New Buffalo City Zoning Code
ARTICLE 5
Development Standards
Section Z5-01 Off-street parking and loading.
A.
Purpose and applicability. The purpose of this section is to permit and regulate off-street parking and loading of motor vehicles in all zoning districts. Off-street parking and loading provisions of this section shall apply as follows.
1.
Change in intensity of use. When the intensity of use of any building, structure or premises shall be increased or expanded through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking, and loading facilities as required herein shall be provided for such increase or expansion in intensity of use.
2.
Change in use. Whenever the existing use of a lot is changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said structure was erected prior to the effective date of this Ordinance, additional parking or loading facilities are mandatory only as the required quantity exceeds those for the existing use.
B.
Location and design.
1.
Location on same lot. Required off-street parking shall be provided on the same lot or parcel as the use it is intended to serve unless exempted for parking in the CBD Central Business District as specified in Section Z5-01C(2) or as shared parking as detailed in Section Z5-01F.
2.
Total area allocated for parking. In no instance shall the total area devoted to driveways and off-street parking areas for single-family detached or duplex dwellings exceed 1/3 of the front-yard area.
3.
Required setback. No off-street parking shall be allowed closer than 10 feet to a street right-of-way line.
4.
Parking location standards.
a.
The parking of any vehicle on or in a portion of the lot other than a designated parking area approved for such parking by the Planning Commission shall be prohibited.
b.
The parking of any vehicle on any lawn or landscaped area shall be prohibited. The Planning Commission may require any person or business responsible for converting lawn or landscaped areas to parking, without having received site plan approval, to restore such areas to their original state.
c.
For all residential uses, the parking of motor homes, boats, trailers, and other large recreational equipment in the front yard for longer than 48 hours in any seven-day period shall be prohibited.
5.
Conversion of parking areas to other uses. Unless the Planning Commission has reviewed and approved the change, any parking area once approved as a required parking area shall not be changed to any other use.
6.
Design and construction requirements.
a.
Surface and drainage requirements. All parking areas shall be surfaced with a durable and dustless surface and shall be properly graded and provided with adequate drainage facilities as approved by the City Engineer.
b.
Surface striping. All paved parking spaces, aisles, and unloading zones shall be striped or marked. Such striping or other required demarcation shall be maintained permanently in a condition such that easy interpretation of such markings by intended users is possible. In approved unpaved parking areas, spaces shall be defined by wheel chocks, concrete bumpers, or another similar device.
c.
Dimensional standards for parking spaces and aisles. All on-premises parking areas shall meet the minimum parking space and maneuvering lane standards contained in Table 5-01(B)(6).
Table 5-01(B)(6): Parking Stall and Aisle Dimensional Requirements | ||||
|---|---|---|---|---|
Parking Pattern (Degrees) | Space Width (feet) | Space Depth (feet) | Aisle Width (2-Way) (feet) | Aisle Width (1-Way) (feet) |
0 | 9 | 22 | 18 | 12 |
45 | 9 | 17 | 18 | 12 |
60 | 9 | 18 | 20 | 13 |
90 | 9 | 18 | 24 | 20 |
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7.
Access and cross access.
a.
Access. Each required parking space shall be accessible from a public street without passing through another required space.
b.
Cross access. To facilitate vehicular access between adjoining developments and to minimize off-street parking area access points along streets and alleys, any development except single-family detached or duplex residential development shall comply with the following standards:
[1]
Internal vehicular circulation systems shall be designed to allow for vehicular cross-access between the development's off-street parking areas and off-street parking areas in an adjoining non-single-family development, or to the boundary of adjoining vacant land.
[2]
Required vehicular cross access between the adjoining off-street parking areas shall be provided through the use of a single two-way maneuvering lane or two one-way maneuvering lanes that are sufficiently wide to accommodate traffic by automobiles, service vehicles, loading vehicles, and emergency vehicles.
[3]
The Zoning Administrator may waive or modify the requirement for vehicular cross access on determining that such cross access is impractical or undesirable because it would require crossing a significant physical barrier or environmentally sensitive area, would create unsafe conditions, or there exists an inability to connect to adjacent property.
[4]
Easements allowing cross access to and from properties served by a vehicular cross-access, along with agreements defining maintenance responsibilities of property owners, shall be recorded with Berrien County before issuance of a building permit for the development.
[5]
Zoning Administrator waiver. The Zoning Administrator may waive the cross access required in any instance in which site conditions, including lot configuration, topography, or size, would prohibit its establishment.
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C.
Off-street parking required.
1.
Maximum quantity of parking. In order to minimize excessive areas of pavement which results in adverse aesthetic and environmental impacts and contributes to high rates of stormwater runoff, no off-street parking area shall exceed the minimum parking requirement by more than 30%.
2.
Off-street parking exemption in the CBD District. Off-street parking shall not be required for ground-floor nonresidential uses less than 2,500 square feet located on the ground floor of a building within the CBD District. This exemption shall not apply to residential or upper floor nonresidential uses in the CBD District.
3.
Determination of parking requirements. The minimum parking space requirements for all uses shall be those identified in Table 5-01(C)(3).
a.
Fractions. When measurements of the number of required spaces result in a fractional number, the number shall be rounded up to the next higher whole number.
b.
Area measurements. Unless otherwise expressly stated, all area-based (square footage) parking standards must be computed on the basis of gross floor area (GFA).
c.
Unlisted uses. For uses not specifically listed in Table 5-01(C)(3), the requirements for on-premises parking shall be determined as follows:
[1]
The Zoning Administrator may establish the parking requirement by making the determination that the proposed use is similar to a use which is listed in Table 5-01(C)(3), which shall apply.
[2]
The Planning Commission may establish the parking requirement for the proposed use based on documentation pertaining to the parking demand for that use provided and substantiated by the applicant.
d.
Public street right-of-way. Public street rights-of-way shall not be counted for meeting on-premises parking requirements.
e.
Multiple uses on a lot. Where two or more uses are present on the same lot, parking requirements shall be calculated for each use, unless specifically provided otherwise herein.
