A.   The erection of any building or structure in any zoning district for any principal permitted use in the City.

         B.   Any land use requiring special approval, conditional rezoning, or planned unit development, other than one single-family residence and accessory buildings and structures thereto, subject to the procedures set forth in this section unless otherwise provided in paragraph (b)(2) hereof.

      C.   Establishment of any regulated use unless expressly exempted in this Article.

      D.   Development of non-residential uses in a residential zoning district.

      E.   Any development that would, if approved, provide for the establishment of more than one (1) principal use on a parcel, such as, a single-family site condominium or similar project where a single parcel is developed to include two (2) or more sites for detached single- family dwellings, excluding accessory dwelling units.

      F.   The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a residential use.

      G.   Any use or construction for which submission of a site plan is required by any provision of these regulations.

      A.   A change in the ownership of land or a structure.

      B.   Site or building improvements which increase or maintain conformity with the Zoning Code.

      C.   A change in the use of a structure to a use allowed by right in the zoning district in which it is located, and which is deemed similar to the previous use by the Building Superintendent or designee, provided that no modification to the site is proposed or required by the standards of this Ordinance and that the site maintains full and continuing compliance with this regulations.

      D.   Constructing, moving, relocating, or structurally altering a principal residential structure, including any customarily incidental accessory structures and also including excavating, filling, or otherwise removing soil where such activity is normally and customarily incidental.

      E.   Permitted home occupations.

      A.   Administrative. The Building Official or designee shall have the authority to approve all sketch plans. The Building Official or designee shall also have the authority to approve site plans meeting the criteria in this section. Nothing in this section shall be construed to prevent the consideration of a proposal by the Planning Commission.

         1.   The use is permitted by right in the established zoning district;

         2.   The proposal conforms to all requirements and specifications of this ordinance and does not require waivers or other consideration reserved to the Planning Commission or other authority; and

         3.   The proposal will result in an increase in floor area of less than 1,000 square feet or 5% of the existing floor area, whichever is less.

      B.   Planning Commission. The Planning Commission shall have the authority to approval all proposals for development permitted by right and by Special Land Use approval. For all proposals for Conditional Rezoning and Planned Unit Development, the Planning Commission shall make a recommendation as to approval to City Council.

      C.   City Council. City Council shall have the authority to approve Planned Unit Developments in accordance with Chapter 1288 and to Conditional Rezonings in accordance with Chapter 1289.

 

         A.   Site condominiums.

         1.   In the case of site condominiums, these regulations shall be applied by requiring the site condominium unit and a surrounding limited common element to be equal in size to the minimum lot size and lot width requirements for the district in which the project is located. The site condominium unit shall be equivalent to the area of the lot where a principal building can be constructed and there shall be a limited common element associated with each site condominium unit which shall be at lease equivalent to the minimum yard area requirements.

         2.   In addition, site condominium projects shall comply with the applicable design standards which have been developed for similar types of development in the City, as described in the City Subdivision Ordinance, the City Engineering Design Specifications, and other applicable ordinances and regulations, including requirements for streets, blocks, lots, utilities, and storm drainage. These requirements and specifications are hereby incorporated and are made a part of this section by reference.

      B.   Detached condominiums.

         1.   In the case of detached condominiums, these regulations shall be applied by requiring that the detached condominium units comply with the requirements governing minimum distance between buildings, attachment of buildings, and other applicable requirements for the district in which the project is located. Furthermore, proposed detached condominium projects shall not exceed the maximum permitted density for the district in which the project is located.

         2.   In addition, site condominium projects shall comply with the applicable design standards which have been developed for similar types of development in the City, as described in the City Subdivision Ordinance, the City Engineering Design Specifications, and other applicable ordinances and regulations, including requirements for streets, blocks, lots, utilities, and storm drainage. These requirements and specifications are hereby incorporated and are made a part of this section by reference.

      C.   Condominium document review and approval.

         1.   The Planning Commission shall review the final condominium documents to determine compliance with site plan approval and City and State of Michigan condominium development requirements. The Planning Commission shall approve or deny the request for final approval of the condominium documents. Condominium documents include the Condominium Subdivision Plan (Exhibit B drawing), Master Deed and Bylaws.

         2.   An application for condominium document review must be submitted to the Building Superintendent according to the requirements of paragraph (c)(3) and (4) hereof, as applicable, within one year after the date of approval of the condominium site plan by the Planning Commission, or such approval shall be deemed null and void, unless an extension subject to the requirements of paragraph (e)(6)C. hereof is granted.

         3.   No installation or construction of any improvements or land balancing or grading shall be made or begun until the final condominium documents have been approved. No removal of trees and/or other vegetation shall be started at this time except for minor clearing required for surveying and staking purposes.

 

         A.   A list of each item considered not applicable.

         B.   The reason(s) why each listed item is not considered applicable.

      (5)   The Planning Commission, Building Superintendent, or other party authorized by the City may request any additional information it deems necessary in the review of the submitted site plan.

      (1)   Pre-Application Meeting. In order to facilitate processing of a site plan in a timely manner, the City provides opportunities for potential applicants to meet with and discuss development/redevelopment proposals with City officials and staff, which may include but is not limited to the Building Superintendent, City Planner, and City Engineer, for the purposes of obtaining information and guidance in the preparation of the required site plan and application materials. The applicant may, but is not required to, present drawings or site plans at a pre-application meeting, and no formal action shall be taken on a site plan submitted for pre-application meetings. The City Planner's and City Engineer's fees for any such pre-application conference shall be paid by the applicant.

         A.   The Planning Commission will offer comments on a conceptual plan as described in 1296.01(d), showing site arrangement, context, density, landscaping, circulation, drainage, and utilities.

         B.   Conceptual site plan review is required for all special land use, planned unit development, condominium, and conditional rezoning projects.

         C.   An applicant may file a written request for conceptual review in conjunction with any project requiring site plan review.

         D.   Conceptual review fees shall be paid according to the fee schedule established by City Council.

         E.   No formal action shall be taken on a site plan submitted for conceptual review, and neither the applicant nor the Planning Commission shall be bound by any comments or suggestions made during the course of the conceptual review.

         A.   Upon confirmation from the City Planner, City Engineer, City Attorney and other consultants and staff that the site plan substantially meets the requirements of this chapter, an additional ten copies of the site plan shall be submitted to the Building Department. The Commission may prepare forms and require the use of such forms in site plan preparation. A separate escrow deposit may be required for administrative charges to review the site plan submittal.

         B.   Upon submission of all required application materials, the site plan proposal shall be distributed, at the option of the Building Superintendent, to the City Planner, City Engineer, City Attorney and other City consultants and staff for review. For site plans determined not to be in substantial compliance, the applicant may be required to complete revisions and re-submit the plans for further review prior to final action.

         C.   Technical review shall result in a report submitted to the Planning Commission with the site plan review application. Once the technical review is complete, the application will be placed on the next regularly scheduled Planning Commission meeting. All required revisions must be completed prior to the site plan being placed on the Planning Commission agenda for review.

