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Norton Shores City Zoning Code

ARTICLE III

- DISTRICT REGULATIONS

DIVISION 15. - PUD PLANNED UNIT DEVELOPMENT DISTRICT[6]


Footnotes:
--- (6) ---

State Law reference— Planned unit development, MCL 125.3503.


DIVISION 18. - CCD CONSERVATION CLUSTER DEVELOPMENT[7]


Footnotes:
--- (7) ---

State Law reference— Open space preservation, MCL 125.3506.


Sec. 48-280.- Scope, intent and purpose.

(a)

To accomplish the goals set forth in article I of this chapter, the establishment of zoning districts is essential. The district established describes the principal uses allowed, and where other uses may be appropriate under special circumstances, they can be obtained by applying for a special use permit. These special uses will be subject to certain conditions set forth in article II, division 2, of this chapter to ensure the use, not normally allowable, will not be in conflict with any goals the city hopes to achieve. This will give property owners some flexibility in the development of their land, and protect the general character and resources of the neighborhood and city.

(b)

It is also important to note that even many principal uses allowed are subject to conditions, not because the land use involved is in conflict with other principal land uses, but by their very nature could be offensive unless specific standards are followed. Therefore, such standards for a variety of land uses are all collected in article VIII of this chapter, since it would be repetitive to include such conditions wherever the land use was found, since, to remain flexible, this chapter may allow a particular land use in more than one district.

(c)

Therefore, general provisions apply to all land in the city. Environmental provisions apply to specified environmentally sensitive areas. In addition, certain land uses require specific regulations whether they are principal or special uses. If there is a special use allowed in a district, it is further subjected to the special use standards found in article II, division 2, of this chapter, as well as those standards regulating that use as a principal use. The special uses enumerated in the various districts are the only special uses intended to be allowed. The board of appeals shall have no power to add to the special uses by the grant of a land use variance.

(d)

Therefore, the districts are set forth to offer an appropriate site for the different uses of land, and also give landowners in some areas a wider range of land uses, but only when conditions and assurances are secured that these otherwise prohibited uses will not cause conflict with the goals of the city or the neighborhood.

(e)

Some districts are not established on a map since they represent a unique use of land by mixing different uses, or are so rarely established, such as public school buildings and facilities, the establishment of a specific site would limit options, cause severe use limitations of the land or cause an artificial appreciation to the value of a specific site. These districts are known as planned unit residential development (PURD), planned unit development (PUD), and special use development (SUD), the last intended for public and nonprofit quasipublic persons. All are subject to conditions prior to approval.

(f)

Since the city is a unique blend of developed and undeveloped areas, the districts attempt to recognize present neighborhood characteristics. The basic land use currently existing is residential, of a wide variety. Therefore, a variety of lot sizes attempts to recognize existing patterns. In addition, another flexibility is inserted in this chapter to recognize certain unique natural conditions, such as the dunes, to allow cluster home development on an area where construction is feasible, and allow the dunes to remain untouched, but utilize the total parcel land area in the computation of density requirements.

(g)

For ease in locating dimensional standards, they all are compiled in section 48-773 to avoid repetitive listings.

(Ord. No. 369, § 15.370(5.100), 6-26-1981)

Sec. 48-281. - Districts established.

For the purposes set forth in section 48-2, the city does hereby establish the following land use districts:

(1)

R-1 single-family residential;

(2)

R-2 single-family residential;

(3)

R-3 single-family residential;

(4)

R-4 single-family residential;

(5)

R-5 single-family residential;

(6)

CR-6 cluster single-family residential;

(7)

AR-7 apartments two story;

(8)

AR-8 apartments four story;

(9)

AG agricultural;

(10)

REC recreational;

(11)

PO professional office;

(12)

GO general office;

(13)

C-1 neighborhood commercial;

(14)

C-2 general retail;

(15)

C-3 major commercial;

(16)

GI general industrial;

(17)

PUD planned unit development;

(18)

PURD planned unit residential development;

(19)

SUD special use development; and

(20)

CCD conservation cluster development.

(Ord. No. 369, § 15.375(5.101), 6-26-1981; Ord. No. 653, 5-17-2002)

Sec. 48-282. - District boundaries interpreted.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city limits shall be construed as following city limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.

(6)

Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(7)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (6) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(8)

Where physical or natural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (7) of this section, the zoning board of appeals shall interpret the district boundaries.

(9)

Insofar as some or all of the various districts may be indicated on the zoning map by patterns which, for the sake of map clarity, do not cover public rights-of-way, it is intended that such district boundaries do extend to the center of any public right-of-way.

(Ord. No. 369, § 15.380(5.102), 6-26-1981)

Sec. 48-313.- Intent.

The R-1 through R-4 districts are the most restrictive residential districts. All are single-family dwellings, escalating in lot size requirements depending upon the location, character of surrounding development, type and capacity of streets, availability of public facilities, potential availability of public facilities, proximity to shopping districts, soils and topography. All are intended to be one-family detached dwellings, to provide a residential family neighborhood environment of low-density housing and, under special permit conditions, related church and recreational facilities.

(Ord. No. 369, § 15.386(5.103(1)), 6-26-1981)

Sec. 48-314. - Principal uses.

(a)

In the R-1 through R-4 single-family residential districts, no building or land shall be used for any purpose except the following:

(1)

Single-family residential;

(2)

State licensed residential facilities as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206);

(3)

Home occupations subject to the provisions of section 48-854; and

(4)

Public utilities.

(5)

Parcels containing two single-family residential structures at the time of this article amendment adoption as defined in article VIII, section 48-1162.

(b)

In the R-3 and R-4 districts only, subterranean or underground homes are allowed, subject to the provisions of section 48-852.

(Ord. No. 369, § 15.387(5.103(2)), 6-26-1981; Ord. No. 735, § 2, 7-5-2011)

Sec. 48-315. - Special permit uses.

(a)

Subject to article II, division 2, of this chapter, relating to special permit uses, and specific provisions applicable to the specific land use, the following uses may be allowed in R-1 through R-4 districts:

(1)

Football/baseball fields;

(2)

Tennis/handball courts;

(3)

Tracks; and

(4)

Day care centers.

(b)

In the R-1 and R-2 districts only, two-family dwellings are allowed subject to the provisions of section 48-1158.

(Ord. No. 369, § 15.388(5.103(3)), 6-26-1981; Ord. No. 380, 5-14-1982)

Sec. 48-334.- Intent.

The R-5 single-family residential district requires a large lot size primarily due to its location and high-water problems. It is located in an area not likely to receive public services and requires larger lot sizes to protect neighbors against potential well pollution. It has potential for other nonresidential uses due to larger lot sizes and a reduced chance to adversely affect surrounding neighbors, especially since much of the area contains larger acreage parcels.

(Ord. No. 369, § 15.391(5.104(1)), 6-26-1981)

Sec. 48-335. - Principal uses.

