office buildings for any of the following occupations:

a.

Executive, governmental, administrative, professional, designers, accounting, drafting, and other similar professional activities.

b.

Medical, optical, dental, and veterinary offices and clinics.

(2)

Banks, credit unions, savings and loan associations, and other similar uses, including those with drive-through facilities.

(3)

Family and group child care facilities.

(4)

Nursing, or convalescent homes, and assisted living facilities.

(5)

Restaurants, excluding those with drive-through facilities. Outdoor dining is permitted where such dining does not encroach upon a minimum of five feet of unobstructed sidewalk space adjacent to the curb. Outdoor dining may be separated from the sidewalk only with movable planters, fencing or similar non-fixed barriers, provided they do not exceed a height of 36 inches including plant material. Any outdoor dining activity proposed for a public sidewalk or elsewhere in a road right-of-way must first be approved by the city council.

(6)

Coin-operated laundries.

(7)

The sale of retail items. However, any new building constructed or any existing building enlarged after the effective date of this section shall not devote more than 4,000 square feet of gross floor area in the building to the sale and storage of such retail items.

(8)

Museums, libraries, radio/television stations, and public parks.

(9)

Personal service establishments conducting services on the premises, such as barbershops and beauty shops, shoe repair, tailoring and dry cleaning, fitness centers, travel agencies, and other similar uses.

(10)

Single-family attached dwellings such as townhouses and row houses with no more than eight units attached in any building.

(11)

The conversion of a single family dwelling to a two-family dwelling provided the use complies with the minimum lot size requirements of this chapter.

(12)

Residential dwellings above first floor nonresidential uses subject to the following requirements:

a.

More than one dwelling unit is permitted for each storefront.

b.

Residential uses shall be completely separated from the nonresidential uses with a separate means of entrance and internal or external staircase.

c.

Each dwelling shall contain a minimum of 600 square feet of floor area for a one bedroom unit and an additional 150 square feet for each additional bedroom.

d.

Second and third story residential uses shall comply with all applicable accessibility requirements of the Americans with Disabilities Act.

e.

Two on-site parking spaces shall be provided for each dwelling unit.

(13)

Buildings, structures, and uses accessory to the permitted and special land uses.

(14)

Adult foster care family homes and adult foster care small group homes for six or fewer adults.

(c)

Special land uses. Land and/or buildings in the mixed use district may be used for the following purposes when approved by the planning commission in accordance with the requirements of sections 46-182 through 46-184:

(1)

Bed and breakfast inns.

(2)

Commercial schools.

(3)

Churches, lodges, and private clubs.

(4)

Auto detailing which involves the indoor washing of vehicles, including interior cleaning, application of graphics and pin striping of the exterior and minor touch up painting. Painting of entire vehicles or any painting activity which involves the use of spray painting equipment is prohibited. Parking requirements shall be as required for automobile service and repair facilities as set forth in section 46-258.

(5)

Child care facility/child care center.

(6)

Gas station/convenience stores with or without restaurants when located on a parcel with frontage on West or East Washington Street.

(7)

Adult foster care small group homes for seven to 12 adults, adult foster care large group homes, and homes for the aged.

(d)

Building placement and form standards for two-family dwellings. Two-family dwellings constructed after the effective date of this section and single-family dwellings converted to a two-family dwelling shall comply with the following requirements:

(1)

Minimum lot area and width: Ten thousand square feet and 60 feet wide.

(2)

Maximum lot coverage of buildings: Thirty percent.

(3)

Required front setback: Minimum of five feet, maximum of 15 feet from the street right-of-way line along Clay and Franklin Streets. Porches and stoops may be constructed between three feet and ten feet from the front lot line. The minimum front setback for other streets shall be as required in the C-1 zone.

(4)

Side setback: Eighteen feet total; Minimum: Seven feet.

(5)

Rear setback: Twenty-five feet.

(6)

Maximum building height: Thirty-five feet.

(7)

Minimum roof pitch: 4:12 (rise: run).

(8)

Minimum front porch area (if provided): Seventy square feet.

(9)

Minimum floor area: As required for two-family dwellings in the R-2 zoning district.

(10)

Parking shall be provided as required by section 46-258.

(e)

Building placement and form standards for attached dwellings and other permitted residential uses. Attached dwelling units shall be subject to site plan review by the planning commission and such uses shall also comply with the following requirements:

(1)

Maximum density: Three thousand six hundred thirty square feet of lot area per dwelling unit (12 dwelling units per acre).