Table 5-01(C)(3): Off-Street Parking Requirements | |
|---|---|
Use | Minimum Parking Requirement |
Residential Uses | |
Single-family detached dwelling units | 2/dwelling |
Duplex | |
Multifamily 2-8 units | 1.5/dwelling |
Multifamily 8+ units | |
Residential, above ground floor retail use | 2/dwelling |
Rowhome | 1.5/dwelling |
Townhome | |
Residential Services | |
Adult day-care home | 2/dwelling |
Adult foster care family homes | |
Adult foster care small group homes | |
Adult foster care large group homes | |
Adult foster care congregate facility | |
Family child care home | |
Group child care home | |
Foster family homes | |
Foster family group homes | |
Nursing and convalescent home | 0.5/dwelling |
Senior living facilities | 1/dwelling |
Institutional and Place of Assembly Uses | |
Cemetery | As determined by the Planning Commission |
Educational facility | |
Health care facility | 0.5/bed for in-patient facilities; 0.5/examining or operating room for out-patient facilities |
Non-commercial place of assembly | 1/3 Individuals at maximum occupancy |
Commercial place of assembly | |
Lodging and Recreation | |
Watercraft fueling station | As determined by the Planning Commission |
Campground | 1/camp site |
Bed-and-breakfast | 2 + 1/each additional lodging unit above one |
Hotel | 1/lodging unit |
Motel | |
Municipal or private port or marina | As determined by the Planning Commission |
Recreation Area | 1 or as determined by Planning Commission |
Forestry | |
Short-term rental | 1/lodging unit |
Retail Uses | |
Adult establishment | 1/250 sq ft |
General retail, 3,000 sq ft or less | 1/200 sq ft |
General retail, more than 3,000 sq ft | 1/250 sq ft |
Marine-oriented retail businesses | |
Multitenant shopping center | 1/500 sq ft |
Indoor agriculture | |
Nursery retail | |
Nursery wholesale | |
Wholesale establishment | |
Pawnbroker | 1/250 sq ft |
Service Uses | |
Animal boarding facility/kennel and/or veterinary service | 1/300 sq ft |
General service, 3,000 sq ft or less | 1/200 sq ft |
General service, more than 3,000 sq ft | 1/250 sq ft |
Financial institution | 1/300 sq ft |
Funeral home | 1/300 sq ft |
Massage service | 1/250 sq ft |
Office, above ground floor only | 1/250 sq ft |
Office, ground floor 3,000 sq ft or less | |
Office, ground floor more than 3,000 sq ft | 1/300 sq ft |
Office complex/business park | |
Eating and Drinking Uses | |
Bar/tavern | 1/150 sq ft |
Brewery/winery/distillery tasting room | |
Brewpub | |
Food truck court | |
Restaurant, delivery/carry out | |
Restaurant, sit down | |
Vehicle Related Uses | |
Auto, recreational vehicle, or watercraft sales/rental | 1/stall |
Carwash | |
Major automotive repair | 1/300 sq ft |
Minor automotive repair | 1/stall |
Vehicle fuel sales | 1/250 sq ft |
Industrial Uses | |
Artisan manufacturing | 1/500 sq ft of office or sales area + 1/1,000 sq ft of other floor area |
Brewery/winery/distillery | |
Composting/recycling facility | |
Distribution facility | |
Equipment rental, sales, and service | |
Extractive industry | |
Wireless communication tower | |
Light industry | |
Salvage yard | |
Self-service storage facility | |
Solid waste facility/solid waste transfer station | |
Storage yard | |
Warehouse | |
Utility and Transportation Uses | |
Airport/heliport | As determined by the Planning Commission |
Helistop | |
Loading areas, parking areas, and landing strips as a principal use | |
Railroad use | |
Telecommunications tower | |
Waterborne transportation uses | |
Accessory Uses | |
Accessory retail | 1/250 sq ft |
Accessory dwelling unit | As determined by the Planning Commission |
Accessory structure, ground-mounted | n/a |
Accessory structure, rooftop | |
Keeping of animals | |
Home occupations | |
Drive-through | |
Donation drop box | |
Outdoor activity/operation/storage | |
Outdoor dining | |
Outdoor display/sale of merchandise, permanent | |
Solar energy collection system, canopy | |
Solar energy collection system, ground-mounted | |
Solar energy collection system, roof-mounted | |
Temporary Uses | |
Construction related | As required through temporary use permit process |
Farmers market | |
Food truck | |
Outdoor display/sale of merchandise, temporary | |
Portable temporary storage container | |
Seasonal sales | |
D.
Shared parking.
1.
Intent and purpose. Shared parking allowed in this subsection is encouraged as a means of conserving land resources, reducing stormwater runoff, reducing the heat island effect caused by large, paved areas, and improving community appearance.
2.
Location. All shared off-street parking allowed under this subsection shall be located within 300 feet of the principal entrance of each individual use to be served unless otherwise approved by the Planning Commission.
3.
General requirements.
a.
The number of parking spaces provided shall not be less than the sum of the separate requirements for each such building or use. Where a mix of two or more land uses creates staggered peak periods of parking demand, shared parking agreements that reduce the total amount of required off-street parking may be approved up to a maximum 25% of the quantity required in Table 5-01(C)(3) for each individual use.
b.
Required accessible parking spaces for persons with disabilities may not be shared and shall be located on-site.
c.
Adjacent lots that are subject to a shared parking agreement shall be interconnected by the provision of a cross-access easement for vehicular and pedestrian passage.
4.
Standards. Uses that create staggered peak periods of parking demand shall be between a daytime and an evening or weekend uses as follows.
a.
For purposes of this section, the following uses are considered daytime uses:
[1]
Service uses;
[2]
Retail uses;
[3]
Institutional and place of assembly uses;
[4]
Industrial uses; and
[5]
Other similar primarily daytime uses, as determined by the Planning Commission.
b.
For purposes of this section, the following uses are considered evening or weekend uses:
[1]
Recreation, amusement, and lodging uses;
[2]
Eating and drinking uses; and
[3]
Other similar primarily nighttime or weekend uses, as determined by the Planning Commission.
5.
An applicant may also request a reduction for any two daytime or any two evening or weekend uses when the hours of peak parking do not overlap, which shall be approved by the Zoning Administrator.
6.
Requirements.
a.
The applicant shall provide a parking study to indicate that there is not a substantial conflict in the principal hours of operation of the uses to be served.
b.
An applicant shall provide a legal agreement signed by the property owners indicating the quantity and location of parking to be shared between any two or more uses.
E.
Accessible parking. In all off-street parking facilities accessible parking spaces shall be provided. The number of accessible parking spaces shall be counted toward the total number of required parking spaces. The quantity, location, design, and markings shall be in accordance with the requirements of the latest edition of the Americans With Disabilities Act as amended.
F.
Deferred parking. An applicant may request that a portion of the required parking be deferred from being constructed in cases where there is an excess of the quantity required for their business. The deferral shall be approved by the Planning Commission subject to the following provisions.
1.
Parking may not be deferred below the minimum standard of 0.5 space per 1,000 square feet of gross floor-area for industrial uses or 80% of the required parking for other nonresidential uses.
2.
The applicant shall show that the deferred portion of the parking is possible to construct on the site by showing it on the site plan; and shall guarantee the availability of such area for future parking through a recorded deed restriction on the property, a copy of which shall be provided to the Zoning Administrator prior to commencing construction on the site.
3.
The City shall retain the right to revoke the deferral at any time if the Planning Commission determines that the amount of parking is insufficient. In cases of revocation, the applicant shall construct the deferred portion of the parking within 90 days of being directed to do so by the City.
G.
Watercraft and recreational vehicle parking.
1.
Maximum size. Only watercraft or recreational vehicles 30 feet or less in length shall be allowed. The parking of larger watercraft is prohibited.
2.
Number allowed. A total of three watercraft or recreational vehicles are allowed on a lot. Vehicles used in conjunction with one another such as a boat mounted on a trailer shall be considered one recreational vehicle. The size and number of recreational vehicles allowed shall be as specified below.
a.
Only one watercraft or recreational vehicle longer than 12 feet is allowed.
b.
All other watercraft or recreational vehicles shall be 12 feet or less in length.
3.
Location.
a.
Watercraft and recreational vehicles not stored in a garage shall be stored or parked as follows:
[1]
In a rear yard or side yard, provided that the minimum required side yard or rear yard shall be maintained from the vehicle to the side or rear lot line, as the case may be.
[2]
One monohull watercraft 18 feet or less in length may be parked in the front yard but shall be 20 feet from the front lot line and shall meet required minimum side setbacks.
4.
The parking of watercraft and recreational vehicles for more than 48 hours shall be limited only to vehicles owned by the occupants of the residence.
5.