In an R-5 district, no building or land shall be used for any purpose except the following:

(1)

Single-family residential;

(2)

State licensed residential facilities as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206);

(3)

Home occupations subject to section 48-854; and

(4)

Reserved.

(5)

Parcels containing two single-family residential structures at the time of this article amendment adoption as defined in article VIII, section 48-1162.

(Ord. No. 369, § 15.392(5.104(2)), 6-26-1981; Ord. No. 735, § 3, 7-5-2011; Ord. No. 834, § 2, 5-2-2022)

Sec. 48-336. - Special permit uses.

Subject to article II, division 2, of this chapter, special permit uses, and specific provisions applicable to the specific land use, the following uses may be allowed in the R-5 single family residential districts:

(1)

Agriculture;

(2)

Farms;

(3)

Kennels;

(4)

Beaches;

(5)

Baseball/football courts;

(6)

Tennis/handball courts;

(7)

Subterranean or underground dwellings, subject to the conditions of section 48-852;

(8)

Single-family residential, subject to the dimensional requirements of an R-3 district unit;

(9)

Single-family residential, subject to the dimensional requirements of an R-4 district unit;

(10)

Single-family residential, subject to the requirements of the CR-6 clustered single-family residential unit principal uses.

(Ord. No. 369, § 15.393(5.104(3)), 6-26-1981; Ord. No. 521, 12-4-1992; Ord. No. 834, § 3, 5-2-2022)

Sec. 48-361.- Intent.

(a)

The CR-6 clustered single-family residential district is intended to allow a unique form of family living on a single described parcel of property, with greater density development than in most other single-family districts, with common areas for all families. Greater density and innovative architectural designs could reduce single-family living costs. Also, it is intended as a way of using developable land on a single described parcel while leaving the balance in its natural state, thus preserving certain natural resources, such as dunes, woods, valleys or floodplains. At the same time, this land, which contains the resource worth preservation, may be computed in the land space requirements to prevent over-density, taxation of public services and the retention of the single-family neighborhood character.

(b)

In addition, this housing form may be used in areas of transition between districts of different, sometimes conflicting uses, or between higher and lower density residential districts. Due to the unique features of each parcel of property, and the competing goals to be achieved, certain powers to control such development are retained while attempting to offer the landowners greater use of their land.

(Ord. No. 369, § 15.396(5.105(1)), 6-26-1981)

Sec. 48-362. - Principal uses.

No principal use of land is permitted in this CR-6 district except the following uses, after site plan approval, as set forth in article II, division 3 of this chapter, by the planning commission:

(1)

Cluster family residential dwellings, subject to a site plan review by the planning commission;

(2)

Single-family residential, subject to dimensional requirements of an R-4 district unit; and

(3)

State licensed residential facilities as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(4)

Parcels containing two single-family residential structures at the time of this article amendment adoption as defined in article VIII, section 48-1162.

(Ord. No. 369, § 15.397(5.105(2)), 6-26-1981; Ord. No. 735, § 4, 7-5-2011)

Sec. 48-363. - Special development conditions required.

(a)

Street ingress and egress to the major thorofares shall be kept to a minimum in the CR-6 clusterd single-family residential district.

(b)

Any area to be dedicated for park recreation or open space purposes as a result of the application of this section shall be subject to review and approval of the planning commission for minimum size, shape, location, access, the character of any improvements and assurance of the permanence of the open space and its continued maintenance.

(c)

The maximum number of homes in a cluster shall be subject to review by the planning commission, except that in no case shall a cluster contain more than six homes.

(d)

No structure shall be located closer to a street right-of-way or service drive than 40 feet.

(e)

Each cluster of one-family homes shall be separated from any other cluster of one-family homes by a distance determined by the number of homes in opposing clusters as regulated in the following scale:

Total homes in two opposing clusters: 12 10 08 06 04 02
Minimum distance (in feet): 70 60 50 40 30 30

 

(f)

In clusters containing two or more detached homes, the minimum distance between individual structures within a cluster shall be no less than 12 feet.

(Ord. No. 369, § 15.398(5.105(3)), 6-26-1981)

Sec. 48-364. - Special permit uses.

Subject to article II, division 2, of this chapter, relating to special permit uses, and specific provisions applicable to the specific land use, the following uses may be allowed in the CR-6 district:

(1)

Apartments (medium rise, 2 stories) AR-7;

(2)

Baseball/football/track fields; and

(3)

Tennis/handball courts.

(Ord. No. 369, § 15.399(5.105(4)), 6-26-1981)

Sec. 48-387.- Intent.

Two classes of apartment living are contemplated: this AR-7 class with medium height and density requirements, and a second which allows a higher height and density. With larger numbers of single persons present in society, more economic housing can be accomplished by apartment quarters. Difference in apartment heights and densities allows consideration of this type in some single-family residential areas as a special permit use, whereas the larger, higher type of structure would present a greater contrast to surrounding forms of construction, and not be as acceptable. Also, lesser density can allow the city greater flexibility in zoning location for this use, and provide more potential for apartment development, than would the potential sites for larger, bulkier structures with higher densities.

(Ord. No. 369, § 15.406(5.106(1)), 6-26-1981)

Sec. 48-388. - Principal uses.

No principal use of land is permitted in this AR-7 district except the following uses, after site plan approval, as discussed in article II, division 3, of this chapter, by the planning commission:

(1)

Medium height and density apartments; and

(2)

Principal uses allowed in the CR-6 single-family cluster residential district, subject to any requirements of that district use.

(Ord. No. 369, § 15.407(5.106(2)), 6-26-1981)

Sec. 48-420.- Intent.

Certain areas of the city lend themselves to a higher density living environment. These more economical forms of apartments constructed will contain larger numbers of persons who need to be in proximity to service centers. Also, allowing higher population density to be concentrated in areas where substantial public improvements have been made should provide for population growth with lower public investments. Since it is wiser to locate these densities near service centers and where improvements are in place, land costs will be higher. The compensating factor to the landowner will be the higher densities allowed to be developed. The height, four stories, or 45 feet, is limited by the physical capacity of fire equipment.

(Ord. No. 369, § 15.411(5.107(1)), 6-26-1981)

Sec. 48-421. - Principal uses.

No principal use of land is permitted in the AR-8 district except the following uses, after site plan approval, as discussed in article II, division 3, of this chapter, by the planning commission:

(1)

High-rise and high-density apartments;

(2)

Any principal use allowed in AR-7 district, and subject to conditions contained or referred to in same or other sections; and

(3)

Convalescent/nursing homes.

(Ord. No. 369, § 15.412(5.107(2)), 6-26-1981)

Sec. 48-422. - Special permit uses.

Subject to article II, division 2, of this chapter, relating to special permit uses, and specific provisions applicable to the specific land use, the following uses may be allowed in the apartments (high-rise and density, AR-8) district: Any principal use allowed in PO, or C-1, subject to all provisions contained or referred to in such districts.

(Ord. No. 369, § 15.413(5.107(3)), 6-26-1981)

Sec. 48-443.- Intent.

