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Lyon Charter Township
City Zoning Code

ARTICLE 43

00 - MU MIXED USE DISTRICT

Section 43.01.- Statement of purpose.

The mixed use district provides for the development or redevelopment of land to facilitate a transition to an urban pattern described in the master plan. Development should consist of office, residential, institutional, and limited commercial uses. Two-story buildings with retail or office uses on the ground level and residential or office above is an appropriate form for mixed uses in this district.

The mixed use district is further intended to:

A.

Encourage innovative development based on the principles of new urbanism, which promote walkability, simple and accessible transportation, mixed land uses, and quality design and neighborhood structure, leading to an environment which promotes a high quality of life.

B.

Reinforce physical, visual, and spatial features through the consistent use of urban design standards. Such design standards shall harmoniously relate the design features of structures and developments to each other, resulting in a coherent overall pattern of development where uses are compatible with each other.

C.

Encourage efficient use of land and public services by promoting a compact settlement pattern and mixed use.

D.

Discourage the development of businesses that contribute to traffic congestion, such as drive-in and drive-through businesses, automobile service stations, and new and used vehicles sales or service establishments.

E.

Encourage shared parking facilities designed to accommodate the needs of several uses, with emphasis on access to parking areas from side streets.

F.

Discourage businesses that create objectionable noise, odors, or glare or otherwise detract from the harmonious character of the district.

G.

Provide for development along Milford Road that complements and supports development in the New Hudson Zoning District.

(Ord. No. 05-16, pt. 2, 6-6-2016)

Section 43.02. - Permitted uses and structures.

A.

Principal uses and structures. In all areas zoned MU, mixed use district, no building shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses, unless otherwise permitted in the Ordinance:

1.

Business and office uses, which may occupy a building used for residential purposes, provided that:

a.

No business or office use shall be located on the same floor that is used for residential purposes, with the exception of legal home occupations.

b.

No floor may be used in whole or in part for business or office use on a floor located above a floor used for residential purposes.

c.

Where there are non-residential and residential uses in a building, the residential uses shall be provided with separate, private entrances.

d.

Thirty percent of the net parcel area shall be open space. The net parcel area is the total area of the parcel, exclusive of any abutting public street rights-of-way or private road easements.

2.

Retail businesses.

3.

Financial institutions, such as banks, credit unions, and savings and loan associations.

4.

Veterinary clinics and hospitals for the care of small animals, subject to the provisions in section 19.02, subsection FF.

5.

Research, development, design, testing, technical training, and related activities for industrial, scientific, educational, and business enterprises.

6.

Indoor commercial recreational facilities, subject to section 19.02, subsections Z and LL.

7.

Personal service shops, including, but not limited to: repair shops (such as watch, radio, television, shoe repair, and home appliance), tailor and dressmaking shops, beauty and barber shops, photographic studios, and dry cleaning establishment (but not including dry cleaning plants).

8.

Standard restaurants (except drive-ins and drive-throughs), taverns and bars, where the patrons are served while seated within the building occupied by the establishment.

9.

Take-out food and beverage sales when accessory to a full-service restaurant, provided that the area occupied by the take-out service shall not exceed 25 percent of the net floor area of the principal use.

10.

Brewpubs, subject to the requirements in section 19.02, subsection MM.

11.

Assembly halls, display halls, banquet halls, and similar places of assembly.

12.

Outdoor cafes, outdoor eating areas, subject to the provisions in Section 19.02, subsection X.

13.

Plazas, parks, and public gathering places. A farmers market may be permitted as an accessory use, subject to administrative approval.

14.

Corporate education and training facilities.

15.

Executive, administrative, professional, medical, and dental offices.

16.

Multiple-family housing, which may be in the form of townhouses, apartments, brownstone apartments, or similar configuration, provided that 30 percent of the net parcel area shall be open space.

17.

Residential care facilities.

18.

Senior housing, subject to the standards in section 19.03, subsection D.

19.

State licensed residential facility which provides resident service for six or fewer persons, such as family day care homes, adult foster care family homes, foster family homes, or foster family group homes, subject to the regulations in Section 16g of Michigan Public Act 110 of 2006, as amended.

20.

Essential services, subject to the provisions in section 12.14.

21.

Uses and structures accessory to a permitted principal use, subject to the provisions in article 18.00.

B.

Special land uses. The following uses may be permitted by the township board, subject to the conditions specified for each use; review and approval by the planning commission and township board; any special conditions imposed by the planning commission or township board that are necessary to fulfill the purposes of this Ordinance; and the provisions in article 6.00:

1.