         A.   All applications for Site Plan Review except those eligible for Administrative Review shall be considered by the Planning Commission. Planning Commission review shall be required for all Special Land Use, Conditional Rezoning, and Planned Unit Development proposals. For Conditional Rezoning and Planned Unit Development proposals, the Planning Commission shall provide a recommendation to the City Council.

         B.   Public Hearing. A public hearing conducted by the Planning Commission is required for all site plans involving uses that are subject to special land use approval, applications for conditional rezoning, and planned unit developments. After payment of appropriate fees, the Building Superintendent or designee shall set the date of the public hearing.

         A.   Three (3) copies of the application and approved plans shall be stamped APPROVED and signed by the Building Superintendent or City Planner. One marked copy shall be returned to the applicant and the other two copies will be kept on file in the City Hall.

         A.   Following final approval of the site plan and the engineering plans, the applicant may apply for a building permit. It shall be the responsibility of the applicant to obtain all other applicable City, County, or State permits and approvals prior to issuance of a building permit.

         B.   A building permit for a structure in a proposed condominium project shall not be issued until evidence of a recorded master deed has been provided to the City. However, the Building Superintendent may issue permits for site grading, erosion control, installation of public water and sewage facilities, and construction of roads, prior to recording the master deed. No permit issued or work undertaken prior to recording of the master deed pursuant to this section shall grant any rights or any expectancy interest in the approval of the master deed.

         A.   It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site plan approval was based, or until a new site design is approved. Any property owner who fails to so maintain an approved site design shall be deemed in violation of the use provisions of this Section and shall be subject to the same penalties appropriate for a use violation.

         B.   With respect to condominium projects, the master deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved site plan on a continuing basis. The master deed shall further establish the means of permanent financing for required maintenance and improvement activities which are the responsibility of the condominium association. Failure to maintain an approved site plan shall be deemed in violation of the use provisions of this Section and shall be subject to the same penalties appropriate for a use violation.

         A.   Upon approval of the site plan for a condominium project involving new construction, the condominium project developer or proprietor shall furnish the City with the following:

            1.   One (1) copy of the recorded master deed; and

            2.   One (1) copy of any condominium bylaws and restrictive covenants.

         B.   Upon completion of the project the condominium project developer or proprietor shall furnish the city with the following:

            1.   Two (2) copies of an "as built survey"; and

            2.   One (1) copy of the site plan on a mylar sheet of at least thirteen (13) by sixteen (16) inches with an image not to exceed ten and one-half (10 ½) by fourteen (14) inches.

         C.   The as-built survey shall be reviewed by the City Engineer for compliance with City ordinances. Fees for this review shall be established by the City Council.

         A.   Minor modifications to an approved site plan may be reviewed by the City Building Superintendent or his or her designee.

         B.   Minor modifications are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services, or the vulnerability to hazards. Examples of minor modifications include, but are not limited to:

            1.   An addition to an existing commercial or industrial building that does not increase or decrease the floor space by more than 25% or 3,000 square feet, whichever is less.

            2.   Re-occupancy of a vacant building that has been unoccupied for less than twelve (12) months.

            3.   Changes to building height that do not add an additional floor.

            4.   Additions or alterations to the landscape plan or landscape materials.

            5.   Relocation or screening of a trash receptacle.

            6.   Alterations to the internal parking layout of an off-street lot.

         C.   Determination of Minor Modification. The Building Superintendent, or his or her designee, shall determine if the proposed modifications are minor in accordance with the guidelines in this Section. In order to make the determination, the Building Superintendent shall solicit comments and recommendations from the Planner, Engineer, and public safety officials, as deemed necessary.

         A.   If the modifications are not deemed minor by the Building Superintendent, then full review, and approval by the Planning Commission shall be required.

         B.   Planning Commission review shall be required for all site plans that involve a request for a variance, a special land use, conditional rezoning, and planned unit development proposal that involves a discretionary decision, or a proposal that involves a nonconforming use or structure.

         C.   Examples of major modifications include, but are not limited to:

            1.   The construction of a new building or structure.

            2.   The addition or deletion of parking.

            3.   The addition of curb cuts onto a public road.

         A.   Each action related to modification of a site plan shall be duly recorded in writing on a copy of the approved plan and shall be kept on file in the office of the Building Superintendent.

         B.   The Planning Commission shall be advised of all minor site plan modifications approved by the Building Superintendent and such modifications shall be noted on the site plan and in the minutes of the Planning Commission.

(Res. 2020-298A. Passed 10-5-20, Eff. 10-19-20.)

The following standards are in addition to the requirements of Section 1296.01, Site Plan Review:

Note: The requirements noted in this section are in addition to, or, where in conflicts, supersede, those general requirements by zoning districts, as indicated in Section 1296.01, Site Plan Review. For all uses permitted after special approval, see the processing requirements in Section 1262.08, Special Approvals.

   A.   Adult Foster Care Group Homes

      1.   The site shall be evaluated for the degree of potential residential and commercial use conflicts.

      2.   No foster care group home shall be located closer than one thousand five hundred (1,500) feet to any other foster care group home or foster care family home, measured from the nearest wall of each such structure.

      3.   No additional facility shall be approved which would contribute to an excessive concentration of foster care group homes within a neighborhood.

   B.   Automobile and Other Vehicle Wash Establishments

      1.   A minimum front yard setback of twenty (20) feet shall be required for all structures.

      2.   Required off-street parking and vehicle waiting areas shall be provided in accordance with Chapter 1290, Off-Street Parking and Loading.

   C.   Automotive Fueling and Service Stations

      1.   See Section 1294.14, Automotive Service Stations, Repair Centers and Public Garages, for detailed regulations.

   D.   Automotive Repair Centers

      1.   See Section 1294.14, Automotive Service Stations, Repair Centers and Public Garages, for detailed regulations.

   E.   Bed and Breakfast Inns, Boarding Houses, Rooming Houses, and Lodging Houses

      1.   The site shall be evaluated for the degree of potential residential and commercial use conflicts.

      2.   Parking areas shall be located off-street and shall not be located in any required front yard.

      3.   Meals or other services provided on the premises shall only be available to residents, employees and overnight guests of the establishment.

      4.   The dwelling unit in which the establishment is located shall be the principal residence of the operator, and such operator shall live on the premises while the establishment is active.

   F.   Breweries, Distilleries, Canning Factories, Chemical Plants

      1.   The site shall be evaluated for consideration of potential odor and pollution nuisances.

   G.   Cemeteries

      1.   Sites shall have a minimum lot area of ten (10) acres.

      2.   All structures must be a minimum fifty (50) feet from any lot line.

      3.   The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.

   H.   Churches

      1.   Sites shall have a minimum lot area of one (1) acre.

      2.   The minimum lot width shall be one hundred fifty (150) foot, and the minimum side and rear yards shall be twenty-five (25) feet.

      3.   Screening meeting the requirements of Section 1294.28, Screening, shall be provided along the sides of the parking area adjacent to a residential district.