(a)

Being one of the few cities with large undeveloped acreage, the city has an asset in the large parcels of land still being moderately used for farm purposes.

(b)

Such land tracts offer yet another available lifestyle to the many provided for in this chapter. It is a declared intent to encourage the maintenance of this farmland for the development and maintenance of hobby and truck farms, for the production of animal or vegetative products for human consumption. In addition, forest products and tree farms are becoming a valuable national commodity, for which the soil types present are particularly well-suited. Preservation of the open-space farmland is deemed essential.

(Ord. No. 369, § 15.416(5.108(1)), 6-26-1981)

Sec. 48-444. - Principal uses.

No principal use of land is permitted in this AG district except the following uses, after site plan approval, as outlined in article II, division 3, of this chapter, except it shall not be required for single-family residential:

(1)

Farm dwellings, barns, stables, silos and accessory buildings, structures and uses customarily incidental to any of the foregoing permitted uses;

(2)

State licensed residential facilities as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206);

(3)

Agriculture, horticulture, viticulture, dairy farming, cattle raising, poultry raising, apiaries, farm forestry and other similar bona fide farming or agricultural enterprises excluding, however, rendering plants, commercial fertilizer production or garbage and waste feed disposal activities;

(4)

Greenhouses or nurseries;

(5)

Markets for the sale of products grown upon the type of premises described in subsections (3) and (4) of this section, together with incidental products related thereto not grown or produced upon the premises, but which are an unsubstantial part of the same business;

(6)

Home occupations;

(7)

Kennels;

(8)

Quarries, sand, gravel and soil mines or farms, subject to conditions of article V, division 5;

(9)

Worm farms;

(10)

Riding stables; and

(11)

Sawmills.

(Ord. No. 369, § 15.417(5.108(2)), 6-26-1981)

Sec. 48-445. - Special permit uses.

Subject to article II, division 2, of this chapter, relating to special permit uses, and specific provisions applicable to the specific land use, the following uses may be allowed in the AG district:

(1)

Bowling alley;

(2)

Skating rink (ice or roller);

(3)

Athletic clubs or health spas;

(4)

Automobile service station;

(5)

Auto wash;

(6)

Outdoor theatres;

(7)

Golf courses;

(8)

Recreational trailer camps; and

(9)

Archery ranges.

(Ord. No. 369, § 15.418(5.108(3)), 6-26-1981)

Sec. 48-474.- Intent.

Certain areas in the city, having large undeveloped tracts of land, lend themselves to recreational uses not often available within a city limit. Some areas already are converted to these uses. Being located near a portion of the national interstate highway system, and a large urban population, these areas have present and potential value for recreational development. The area can be described as having a high water table and not readily suitable for intense residential development. Containing a small lake, streams and dunes, and adjacent to a state park with a well-developed nature center, various recreational pursuits can be expanded. Soil types and groundwater conditions also are similar to those found in the AG district and are, therefore, similarly suited for those purposes.

(Ord. No. 369, § 15.421(5.109(1)), 6-26-1981)

Sec. 48-475. - Principal uses.

No principal use of land is permitted in this REC district except the following uses, after site plan approval, as outlined in article II, division 3, of this chapter, by the planning commission, except single-family residential:

(1)

Single-family residential;

(2)

Home occupations, subject to the conditions of section 48-854;

(3)

All principal uses of the AG district, as described in section 48-444, excepting sawmills;

(4)

Golf courses;

(5)

Archery ranges;

(6)

Parks;

(7)

Beaches;

(8)

Nature reservation;

(9)

Baseball/football fields;

(10)

Outdoor tennis/handball courts; and

(11)

Outdoor skating rinks (ice or roller).

(Ord. No. 369, § 15.422(5.109(2)), 6-26-1981; Ord. No. 387, 8-13-1982)

Sec. 48-476. - Special permit uses.

Subject to article II, division 2, of this chapter, relating to special permit uses, and specific provisions applicable to the specific land use, the following uses may be allowed in the REC district:

(1)

Indoor tennis/handball courts;

(2)

Indoor skating rinks (ice or roller);

(3)

Bowling alley;

(4)

Recreational vehicle park;

(5)

Resorts;

(6)

Gun and skeet; and

(7)

Athletic clubs or health spas.

(Ord. No. 369, § 15.423(5.109(3)), 6-26-1981; Ord. No. 387, 8-13-1982)

Sec. 48-506.- Intent.

As a growing commercial, banking and residential center, the demand for professional services is rising. Certain professionals are trained many years, required to meet high standards and subject to strict regulation by their state-regulated agencies. The activity around their offices is normally low-volume and noncommercial. Advertising is nominal. Due to the nature of their business, historically these small office businesses normally congregate around commercially active areas. Because their uses may mix with their more commercially active sales counterparts, they may often be compatible. However, because of their lower-key nature and volume of traffic, the more active commercial retail-type business may not be as compatible in certain areas as the professional. Thus, there was a need for a separation of the two uses, allowing, however, the professional office use to mix with the active commercial land use district.

(Ord. No. 369, § 15.426(5.110(1)), 6-26-1981)

Sec. 48-507. - Principal use.

No principal use of land is permitted in this PO district, except the following uses, after site plan approval, as described in article II, division 3, of this chapter, by the planning commission:

(1)

Attorney;

(2)

Doctor;

(3)

Dentist;

(4)

Architect;

(5)

Psychologists/family counselor (certified); and

(6)

Clinics, professional corporations or associations of the professions listed in subsections (1) through (5) of this section.

(Ord. No. 369, § 15.427(5.110(2)), 6-26-1981)

Sec. 48-508. - Special permit uses.

Subject to article II, division 2, of this chapter, and specific provisions applicable to the specific land use, any principal use allowed in the GO district, described in division 10, may be allowed in the PO district.

(Ord. No. 369, § 15.428(5.110(3)), 6-26-1981)

Sec. 48-540.- Intent.

The purpose of a separate general office district is to recognize the growing demand for offices in the city, and to make a distinction among the more commercially active office, the professional office and the retailer. These types of offices may possibly blend by usage in another district, whereas other district land uses may not blend as compatibly in all areas where the general type of office activity could be situated.

(Ord. No. 369, § 15.431(5.111(1)), 6-26-1981)

Sec. 48-541. - Principal uses.

No principal use of land is permitted in this GO district except the following uses, after site plan approval, as desribed in article II, division 3, of this chapter, by the planning commission:

(1)

Any principal use allowed in the PO district, as described in article III, division 9, of this chapter;

(2)

Banks, credit unions, financial institutions;

(3)

Loan companies;

(4)

Personal service centers;

(5)

Real estate brokerages;

(6)

Insurance brokerages;

(7)

Health and sport centers (physical fitness);

(8)

Reporting/writing/clerical;

(9)

Executive;

(10)

Administrative; and

(11)

Churches.