New single family detached dwelling units. (Special use approval shall not be required for renovation of a single family dwelling in existence at the time of adoption of this article, provided that such renovation is in compliance with the adopted building code.).

2.

Uses and structures accessory to a permitted special land use, subject to the provisions in article 18.00.

(Ord. No. 05-16, pt. 2, 6-6-2016)

Section 43.03. - Development standards.

Buildings and uses in the MU, mixed use district, except for single family detached dwellings, shall comply with the following requirements.

A.

Building entrances. The main public entrance of the structure shall be oriented toward the road on which the structure fronts. If the site is on a corner, it may have its main public entrance oriented to either road. No overhead doors are permitted facing a road. If necessary, in larger developments a mid-block passageway shall be constructed to provide access from parking areas to main entrances.

B.

Facade design. All non-residential building facades that face a street shall conform to the following design criteria:

1.

Windows. The following requirements apply to facades of buildings facing a public street or public space such as a plaza or square:

a.

Window materials.

1.

Front facing windows must be clear non-reflective glass. The use of tinted glass or plexi-glass is prohibited. On side or rear facades that exceed 30 feet in length, the planning commission may approve the use of spandrel glass to create visual interest.

2.

Curtains or blinds are permissible for second story windows or where a first floor residential use exists. Curtains or shades are discouraged for first floor offices, because they eliminate the "eyes on the street" for purposes of first floor transparency. If window coverings must be used on the first floor to prevent glare, then adjustable solar shades are an acceptable alternative.

b.

Ground floor facade transparency.

1.

All buildings with first floor nonresidential uses shall provide a minimum of 30 percent transparency between two and eight feet above grade level on the first floor facade. Door and window glass provides transparency, but must be see-through and not frosted, beveled, spandrel, covered with paper, or otherwise obscuring the inside view of the building from the street.

2.

Exterior Building materials. Buildings in the mixed use district shall comply with the following building material requirements:

a.

Primary building materials. Primary exterior building materials shall be brick, wood siding, or synthetic building materials that convincingly match the appearance of natural building materials. Vinyl siding is permitted as a primary building material for residential buildings provided that it is premium grade. Concrete block or similar masonry units (including CMU or split-faced block) are prohibited as a primary building material. Exterior insulating finish systems (EIFS) and similar materials may not be used as a primary building material. Primary building materials shall be used on a minimum of 70 percent of the facade of the building (excluding doors and windows).

b.

Accent building materials. Accent materials may be used on up to 30 percent of the facade area of the building (excluding doors and windows). Acceptable accent materials include decorative precast concrete block, custom metal panels, and glass. Building materials such as EIFS may be used as accent building materials on up to ten percent of the total wall area of any facade, but may not be used below 11 feet in height.

c.

Prohibited building materials. The use of aluminum and steel siding, mirrored glass, and plastic is prohibited. Use of steel siding to screen rooftop HVAC equipment is permitted.

3.

Architectural guidelines. Traditional architecture is favored, rather than radical design themes, structures and roof forms, which would draw unnecessary attention to the buildings. Building facades that incorporate canopies or walls with mock gables must provide a roof component to provide depth and give a more authentic appearance.

C.

Side or rear facade design. Wherever a side or rear facade is visible from a public street, or if parking is located at the side or rear of a building, the facade shall be designed to create a pleasing appearance, in accordance with the following design criteria:

1.

Materials and architectural features similar to those present on the front of the building shall be used on the side or rear facade.

2.

Dumpster completely screened in accordance with section 12.12. In addition, service areas shall be screened with a landscape hedge, a fence, a wall, or a combination thereof.

3.

Open areas shall be landscaped with lawn, ground cover, ornamental shrubs, and trees, provided that sufficient light penetrates into the space.

D.

Awnings. Awnings shall be permitted on buildings as follows:

1.

All awnings must be made from canvas fabric or similar water- and UV light-proof material, rather than metal, aluminum, plastic, or rigid fiberglass. However, awnings that are a permanent part of the building architecture may be constructed of metal, wood, or other traditional building materials where they will add diversity and interest to the facade, and only if the design and materials are consistent with the overall design of the building.

2.

All awnings shall be attached directly to the building, rather than supported by columns or poles.

E.

Lighting. Exterior lighting shall comply with the requirements in section 12.11.

F.

Parking. Parking and parking lot design shall comply with the following standards, in addition to the provisions of article 14.00.

1.