      4.   The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.

      5.   No off-street parking is allowed in any required front yard.

   I.   Cocktail Lounges and Night Clubs

      1.   Uses are not permitted within five hundred (500) feet of any church or school.

   J.   Commercial Green-houses, Nurseries and Garden Centers Exceeding One Thousand (1,000) Square Feet

      1.   Sites shall have a minimum lot area of one (1) acre.

      2.   All structures must be a minimum of forty (40) feet from all lot lines.

      3.   The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.

      4.   All loading activities and parking areas shall be provided on the same premises off-street.

      5.   The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

   K.   Commercial Outdoor Recreation Establishments (Excluding Golf-related Uses)

      1.   Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.

      2.   No building or spectator seating facility shall be located within fifty (50) feet of a property line.

      3.   The site shall be periodically cleared of debris so that litter does not accumulate on adjacent properties.

      4.   Provisions shall be taken to insure that excessive dust, noise, traffic, lighting glare, and trespassing are not inflicted on adjacent properties.

   L.   Convalescent or Nursing Homes, Housing for the Elderly

      1.   The site shall be evaluated for the degree of potential residential and commercial use conflicts.

      2.   The allowable density of the underlying zoning district may be increased by no more than 50% for all nursing care units licensed by the State of Michigan, or 25% for non-licensed nursing care and supportive care units.

      3.   All dwelling units shall have a minimum of four hundred fifty (450) square feet per unit.

      4.   Retail and service uses may be permitted on the site if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses.

      5.   All medical waste facilities shall be secured and meet the requirements of the Public Health Department of the State of Michigan.

      6.   Walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.

   M.   Drive-in or Drive-through Establishments

      1.   Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.

      2.   See Section 1294.16, Drive-in and Drive-through Establishments, for further design standards.

   N.   Essential Public Service Buildings and Structures, Pubic Utility Buildings, Telephone Exchange Buildings, Electric Transformer Stations and Substations, Gas Regulator Stations

      1.   Screening requirements are subject to Council approval based on analysis of potential effect on surrounding properties.

      2.   No storage yards are permitted in residential districts.

      3.   Applications must provide evidence of the necessity for the proposed location.

      4.   Electric or gas regulator equipment and apparatus shall be set back a minimum of thirty (30) feet from all lot lines.

   O.   Funeral Homes

      1.   Sites shall have a minimum lot area one (1) acre and minimum lot width of one hundred fifty (150) feet.

      2.   An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

   P.   Golf Courses ("Par-three" Courses)

      1.   Minimum lot size shall be forty (40) acres.

      2.   The principal and accessory buildings, including maintenance sheds, shall be set back at least seventy-five feet (75) from all property and street lines.

      3.   Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way.

      4.   Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted to protect nearby residential districts.

   Q.   Home Based Businesses

      1.   See Section 1294.39, Home-based Businesses, for detailed regulations.

   R.   Hospitals

      1.   Sites shall have a minimum lot area of two (2) acres.

      2.   Front, side and rear yard minimum setbacks shall be fifty (50) feet.

      3.   The maximum height of a hospital structure shall not exceed five (5) stories or sixty (60) feet.

      4.   Parking setbacks shall be forty (40) feet in the front yard, and twenty (20) feet for side and rear yards.

      5.   All structures to be a minimum of one hundred (100) feet from any lot lines of adjacent residentially zoned districts.

      6.   Ambulance and delivery areas shall be obscured from all residential property view with screening meeting the requirements of Section 1294.28, Screening.

      7.   Site must abut a principal regional thoroughfare, with all ingress and egress directly to such thoroughfare.

      8.   Auxiliary uses, such as a pharmacy, gift shop, cafeteria and similar customary hospital related uses shall be allowed.

      9.   Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separated uses. Only one-half (1/2) the total number of parking spaces within gated or restricted physician parking lots shall be included in parking calculations.

      10.   Hospitals shall be constructed, maintained, and operated in conformance with applicable State and Federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act 299 of 1947, as amended.

   S.   Junkyards and Scrap Yards

      1.   Sites shall have a minimum lot area of ten (10) acres.

      2.   A fifty (50) foot wide buffer strip as defined in Section 1296.03, Landscaping Standards, shall adjoin all property lines.

      3.   A solid, ornamental masonry wall meeting the requirements of Section 1294.28, Screening, shall be required at interior boundaries of buffer strip.

      4.   Junk and scrap materials may not be stacked higher than the height of the screening wall.

      5.   Vehicles or vehicle bodies shall be stored in rows with a minimum of twenty (20) foot continuous loop drives separating each row of vehicles.

      6.   Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard.

      7.   No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at the top of the wall enclosing the yard.

      8.   All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

      9.   The front obscuring wall shall be set back the same distance as a building in the General Industrial District (GID), and all such walls shall be set back a minimum of five hundred (500) feet from any residential use or district.

      10.   In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or Federally recognized holidays.

      11.   The Planning Commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the City. These conditions can include a provision for an annual inspection by the Building Superintendent to ensure continuing compliance with the above standards.

   T.   Kennels

      1.   Sites shall have a minimum lot area of two (2) acres.

      2.   All outdoor runs or breeding areas to be enclosed on all sides screening meeting the requirements of Section 1294.28, Screening, and located at least ten (10) feet from any property line.

      3.   Building wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than one hundred (100) feet to an adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area.

      4.   Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance such as fencing, soundproofing, or sanitary requirements.

   U.   Mechanical Amusement Device Arcades, Pinball Parlors, or Pool Halls

      1.   Sites are not permitted within five hundred (500) feet of any church or school.

   V.   Mining, Excavating or Other Removal of Sand, Earth, Minerals, Etc.

      1.   All structures and machinery shall be a minimum of one hundred (100) feet from all property lines and two hundred (200) feet from any residential districts.

      2.   Submission of a screening plan is required, except for topsoil removal.

      3.   The applicant shall submit a written statement describing: an indication of the proposed use of the property following the extraction; an approved reclamation plan; documentation that demonstrates to the satisfaction of the City that activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values or use of adjacent land.

      4.   Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrological studies that the water can be maintained in a non-polluted condition, and that the applicant meets any requirements of the State of Michigan.

      5.   Truck routing shall be restricted to those streets designed to accommodate truck traffic on a year-round basis.

      6.   A reclamation plan shall be provided indicating final grades which are level with surrounding grades and not in excess of 5% unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed from the site; topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof.

      7.   The site shall be enclosed with a six (6) foot security fence with a locking access gate. Such fences shall be placed no closer than fifty (50) feet to the top or bottom of any slope.

      8.   No slope shall exceed an angle with the horizontal of forty-five (45) degrees.

      9.   No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office.

      10.   Proper measures shall be utilized to minimize the nuisance of noise and dust or airborne materials, as determined by the Building Superintendent, and may include requirements on stockpiling size and/or covering of stockpiles.

   W.   Nursery Schools, Day Nurseries, and Child Care Centers

      1.   An outdoor play area shall be required of one hundred (100) square feet per child cared for, with a total minimum area of one thousand five hundred (1,500) square feet.

      2.   An on-site drive shall be provided for drop-off/pick-ups. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public street.

   X.   Open Air Business Uses (See definition in Section 1260.08, Rules of Construction; Definitions)

      1.   Sites shall be visually screened from all adjoining residential and commercial properties by screening meeting the requirements of Section 1292.28, Screening.