(Ord. No. 369, § 15.432(5.111(2)), 6-26-1981)

Sec. 48-542. - Special permit uses.

Subject to article II, division 2, of this chapter, and specific provisions applicable to the specific land use, the following uses may be allowed in the GO district:

(1)

Any principal use allowed in the AR-7, AR-8 or the C-1 district; and

(2)

Day care centers.

(Ord. No. 369, § 15.433(5.111(3)), 6-26-1981; Ord. No. 552, 5-20-1995)

Sec. 48-563.- Intent.

There are certain small businesses which thrive on small volume neighbor trade. They are stop-and-go shops which do not rely on heavy volume trade, but are a real convenience if spaced properly throughout neighborhoods scattered through the city. It is not intended that they attract so much business that expansion becomes desirable, creating more traffic, more lighting, larger parking areas and larger buildings. It is difficult to list each type of business in this district; however, the intent is to describe businesses which are neighborhood service oriented, or smaller specialty shops not likely to be area-wide in attracting business. In certain selected neighborhoods, they can be of real benefit. However, the type of larger-volume shopping centers are not desirable in neighborhoods. Traffic, noise, lighting, increase in public services demand and aesthetics of building contrasts make the larger businesses incompatible. Therefore, they are a separate class.

(Ord. No. 369, § 15.436(5.112(1)), 6-26-1981)

Sec. 48-564. - Principal uses.

No principal use of land is permitted in the C-1 district except the following uses, after site plan approval, as described in article II, division 3, of this chapter, by the planning commission:

(1)

Shops offering convenience goods such as food, drugs, liquor, hardware, gifts, antiques, laundromat;

(2)

Dry cleaning pickup stations;

(3)

Books, newsstands;

(4)

Appliance repair;

(5)

Barber and beauty shops;

(6)

Baked goods;

(7)

Dry goods;

(8)

Jewelry;

(9)

Clothing;

(10)

Notions;

(11)

Greenhouse with floral shop;

(12)

Greeting card;

(13)

Dressmaker/tailor;

(14)

Liquor store; and

(15)

Banks.

(Ord. No. 369, § 15.437(5.112(2)), 6-26-1981)

Sec. 48-565. - Special permit uses.

Subject to article II, division 2, of this chapter, and any special provisions applying to the specific land use, the following uses may be permitted in the C-1 district:

(1)

Restaurants, including fast food;

(2)

Furniture/carpentry;

(3)

Automobile service station;

(4)

Amusement centers;

(5)

Billiard parlors;

(6)

Game rooms;

(7)

Laundry/dry cleaning;

(8)

Any principal use found in the PO district or the GO district; and

(9)

Day care centers.

(Ord. No. 369, § 15.438(5.112(3)), 6-26-1981; Ord. No. 552, 5-20-1995)

Sec. 48-594.- Intent.

This C-2 general retail district is intended as an area where merchants provide retail goods and services to the general public, usually on a larger scale than that found in the C-1 district. This area picks up more services such as food, beverage and motel, as well as home shops that are engaged in contract business outside their retail shop. Some types of contract businesses, which mix retail sales and contract sales off the premises, are subject to conditions, deemed compatible with normal retail establishments. Where the type of business which, of necessity, travels to other places to provide services, they normally entail larger parking, fenced enclosures for overnight outdoor vehicle storage and larger, cheaper storage buildings which are not deemed suitable for the more attractive, cleaner retail setting. Some retail businesses may find advantages in the general class of commercial activity (C-3 major commercial) described in division 13, but such activity is not deemed beneficial in the more specialized, large-volume retail-only district.

(Ord. No. 369, § 15.441(5.113(1)), 6-26-1981)

Sec. 48-595. - Principal uses.

No principal use of land is permitted in this C-2 district except the following uses, after site plan approval, as described in article II, division 3, of this chapter, by the planning commission:

(1)

Major retail centers;

(2)

Department stores;

(3)

Discount centers;

(4)

Bars;

(5)

Restaurants, including fast food;

(6)

Motels;

(7)

Sales/repair of appliances, heating/air, plumbing, electric, furniture/carpentry;

(8)

Paint and decorating;

(9)

Dry cleaning stations;

(10)

New car sales and used cars in conjunction with new car sales lot;

(11)

Banks;

(12)

Liquor store;

(13)

Automobile service station;

(14)

Printing shop, publishing, lithographing, electroplating;

(15)

Amusement centers;

(16)

Billiard parlors;

(17)

Game rooms;

(18)

Bowling alley;

(19)

Skating; and

(20)

Indoor tennis, squash or athletic clubs.

(Ord. No. 369, § 15.442(5.113(2)), 6-26-1981)

Sec. 48-596. - Special permit uses.

Subject to article II, division 2, of this chapter, and any special provisions applicable to the specific land use, the following uses may be permitted in the C-2 general retail district:

(1)

Any principal use allowed in PO, GO and C-1 districts;

(2)

Automotive engine repair facility;

(3)

Day care centers;

(4)

Car washes;

(5)

Drive-through restaurant; and

(6)

Kennels, but only in a building approved for use as an animal hospital.

(Ord. No. 369, § 15.443(5.113(3)), 6-26-1981; Ord. No. 493, 4-12-1991; Ord. No. 552, 5-20-1995; Ord. No. 595, 5-20-1995; Ord. No. 653, 5-17-2002; Ord. No. 769, § 2, 7-7-2015)

Sec. 48-626.- Intent.

It will be the intent of this C-3 major (other) commercial district district to allow any other legitimate type of commercial activity not specified in other districts. Additionally, many commercial enterprises do not lend themselves to the general retail (C-2) district for the reasons mentioned in division 12. It is further anticipated many businesses in this district will need additional large outdoor areas since they will be using bulkier materials and equipment. To allow them in the prime commercial areas of retailing would wrongfully allow valuable potential retail land on high-traffic areas to be absorbed by the businesses contemplated in this division.

(Ord. No. 369, § 15.446(5.114(1)), 6-26-1981)

Sec. 48-627. - Principal uses.

No principal use of land is permitted in the C-3 district except the following uses, after site plan approval, as described in article II, division 3, of this chapter, by the planning commission:

(1)

Automobile service station;

(2)

Printing shop, publishing, lithographing, electroplating;

(3)

Wholesale business and service;

(4)

Truck terminal;

(5)

Auto service body shop;

(6)

Commercial repair garage;

(7)

Auto wash;

(8)

Bus stations and garages;

(9)

Laundry/dry cleaning;

(10)

Construction shops, storage and service;

(11)

Building materials/supplier;

(12)

Farm/heavy equipment sales and repairs; and

(13)

Outdoor theatres.

(Ord. No. 369, § 15.447(5.114(2)), 6-26-1981; Ord. No. 653, 5-17-2002)

Sec. 48-628. - Special permit uses.