Recreational vehicles shall not have fixed connections to electricity, water, gas, or sanitary sewer and shall not be used for living or housekeeping purposes.
6.
All recreational vehicles shall be fully operable, kept in good repair, and shall display the current license plate or registration required by the State of Michigan.
H.
Off-street loading requirements.
1.
Purpose. The purpose of this section is to prevent congestion of public rights-of-way and private lots to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.
2.
Applicability. Any use which has a gross floor area of 6,000 square feet or more, and which requires deliveries or makes shipments, shall provide off-street loading facilities in accordance with the regulations of this section.
3.
Location. All loading berths shall be located at least 25 feet from the intersection of two street right-of-way lines. All loading berths shall be in the interior side or rear yard only and shall be oriented away from the primary road unless approved as a special use due to site conditions. All loading areas shall be located on the private lot and shall not be located within, or to interfere with, any public right-of-way, off-street parking area, or pedestrian circulation area.
4.
Size of off-street loading area. Adequate space for standing, turning, loading, and unloading services shall be provided in a manner that does not interfere with required off-street parking areas, with pedestrian circulation areas, and with the public use of streets or alleys.
5.
Access to off-street loading area. Each loading berth shall be located to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way. Users of shared loading areas shall coordinate loading activities to minimize off-site impacts.
6.
Surfacing and marking. All required loading areas shall be paved and maintained in a dust-free condition at all times. Said surface shall be marked in a manner that demarcates the loading areas.
7.
Use of off-street loading areas. The use of all off-street loading areas shall be limited to the loading and unloading of vehicles. Said area shall not be used to provide minimum required parking spaces.
8.
Lighting. Lighting used to illuminate an off-street loading area, if any, shall meet all requirements for outdoor lighting as detailed in Section Z5-08.
9.
Required loading spaces. The number of loading spaces provided shall be determined by the developer and shall provide for adequate space for standing, turning, loading, and unloading services. These spaces shall be provided in a manner that does not interfere with internal site circulation, ingress or egress to the site, access to or use of required off-street parking areas and pedestrian circulation areas, or the public use of streets or alleys.
I.
Pedestrian circulation standards.
1.
Off-street parking areas serving multifamily residential, mixed-use and nonresidential development and consisting of 20 or more off-street parking spaces shall provide on-site circulation systems exclusively for the use of pedestrians and other non-motorists to navigate the site. Pedestrian circulation systems are encouraged in off-street parking areas with fewer than 20 spaces but are not required.
2.
The on-site pedestrian circulation system shall comply with all ADA standards.
3.
The on-site pedestrian circulation system shall be marked and shall connect all buildings on the site and shall provide connections to required parking spaces.
4.
The on-site pedestrian circulation system must connect building entrances to adjacent public rights-of-way when public sidewalks are either existing or planned. The on-site pedestrian circulation system shall form a direct route between the building entrance and adjacent public right-of-way that does not require significant out-of-direction travel.
5.
The on-site pedestrian circulation system shall provide at least one connection to all adjacent properties along a shared street frontage. Connections must provide access to existing walkways on adjacent properties, or to the likely future location of walkways on those properties.
a.
The Zoning Administrator may waive this requirement upon determining that no walkway exists and a future walkway is unlikely to exist, or such connection would create a safety hazard.
J.
Off-street bicycle parking.
1.
Location.
a.
Required bicycle parking shall be provided on the same lot as the use it is intended to serve.
b.
Bicycle parking spaces shall be adequately lit and located such that they are highly visible from the street and/or building entrance(s) from points where bicyclists approach the site.
c.
The location of bicycle parking shall not conflict with pedestrian and/or vehicle circulation.
d.
Required bicycle parking shall be sited within 50 feet of a building's main entrance. If provided indoors, bicycle parking shall be located within a common area designated for secure bicycle storage.
e.
Bicycle parking adjacent to a pedestrian walkway shall be sited to ensure that a minimum five-foot walkway clearance is maintained.
2.
Design criteria. All bicycle parking facilities shall be designed in accordance with standards established by the National Association of City Transportation Officials.
3.
Dimensional standards.
a.
Each bicycle parking space shall be a minimum of six feet in length.
b.
Bicycle racks shall be located at least three feet in all directions from any obstruction, including but not limited to other bicycle racks, walls, doors, posts, columns, or landscaping.
c.
A minimum vertical clearance of seven feet shall be maintained above all bicycle parking facilities.
4.
Off-street bicycle parking required.
a.
Bicycle parking as specified in this subsection shall be required for all multifamily residential, mixed-use, and nonresidential development. Vehicle-related uses as defined in this Ordinance shall be exempt from the requirement.
b.
The number of required bicycle parking spaces shall be equal to 5% of the off-street vehicle parking spaces provided, up to 10 required bicycle parking spaces.
c.
When the required amount of bicycle parking is less than two spaces, the use shall provide a minimum of two spaces in a bicycle parking area.
d.
Off-street bicycle parking spaces provided on vertical racks mounted on a building wall shall not count toward the minimum quantity required.
Section Z5-02 Driveways.
A.
Single-family detached and duplex driveway standards. A single slab or ribbon driveway from the property line to legal, on-site parking shall be provided and shall be provided for all single-family detached and duplex uses in conformance with the following criteria.
1.
Limit of one. One single slab or ribbon driveway and one curb cut shall be permitted per 50 feet of lot frontage.
2.
Single-slab driveway design standards.
a.
Single-slab driveways shall not exceed 20 feet in width at the property line.
b.
Single-slab driveways shall be surfaced with an all-weather, dustless concrete material which may include decorative concrete, patterned concrete, exposed aggregate concrete, concrete pavers, permeable paver blocks, or similar materials approved by the City Engineer.
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3.
Ribbon driveway design standards.
a.
Ribbons shall be a minimum of two feet wide and a maximum of three feet wide.
b.
Ribbons shall be a minimum of three feet apart measured from their nearest edges. The space between ribbons shall be planted in turf grass or other ground cover used in the front yard.
c.
Single-slab driveways shall be surfaced with an all-weather, dustless concrete material which may include decorative concrete, patterned concrete, exposed aggregate concrete, concrete pavers, permeable paver blocks, or similar materials approved by the City Engineer.
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4.
Garage access drive. A garage access drive is permitted and shall meet the standards below.
a.
Width. The maximum width of a garage access drive shall be the width of the garage, as measured from the garage door(s) plus an additional three feet on either side of the garage door(s).
b.
Length. The maximum length of a garage access drive shall be 16 feet from the garage doors.
c.
Taper. The garage access drive shall taper, within 10 feet, back to the maximum driveway width.
d.
Surfacing. Garage access driveways shall be surfaced with an all-weather, dustless concrete material which may include decorative concrete, patterned concrete, exposed aggregate concrete, concrete pavers, permeable paver blocks, or similar materials approved by the City Engineer.
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5.
Parking pad.
a.
Limit of one. A garage access drive may be extended to include one parking pad.
b.
Configuration.
[1]
A parking pad shall be a minimum of nine feet and a maximum of 10 feet in width.
[2]
The portion of the parking pad adjacent to the garage access drive shall have a maximum length of 20 feet, as measured from the front facade line of the garage. A minimum seven-foot taper shall be included in the twenty-foot maximum.
[3]
The portion of the parking pad adjacent to the garage shall have a maximum length equal to the depth of the garage, as measured from the front facade line of the garage.
c.
Location. The parking pad shall be set back a minimum of five feet from any side property line.
d.