      2.   Sites shall meet any required screening standards required by this Zoning Code.

      3.   No exterior lighting shall cause a driving hazard on abutting street, nor be exposed to any adjacent residentially zoned property.

      4.   A five (5) foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this Zoning Code.

      5.   The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent,    durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

   Y.   Open Storage Yards of Buildings and Construction Contractors, Landscaping Contractors, and Lumber Yards

      1.   Sites shall be visually screened from all adjoining residential and commercial properties by solid, ornamental masonry wall at least eighty (80) feet in length and six (6) feet in height.

      2.   Any storage or display area shall comply with the minimum setback requirements for the district in which the facility is located and no storage or outside display shall be permitted within any front yard.

      3.   Any outside storage area shall be paved or surfaced with hard surface material and shall include a storm water drainage system.

      4.   Heavy construction equipment such as bulldozers and front-loaders shall not be stored or used on the site. The size of such equipment shall be limited to a one (1) yard bucket.

      5.   The storage of soil, fertilizer and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties.

      6.   All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the obscuring screen within an area of twenty (20) feet from the obscuring screen. Any obscuring screen shall not exceed six (6) feet in height.

   Z.   Outdoor Cafés, Outdoor Eating Areas, Carry-out, and Open Front Restaurants.

      1.   A minimum of five (5) feet of sidewalk along the curb and leading to the entrance to the establishment must be maintained free of tables and other encumbrances. If the sidewalk is not wide enough to allow for a five (5) foot wide clearance for circulation, the outdoor café should not be permitted. Planters, posts with ropes, or other removable enclosures should be encouraged and should be used to define the area occupied by the outdoor café.

      2.   Pedestrian circulation and access to building entrances should not be impaired. A boundary (maximum encroachment width and length) into the public sidewalk should be established with an accessible aisle being maintained between this line and the curb, in accordance with the provisions of all State and Federal regulations.

      3.   The outdoor café must be kept clean, litter-free, and with a well-kept appearance within and immediately adjacent to the area of the tables and chairs. Additional outdoor waste receptacles may be required. Written procedures for cleaning and waste containment and removal responsibilities must be included with all applications and approved by the Planning Commission.

      4.   Tables, chairs, planters, waste receptacles, and other elements of street furniture should be compatible with the architectural character of the adjacent buildings. If table umbrellas will be used, they should compliment building colors.

      5.   Additional signs are not permitted beyond those permitted for the existing restaurant.

      6.   The hours of operation for the outdoor café should be established and noted with the application.

      7.   Preparation of food and beverages may be prohibited in the outdoor café.

      8.   Liability issues for use of the public sidewalk should be addressed and reviewed by the City Attorney.

   AA.   Outdoor Theaters

      1.   All sites to have a minimum lot area of ten (10) acres and all structures shall be a minimum of one hundred (100) feet from all lot lines.

      2.   Screens may not face a principal or regional thoroughfare.

      3.   Entire sites shall be fenced.

      4.   Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.

      5.   No viewing areas shall be located closer than forty (40) feet to any lot line.

   BB.   Private Parks, Country Clubs, Golf Courses and Golf Driving Ranges

      1.   Sites shall a minimum lot area of five (5) acres.

      2.   All structures shall be a minimum of one hundred (100) feet from adjacent residentially zoned districts.

      3.   Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.

      4.   Whenever any such use abuts a residential district, a transition strip at least one hundred (100) feet in width shall be provided between all operations, buildings and structures, including fences, and the residential property. Grass, plant materials, and structural screens of a type in accordance with Section 1296.03, Landscaping Standards, shall be placed within the transition strip.

      5.   A minimum yard of one hundred (100) feet shall separate all buildings, uses, operations, and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with Section 1296.03, Landscaping Standards.

   CC.   Radio and Television Towers

      1.   Sites shall have a minimum lot area of ten thousand (10,000) square feet.

      2.   Towers shall be located at a distance from each lot line equivalent to or greater than the height of the tower.

   DD.   Recreation Vehicle Storage Yards

      1.   Sites shall have a minimum lot area of one (1) acre.

      2.   Storage areas to be enclosed by a cyclone fence five (5) feet in height. Additional height may be permitted for barb wire cradling.

   EE.   Regional Shopping Centers

      1.   Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.

      2.   The design shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the center, and traffic on adjacent streets and thoroughfares.

      3.   Internal circulation shall be designed such that no intersection includes more than four (4) aisles or drives.

      4.   Site entrances shall be restricted to three-way movements, with unrestricted inbound movements.

      5.   Internal drives defined by the ends of aisles shall have raised curbed islands at appropriate locations to define circulation paths and control movements through the parking lot.

      6.   Loading facilities which serve the commercial establishment in the principal building shall be screened from public view.

      7.   Any outlots shall have circulation and parking designed to complement the remainder of the site.

   FF.   Retail and Service Uses Located Within High-rise Multiple-family Structures

      1.   Uses, parking and signs shall be sized, designed and located to be in harmony with the character and quality of the multiple-family development. See Section 1270.03, Uses Permitted After Special Approval.

   GG.   Self-storage Warehouses

      1.   The minimum lot area shall be three (3) acres.

      2.   The minimum building and parking setback shall be fifty (50) feet from any public street right-of-way line, fifty (50) feet setback from any residential district and twenty- five (25) feet from any nonresidential zoning district.

      3.   The front yard and any side yards adjacent to residential districts shall include screening and landscaping in accordance with the requirements of this Zoning Code.

      4.   All storage shall be completely within enclosed buildings or structures.

      5.   A structure for a resident manager may be allowed on the site.

      6.   The use shall be limited to storage only.

   HH.   Schools, Primary and Secondary Public Schools, Commercial Schools and Colleges

      1.   All play areas adjacent to a residential district must be fenced.

      2.   Bus and automobile drop-off and pickup drives shall be separate from, and not conflict with, through travel lanes of any street.

   II.   Temporary Buildings for Use Incidental to Construction Work

      1.   Such uses are allowed for a period not to exceed one (1) year.

   JJ.   Veterinary Clinics and Hospitals

      1.   Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m.

      2.   All boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel.

      3.   Outdoor enclosures or runs visible to adjacent residential districts shall be screened with screening meeting the requirements of Section 1292.28, Screening.

   KK.   Wireless Communication Facilities

      1.   See Section 1294.35, Wireless Communication Facilities; Antennae, Towers, and Satellite Dish Antennae, for detailed standards.

   LL.   Indoor Flea Markets.

      1.   The indoor flea market operator maintains a complete and accurate file of the current and valid licenses issued to each of the flea market vendors conducting business at that location.

      2.   The applicant shall specify the days and hours of operation.

      3.   The use and all vendors shall comply with the provisions of the Lincoln Park Code of Ordinances Chapter 870, Secondhand Dealers.

      4.   No merchandise shall be stored, displayed, or sold outside of a building.

      5.   Outdoor storage or parking of vehicles shall be prohibited between 10:00 p.m. and 7:00 a.m. of the following day.

(Res. 2012-259A. Passed 8-20-12, effective 9-5-12.)