Subject to article II, division 2, of this chapter, and specific provisions applicable to the specific land use, the following uses may be allowed in the C-3 district:

(1)

Roadside products;

(2)

Greenhouses;

(3)

Motels;

(4)

Sales/repair of appliances, heating/air, plumbing, electric;

(5)

Furniture/carpentry;

(6)

Paint and decorating;

(7)

Dry cleaning stations;

(8)

New car sales;

(9)

Amusement centers;

(10)

Billiard parlors;

(11)

Game rooms;

(12)

Bowling alley;

(13)

Skating;

(14)

Indoor tennis, squash or athletic clubs;

(15)

Used car, boats, motors, campers, motor homes, garden equipment sales and service;

(16)

Any principal use allowed in the GI district;

(17)

Restaurants, including fast food;

(18)

Day care centers;

(19)

Store and lock; and

(20)

Churches.

(Ord. No. 369, § 15.448(5.114(3)), 6-26-1981; Ord. No. 373, 12-18-1981; Ord. No. 395, 3-15-1983; Ord. No. 552, 5-20-1995; Ord. No. 653, 5-17-2002; Ord. No. 662, 11-13-2003)

Sec. 48-660.- Intent.

(a)

It is the intent to allow both a heavier and lighter type of industries in one industrial district. Because of the past history of neighboring communities also developing their industrial parks to accommodate even larger processes than available in the city, it is anticipated this district will not accommodate all types of industry. Also, the city has certain fire equipment limitations as to the size of buildings they can service. Other areas also have larger blocks of land more suitable with available services to handle the larger type industrial processes, which are not as close to in-place residential settings as found to exist in the city. The general goals of this use district include, among others, the following specific purposes:

(1)

To provide sufficient space, in appropriate locations, to meet the needs of the municipality's expected future economy for all types of manufacturing and related uses;

(2)

To protect abutting residential and business districts by separating them from manufacturing activities, and by prohibiting the use of such industrial areas for new residential development; and

(3)

To promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibration, smoke, odor and other objectionable influences.

(b)

Subject to the limitations and with conditions to control some historically offensive characteristics, this district is formed to accommodate lighter, cleaner industrial activity.

(Ord. No. 369, § 15.451(5.115(1)), 6-26-1981)

Sec. 48-661. - Principal uses.

No principal use of land is permitted in this GI district except the following uses, after site plan approval, as described in article II, division 3, of this chapter, by the planning commission:

(1)

Any use charged with the principal function of basic research, engineering, design and pilot or experimental product development or data processing when conducted within a completely enclosed building;

(2)

Any of the following uses when the manufacturing, compounding or processing is conducted wholly within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be totally obscured by a wall or landscaped earth berm as regulated article IX of this chapter on those sides abutting the R-1 through C-3 districts, and on any front yard abutting a public thoroughfare except as otherwise provided in article IX of this chapter:

a.

Enclosed warehousing and wholesale establishments and trucking facilities excluding store and lock facilities;

b.

The manufacture, compounding, processing, packaging or treatment of products such as, but not limited to, bakery goods, candy, cosmetics, pharmaceuticals, food products, hardware and cutlery and tool gauge and light machine shops which serve light industrial products;

c.

The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials such as, but not limited to, bone, canvas, cellophane, cloth, cork, elastomers, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood and yarns;

d.

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas;

e.

The manufacture of musical instruments, toys, novelties and metal or rubber stamps, or other molded rubber products;

f.

The manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs;

g.

Laboratories, experimental, film or testing;

h.

Manufacturing and repair of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like;

i.

Central dry cleaning plants or laundries, provided that such plants shall not deal directly with consumer at retail; and

j.

Private utilities, including buildings, necessary structures, storage yards and other related uses;

(3)

Warehouse, storage and transfer and electric or gas service buildings and yards; railroad transfer and storage tracks; railroad rights-of-way;

(4)

Storage facilities for building materials, sand, gravel, stone, lumber and storage of contractor's equipment and supplies, provided such is enclosed within a building or within an obscuring wall, earth berm or fence on those sides abutting all R-1 through C-3 districts, and on any yard abutting a public thoroughfare; and

(5)

Any use described below, provided all activities and materials are in enclosed buildings and no outdoor storage is allowed, except vehicles:

a.

Enclosed service and repair shops, except vehicular repair;

b.

Machinery and transportation equipment sales and service;

c.

Freight or trucking terminals; and

d.

Other light industrial use upon the finding by the planning commission that such use is of the same general character as those permitted and which will not be detrimental to the other uses within the district or to the adjoining land uses.

(6)

Motion picture and broadcasting or recording studios.

(Ord. No. 369, § 15.452(5.115(2)), 6-26-1981; Ord. No. 653, 5-17-2002; Ord. No. 740, § 3, 11-1-2011)

Sec. 48-662. - Special permit uses.

Subject to article II, division 2, and any specific land use sections applicable, the following uses may be permitted:

(1)

Agricultural food processing and warehousing;

(2)

Furniture/carpentry;

(3)

Construction shops storage and service;

(4)

Engine and body repair and undercoating shops when completely enclosed;

(5)

Lumber and planing mills when completely enclosed; and

(6)

Multiuse inside self-storage facilities.

(Ord. No. 369, § 15.453(5.115(3)), 6-26-1981; Ord. No. 688, § 2, 6-6-2006)

Sec. 48-683.- Scope, intent and purpose.

This district is designed to provide the most flexible district land uses. It contemplates a mixture of any one of the land uses mentioned in this chapter. Because of the wide variety of uses which might be allowed, the potential for conflict with adjacent land uses is much greater. Therefore, it is the intent that the planning commission and city council may exercise a great deal of discretion in granting a special use permit for the mixed uses, keeping in mind the general spirit and intent in allowing a use or setting conditions.

(Ord. No. 369, § 15.456(5.116(1)), 6-26-1981)

Sec. 48-684. - Principal uses allowed.

Principal uses allowed in a PUD district are: None.

(Ord. No. 369, § 15.457(5.116(2)), 6-26-1981)

Sec. 48-685. - Special permit uses.

Any use mentioned in this chapter may be permitted, subject to the regulations of article II, division 2, and article II, division 4, relating to site plan review standards.

(Ord. No. 369, § 15.458(5.116(3)), 6-26-1981)

Sec. 48-714.- Scope, purpose and intent.

This PURD planned unit residential development district, like the PUD district described in division 15, shall allow a flexibility of land uses found in several districts, but it shall exclude all nonresidential uses. The district should have less opportunity of conflict with adjacent lands than a PUD district because of its strictly residential character. However, it is still the intent, in allowing a mixture of residential uses, that they not be allowed in districts R-1 and R-2 because they already contemplate a heavier residential density and are located in substantially developed areas which do not have significant environmental or natural resource conditions unique to the areas. Also, certain residential uses do not easily fit into the typical single-family residential area. For this reason, they are identified in the SUD district because of their unique nature as convalescent homes, day care centers, sanitariums, hospitals and mobile home parks.

(Ord. No. 369, § 15.461(5.117(1)), 6-26-1981)

Sec. 48-715. - Principal uses allowed.