(2)

Required front setback: Minimum of five feet, maximum of 15 feet from the street right-of-way line along Clay and Franklin Streets. Porches and stoops may be constructed between three feet and ten feet from the front lot line. The minimum front setback for other streets shall be as required in the R-2 zone.

(3)

Side setback: Eighteen feet total; Minimum: Seven feet.

(4)

Rear setback: Twenty-five feet.

(5)

Minimum number of stories: Two.

(6)

Maximum building height: Thirty-five feet.

(7)

Minimum roof pitch: 4:12 to 12:12 (rise: run). Roofs which are less than 22 feet above grade may be flat or pitched at any slope.

(8)

Minimum front porch area (if provided): Seventy square feet.

(9)

Minimum floor area: As required for dwellings in the R-3 zoning district.

(10)

Windows: A minimum of 15 percent and a maximum of 50 percent of the front and side façades each shall have transparent non-reflective windows. Windows on upper stories shall be vertical with defined edges.

(11)

Exterior building materials facing a public or private street: Excluding windows the remainder of the exterior shall be brick, stone, wood, vinyl or lap siding or similar materials with trim and ornamentation consisting of metal, concrete, brick, stone or wood.

(12)

Façade articulation: Differentiate each row house or townhouse separately by providing changes in the plane of a wall such as recesses or projections.

(13)

Building entrance: For row or townhouses provide one entrance per unit facing the street.

(14)

Enclosed porches are allowed.

(15)

Parking for townhouses, row houses and multifamily buildings shall comply with the requirements of section 46-258 herein and must be located on site behind the principal building.

(f)

Conversion of existing single-family dwelling to a commercial, office or nonresidential use. Existing single-family dwellings which are proposed to be converted to a commercial, office or other nonresidential use including the enlargement of the existing dwelling shall comply with the following requirements:

(1)

The proposed use shall be subject to site plan review by the planning commission.

(2)

The primary entrance to the building shall face the street from which the address of the building is derived or be located on the side of the building.

(3)

The building shall comply with the requirements of the Greenville Building Code.

(4)

Exterior defects in the building or property such as cracked, chipped or peeling siding, cracked sidewalk, unkempt lawn or landscaping shall be identified as part of the site plan review process and corrected before the building is occupied.

(5)

A walkway shall be provided from the existing or proposed sidewalk within the right-of-way to the primary building entrance.

(6)

Required parking shall be provided on the site or within 300 feet of the site.

(7)

Retail items offered for sale on the site may be displayed outdoors behind the front lot line but only during business hours of operation.

(8)

Structural alterations of existing buildings, including enlargements, are also subject to the requirements of subsection 46-166(g) below, insofar as practicable and feasible, although modifications of these requirements may be allowed in accordance with subsection 46-166(j) herein.

(g)

Building placement and form standards for office, commercial and other nonresidential buildings. Newly constructed office, commercial and other permitted nonresidential uses and additions to existing nonresidential buildings shall be subject to site plan review by the planning commission and shall comply with the following requirements:

(1)

Minimum lot area and width: None required.

(2)

Front setbacks:

a.

Except as noted in subsection b. below, the front setback for all streets in the MUD zone shall be no more than 15 feet from the street right-of-way line. A minimum of 80 percent of the front wall of the building must be within this build to zone along each street.

b.

Front setbacks for parcels with frontage on East and West Washington Street shall be a minimum of 15 feet from the right-of-way line along these streets and a minimum of 15 feet from any other abutting street if the parcel is a corner lot. The maximum front setback shall be determined by the planning commission in its review of the site plan. In determining the front setback, the planning commission shall take into consideration the character and appearance of adjoining parcels, the setbacks of nearby existing buildings, as well as the intent and purpose of the mixed use district.

(3)

Side and rear setbacks: The side and rear setbacks shall be determined by the planning commission in its review of the final site plan. In determining the setbacks the planning commission shall take into consideration the impact on adjoining land uses, whether the proposed setback disrupts the interior circulation pattern on that block, whether safe vehicular and pedestrian access is maintained, whether the setbacks will allow safe access for firefighting purposes, and whether or not the proposed setbacks will create unusable or unsafe areas.

(4)

Maximum building height: Thirty-five feet.

(5)

Minimum number of stories: One and one-half except for buildings on parcels with frontage on East and West Washington Street.