   MM.   Antique malls.

      1.   The business is under the unified control and supervision of one licensed person, partnership, firm or corporation referred to as the antique mall operator.

      2.   The antique mall operator maintains a complete and accurate file of the current and valid licenses issued to each of the antique mall dealers conducting business at that location.

      3.   The applicant shall specify the days and hours of operation.

      4.   The use and all vendors shall comply with the provisions of the Lincoln Park Code of Ordinances.

      5.   No merchandise shall be stored, displayed, or sold outside of a building.

      6.   Outdoor storage or parking of vehicles shall be prohibited between 10:00 p.m. and 7:00 a.m. of the following day.

   NN.   Pawn shops.

      1.   A 1,000 foot separation shall be maintained at all times between pawn shop use and existing pawn shop. Measurement of the one-thousand (1,000) foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed pawn shop use will be situated.

      2.   No pawn shop use shall be permitted within a five hundred (500) foot radius of a residential district.

      3.   The applicant shall specify the days and hours of operation.

      4.   No merchandise shall be stored, displayed, or sold outside of the building.

      5.   Pawn shops shall comply with all other applicable federal, state and local laws, regulations, and licenses.

   OO.   Body Art Facilities

      1.   No body art facility shall be permitted within one thousand (1,000) feet of another body art facility.

   PP.   Marihuana Establishments

      1.   All establishments and facilities shall operate in compliance with the Michigan Department of Community Health, the MRTMA, the MMMA, and all administrative rules and regulations in the Ordinance Chapter 853 Marihuana Licenses.

      2.   A minimum setback of two hundred (200) feet shall separate a marihuana establishment from all public or private schools providing education for kindergarten through 12th grade.

      3.   There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage.

      4.   The marihuana business shall comply with all performance standards as set forth in Section 1294.31 of this Zoning Code. Such compliance shall specifically include adequate facilities for ventilation and odor control.

      5.   The location from which a primary caregiver manufactures, stores, and distributes medical marihuana to a qualifying patient shall not be used by another primary caregiver for any purpose whatsoever.

      6.   Except for marihuana retail establishments and provisioning establishments, dispensing of marihuana is prohibited.

      7.   Temporary outdoor marihuana special events are prohibited.

      8.   All activity related to marihuana businesses shall be conducted indoors.

      9.   No outdoor storage shall be allowed.

      10.   Waste receptacles that are outdoors must be enclosed, and locked at all times when not in use.

      11.   Loading zones for any marihuana business shall not be visible to the public. Loading zones shall be either fully or partially enclosed. Loading zones shall be any of the following: an area indoors that meets the loading zones size requirements, an area enclosed by two or more walls, a vehicle bay, or garage, or any other configuration that blocks the transfer of goods from vehicle to facility. All products shall be transferred directly from the vehicles into the establishment. Should a vehicle have to maneuver to enter the loading zone, it is subject to parking lot requirements in 1290.08.

      12.   A marihuana establishment may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.

      13.   Provisioning centers and retail facilities shall be open to the public no earlier than 9:00 a.m. and shall close no later than 10:00 p.m.

      14.   If a building with windows is utilized as a marihuana grower facility, any lighting methods shall not exceed the foot candles permitted for the exterior of the building between the hours of 11:00 p.m. and 7:00 a.m.

      15.   A roof on a marihuana grower facility may consist of a sturdy transparent material, such as glass, approved by the Building Superintendent, to allow for sunlight into the growing area of the building. If such transparent material is utilized, it must be fully covered with a non-transparent material between dusk and dawn that prevents interior lighting from escaping through the roof.

      16.   The portion of the structure where the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Lincoln Park Fire Department to ensure compliance with the Michigan Fire Protection Code.

      17.   Exterior lighting shall be required for security purposes, and shall be implemented in accordance with the provisions of the Zoning Ordinance.

      18.   If a marihuana business ceases operation for a length of time of one hundred twenty (120) days or greater, any Special Use permit shall expire. (Res. 2020-320A. Passed 10- 19-20. Eff. 11-4-20.)

   QQ.   E-Commerce establishments

      1.   Between ten (10%) and twenty-five percent (25%) of gross floor area shall be dedicated to customer facing retail. The Planning Commission shall have discretion in determining the required percentage depending on the proposed goods to be warehoused, distributed, and/or retailed.

      2.   A plan for shipments shall be required.

      3.   Pick-up and delivery trucks shall be limited to 26 feet in length.

      4.   No semi tractor-trailer trucks shall be permitted for pick-up and delivery. (Res. 2022-146A. Passed 5-16-22. Eff. 6-1-22.)

(Res. 98-340A. Passed 9-21-98; Res. 08-383A. Passed 12-15-08; Res. 2012-223A. Passed 7-16-12. Eff. 8-1-12; Res. 2012-259A. Passed 8-20-12. Eff. 9-5-12; Res. 2016-13A. Passed 2-1-16. Eff. 3-2-16; Res. 2018-99A. Passed 4-16-18. Eff. 5-2-18; Res. 2022-167A. Passed 6-20-22, Eff. 7-6-22.)

   (a)   Intent. The intent of this section is to establish minimum standards for the design, installation, and maintenance of landscaping along public streets, as buffer areas between uses, on the interior of a site, within parking lots, and adjacent to buildings. Landscaping is viewed as a critical element contributing to the aesthetic quality, development quality, stability of property values, privacy, and the overall character in the City. The standards of this section are also intended to provide incentives to preserve quality mature trees, screen headlights to reduce glare, integrate various elements of a site, help ensure compatibility between land uses, assist in directing safe and efficient traffic flow at driveways and within parking lots, and minimize negative impacts of stormwater runoff and salt spray.

   The landscaping standards of this section are considered the minimum necessary to achieve the intent. In several instances, the standards are intentionally flexible to encourage flexibility and creative design. Applicants are encouraged to provide additional landscaping to improve the function, appearance and value of their property.

   (b)   Requirements and Timing of Landscaping.

      (1)   Plan required. Landscaping shall be included with any site plan or plot plan application reviewed by the Planning Commission. A separate landscape plan shall be submitted at a minimum scale of one (1) inch equals forty (40) feet. The landscape plan shall clearly describe the location, type, size, and spacing of all plant materials. It shall also include planting details and specifications clearly describing planting technique, material installation, planting mixtures, mulch, material depth, seed blends, and other necessary information.

      (2)   Installation and inspection. Wherever this Zoning Code requires landscaping or plant materials, the same shall be planted within six (6) months from the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials which may be supplemented with other plantings. The Building Superintendent may require a performance guarantee to cover the cost of landscaping prior to issuing a certificate of occupancy.

   Landscaping shall be installed in a sound manner according to generally accepted planting procedures with the quality of plant materials as hereinafter described. Landscaped areas shall be protected from vehicular encroachment by use of concrete curbing. Landscaped areas shall be elevated above the pavement to a minimum height of six (6) inches to protect plant materials from snow removal operations, salt, and other hazards. If building or paving construction is completed in an off-planting season, a temporary certificate of occupancy may be issued only after the owner provides a performance bond to ensure installation of required landscaping in the next planting season.