Principal used allowed in a PURD district are: None.

(Ord. No. 369, § 15.462(5.117(2)), 6-26-1981)

Sec. 48-716. - Special permit uses.

(a)

Subject to article II, division 2, and article II, division 4, relating to site plan review standards, and specific provisions applicable to the specific land use, all residential uses allowed in the residential districts, except residential uses allowed in article III, division 17, may be allowed in the PURD.

(b)

A use permitted under this district may not be located in an R-1 or R-2 district.

(c)

All planned residential developments shall comply with all applicable provisions of this Code, except those provisions which the planning commission shall find from competent evidence are not applicable to a particular planned residential development.

(Ord. No. 369, § 15.463(5.117(3)), 6-26-1981)

Sec. 48-746.- Scope, purpose and intent.

Because of the unusual nature of a number of land uses, and the special considerations to be given them as they impact on adjoining land uses, or because the use will not often be found, this special district is created so each proposal can be weighted individually in regard to its size, location, public services required, fitness of the parcel, impact on neighboring uses, streets, traffic generated and effect on natural resources.

(Ord. No. 369, § 15.466(5.118(1)), 6-26-1981)

Sec. 48-747. - Principal uses allowed.

Principal uses allowed in a SUD district are: None.

(Ord. No. 369, § 15.467(5.118(2)), 6-26-1981)

Sec. 48-748. - Special uses permitted.

Subject to article II, division 2, and article II, division 4, relating to site plan review standards, and specific provisions applicable to the specific land use, the following uses may be allowed in the SUD district:

(1)

Private and public schools;

(2)

Churches;

(3)

Hospitals and sanitariums;

(4)

Convalescent and nursing homes;

(5)

Mobile home parks;

(6)

Private or institutional noncommercial recreation or community centers;

(7)

Day care centers and nurseries;

(8)

Private clubs, lodges, fraternal organizations;

(9)

Social or recreational buildings (nonmunicipal) except those the chief activity of which is carried on or is customarily carried on for gain;

(10)

Light industrial uses and general offices when the district is part of or adjacent to the county airport and such uses are enclosed in a building with no outside storage, except accessory vehicles, and upon finding by the planning commission that the use will not be detrimental to other uses in the district or to adjacent land use;

(11)

Greenhouse with flower shop;

(12)

Nonconforming single-family residential uses, structures and lots;

(13)

Funeral homes; and

(14)

Cemeteries.

(Ord. No. 369, § 15.468(5.118(3)), 6-26-1981; Ord. No. 439, 7-1-1986; Ord. No. 511, 7-2-1992; Ord. No. 544, 10-21-1994; Ord. No. 602, 8-18-1998; Ord. No. 653, 5-17-2002; Ord. No. 657, 3-14-2003)

Sec. 48-749. - Special conditions.

(a)

Hazardous areas must be adequately fenced to avoid accidents, including such areas as public utility substations.

(b)

Any permitted nonresidential structure preferably should be located outside of a residential district.

(c)

If possible, all permitted nonresidential uses should front on a major street (minor arterial or collector).

(d)

Motor vehicle entrance and exit should be made on a major street to avoid the impact of traffic generated by the nonresidential use upon the residential area.

(e)

Site locations should be chosen which offer natural or manmade barriers that would lessen the effect of the intrusion of a nonresidential use into a residential area.

(f)

Nonresidential uses should not be located so as to cause costly public improvements.

(Ord. No. 369, § 15.469(5.118(4)), 6-26-1981)

Sec. 48-750. - Special conditions for mobile home parks.

(a)

Mobile home parks should avoid the following sites:

(1)

Near expanding single-family development or areas well-suited for such; and

(2)

On streets with anticipated major commercial or multifamily residential.

(b)

Suitable locations include areas which have the following assets:

(1)

On major collection streets, or immediately adjacent thereto; and

(2)

Where public improvements and utilities are in place, and there will not be any required public outlay for improvements due to the location of such park.

(c)

The granting of approval of special uses for mobile home or trailer parks shall be restricted and conditioned upon the following:

(1)

No unusual hazards to life or property affecting convenient and efficient operation of fire emergency vehicles shall be caused by location of roads or structures.

(2)

No structures shall be located to restrict the access to sunlight or air, or to create a nuisance by reason of excessive motor vehicles or pedestrian traffic.

(3)

No hazards or disturbing influences shall affect the neighboring uses by the emission of electrical discharge, dust, lights, vibration or noise.

(4)

The design and construction shall be harmonious and appropriate in appearance with the general vicinity and such use will not detract from the essential character of the area.

(Ord. No. 369, § 15.470(5.118(5)), 6-26-1981)

Sec. 48-769.- Purpose.

The purpose of the CCD conservation cluster development district is to preserve the city's important natural features while permitting a reasonable use of the land consistent with the master land use plan. The provisions set forth encourage innovative housing developments through permanent dedication of open space and flexibility in individual lot area requirements. By grouping dwellings on a limited portion of a development property, the resulting effect is the preservation of much of the rural lands and natural features. Development carried out in accordance with this division is intended to retain and enhance the rural character found in the city.

(Ord. No. 653, § 15.476(5.120(1)), 5-17-2002)

Sec. 48-770. - Permitted uses.

A CCD may include the following land uses:

(1)

Single-family residential dwellings with a minimum of 1,000 square feet of living area per dwelling unit;

(2)

State licensed residential facilities as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206) with a minimum of 1,000 square feet of living area per dwelling unit;

(3)

Accessory building as defined in section 48-1081;

(4)

Recreational land uses; and

(5)

Common open space.

(Ord. No. 653, § 15.477(5.120(2)), 5-17-2002)

Sec. 48-771. - Minimum parcel area.

All parcels of five acres or more in area within the R-3, R-4, R-5, PUD, PURD, REC and CR6 zoning districts shall be developed in accordance with this division.

(Ord. No. 653, § 15.478(5.120(3)), 5-17-2002)

Sec. 48-772. - General approval standards.

In addition to the specific standards set forth elsewhere in this division, the city shall evaluate each CCD application in accordance with the general approval standards for site plan approval set forth in section 48-121.

(Ord. No. 653, § 15.479(5.120(4)), 5-17-2002)

Sec. 48-773. - Dimensional standards.

(a)

The following minimum dimensional standards shall apply to residential parcels and site condominium units in a CCD:

Setback standards
Front yard 25 feet
Side yard 8 feet
Rear yard 30 feet
Lot or parcel width area
Minimum lot area 9,000 square feet
Minimum lot frontage 75 feet

 

(b)

Common open space as defined in this chapter may not constitute less than 40 percent of the adjusted parcel acreage.

(Ord. No. 653, § 15.480(5.120(5)), 5-17-2002)

Sec. 48-774. - Ownership and control.

A proposed CCD shall be under single ownership or control. The applicant shall provide documentation of ownership or control in a form acceptable to the city.