Screening. A fully opaque fence with a minimum height of six feet shall be constructed in the side yard abutting the parking pad.
e.
Surfacing. A parking pad may be surfaced with asphalt, concrete, grass, gravel, or a permeable paving system. The first 1/2 inch of runoff over the entire surface shall be treated with green infrastructure if the parking pad is surfaced with asphalt or concrete.
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B.
Townhouse, multifamily residential, mixed-use, and nonresidential driveway standards.
1.
Location and surfacing.
a.
No lot shall have multiple driveways for purposes of vehicular ingress and egress without a minimum 200-foot separation between such curb cuts along a street, unless otherwise approved by the City Engineer.
b.
Driveways shall be surfaced with an all-weather, dustless concrete material which may include decorative concrete, patterned concrete, exposed aggregate concrete, concrete pavers, permeable paver blocks, or similar materials approved by the City Engineer.
2.
Townhouse driveway standards.
a.
One-way driveways for townhouse uses shall be a minimum of nine feet wide and a maximum of 20 feet wide at the property line.
b.
Two-way driveways for townhouse uses shall be a minimum of 20 feet and a maximum of 33 feet in width at the property line.
3.
Multifamily and nonresidential driveway standards.
a.
One-way driveways for multifamily and nonresidential uses shall be a minimum of nine feet wide and a maximum of 32 feet wide at the property line.
b.
Two-way driveways for multifamily and nonresidential uses shall be a minimum of 20 feet wide and a maximum of 36 feet wide at the property line.
Section Z5-03 Landscaping.
A.
Applicability.
1.
Landscape improvements required by this section shall apply to all new nonresidential, mixed use, and multifamily development and substantial reinvestment or redevelopment the cost of which comprises 50% or greater of the site's market value, unless otherwise required in this section.
2.
Landscape improvements required by this section shall not be required for changes of use or minor site alterations the cost of which comprise less than 50% of the market value of the subject property.
3.
Landscape improvements required by this section shall consist of living vegetation in a combination of plants, trees, shrubs, native grasses, perennials, and/or groundcover.
B.
General provisions.
1.
Unless otherwise stated in this section, all size specifications for plant materials shall be based upon the time of planting. When caliper is specified for tree planting, the caliper of the tree trunk shall be measured at average breast height.
2.
Any plant materials used to meet the requirements of this section shall not include any plant material identified as an invasive species by the Michigan Department of Natural Resources.
C.
Planting types.
1.
Canopy trees. A woody plant (deciduous or evergreen) having not less than a 2 1/2 (2.5) inch caliper with single central axis which typically reaches a mature height of not less than 40 feet and a mature spread of not less than 15 feet.
2.
Understory trees. A woody plant having not less than a 1 1/2 (1.5) inch caliper, or six feet tall for multiple stem species, that normally attains a mature height of at least 15 feet.
3.
Evergreen trees. A tree having foliage that persists and remains green throughout the year and has a height of not less than six feet at installation and maturing to a height of not less than 20 feet.
4.
Shrubs. A woody plant (deciduous or evergreen) of low to medium height characterized by multiple stems continuous from its base and having a height of not less than two feet, unless classified as a shrub by the State of Michigan.
5.
Native grasses. Grasses that are native to the State of Michigan, not including noxious weeds.
6.
Herbaceous perennials. Plants with non-woody stems whose above-ground growth largely or totally dies back during winter months but whose underground plant parts (roots, bulbs, etc.) survive.
7.
Groundcover. Spreading herbaceous plants, other than turf grass, or prostrate shrubs, or woody vines normally reaching an average maximum height of 18 inches at maturity.
D.
Required landscape zones. Figure 5.7 illustrates the location of the required landscape zones as detailed in the following sections. The Zoning Administrator may approve exceptions to the required landscape zone.
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E.
Building foundation landscape zone. All nonresidential, mixed use, and multifamily development where a front yard setback is required, with the exception of food processing facilities regulated by the United States Food and Drug Administration, shall include landscape located at the building foundation as required by this section. Landscape required by this section shall be in addition to landscape required under other sections of this Ordinance. It is the objective of this section to provide a softening effect at the base of buildings.
1.
Applicable development is required to maintain a building foundation area at front and exterior side yards with a minimum width of seven feet.
2.
Foundation plantings shall be designed to supplement buffer yard plantings to frame important views, while visually softening long expanses of walls.
3.
Foundation plantings shall be installed across 40% of the length of the facade of the building.
4.
Foundation plantings may include trees, shrubs, native grasses, and groundcover.
5.
Where the area between the building and parking lot or street curb is entirely paved for pedestrian use, landscaping may consist of canopy trees planted in structural soils beneath tree grates or permeable pavement, at the rate of one tree per 50 linear feet of building facade. Minimum structural soil volume shall be 600 cubic feet.
6.
Above-ground stormwater planter boxes along building facades may be substituted for foundation plantings.
7.
Required foundation plantings may be installed between parking lots and the building but shall be installed within 12 feet of the building facade.
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F.
Parking area perimeter landscape zone. Landscape required by this section shall be in addition to landscape required under other sections of this Zoning Ordinance. It is the objective of this section to provide screening between off-street parking areas and rights-of-way, and to provide for the integration of stormwater management with required landscaping.
1.
Location. All off-street parking areas which abut a public or private right-of-way, excluding alleys, shall include landscape and trees as required by this section located between the back of curb of the off-street parking area and the right-of-way.
2.
Applicability. The parking lot perimeter landscape regulations of this section apply to the following:
a.
The construction or installation of any new off-street parking area; and
b.
The expansion of any existing off-street parking area, in which case the requirements of this section apply only to the expanded area.
3.
Requirements. Perimeter landscape shall be established along the edge of the off-street parking area and have a minimum width of seven feet as measured from the back of curb of the off-street parking area, to accommodate vehicle bumper overhang and ensure planting areas that are adequate in size.
a.
One shrub or native grasses the height of which shall not be less than three feet nor greater than five feet, shall be planted for every four feet of landscape area length when no masonry wall or fence is provided as described in this subsection, or when such wall or fence is not entirely opaque. One shrub or native grass shall be planted every eight feet when an opaque masonry wall or fence is provided as detailed in this subsection. Such plantings may be clustered or spaced at even intervals as deemed appropriate by the Planning Commission.
b.
Landscaped areas outside of shrubs/native grasses and tree masses shall be planted in live groundcover.
c.
A low masonry wall or fence the height of which provides effective screening to a maximum height of three feet may be used in conjunction with required landscaping as detailed above. Plant materials shall be installed between the sidewalk and the fence or wall to provide a softening effect.
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G.
Parking area interior landscape zone. All off-street parking areas shall include landscape and trees located within the off-street parking area as required by this section. Trees and landscape required by this section shall be in addition to trees and landscape required under other sections of this Zoning Ordinance. It is the objective of this section to provide shade within parking areas, break up large expanses of parking area pavement, support stormwater management where appropriate, improve the appearance of parking lots as viewed from rights-of-way, and provide a safe pedestrian environment.
1.
Applicability. The parking area interior landscape zone regulations of this section apply to the following:
a.
The construction or installation of any new off-street parking lot containing 15 or more parking spaces, and
b.
The expansion of any existing off-street parking area if the expansion would result in 15 or more new parking spaces, in which case the requirements of this section apply only to the expanded area.
2.