   An inspection of plant materials will be conducted by the Building Superintendent within three (3) months of written notification of installation to release the performance guarantee.

      (3)   Plant material standards. It is the intent of this section that an interesting and thoughtful mixture of plantings shall be provided. Therefore, all required landscaping shall comply with the following minimum plant material standards, unless otherwise specified within this Zoning Code. These standards may be varied by the Planning Commission when these established minimums will not serve the purpose and intent of this section.

         A.   Plant quality. Plant materials permitted in required landscaped areas shall be nursery grown, hardy to the climate of southeast Michigan, long lived, resistant to disease and insect attack, and shall have orderly growth characteristics.

         B.   Plant size specifications.

            1.   Trees. Required trees shall be of the following sizes at the time of planting, unless otherwise stated in this section.

               a.   Deciduous trees. Two and a half (2 ½) inch caliper minimum trunk measurement at four (4) feet off the ground, with a minimum eight (8) feet in height above grade when planted.

               b.   Evergreen trees. Eight (8) feet in height, with a minimum spread of three (3) feet. The size of the burlapped root ball shall be at least ten (10) times the caliper of the tree measured six (6) inches above grade.

               c.   Deciduous ornamental trees. One (1) inch caliper minimum at three (3) feet off the ground, with a minimum height of six (6) feet above grade when planted.

            2.   Shrubs. Minimum twenty-four (24) inches in height above planting grade.

            3.   Hedges. Planted in such a manner as to form a continuous unbroken visual screen within two (2) years after planting.

            4.   Vines. Minimum of thirty (30) inches in length after one (1) growing season.

            5.   Ground cover. Planted in such a manner as to present a finished appearance and reasonably complete coverage after one (1) complete growing season.

            6.   Grass. Planted in species normally grown as permanent lawns in southeast Michigan. Grass may be plugged, sprigged, seeded, or sodded, except that rolled sod, erosion reducing net, or suitable mulch shall be used in swales or other areas subject to erosion. Grass, sod, and seed shall be clean and free of weeds, noxious pests, and disease.

            7.   Mulch material. Minimum of six (6) inches deep for planted trees, shrubs, and vines, and shall be installed in a manner as to present a finished appearance.

         C.   Approved plant species. Unless otherwise provided herein or elsewhere within this Zoning Code, or specifically permitted by the Planning Commission, all required plant materials shall be of the following species:

            1.   Deciduous trees. Hard Maple, Oak, Beech, Ash, Ginko (maple only), Bradford Pear, Linden, Honey Locust (thornless).

            2.   Evergreen trees. Fir, Spruce, Pine, Hemlock.

            3.   Deciduous ornamental trees. Amur Maple, Dogwood, Redbud, Magnolia, Hicks Yew, Pfitzer Juniper, Ornamental Cherry, Viburnum, Flowering Crabapple.

            4.   Shrubs. Honeysuckle, Lilac, Cotoneaster, Forsythia, Euonymus, Hydrangea, Privet, Alpine Currant, Barberry, Flowering Quince, Spreading Yew, Juniper, Burning Bush, Spiraea, Mugo Pine, Bayberry.

            5.   Ground Cover. Pachysandra, Spreading Juniper, Wintercreeper, Periwinkle, English Ivy.

         D.   Prohibited plant materials. The following plant materials shall not be used for landscaping purposes under any circumstances because of susceptibility to storm damage, disease, or other undesirable characteristics: Box Elder, Silver Maple, American Elm, Horse Chestnut, Poplar, Aspen, Ailanthus, Catalpa, European Barberry.

   (c)   Special Provisions for Existing Sites. Special provision is made for applying these standards to developed sites which existed prior to the City adopting landscaping requirements. Therefore, when an existing site is undergoing redevelopment, improvement, a change in use, or expansion, the objective of these standards is to gradually bring the existing site into compliance with the minimum standards of this section in relation to the extent of expansion or change on a site.

   When reviewing plans for a change in use or expansion which requires site plan review, the Planning Commission shall require an upgrade in landscaping, using the following as guidelines:

      (1)   Each building expansion of one percent (1%) of gross floor area should include at least two percent (2%) of the landscaping required for new developments, or a minimum of thirty percent (30%) of the landscaping required for new developments, whichever is greater.

      (2)   Landscaping along the street and as a buffer between adjacent land uses should take priority over parking lot and site landscaping. Where parking lot landscaping cannot be provided, additional landscaping along the street or in the buffer areas should be considered.

   (d)   Required Landscaping Along Public Streets. One of the following street landscaping options is required on land abutting public rights-of-way or where otherwise referenced.

      (1)   Greenbelt. A required greenbelt shall meet the following standards:

         A.   Greenbelts shall have a minimum width of ten (10) feet. The Planning Commission may permit the width of the greenbelt to be reduced in cases where existing conditions do not permit a ten (10)-foot width and in Business Districts where it is desirable to maintain a shallow front setback. In such cases, the greenbelt requirement may be met through the provision of street trees within the curbline, or the provision of landscaping as required below.

         B.   At least one (1) deciduous tree (minimum two and half (2 ½) inch caliper) and four (4) minimum twenty-four (24) inch high shrubs shall be planted per each forty (40) linear feet of street frontage. Location of the trees and shrubbery is discretionary. In business districts, additional canopy trees may be provided in lieu of the requirement for shrubs at the rate of one (1) additional canopy tree for every four (4) required shrubs.

         C.   The greenbelt area shall contain grass, vegetation ground cover, six (6)-inch shredded bark mulch, or six (6)-inch deep crushed stone on a weed barrier, excluding marble chips or lava rock, and curbed or edged as necessary. Steel, aluminum, or black plastic edging shall be used for any planting beds.

         D.   Where headlights from parked vehicles will shine into the right-of-way, the Planning Commission may require use of a totally obscuring hedge with a minimum height of twenty-four (24) inches and a maximum height of thirty-six (36) inches.

      (2)   Berms. A combination of a raised earth berm and plantings where and when required shall meet the following standards:

         A.   Berms shall have a minimum height of two (2) feet with a crest at least three (3) feet in width. The height of the berm may meander if the intent of this section is met and an appropriate screen is provided.

         B.   The exterior face of the berm shall be constructed as an earthen slope, with a slope not to exceed one (1) foot of vertical rise to three (3) feet of horizontal distance (1:3). The interior face of the berm may be constructed as an earthen slope or retained by means of a wall, terrace, or other means acceptable to the Planning Commission.

         C.   At least one (1) deciduous tree (minimum two and a half (2 ½) inch caliper) shall be provided for each thirty (30) feet of lineal street berm length.

         D.   At least one (1) minimum twenty-four (24) inch high shrub shall be provided for each one-hundred (100) square feet of berm surface area (calculated from a plan view).

         E.   Berm slopes shall be protected from erosion by sodding or seeding. If slopes are seeded, they shall be protected until the seed germinates and a permanent lawn is established by a straw mulch, hydro-mulching of netting specifically designed to control erosion.