(Ord. No. 653, § 15.481(5.120(6)), 5-17-2002)

Sec. 48-775. - Density standards.

(a)

Except as provided in section 48-638, the total number of residential dwelling units permitted in a conservation cluster development shall be 125 percent of the base density. The base density shall be determined by the following formula:

(1)

The total area of the primary conservation area on the site (if any) shall be subtracted from the gross area of the site to determine the adjusted parcel acreage.

(2)

The adjusted parcel acreage shall be multiplied by 85 percent to account for rights-of-way, drainage facilities and similar facilities.

(3)

The resulting product shall be divided by the minimum lot area for the underlying zoning district, rounded to the nearest whole number.

(b)

In the event the parcel includes more than one underlying zoning district, the calculation set of 40 percent in this section shall be applied to the portion of the site lying in each zoning district and the result for all districts shall be summed.

(Ord. No. 653, § 15.482(5.120(7)), 5-17-2002)

Sec. 48-776. - Added open space and density.

At the applicant's option, and in accordance with the other controlling portions of this chapter, the density of a CCD may be increased up to 130 percent of the base density, providing additional open space is provided. For each two percentage points the open space exceeds the minimum of 40 percent as set forth in subsection 48-773(b), the density may be increased by one percentage point above the base density.

(Ord. No. 653, § 15.483(5.120(8)), 5-17-2002)

Sec. 48-777. - Rural and scenic easement.

A rural and scenic easement shall be incorporated into a CCD consisting of a natural area at least 50 feet in depth provided parallel to and abutting any existing public road and including sufficient native vegetation to screen views into the development from off the site. Such rural and scenic easement may be included in the required common open space.

(Ord. No. 653, § 15.484(5.120(9)), 5-17-2002)

Sec. 48-778. - Public water and sewer.

A CCD shall be served with public water and sewer service or a licensed and approved community system.

(Ord. No. 653, § 15.485(5.120(10)), 5-17-2002)

Sec. 48-779. - Conservation cluster development review process.

The following steps shall be completed to implement a conservation cluster development:

(1)

Prior to implementing a conservation cluster design project, applicants shall conduct a preliminary development review with the city zoning administrator. The purpose of this review will be for the applicant and the city to discuss the nature of the site and the development and to reach a consensus about the potential of the site for use as a conservation cluster development and to advise the city of the applicant's intent to proceed.

(2)

An applicant interested in undertaking a conservation cluster development shall complete a site analysis and prepare a detailed site inventory. This shall include an analysis of nature soils, water features, wetlands, topography, vegetation, wildlife, views, endangered species, easements and rights-of-way, historic or cultural resources, steep slopes and other features. The applicant will rate and rank each feature in terms of its importance to preserving the overall character of the city and its rural character. This site analysis will be illustrated on a topographic survey of the site prepared by a licensed surveyor. The site analysis shall illustrate the topography of the site with not greater than two-foot contour intervals, all important woodlands, slopes, water bodies, wetlands and other features.

(3)

Based on the site analysis, the applicant shall identify the primary conservation areas as defined herein. The total area within the primary conservation areas shall be determined. Secondary conservation areas shall be identified in order of their importance to the protection of the overall natural features of the site and its immediate vicinity. As a general guideline, the following is a listing of potentially important secondary conservation areas:

a.

Riparian forests and woodlands, as defined in said plan;

b.

Nonwooded shoreline and stream corridors;

c.

Mature forests forming an integral part of a larger wooded area;

d.

Isolated farmland woodlots;

e.

Prominent meadows and hillsides;

f.

Historic sites; and

g.

Prime and/or unique farmlands.

(4)

Secondary conservation areas may not constitute less than 40 percent of the adjusted parcel acreage. The applicant shall calculate the base density for the proposed development in accordance with the provisions of this chapter. Manmade water features such as ponds and retention basins may not constitute more than 50 percent of the required 40 percent conservation areas. All such manmade water features, as well as existing water features will be designed with best management practice criteria including the planting/preservation of buffer strips around the edges of ponds to trap fertilizer runoff, and the installation of pond aerators.

(5)

Potential building sites shall be identified in areas outside of the primary or secondary conservation areas. The number of the potential building sites shall not exceed the permitted density determined in accordance with this chapter. The potential building sites shall be illustrated as an overlay on the site analysis.

(6)

The roadway and trail system to serve the potential building sites shall be established. The roadway system shall comply with the terms of this chapter and the city's private road standards. The roadway system shall be illustrated as a further overlay on the site analysis. To the greatest extent possible, the roadway system shall be configured in a continuous network with dead-ends and culs-de-sac minimized.

(7)

The lot or condominium lines shall be illustrated for each building site. These shall be reflected on an overlay on the site analysis. The dimensional requirements of this chapter shall be met in the layout of the lot lines.

(8)

A preliminary site plan shall be prepared which shall illustrate the proposed project layout including the primary and secondary conservation areas, other common open space, scenic easements, trails, building sites, roadway system, lot or condominium lines. In addition, a project phasing plan shall be prepared, if applicable, indicating the approximate time frame for each phase of the development. The preliminary site plan shall meet the standards of article II, division 3, of this chapter. The preliminary site plan shall include a detailed narrative description of the site analysis and the management plan for the perpetual preservation of the common open space proposed.

(9)

The preliminary site plan and the site analysis with all overlays shall be presented to the zoning administrator for review and comment. Within 30 days of submission of all required information, the zoning administrator shall provide written comments on the preliminary site plan. Based on the comments of the zoning administrator, the applicant may make needed adjustments to the preliminary site plan and prepare a final site plan as directed by the zoning administrator or seek an advisory judgment from the planning commission on any issues in dispute prior to preparing a final site plan. When the final site plan is prepared, it shall be submitted for planning commission and city council review and approval in accord with article II, division 3, of this chapter, special use provisions.

(Ord. No. 653, § 15.486(5.120(11)), 5-17-2002; Ord. No. 717, § 2, 10-6-2009)

Sec. 48-780. - Use of open space.

Further subdivision of open space lands, or their use for other than recreation or conservation by the site owners, shall be prohibited. Pedestrian access points to open space are encouraged between rows of six or more lots or condominium units. Access points, where provided, must be of common ownership and shall be at least ten feet in width; provided, however, that access may be limited in areas of sensitive environmental features or wildlife habitat with the approval of the planning commission.

(Ord. No. 653, § 15.487(5.120(12)), 5-17-2002)

Sec. 48-781. - Waterway buffering.

All dwellings and accessory structures shall be located at least 50 feet from any lakes, ponds, rivers and streams. Only with approval of the planning commission and city council may a roadway be placed within this buffer area, and efforts should be made to eliminate any encroachment, when possible.

(Ord. No. 653, § 15.488(5.120(13)), 5-17-2002)

Sec. 48-782. - Preservation of common open space.