No new parking lot shall be created nor any existing parking lot expanded in front of a building. New or expanded parking lots on the interior of the lots shall be located to the rear or side of the buildings, accessed by means of common driveways, preferably from side streets or lanes. Parking lots shall be small in scale where possible, and connected with parking lots on adjacent properties. Cross-access easements and maintenance agreements for adjacent lots with connected parking lots shall be required. Common, shared parking facilities are encouraged. Required parking may be accommodated off-site in common, shared parking facilities located less than 500 feet from the site.

2.

In order to maximize the amount of land area left for landscaping and open space, paving shall be confined to the minimum area necessary to comply with the parking requirements of article 14.00.

3.

The maximum number of parking spaces that may be provided is 120 percent of the minimum number of spaces required in article 14.00. Where shared parking is proposed, the planning commission may reduce the number of required spaces upon analyzing the parking demands and finding that the parking demands of the uses served do not overlap.

4.

The parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving and shall be integrated into the pedestrian network system. Pavement textures shall be required on pedestrian access ways, and are strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.

G.

Building setbacks.

1.

Residential uses. Residential buildings shall comply with the following setback requirements:

a.

The minimum front setback shall be 20 feet and the maximum front setback shall be 40 feet.

b.

The minimum side setback shall be 15 feet.

c.

The minimum rear setback shall be 30 feet.

2.

Non-residential uses. Non-residential buildings, including those with a residential component, shall comply with the following setback requirements:

a.

The minimum front setback shall be five feet and the maximum front setback shall be 25 feet.

b.

The minimum side setback shall be five feet, or if the structure faces another structure with windows or doors or is adjacent to a residential district, the setback shall be a minimum of 15 feet. A landscape buffer having a minimum width of 15 feet shall be provided adjacent to property zoned or used for residential purposes. The landscape buffer shall contain plants having sufficient height to screen trucks and overhead doors.

c.

The minimum rear setback shall be 20 feet. A landscape buffer having a minimum width of 15 feet shall be provided adjacent to any property zoned or used for residential purposes.

H.

Landscaping.

1.

Structures shall be provided with landscaping along their foundations. The landscaped area must be at least three feet in depth and must be planted with at least one shrub per 3 lineal feet of foundation.

2.

One deciduous street tree shall be planted for every 40 feet of frontage or fraction thereof. Spacing of street trees shall consider the locations of trees on adjoining parcels, with the goal of providing uniform spacing between trees.

I.

Service Access. A service alley or designated loading space shall be reserved at the rear of the building.

J.

Signs. Uses shall comply with the sign requirements in article 16.00.

K.

Sidewalks and Sidewalk Displays.

1.

A concrete sidewalk having a minimum width of five feet shall be required along the front of every parcel for all development that requires site plan review. The sidewalk shall be located in the road right-of-way, generally one foot from the right-of-way line.

2.

Sidewalks shall be provided to connect the public sidewalk to the building on each site.

3.

Sidewalk displays shall be permitted directly in front of an establishment, provided at least five feet of clearance is maintained along pedestrian circulation routes.

a.

Displays shall be located against the building wall and shall not be more than two feet deep. Displays shall not encroach more than two feet into the sidewalk. The display area shall not exceed 50 percent of the length of the store front.

b.

Displays shall be permitted only during normal business hours, and shall be removed at the end of the business day. Cardboard boxes shall not be used for sidewalk displays.

c.

Sidewalk displays shall maintain a clean, litter-free and well-kept appearance at all times and shall be compatible with the character of the storefront from which the business operates.

L.

Courtyards and plazas. Exterior public and semi-public spaces, such as courtyards or plazas, shall be designed for function, to enhance surrounding buildings and provide amenities for users, in the form of textured paving, landscaping, lighting, street trees, benches, trash receptacles and other items of street furniture, as appropriate. Courtyards shall have recognizable edges defined on at least three sides by buildings, walls, elements of landscaping, and elements of street furniture, in order to create a strong sense of enclosure. For residential buildings, any facade that faces a courtyard shall have the same design features as the front facade.

M.

Mechanical equipment. All air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from view from the public right-of-way and from adjacent properties, by using walls, fences, roof elements, penthouse-type screening devices, or landscaping. In buildings requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.

N.

Outdoor storage. No outside storage shall be permitted in the mixed use district.

O.

Site plan review. Site plan review and approval is required for all uses in the mixed use district pursuant to article 5.00.

P.

Area, height, bulk, and placement requirements. Buildings and uses in the MU, mixed use district are subject to the area, height, bulk and placement requirements in article 36.00, schedule of regulations, unless otherwise noted herein.

Q.

Planned development. Planned development may be permitted as a means to achieve the intent of the mixed use district, pursuant to the guidelines in article 7.00.

(Ord. No. 05-16, pt. 2, 6-6-2016)