         F.   The base of any sign placed within the berm shall be at, or below, the average grade along the berm.

      (3)   Buffer strip. A buffer strip may be required, particularly where the adjacent uses and those across the street are residential in character or less intense than the use of the subject site. The intent of the buffer strip is to have a minimum five (5)-foot high obscuring area along side or rear lot lines, and an appropriate landscaped strip along front lot lines. A buffer strip shall meet the following requirements:

         A.   Buffer strips shall have a minimum width of ten (10) feet.

         B.   All trees shall be evergreens a minimum eight (8)-feet high at planting.

         C.   The buffer planting area shall contain grass, vegetation ground cover, six (6)- inch shredded bark mulch, or six (6)-inch deep crushed stone on a weed barrier, excluding marble chips or lava rock, and curbed or edged as necessary. Steel, aluminum, or black plastic edging shall be used for any planting beds.

         D.   The following species and planting spacings are recommended:

 

   (e)   Interior Landscaping. For every new development, except for single-family detached dwelling units in the Single Family Residential Districts (SFRD), there shall be interior landscaping areas exclusive of any other required landscaping consisting of at least ten percent (10%) of the total lot area. This landscaped area should be grouped near building entrances, along building foundations, along pedestrian walkways, and along service areas. All interior landscaping shall conform to the following standards:

      (1)   One (1) deciduous (minimum two and a half (2 ½)-inch caliper) or ornamental tree (minimum two (2)-inch caliper) or evergreen tree (minimum five (5) foot height) shall be provided for every four-hundred (400) square feet of required interior landscaping area.

      (2)   One (1) twenty-four (24) inch high shrub shall be provided for every two-hundred- fifty (250) square feet of required interior landscaping area.

      (3)   The interior landscaping area shall contain grass, vegetation ground cover, six (6)- inch shredded bark mulch, or six (6)-inch deep crushed stone on a weed barrier, excluding marble chips or lava rock, and curbed or edged as necessary. Steel, aluminum, or black plastic edging shall be used for any planting beds.

   (f)   Parking Lot Landscaping. Within every parking area containing ten (10) or more proposed spaces, at least one (1) deciduous tree (two and a half (2 ½)-inch minimum caliper) or ornamental tree (minimum two (2) inch caliper if tree form, six (6)-foot minimum height if clump form), with at least one-hundred (100) square feet of planting area, shall be used for every ten (10) parking spaces, in addition to any other landscaping requirements. This landscaping shall meet the following standards:

      (1)   Landscaping shall be dispersed throughout the parking lot in order to break up large expanses of pavement and help direct smooth traffic flow within the lot.

      (2)   Landscaping shall be planned and installed such that, when mature, it does not obscure traffic signs or lighting, obstruct access to fire hydrants, nor interfere with adequate motorist sight distance.

      (3)   All landscaped areas, when adjacent to streets, driveway aisles, or parking areas, shall be curbed with a concrete curb of a minimum height of six (6) inches. Dimensions of separate landscaped areas within the interior of or adjacent to parking areas shall be shown on the site plan. The minimum width of such areas shall be ten (10) feet; the minimum radii shall be ten (10) feet at ends facing main aisles and a minimum one (1) foot for radii not adjacent to main circulation aisles. The length of these areas shall be two (2) feet shorter than adjacent parking space to improve maneuvering. A parking space overhang of two (2) feet may be used to widen a landscaped area and reduce the length of a parking space by two (2) feet less than required by this Zoning Code.

   (g)   Waste Receptacle and Mechanical Equipment Screening. Waste receptacles shall be located and screened with a decorative masonry wall of at least six (6) feet in height with a solid or impervious gate. Where receptacles are taller than six (6) feet, the required screening wall shall be the minimum height required to completely screen the receptacle. The required screening wall shall be of the same material at those required for other screening walls on the site and/or the facade of the principal building. Ground-mounted mechanical equipment shall be screened with plant materials or a wall, when deemed necessary by the Planning Commission.

   (h)   Plant Materials and Minimum Spacing. All plant material shall be hardy to the area, free of disease and insects, and conform to the American Standard for Nursery Stock of the American Association of Nurserymen. The overall landscape plan shall not contain more than thirty-three percent (33%) of any one plant species. The use of trees native to the area and southeast Michigan, and a mixture of trees from the same species association, are encouraged.

      (1)   Trees and shrubs for parking areas (or comparable species).

   London Plane Tree   Snowdrift Crabapple

   Sweetgum   Marshal Seedless Green Ash

   Linden Tree   Spiraea

   Juniper (spreading)   Dwarf Callery Pear

   Hawthorn   Honey Locust (thornless)

      (2)   Trees and shrubs for greenbelt and interior landscape areas (or comparable species).

   Amur Maple   Sweetgum   Goldenrain Tree

   Hawthorn   London Plane Tree   Scarlet Oak

   White Ash (seedless)   Pin Oak   European Linden

   Honey Locust (thornless)   Little Leaf Linden   Zelkova

   Juniper   Border Privet   Gingko

   Mugo Pine   Serbian Spruce   Mockorange

   Euonymus   Cotoneaster   Snowdrift Crabapple

   Hedge Maple   Bayberry   European Hornbean

   Viburnum   Dense Yew   Hicks Yew

   Dwarf Callery Pear   Red Maple   Sugar Maple

   (Bradford)

      (3)   Salt-resistant trees and shrubs (or comparable species).

   Pinus Nigra   Sweetgum   Black Locust

   Juniper (sp.)   Honey Locust (thornless)   Bayberry

      (4)   Trees and shrubs for shady areas (or comparable species).

   Euonymus   Honey Locust (thornless)   Arborvitae (sp.)

   Mahonia Aquifolium   Alpine Currant   Dogwood

   Amelanchier   Mountain Laurel   Viburnum

Cotoneasters

      (5)   Trees not permitted (except where they are considered appropriate for the ecosystem, such as in a wetland environment not in proximity to any existing or proposed buildings or structures).

   Box Elder   Soft Maple (Silver)   Elm

   Poplar   Willow   Tree of Heaven

   Catalpa   Buckthorn   European Alder

   Horse Chestnut (nut bearing)

      (6)   Plant material spacing. Plant materials shall not be placed closer than four (4) feet from the fence line or property line. Plant materials used together in informal groupings shall meet the following on-center spacing requirements:

 

   (i)   General Layout And Design Standards.

      (1)   Landscaped areas and plant materials required by this Zoning Code shall be kept free from refuse and debris. Plant materials, including lawns, shall be maintained in a healthy growing condition, neat and orderly in appearance. If any plant material required by this Zoning Code dies or becomes diseased, it shall be replaced within thirty (30) days of written notice from the City or within an extended time period as specified in said notice.

      (2)   Tree stakes, guy wires and tree wrap are to be removed after one (1) year.

      (3)   All landscaped areas shall be provided with a readily available and acceptable water supply, or with at least one (1) outlet located within one-hundred (100) feet of all planted material to be maintained. Frontage landscaping, boulevard medians, interior parking lot landscaped areas, and other curbed landscaped areas shall be irrigated via an underground sprinkler system.