Requirements. The level of parking lot interior landscape required shall depend on the size and location of the off-street parking area as follows.
a.
Off-street parking areas consisting of 15 or more continuous spaces shall be required to provide full interior landscaping amenities as specified in Subsections G(3) through (6) below.
b.
Off-street parking areas consisting of fewer than 15 continuous spaces that are located to the front or side of the principal building shall be required to terminate all rows of parking with a parking area end cap, as detailed in subsection (4), but shall otherwise be exempt from the other requirements of Subsections G(3) through (6) below.
c.
Off-street parking areas consisting of fewer than 15 continuous spaces that are located in the rear of the principal building shall be exempt from the requirements of this section.
3.
Amount. The amount of required parking area interior landscape shall be determined by the yard in which the off-street parking area is located as detailed below.
a.
Off-street parking areas in front or side of principal buildings.
[1]
Parking area end caps. A parking area end cap shall be located at the end of any bay of parking bordered by a drive aisle, public or private street, or pedestrian circulation system.
[2]
Parking area median amount requirement. Parking area medians shall be placed between every third bay of parking.
[3]
Parking area island amount requirement. Parking area islands shall be located on parking bays which are not required to have parking area medians. Parking area islands shall be spaced not more than 135 feet or more than 15 continuous spaces apart.
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b.
Off-street parking areas in rear of principal building.
[1]
Parking area end caps. A parking area end cap shall be located at the end of any bay of parking bordered by a drive aisle, public or private street, or pedestrian circulation system.
[2]
Parking area median or parking area island amount requirement. The developer may choose to install either parking area medians or parking area islands. If the developer chooses to install parking area medians, they shall be placed between every third bay of parking. If the developer chooses to install parking area islands, they shall be located on parking bays which are not required to have parking area medians. Parking area islands shall be spaced not more than 135 feet or more than 15 continuous spaces apart.
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4.
Parking area end cap standards.
a.
Size. Parking area end caps shall be a minimum nine feet wide by 18 feet long and shall have a minimum soil depth of 36 inches. Double rows of parking shall provide parking area end caps opposite one another to form continuous single end cap.
b.
Planting. A minimum of one canopy tree and three shrubs or native grasses shall be provided for every parking area end cap. If the end cap extends the width of a double bay, then two canopy trees shall be provided.
c.
Design. Parking area end caps shall be protected with concrete curbing or other suitable barriers approved by the Zoning Administrator. Such end caps shall be properly drained or irrigated as appropriate to the site conditions to ensure survivability of plant materials or proper stormwater management function.
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5.
Parking area median standards.
a.
Width. Parking area medians shall have a minimum width of nine feet and minimum soil depth of 36 inches.
b.
Planting. A minimum of one canopy tree and 15 shrubs or native grasses shall be planted for each 50 linear feet of parking area median.
c.
Groundcover. A minimum of 75% of the surface area of every parking area median shall be planted with living groundcover.
d.
Design. Parking area medians shall be protected with concrete curbing unless the parking area median is designed to be utilized for stormwater management in which case the perimeter shall be protect by wheel stops, or other suitable barriers approved by the Zoning Administrator. Such medians shall be properly drained or irrigated as appropriate to the site conditions to ensure survivability of plant materials and proper stormwater management function.
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6.
Parking area island standards.
a.
Size. Parking area islands shall be a minimum nine feet wide by 18 feet long and shall have a minimum soil depth of 36 inches. Double rows of parking shall provide parking area islands opposite one another to form continuous single islands.
b.
Planting. A minimum of one canopy tree shall be provided for every parking area island. If the island extends the width of a double bay, then two canopy trees shall be provided.
c.
Groundcover. A minimum of 75% of the surface area of every parking area island and median shall be planted with living groundcover.
d.
Design. Parking area islands shall be protected with concrete curbing or other suitable barriers approved by the Zoning Administrator. Such islands shall be properly drained or irrigated as appropriate to the site conditions to ensure survivability of plant materials or proper stormwater management function.
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H.
Transition zone landscape requirements. Transition zone landscape shall be required along interior property lines of all nonresidential, mixed use, and multifamily development. It is not expected that the transition area will totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. Landscape required by this section shall be in addition to landscape required under other sections of this Zoning Ordinance.
1.
Applicability. Transition zone landscaping is required as follows:
a.
The construction or installation of any new primary building or primary use; and
b.
The expansion of any existing primary building or primary use that results in an increase in gross floor area by more than 5% or 1,000 square feet, whichever is greater. In the case of expansions that trigger compliance with transition zone requirements, transition zone landscaping is required only in proportion to the degree of expansion. The Zoning Administrator or their designee is authorized to allow the transition zone to be established adjacent to the area of expansion or to disperse transition zone landscaping along the entire site transition zone.
2.
Application of transition zone types. Transition zones shall be provided based on Table 5-03(H)(2), except where adjacent uses are of a similar nature, scale, and intensity as determined by the Zoning Administrator. As per Table 5-03(I), the type of required transition zone is dependent upon the land use type of the subject lot and the land use type of the adjacent lot(s).
Table 5-03(H)(2): Application of Transition Zone Types | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Subject Lot Land Use | Adjacent Lot Land Use | |||||||||||
Single-family detached and duplex residential | All other residential | Residential services | Institutional and place of assembly | Recreation, amusement, and lodging | Retail | Service | Lodging | Eating and drinking | Vehicle related | Industrial | Utility and transportation | |
Single-family detached and duplex residential | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a |
All other residential | A | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a | A | B | B |
Residential services | B | A | A | n/a | n/a | n/a | n/a | n/a | n/a | A | B | B |
Institutional and place of assembly | B | B | A | n/a | n/a | A | A | A | A | A | B | B |
Recreation, amusement, and lodging | B | B | A | n/a | n/a | A | A | A | A | A | D | D |
Retail | B | B | B | n/a | n/a | n/a | n/a | n/a | n/a | B | C | C |
Service | B | B | B | n/a | n/a | n/a | n/a | n/a | n/a | B | C | C |
Lodging | B | B | B | n/a | n/a | n/a | n/a | n/a | n/a | B | C | C |
Eating and drinking | B | B | B | n/a | n/a | n/a | n/a | n/a | n/a | B | C | C |
Vehicle related | B | B | B | B | B | A | A | A | A | B | C | C |
Industrial | D | D | D | D | D | D | D | D | D | D | B | B |
Utility and transportation | D | D | D | D | D | D | D | D | D | D | B | B |
Notes: |
|---|
Transition zone requirements shall not apply on lots in the CBD District where the adjacent lot has a building with a common parti wall. |
I.
Transition zone types. Four transition zone types are established in recognition of the different contexts that may exist, as shown in Table 5-03(I). Transition zones may include a combination of elements including setback distances for separation, planting types, solid fencing, green walls, vegetated stormwater management areas, living groundcover, or turf.
Table 5-03(I): Transition Zone Types | |||||
|---|---|---|---|---|---|
Specification | Type A | Type B | Type C | Type D | |
(a) | Minimum zone width (1) | 5 feet | 10 feet | 15 feet | 20 feet |
(b) | Minimum fence/wall height (2)(3) | optional | optional | 6 feet | 6 feet |
Minimum Number of Landscape Elements per 100 Linear Feet | |||||
(c) | Understory tree | optional | 3 | 4 | 5 |
(d) | Canopy/evergreen tree | 4 | 3 | 4 | 5 |
(e) | Shrubs/native grasses | optional | 15 | 25 | 35 |
Notes: | |||||
|---|---|---|---|---|---|
(1) | Required yard setbacks may be utilized for transition zone landscape. | ||||
(2) | Fence or wall requirements may be satisfied by a solid evergreen hedge with a maximum height of six feet, as approved by the Zoning Administrator. | ||||
(3) | Fencing shall still be required on the subject lot in any instance that the adjoining property contains a fence along the lot line. | ||||
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J.