(6)

Façade: The façade of a building, which is defined as that portion or portions of a building, which fronts on a public street shall adhere to the following requirement: At least 80 percent of the façade shall only be constructed from one or more of the following materials: Traditional hard coat stucco, brick, natural or cast stone, tinted and/or textured masonry block, glass.

(7)

Horizontal expression lines: The façade shall have a horizontal expression line which separates the first floor from the upper floors.

(8)

Customer entrances: Building façades shall exhibit clearly defined, highly visible and articulated front and, if provided, rear customer entrances, that feature at least two of the following:

a.

Canopies or porticos.

b.

Overhangs.

c.

Recesses or projections.

d.

Raised cornice parapets over the door.

e.

Arches, outdoor patios.

f.

Display windows.

(9)

Roof type: Pitched roofs with overhanging eaves or flat roofs with articulated parapets and cornices. Materials for pitched roofs shall include shingles (either wood or asphalt composition), slate, tiles, or other similar material. Parapets shall be used to conceal flat sections of roofs and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed 25 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall.

(10)

Windows:

a.

All windows. A single window pane or more than one pane stacked vertically shall not exceed one story in height. Windows shall not be reflective glass although the planning commission may permit windows which are not totally transparent if such windows are designed for energy conservation.

b.

First story windows. In order to provide a clear view inward the first story of a façade window opening shall cover a minimum of 15 percent and a maximum of 60 percent of the wall area and the bottom of the window opening shall be no higher than 30 inches from sidewalk level.

c.

Upper story windows. Between 15 percent and 60 percent of the façade wall area for all stories above the first story shall be devoted to transparent windows. If such windows are rectangular they shall be oriented in a vertical fashion. In addition, all such windows shall contain visible sills and lintels on the exterior wall and no single pane of glass shall exceed 36 square feet in area.

(11)

Sidewalks shall be provided along all streets abutting a parcel in accordance with city requirements. For sidewalks, which need to be placed within the front setback an easement, shall be granted by the property owner to the City of Greenville for public use of the sidewalk.

(12)

Retail items offered for sale may be displayed outdoors on the site behind the front lot line but only during business hours of operation.

(h)

Waste disposal. Dumpsters shall be kept within a fenced or brick walled area which shall be at least six feet high and located so that their use, including emptying, does not pose a nuisance to nearby residents.

(i)

Development requirements.

(1)

Landscaping and screening are required in accordance with section 46-257. Two family dwellings shall comply with the R-2 Zone requirements. Commercial and office uses and other permitted nonresidential uses shall comply with the requirements for the C-1 zone.

(2)

Signs shall be as permitted for the office and C-1 zones and otherwise as regulated by section 46-259.

(3)

Site plan review shall be in accordance with section 46-41. In addition to the submittal requirements of section 46-41 the application shall also include building plans and architectural drawings to demonstrate compliance with the design standards of the mixed-use section.

(j)

Modification of standards. The design standards and requirements of subsections 46-166(d)—(g) may be modified by the planning commission for those projects which require site plan review by the commission. In determining whether to approve a modification, the planning commission shall submit findings of fact regarding the following factors:

(1)

The modification shall still satisfy the purposes of the mixed-use zone as stated herein.

(2)

Modification of the standards and requirements shall still result in the alteration of an existing building or construction of a new building being visually compatible with adjacent existing buildings and buildings in the central business district.

(3)

Modifications of the standards and requirements are necessary as strict compliance would create practical physical difficulties in applying the standards and requirements in the reconstruction or conversion of an existing building. Monetary difficulties in complying with the standards and requirements may be considered but shall not be the overriding reason for allowing modifications.

(Ord. No. 15-02, § 1, 5-19-2015; Ord. No. 24-01, §§ 12, 13, 1-16-2024)

Sec. 46-167. - North Lafayette District.

(a)

Intent. The intent of the North Lafayette District is to create business opportunities for the redevelopment of the North Lafayette Street (M-91) corridor north of the Flat River by permitting medical marihuana provisioning center facilities which are businesses operating as permitted and regulated by the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (MCL 333.27101) as amended, and marihuana retailers, which are businesses operating as permitted and regulated by the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, (MCL 333.27951 et seq.), as amended. Allowing for these uses in only one area of the city will facilitate public safety enforcement efforts. Promoting the redevelopment of this corridor is also a goal of the City of Greenville Master Plan.

(b)

Permitted uses. Land and structures in the North Lafayette District may be used for the following purposes by right:

(1)

All uses permitted by right in the C-2, General Commercial District as listed in section 46-159(b) herein.