      (4)   Landscaping materials and arrangement shall ensure adequate sight visibility for motorists, adequate clearance for pedestrians and vehicles, and accessibility to fire hydrants.

      (5)   Cul-de-sacs, site entrances and boulevard medians shall be landscaped with species tolerant of roadside conditions in southeast Michigan.

      (6)   Landscaping within the site shall be approved in consideration of sight distance, size of planting area, location of sidewalks, maintenance of adequate overhead clearance, accessibility to fire hydrants, visibility to approved signs of adjacent uses, compatibility with the visual character of the surrounding area, maintenance-performance guarantee, and curbing around landscape areas.

      (7)   Plantings within fifteen (15) feet of a fire hydrant shall be no taller than six (6) inches at maturity.

   (j)   Incentives to Preserve Existing Trees. The City encourages the preservation of quality and mature trees by providing credits toward the required trees for greenbelts, buffer strips, interior landscaping, and within parking lots. Trees intended to be preserved shall be indicated with a special symbol on the site plan and be protected during construction through use of a fence around the drip line. Tree species, location, and caliper must be shown on the landscape plan. Tree protection measures must be shown and noted on the landscape plan. To obtain credit, the preserved trees shall be of a high quality and at least two and one-half (2 ½) inches caliper. Trees to be preserved shall be counted for credit only if they are located on the developed portion of the site as determined by the Planning Commission. Trees over twelve (12) inches in caliper to be removed shall be noted on the landscape plan.

   The credit for preserved trees shall be as follows. Any preserved trees receiving credit which are lost within two (2) years after construction shall be replaced by the land owner with trees otherwise required.

 

 

   The following trees are not eligible for preservation credits:

   (k)   Waiver or Modification of Standards for Special Situations. The Planning Commission may determine whether or not existing landscaping or screening intended to be preserved, or a different landscape design, would provide all or part of the required landscaping and screening. In making such a determination to waive or reduce the landscaping and screening requirements of this section, the following may be considered:

      (1)   The extent that existing natural vegetation provides desired screening.

      (2)   Whether there is a steep change in topography which would limit the benefits of required landscaping.

      (3)   The presence of existing wetlands and watercourses.

      (4)   Existing and proposed building placement.

      (5)   Whether the abutting or adjacent land is developed or planned by the City for a use other than residential uses.

      (6)   Building heights and views.

      (7)   Whether the adjacent Residential District is over two-hundred (200) feet away from the subject site.

      (8)   Whether similar conditions to the above exist such that no good purpose would be served by providing the landscaping or screening required.

      (1)   Entranceway structures shall be located on private property outside of the road right-of-way, except that such structures may be located in the median of a boulevard entrance to a subdivision or other residential development (in the road right-of-way), subject to approval by the entity having jurisdiction over the right-of-way (i.e. Wayne County, Lincoln Park, MDOT, etc.) and subject to compliance with the Unobstructed Sight Distance standards in Section 1290.08. Entranceway structures located on private property may be within the required front setback area.

      (2)   Entranceway structures shall not exceed eight (8) feet in height and eighty (80) square feet in size.

      (3)   Approval of the Building Official and issuance of a building permit shall be required prior to construction.

(Res. 10-67A. Passed 4-19-10. Eff. 5-5-10.)

   (a)   Purpose and Intent. The purpose of the following architectural and site design standards is to evaluate proposed buildings and site improvements during site plan review to ensure that certain design and appearance standards are maintained. These standards provide a means of evaluating whether the proposed building design and site layout meet the overall intent of site plan review, the Comprehensive Development Plan, and this Zoning Code. These standards also are intended to protect the general health, safety, and welfare of the City by ensuring that the City’s property values, building designs, appearance, character, and natural resources are preserved and respected by achieving high quality design and adding distinctive architectural features and roof lines to the viewscapes of the City, while providing for architectural creativity.

   (b)   Architectural Standards. All proposals requiring site plan review and fronting on a public right-of-way shall meet or exceed the following standards for architecture and building materials.

      (1)   Building form. For sites where setbacks are required and buildings are not permitted to be built to lot lines, building mass, height, bulk and width-to-height ratio must be within fifty percent (50%) to one-hundred-fifty percent (150%) of the scale and proportion of buildings within five-hundred (500) feet of the subject site, unless meeting such ratio is determined to be impractical or unreasonable by the Planning Commission.

         A.   An uninterrupted length of a single building facade shall not exceed one- hundred (100) feet for all buildings. Recesses, off-sets, angular forms, or other features shall be used to provide a changing and varying facade.

         B.   Windows shall be vertical, recessed and include visually-obvious sills. Spaces between windows shall be formed by columns, mullions, or material found elsewhere on the facade. Solid walls of glass are not permitted.

         C.   Main entrances shall be emphasized with doors larger than required by the applicable building code(s) and framing devices such as deep overhangs, recesses, peaked roof forms, porches, or arches.

      (2)   Architectural details and features. Buildings shall possess architectural variety, but shall be constructed of similar, but not identical, materials, and shall have similar, but not identical, entrances, to those buildings within five-hundred (500) feet of the subject site, unless the Planning Commission determines other building materials and forms are acceptable.

         A.   Pitched and shingled roof forms with overhanging eaves between six (6) inches of vertical rise to twelve (12) inches of horizontal run and twelve (12) inches of vertical rise to twelve (12) inches of horizontal run are recommended. Distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines should be incorporated into roof lines along building facades greater than one-hundred (100) feet. Roof-top mechanical equipment must be screened by the roof form.

         B.   Building facades greater than one-hundred (100) feet shall contain architectural features, details and ornaments such as arches, colonnades, columns, pilasters, detailed trim, brick bands, contrasting courses of material, cornices or porches. All sides of a building shall be similar in design, details, and materials.

         C.   Main entrances to buildings shall incorporate devices such as canopies, overhangs, raised parapets over the door, archways, awnings, larger door openings and display windows, accent colors, and details such as tile work, moldings, pedestrian-scale lighting, and distinctive door pulls.

         D.   Natural colors shall be used for the main portions of building facades and roof forms. Bright or fluorescent colors are permitted for trim, accent, and other decorative architectural features only.

      (3)   Building materials. Building materials must be primarily natural products, conveying permanence, such as brick, decorative masonry block, stone, or beveled wood siding, and each building facade must contain at least seventy-five percent (75%) of these materials. Uses in Industrial Districts shall contain at least fifty percent (50%) of these materials for building facades facing public streets or freeways.

      Twenty-five percent (25%) of building facades may contain the following materials, which should be used for decorative features or accents only: glass, unless used as windows; reflective glass; exterior insulation finish systems (EIFS); vinyl, aluminum, or steel siding; or similar synthetic or highly-reflective materials. Building facades for uses in industrial districts not facing public streets or freeways may also contain these materials and pre-cast concrete or plain masonry block.

      (4)   Windows. Front facades shall include at least twenty-five percent (25%) windows. The approximate size, shape, orientation and spacing of windows should match that of buildings within five-hundred (500) feet, unless the Planning Commission determines other sizes, shapes, orientation, and spacing are acceptable.