Species diversity requirements. The following species diversity standards shall be required for all developments, unless otherwise approved by the Zoning Administrator in conjunction with approval of vegetated stormwater management areas.
1.
A minimum of 50% of the landscape elements utilized on a parcel that is less than 1/2 (0.5) acre shall be drought-tolerant native species.
2.
A minimum of 60% of the landscape elements utilized on a parcel that is between 1/2 (0.5) and five acres shall be drought-tolerant native species. Total landscape elements, excluding turf, shall not be comprised of more than 30% of any single species or 50% of any genus.
3.
A minimum of 75% of the landscape elements utilized on a parcel that is greater than five acres shall be drought-tolerant native species. Total landscape elements, excluding turf, shall not be comprised of more than 20% of any single species or 25% of any genus.
K.
Tree preservation. Preservation of existing high-quality trees within a new development or redevelopment site is highly encouraged. Preserved trees may fulfill a portion of the landscape requirements established in this section. Should the developer propose to maintain existing high-quality trees to count toward satisfying certain landscape requirements of this Zoning Ordinance, the Zoning Administrator may, upon receipt of a tree preservation plan, waive certain landscape requirements if mature, high-quality trees on a lot are proposed to be preserved. If, upon inspection at the conclusion of the project, trees identified for preservation have been removed, damaged, or are otherwise in declining condition, all waived required landscape shall be installed.
L.
Installation and maintenance of landscape zones.
1.
Immediately upon planting, all landscape shall conform to the American Standard for Nurserymen, published by the American Association of Nurserymen, Inc., as revised from time to time.
2.
Dead plant materials shall be replaced within 60 days upon notification from the City, taking into consideration the season of the year, and shall have at least the same quantity and quality of landscape elements as initially approved. If the particular project is constructed in more than one phase, the sixty-day time frame shall apply to each individual phase.
3.
All landscape shall be maintained in a healthy, clean, and weed-free condition. The ground surface of landscape areas shall be covered with either turf and/or other types of pervious groundcover or mulch.
4.
All landscape zones shall be irrigated as follows:
a.
For stormwater management areas where irrigation is not specified, all installed plantings shall be guaranteed to the City for a period of 18 months following municipal approval of installation. During this guarantee period, the landowner shall supply water as necessary to promote successful establishment and growth.
b.
Any required landscaped zone not intended for stormwater management, greater than 150 square feet in area, shall be provided with an underground irrigation system or be provided with a portable water supply within 50 feet of said landscaped areas.
Section Z5-04 Screening.
A.
Grease traps, trash, and recycling receptacles. The following regulations shall apply to all nonresidential, mixed-use, and multifamily residential development.
1.
Grease traps, trash, and recycling receptacles shall be screened on three sides with a solid, opaque material with a minimum height of six feet and a maximum height of eight feet.
2.
Materials used for screening shall complement the exterior building cladding materials of the primary building.
3.
Materials and elevations for enclosures that are attached to buildings shall be designed to be integrated into the primary building.
4.
If enclosures are to be attached to buildings, they shall comply with applicable fire and building codes.
5.
Shrubs shall be installed every three feet along the exterior of the enclosure, with the exception of enclosure openings, to provide a softening effect.
6.
Enclosure openings shall be gated with an opaque material.
7.
Enclosure openings shall be kept closed at all times except for when the receptacle is being accessed.
8.
Property owners shall be responsible for ensuring that grease traps, trash, and recycling receptacles be placed in the enclosure at all times other than when it is being accessed.
9.
Access drives shall be constructed of materials and to a thickness which accommodates truck loading. Year-round access to the enclosure area for service trucks shall be maintained by the property owner or tenant.
10.
Enclosures shall be of an adequate size to accommodate expected containers. The enclosure shall be designed to be expandable to accommodate future additional containers.
11.
Enclosure structures shall be designed to protect the walls from damage by containers. Such protection may be provided by the use of barrier curbing, reinforced masonry walls, or other similar means.
12.
Grease traps, trash, and recycling receptacle enclosures shall not occupy areas used for required parking spaces.
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B.
Ground/wall mounted mechanical units. The following regulations shall apply to all ground/wall-mounted mechanical units, including but not limited to generators, air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment, etc., and any related utility structures and equipment. Tanks and/or silos accessory to a brewery, winery, and/or distillery are exempt from these requirements.
1.
Locating mechanical units within the primary building is strongly encouraged to minimize exterior visual impacts. Ground-mounted mechanical units are prohibited within the front yard, regardless of whether screening is provided.
2.
Ground/wall mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be completely screened from public view.
3.
Materials used for screening shall be designed and established so that the area or element being screened is no more than 20% visible through the screen. Evergreen hedges or non-transparent walls such as stone masonry shall be allowed.
4.
Chain-link fence or slats in chain-link fence shall not be used to meet this requirement.
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C.
Roof mounted mechanical units. The following regulations shall apply to all roof-mounted mechanical units, including but not limited to air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment, etc., and any related utility structures and equipment which service multifamily residential, non-residential, or mixed-use developments.
1.
Locating mechanical units within the primary building is strongly encouraged to minimize exterior visual impacts.
2.
Roof-mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be completely screened from public view.
3.
Materials used for screening shall be architecturally integrated with the building and shall be continuous and permanent.
4.
Screening shall be required when new equipment is installed and shall be provided around both new and existing roof-mounted mechanical units in order to provide visual continuity. Normal maintenance of roof-mounted mechanical units shall not mandate the screening requirements.
5.
Additional screening may be required due to topographic differences in the adjoining properties.
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D.
Loading docks and truck-parking areas. Loading docks and truck-parking areas that are visible from any property in a residential district shall be completely screened from view with a Type D transition zone as specified in Table 5-03(I).
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Section Z5-05 Fences.
A.
General provisions.
1.
Location. All fences allowed in this section shall be located:
a.
Wholly within or along property lines;
b.
Outside of a clear sight triangle as detailed in Section 5-06;
c.
In a manner which does not block access to underground utility access structures; drainage structures; telephone, electric, cable television or gas pedestals; or fire hydrants;
d.
A minimum of two feet from a sidewalk, where the sidewalk is within the public right-of-way;
e.
A minimum of two inches above finished grade if located in a drainage swale or a drainage easement; and
f.
In a manner which does not inhibit the function of stormwater drainage structures.
2.
Material standards.
a.
Materials permitted. Permitted fence materials shall be only those materials which are designed and intended for use in fence installations and shall be limited to:
[1]
Masonry;
[2]
Vegetation (including but not limited to "green wall" systems);
[3]
Wood, chemically treated or naturally resistant to decay;
[4]
Wood composites;
[5]
Aluminum;
[6]
Vinyl/PVC;
[7]
Wrought iron;
[8]
Coated chain link without slats or inserts;
[9]
Trellises composed of materials allowed in this subsection; and
[10]
As approved by the Zoning Administrator.
B.