(c)

Special land uses. Land and/or buildings in the North Lafayette District may be used for the following purposes when approved by the planning commission in accordance with the requirements of article VI of this chapter.

(1)

All uses permitted with special land use approval in the C-2, General Commercial District as listed in section 46-159(c) herein.

(2)

Medical marihuana provisioning centers subject to all regulations and requirements of division I, article V of chapter 10, of the codified ordinances of the City of Greenville.

(3)

Marihuana retailers, subject to all regulations and requirements of division II, article V of chapter 10 of the codified ordinances of the City of Greenville.

(d)

Site development requirements.

(1)

Site development requirements shall be as required by section 46-159(d) herein and also those regulations of this zoning ordinance which are applicable to the uses allowed in the North Lafayette District, with the exception that where the requirements of article V of chapter 10 conflict with the requirements of section 46-159, the requirements of article V of chapter 10 shall prevail.

(2)

Signs for all uses in the North Lafayette District shall be subject to the sign requirements of the C-2 District except that medical marihuana provisioning centers and marihuana retailers are also subject to the following requirements:

a.

No sign shall advertise a specific marihuana product, pricing, or special sale of any marihuana product;

b.

A sign may include the words "cannabis" or "marihuana" or "medical" and graphics such as leaves but excluding graphics of specific products;

c.

A sign may include the name of the establishment.

(e)

Buffering.

(1)

A medical marihuana provisioning center facility or marihuana retailer shall not be located within:

a.

Two hundred feet from another medical marihuana provisioning center facility or marihuana retailer;

b.

One thousand feet from a school as defined herein, whether or not it is within the city;

c.

One thousand feet from a commercial day care facility that is required to be licensed or registered with the State of Michigan Department of Health and Human Services or its successor agency, whether or not it is within the city.

(2)

For the purpose of calculating the buffering distance requirements of this section, the distance shall be measured as the distance along a horizontal straight line beginning at the nearest point to the buffered use on the parcel line of the parcel upon which a provisioning center or marihuana retailer is proposed, to the nearest point on the parcel line of the parcel upon which the buffered use is located.

(3)

For provisioning centers or marihuana retailers under this section located within a multi-tenant commercial retail structure or center, the distance to a buffered use shall be measured from the closest wall of the suite or business address occupied by the provisioning center or marihuana retailer to the closest parcel or boundary line of the occupied property of the buffered use. Property for a multi-tenant retail structure shall not include the parking area of the structure.

(Ord. No. 22-01, § 4, 2-1-2022; Ord. No. 24-10, § 2, 7-16-2024)

Sec. 46-168. - IPD Industrial Park District.

(a)

Intent. The intent of the Industrial Park District is to provide a suitable location in the City of Greenville for a variety of industrial land uses that benefit from the opportunities and services available in the Greenville Industrial Park (the "Park"). This district is intended to promote the specific purpose of the Economic Development Corporation of Greenville, Michigan, which is that the park be utilized by manufacturers, light industry, industrial processors, warehouses, wholesale and similar non-retail establishments.

(b)

Permitted uses. Land and structures in the Industrial Park District may be used for the following purposes by right:

(1)

All use permitted by right in the IND, Industrial District as listed in section 46-161(b) herein.

(2)

Medical marihuana facilities including, and limited to, only marihuana grower, marihuana processor, marihuana secure transporter, and marihuana safety compliance facility, subject to all regulations and requirements of division I, article V of chapter 10 of the Code of the City of Greenville.

(3)

Marihuana establishments including and limited to only marihuana grower, marihuana processor, marihuana secure transporter, and marihuana safety compliance facility, subject to all regulations and requirements of division II, article V of chapter 10 of the Code of the City of Greenville.

(c)

Uses subject to special approval. The uses listed in section 46-161(c) herein shall be subject to special approval by the zoning administrator who shall approve, approve with conditions or deny the request based on compliance with the standards of section 46-184 (1) herein and other applicable requirements of the zoning ordinance. Any conditions imposed shall comply with section 46-184 (2) herein.

(d)

Site development requirements.

(1)

Site development requirements shall be as required by section 46-161(d) herein with the exception that where the requirements of division I of article V of chapter 10 or the requirements of division II of article V of chapter 10 conflict with the requirements of section 46-161, the requirements of division I or II of article V of chapter 10 shall prevail.

(2)

Signs for all uses in the Industrial Park District shall be subject to the sign requirements of the Industrial District.

(Ord. No. 22-01, § 5, 2-1-2022)