The applicant and all subsequent owners shall establish, register and maintain a viable legal entity which may be a homeowners' association, a condominium association or other organization acceptable to the city which shall assume responsibility for the preservation of common open space. Common open space shall be set aside by the applicant through an irrevocable conveyance to said entity through a deed, master deed, irrevocable conservation easement or other form of conveyance acceptable to the city. All forms of ownership intended to protect common open space within a conservation cluster development shall be subject to the review of the city attorney.

(Ord. No. 653, § 15.489(5.120(14)), 5-17-2002)

Sec. 48-783. - General development standards.

The following standards shall be observed in the preparation of a conservation cluster development:

(1)

Siting. Dwelling units shall be carefully sited and designed to screen homes from off-site vantage points, and away from environmentally sensitive areas, existing agricultural uses and areas subject to land management practices that will cause dust, noise, smoke, odors or similar problems.

(2)

Stormwater. A conservation cluster development shall meet the requirements of the county drain commissioner.

(3)

Prior to construction. All required approvals shall be completed prior to the start of any construction, as required by this chapter.

(4)

Performance guarantees. The city may require the posting of a performance bond or irrevocable letter of credit to assure the completion of the proposed conservation cluster.

(Ord. No. 653, § 15.490(5.120(15)), 5-17-2002)

Sec. 48-805.- Schedule limiting height, bulk, density and area by zoning district.

For an explanation of the schedule, see footnotes in section 48-806.

Zoning
District
Minimum Lot Area Maximum Height of
Structure
Minimum Yard Setback (j),(a)
(Per Lot In Front)
Minimum Floor Area Per Unit (Sq. Ft.) Maximum of Lot Area Covered By All
Buildings
Area (Square Feet) Width (Feet) In
Stories
In Feet (f)
Front
SIDES Rear
Least One Total Of Two
R-1 Single-Family 7,200 60 2 30 25 6 16 30 768/1-Story 30%
1250/2-Story
R-2 Single-Family 9,000 75 2 30 25 7 17 35 768/1-Story 30%
1250/2-Story
R-3 Single-Family 12,000 100 2 30 30 8 18 40 1000/1-Story 30%
1660/2-Story
R-4 Single-Family 16,000 120 2 30 40 10 25 50 1200/1-Story 25%
1900/2-Story
R-5 Single-Family (a), (i) 1 AC (i) 190 2 30 40 25 50 60 1000/1-Story 15%
1660/2-Story
CR-6 Clustered Res. (b) 2 AC 200 2 30 40 8 20 40 1000/1-Story 30%
1660/2-Story
AR-7 Apartments (c), (h) 2 AC 200 2 30 40 25 50 40 EFF-360
1 BR-500
2 BR-700
3 BR-900
4 BR—1000
30%
AR-8 Apartments (d), (h) 2AC 200 4 45 40 25 50 40
AG Agricultural

(j), (k)
5 AC 200 2 30 40 25 50 60 Same as R-3 for Residential. 10%
REC Recreational (k) 2 AC 200 2 30 40 25 50 60 Same as R-3 for Residential. 10%
PO Professional Office 12,000 100 2 30 25 10 30 25 35%
GO General Office 12,000 100 2 30 25 10 20 25 35%
C-1 Neighborhood Comm. (e) 12,000 100 2 30 25 10 20 25 35%
C-2 General Retail 16,000 150 2 30 25 10 30 25 35%
C-3 Major Commercial 20,000 200 2 30 25 10 30 25 35%
GI General Industrial 20,000 150 2 50 45 20 40 25 50%
PURD Planned Res. Dev. (j) 5 AC 2 30 25 25%
PUD Planned Unit Dev. (j) 0 AC 2 30 25%
SUD
Special Use
Dev. (j), (g)

 

(Ord. No. 369, art 8, 6-26-1981; Ord. No. 831, § 1, 3-1-2022)

Sec. 48-806. - Footnotes to schedule of regulations.

(a)

In the case of corner lots, the designated side yard abutting a street shall be equal in depth to the front yard setback requirements for the district, except where the adjoining lot on the side street has an existing dwelling, the front yard setback need not be greater than established by the existing dwelling, but in no case shall the setback be reduced to less than 20 feet.

(b)

Excepting R-1 through R-5 districts, minimum side and rear yard requirements shall not be less than 50 feet, plus one foot for each one foot in height of the building over 25 feet, when adjacent to an R-1 through R-5 residential district. In an R-5 district, there shall be a minimum lot depth of not less than 200 feet.

(c)

Minimum yard width and area requirements may deviate not more than ten percent for approved subdivisions, provided the listed minimum lot sizes are met on an average, and further provided the allowed deviation will not result in the creation of an attendant increase in the number of lots.

(d)

In the CR-6 district, the overall permitted density for cluster development shall not exceed four units per acre. The maximum number of dwellings in a cluster shall be subject to review by the planning commission, except that in no case shall a cluster contain more than six dwellings. Each cluster of one-family dwellings shall be separated from any other cluster of one-family dwellings, and each detached dwelling shall be separated from another detached dwelling as provided in article III, division 4, of this chapter.

(e)

In the AR-7 district, the overall permitted density shall not exceed 12 units per acre. The total number of dwelling units in any one building shall not exceed 12 per story. Individual buildings shall maintain a minimum distance of 35 feet between buildings.

(f)

In the AR-8 district, the overall permitted density shall not exceed 18 units per acre. The total number of dwelling units in any one building shall not exceed 12 per story. Individual buildings shall maintain a minimum distance of 35 feet between buildings. When either building exceeds a height of 25 feet, the minimum distance between buildings shall be equal to the height of the highest of the opposing buildings plus ten feet.

(g)

In the C-1 district, no single business shall have a retail floor space in excess of 6,000 feet.

(h)

For residential lots with lake frontage, the lake side shall be considered the front yard, and the setback is established in section 48-914.

(i)

Mobile home trailer parks shall have a minimum of 20 acres.

(j)

The ratio of efficiency apartments to other types in any apartment development shall not exceed a ratio of one efficiency to six regular apartments.

(k)

Farms on those parcels of land separately owned outside the boundaries of a subdivision shall have not less than two acres for raising of farm animals, subject to the conditions found in section 48-1150.

(l)

Private stables as an accessory use for not more than one horse on a lot not less than two acres in area and provided further that for each additional horse stabled thereon, one additional acre of land shall be provided. Horses shall not be pastured, fenced or penned within 200 feet of an adjacent dwelling, and shall be subject to the conditions found in section 48-1150.

(m)

Specific setbacks, greenbelts, berms, buffers or other conditions shall be set by the planning commission. Any requirements contained in the special use permit described in article II, division 2, of this chapter, or the site plan review procedures described in article II, division 3, of this chapter, may be waived if the goals set forth in this chapter, as well as the spirit and intent, can be achieved without the specific requirement.

(n)

Single-family residential dwellings may be located on any lot meeting the standards for an R-5 residential district as found in the schedule of regulations in article III, division 19, of this chapter.

(Ord. No. 369, § 15.590, 6-26-1981; Ord. No. 373, 12-18-1981)