Fences on lots with single-family and duplex uses. Fences on lots with single-family and duplex uses shall meet the requirements established below. Barbed wire, razor wire, agricultural fencing, or unconventional materials such as plywood or tarps or others as determined by the Zoning Administrator shall be prohibited on lots with single-family and duplex uses. All fences shall be erected so that the posts and all other supporting members face inward toward the owner's property.
1.
Fences in front and/or exterior side yards.
a.
Height.
[1]
Fences in front and/or exterior side yards shall not exceed 3 1/2 (3.5) feet in height.
[2]
Fences in exterior side yards may have a maximum height of six feet if located at least seven feet from the property line.
b.
Materials. Fences in front yards and/or exterior side yards shall be of non-sight barrier construction and have a maximum opacity of 50%. However, fences in street side yards may be 100% opaque if located a minimum of seven feet from the street side lot line.
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2.
Fences in interior side and rear yards.
a.
Height. The maximum height of a fence in interior side yards and rear yards shall be six feet.
b.
Materials. Fence materials utilized in interior side yards and rear yards shall complement fence materials which are or may be utilized in other yards. Fences in interior side and rear yards may be 100% opaque.
C.
Fences on lots with townhome, multifamily, mixed-use, and nonresidential uses.
1.
Height. The maximum height of fences on a lot with townhome, multifamily, mixed-use, and nonresidential uses shall not exceed six feet.
2.
Location. Fences on lots with townhome, multifamily, mixed-use, and nonresidential uses shall be located in rear and interior side yards only. However, fences on lots in the BP District may be located in exterior side, interior side, and rear yards only.
Section Z5-06 Intersection visibility.
A.
Unobstructed visibility shall be maintained at the intersection of any driveway and right-of-way, and at the intersection of two or more streets. Such area of unobstructed visibility shall be referred to as a clear sight triangle.
B.
The clear sight triangle shall be measured perpendicular to and starting at the back of curb of each intersecting street or driveway.
C.
The minimum distance at any intersection shall be 20 feet. Greater distances may be required based on the criteria of the American Association of State Highway and Transportation Officials (AASHTO), the Michigan Department of Transportation (MDOT), and the discretion of the City Engineer.
D.
The maximum height of any structure within the clear sight triangle shall be three feet.
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Section Z5-07 General multifamily, mixed-use, and nonresidential design standards.
A.
Applicability. The standards of this section shall apply to all townhome, multifamily, mixed-use, and nonresidential developments outside the CBD District. The standards of Section Z3-05 shall govern development in the CBD District.
B.
Exterior building cladding materials. Allowable exterior building cladding materials on building facades facing a front or exterior side lot line shall be as detailed below. Glazing shall not be included in the facade material calculations. When part of a common development, buildings shall use materials that are consistent with or complement surrounding development.
1.
Masonry. A minimum of 50% of the facade area shall be masonry, such as brick, stacked stone, stone masonry units, and architectural concrete masonry units.
2.
Lap siding, stucco, EIFS. A maximum of 50% of the facade area may be lap siding including cementitious fiber board, stucco, or EIFS.
3.
Concrete and architectural metal siding. A maximum of 15% of the facade area may be concrete or non-corrugated architectural metal siding.
4.
Vinyl siding, unfinished concrete block. The use of vinyl siding and unfinished concrete block shall be prohibited.
C.
Facade articulation. Articulation involves the horizontal and vertical variation of the facade so that walls are subdivided into bays or sections that are vertically proportioned. The following provisions for facade articulation shall apply to any building elevations facing a front or exterior side lot line.
1.
The frontage of the building shall be divided into architecturally distinct sections or bays with each section taller than it is wide.
2.
Sections or bays shall be visually established by architectural features such as columns, ribs, pilasters, piers, recesses, projections, windows, awnings, arcades, or an equivalent element that visually subdivides the wall with a roof or cap features that provides a rational terminus and integrates with the overall design of the facade.
3.
The required dividing elements shall have a minimum width of one foot and minimum projection to width ratio of 1:4.
D.
Glazing.
1.
Transparency zone. Glazing that is transparent under all lighting conditions shall extend from a base of contrasting material (not exceeding four feet in height above the adjacent grade) to at least the height of the door head. Table 5-07(D) details the minimum required percentage of square footage in the transparency zone that must have a glazing treatment.
Table 5-07(D): Ground-Floor Transparency Requirements | ||
|---|---|---|
Zoning District | Elevation Facing Yard | |
Front | Exterior Side | |
GCD | 40% | 30% |
BP or I | 30% | 20% |
2.
Glazing to be dispersed. Required glazing shall not be aggregated into a single, undivided area of glazing treatment. Individual glazing areas shall not span more than 15 linear feet.
Section Z5-08 Outdoor lighting.
A.
Fixture classification. All outdoor lighting fixtures, with the exception of wall-mounted accent lighting, shall either have a fixture cutoff classification of "full cutoff" or be fully shielded, unless otherwise expressly permitted in this Ordinance.
B.
LED Fixtures. All outdoor lighting utilizing a light-emitting diode (LED) fixture shall meet the following standards:
1.
Color rendering. Outdoor LED fixtures shall be rated a minimum Color Rendering Index (CRI) value of 70 or higher.
2.
Color temperature. Outdoor LED fixtures shall have a correlated color temperature between 4,000 and 5,000 degrees Kelvin.
C.
Pole-mounted outdoor lighting.
1.
Pole placement. Pole-mounted outdoor lighting shall be located outside of utility easements, designed in coordination with site features and required landscape zones.
2.
Maximum pole height. Pole-mounted fixtures shall be mounted at heights above grade no greater than those specified in Table 5-08(C).
Table 5-08(C): Maximum Luminaire Height | |
|---|---|
District | Maximum Permitted Luminaire Height |
R-1 and R-2 Districts | 15 feet |
R-3, CBD, and WM Districts | 20 feet |
All other districts | 30 feet (1) |
Notes: | |
|---|---|
(1) | Twenty-foot maximum shall be allowed when within 150 feet of a property within a residential district or with a residential use. |
D.
Wall mounted accent lighting. Wall mounted accent lighting shall be integrated with the architectural character of the building and shall use low-luminosity lamps, with 2,000 source lumens or less. The illumination on any vertical surface shall not exceed 1/2 (0.5) maintained footcandle and shall not spill over roof lines or building edges.
E.
Outline lighting prohibited. Outline lighting shall be prohibited from signs, buildings, and structures.
F.
String lighting prohibited. String lighting used on signage shall be prohibited.
G.
Maximum light level at property line.
1.
On lots adjacent to lots in a nonresidential zoning district, all outdoor lighting fixtures shall be designed and located so that the maximum light level shall be 1/2 (0.5) maintained footcandle at any property line.
2.
On lots adjacent to lots in a residential zoning district, all outdoor lighting fixtures shall be designed and located so that the maximum light level shall be zero maintained footcandle at any property line.
H.
Light level measurement.
1.
Location. Light level measurements shall be made at the property line of the property upon which the light to be measured is being generated. If measurement on private property is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the property of the complainant or at any other location on the property of the complainant. Measurements shall be made at finished grade (ground level), with the sensor in the horizontal position and not mounted more than six inches above ground level, and with the light-registering portion of the meter held parallel to the ground and pointing upward.
2.
Light meter specifications. Light levels shall be measured in footcandles with a direct-reading portable light meter. The meter shall:
a.
Have cosine and color correction;
b.
Have an accuracy tolerance of no greater than plus or minus 5%; and
c.
Have been calibrated within the last two years.
Section Z5-09 Stormwater standards.
A.
Drainage design. The drainage portion of the site plan shall be designed to City storm design standards and not increase water run-off to adjoining properties, nor overburden watercourses in the area. Retention or detention areas shall be kept to the smallest number possible.
Section Z5-10 Private roads.
A.
Purpose. The City determines that it is in the best interest of the public health, safety, and welfare to regulate the construction, improvement, extension, relocation, and use of private streets. These provisions have been enacted to assure that private streets:
1.
Will not be detrimental to the public health, safety, or general welfare;
2.
Will not adversely affect the long-term development policies of the City;
3.
Will be designed and constructed with width, surface, and grade to assure safe passage and maneuverability of private vehicles, police, fire, ambulance, and other safety vehicles.
4.
Will be constructed so as to protect against or minimize soil erosion and prevent damage to the lakes, streams, wetlands, and natural environment of the City.
B.
Frontage and access.
1.
Any lot not having frontage on a public street shall have frontage upon a private street.
2.
All parcels utilizing a private street shall have frontage on the private street for at least the minimum lot width required for the district in which the parcel is located.
3.
All private streets shall have direct access to a public street.
C.
Permits.
1.
No individual, association, corporation, or entity, either public or private, shall construct a private street without first having obtained a private street permit from the City.
2.
The Building Inspector shall not issue building permits for construction of any building or structure on lots served solely by a private street until a permit for the private street has been approved by the Planning Commission and a safe and unimpeded route of travel is available for any such structure requiring a building permit.
3.
A driveway permit shall be obtained from the Michigan Department of Transportation, where applicable, or from the City.
4.
A soil erosion and sedimentation control permit shall be obtained, as may be required by the Soil Erosion and Sedimentation Control Act of 1972, as amended.
5.
All other required State of Michigan permits shall be obtained.
6.
The Planning Commission may elect to have all design and construction plans reviewed by the City's attorney, engineer, or planner prior to consideration of the application for the private street permit.
D.
Design requirements.
1.
Construction specifications for width, surface and base materials, curbing, drainage, utility locations, and method of construction shall conform to the City standards for public streets except as otherwise provided, as follows:
a.
All private streets shall have a recorded permanent right-of-way and easement with a minimum width of at least 40 feet. The easement shall also expressly permit public or private utilities to be installed within the easement.
b.
The area in which the private street is to be located shall have a minimum cleared width of 24 feet, which clearing shall always be maintained by the owners of the private street.
c.
Road surface may be gravel but shall meet the minimum construction standards of the Berrien County Road Commission for gravel roads. The road surface shall be a minimum of 16 feet in width.
d.
Any private street which terminates at a dead-end shall have a means for vehicle turn-around either by use of a cul-de-sac, with a minimum radius of 40 feet, or by a continuous loop private street system, both of which must be constructed in accordance with the standards set forth in this section.
e.
The road surface shall have a minimum crown of 1/5 foot per foot from the center line of the private street to the outside edge thereof.
f.
A road shoulder at least two feet wide, composed of six inches of compacted gravel, shall be provided on each side on the private road surface and shall slope 1/2 inch per foot from the outside edge of the road surface to the top of the slope.
g.
The maximum longitudinal road grade shall not exceed 6% provided that the City Council may allow up to a 10% grade if the applicant produces written justification, satisfactory to the City Council, that an increase in the road grade will not adversely affect public safety and the design of the road system(s). The City Council may seek written recommendations from the City Engineer.
2.
Length of private streets.
a.
No private street shall extend for a distance of more than 1,240 feet in length from the nearest public street right-of-way from which access is gained, as measured along the center line of the private street to the furthest point of any private street, except as otherwise noted, without a private street access complying with this section being provided to another public street.
b.
The maximum length of a proposed private street may be exceeded if the City Council, after recommendation of the Planning Commission, finds that at least one of the following conditions exists:
[1]
That topography or other significant natural features preclude access to any other public street or adjoining property on which a public street may be constructed. Such significant natural features shall be clearly identified and marked on the proposed private street plans.
[2]
That not allowing a longer private street would result in inefficient use of land. Alternate development plans demonstrating that no other development is feasible shall be submitted by the applicant and reviewed by the City Council prior to confirming this finding.
[3]
That other methods of access are available such that emergency vehicles are assured a safe and unimpeded route of travel to the properties served by the private street. Such access shall be reviewed by the Fire Chief and the recommendation forwarded to the Planning Commission and then the City Council.
c.
The City Council, upon a finding that at least one of the above conditions exists, shall establish the maximum length of the proposed private street.
3.
Right-of-way/easement width.
a.
All private streets constructed after the effective date of this Ordinance shall have a recorded permanent right-of-way and easement with a minimum width of at least 40 feet. The right-of-way shall also expressly permit public or private utilities to be installed within the right-of-way.
b.
Private streets in existence as of the effective date of this Ordinance whose right-of-way or easement width is less than 40 feet need not provide additional right-of-way or easement width, but such width shall not be subsequently reduced so as to increase its noncompliance with these requirements.
4.
The layout of the private street and the intersections of the private street with either a public or private street shall be such that clear vision, safe turning and travel in all directions at the posted speed limit is assured, as determined by the City Engineer. The minimum distance between intersections of public and/or private street rights-of-way shall not be less than 150 feet, as measured along the right-of-way line thereof.
5.
Existing private streets.
a.
A private street existing on the effective date of this Ordinance may continue in existence and be maintained and used, though it may not comply with the provisions of this section. Such private streets shall be continuously maintained to provide a safe and unimpeded route of travel for motor vehicle traffic, pedestrians, and emergency vehicles in all weather conditions.
b.
Any private street existing on the effective date of this Ordinance to which one or more additional lots or parcels are created or otherwise permitted access, shall have the entire length of the existing private street upgraded to comply with the applicable requirements of this Subsection D.
c.
If a private street existing on the effective date of this Ordinance is extended by the construction and use of an additional length of private street the entire private street, including the existing portion and the additional portion, shall comply with the applicable requirements of this Subsection D.
E.
Maintenance and repairs.
1.
Private streets shall be maintained in a manner that complies with the provisions of this section.
2.
All private streets shall be continuously maintained in such a way that they will not constitute a danger to the health, safety, and welfare of the inhabitants or visitors to the City. All private streets shall be continuously maintained in such a way that they assure a safe and unimpeded route of travel for motor vehicle traffic, pedestrians, and emergency vehicles in all weather conditions.
3.
All costs for maintenance and repair of the private street shall be the responsibility of the property owners or any property owners' association served by the private street.
4.
Private street maintenance or restrictive covenant agreements.
a.
The applicant(s)/owner(s) of the proposed private street right-of-way or private street shall provide the Planning Commission with a recordable private street maintenance or restrictive covenant agreement between the owner(s) of the private street right-of-way and any other parties having any interest therein, or other documentation satisfactory to the Planning Commission which shall provide for and assure that the private street shall be regularly maintained, repaired, and snow plowed so as to assure that the private street is safe for travel at all times and the cost thereof paid.
b.
The applicant(s) agree, by filing an application for and receiving a permit under this Ordinance, that they will assure that any building(s) or parcels thereafter created or constructed on the private street shall also be subject to the street maintenance or restrictive covenant agreement and that said agreement shall be recorded and shall run with the land. A copy of said agreement shall be furnished to the Planning Commission prior to the issuance of the permit.