The planned unit residential (PURD) district is intended and designed to provide a means for the development of large tracts of land on a unified design basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this ordinance. It is the intent of this section that the basic principles of good land use planning, including an orderly and graded relationship between various type of uses, be maintained and that the sound zoning standards as set forth in this ordinance and statutes concerning population density, adequate light and air, recreation and open space, parking and building coverage, be preserved.

The planned unit residential (PURD) district is a designation, with reverter, superimposing the regulations of this development upon the district without changing the fundamental intent of the underlying district regulations, especially in relation to population and dwelling unit densities and useable floor area to land area ratios, while modifying these and other regulations in specific application to a large area rather than to an individual lot.

(Ord. No. 2469, 6-24-25)

The owner of any tract of land may initiate the procedure provided by this section of the zoning ordinance by petition to the City Council. Such petition, in addition to any other purpose, is for a zoning amendment as outlined in Article 1 of this ordinance.

The initiating petition shall state, as specifically as may be feasible at the time, the primary provisions of the ordinance from which the petitioner may be seeking amendment, and shall state the reasons they believe the intent of the ordinance can be better accomplished by such exception or modification. The petition may include plan maps, drawings and other graphic illustrative material, as well as written documentation, that in the opinion of the petitioner bear significant relationship to the health, safety and general welfare of the citizens of the City and the potential occupants of the proposed planned unit residential district development.

As required by Act No. 33 of the Public Acts of Michigan of 2008, as amended, the petition will be referred to the Planning Commission.

The procedure then will follow steps appropriately similar to, and the steps may be taken concurrently with, the steps required by the subdivision regulations of the City. In addition to data submittals required by Ordinance No. 1528, the Subdivision Ordinance, the Planning Commission may call for additional significant data such as: economic analyses and market studies of various housing types, soil surveys, and tabulated representation of gross and net areas.

If the petitioner desires the assurance of tentative official sanction of some basic aspects of the proposed PURD plan prior to the Planning Commission recommendation of the complete PURD planning and zoning amendment documents (see section VI.J of the Subdivision Ordinance), and such basic aspects are of a nature that they can be reduced to zoning ordinances amendment language, the Planning Commission may recommend such amendments. The effective date of such amendment must be so stated that such amendment will not be operative until subsequent to the effective date of appropriate complete PURD amendments.

(Ord. No. 2469, 6-24-25)

A.    A PURD may be applied for in any zone district. The approval of a PURD application shall require rezoning by way of amendment of this chapter based upon a recommendation of the Planning Commission and approval of the City Council.

B.    Any land use authorized in this chapter may be included in a PURD, subject to adequate public health, safety, and welfare protection mechanisms being designed into the development to ensure the compatibility of varied land uses both within and outside the development.

C.    The applicant for a PURD must demonstrate all of the following criteria as a condition to being entitled to PURD treatment:

1.    Granting of the PURD will result in one of the following:

a.    A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PURD regulations; or

b.    A nonconforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.

2.    The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, streets and utilities.

3.    The proposed development shall be consistent with the public health, safety and welfare of the City.

4.    The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

5.    The proposed development shall be under single ownership and/or control such that there is a single entity having responsibility for completing the project in conformity with this chapter.

6.    The proposed development shall be consistent with the goals and policies of the City of Pontiac Master Plan.

7.    If in a historic district or related to a Historic Building, the development and/or buildings must adhere to the City’s Historic District Regulations.

The land uses, minimum lot area, open space, height, and accessory uses shall be determined by the requirements set out below, which shall prevail over conflicting requirements of this ordinance.

D.    Permitted uses. The buildings shall be used for residential purposes and customarily incidental accessory uses; noncommercial recreational facilities, community activities including churches and schools, and similar ancillary uses. Further, the land uses shall be composed of such combination of types of dwelling or other activities as shall be authorized by the Planning Commission, but the Planning Commission shall authorize only those types of dwelling and other activities and structures as will:

1.    Form a compatible and harmonious community group or groups;

2.    Conform to comprehensive planning of the City;

3.    Be suited to the capacity of existing and proposed community utilities and facilities;

4.    Be capable of a unitary design consistent with the protection of public health, safety and welfare, in general;

5.    Afford reasonable protection to the permissible uses of immediately adjacent properties surrounding the site.

    If, in the opinion of the Planning Commission, reasons can be shown to indicate commercial, industrial or other nonresidential uses may be appropriate in, or adjacent to, the area being considered for a PURD amendment, the Planning Commission may consider, separately from, but concurrently with their consideration of a PURD proposed amendment, proposed zoning amendment to permit such other nonresidential uses as the Planning Commission finds to be either:

a.    Designed to serve primarily the residents of the residential PURD and limited to the extent that like nonresidential uses are not available in convenient proximity; or

b.    A use designed to serve the entire City but whose locational determinants require the facility to be located in the PURD; but in either case the use must be found by the Planning Commission to be fully and compatibly incorporated into the unitary design of the residential PURD.

E.    Required open space and height requirements. The required open space and height requirements of the zoning district in which the PURD is located may not apply except the required open space specified in the district shall be provided around the boundaries of the area zoned PURD.

F.    Perimeter uses. Uses along the PURD zone boundary lines shall not be in conflict with those allowed in adjoining or opposite property. To this end the Planning Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the zone.

(Ord. No. 2469, 6-24-25)

A.    Preapplication meeting. Prior to the submission of an application for PURD approval, the applicant shall meet with the Zoning Manager, together with any staff and consultants the Zoning Manager deems appropriate. The applicant shall present at such meeting, or meetings, a sketch plan of the proposed PURD, as well as the following information: total number of acres in the project; a statement of the number of residential units, if any; the number and type of nonresidential uses; the number of acres to be occupied by each type of use; the known deviations from ordinance regulations to be sought; and the number of acres to be preserved as open or recreational space.

B.    PURD preliminary plan. Following the preapplication meeting, the applicant shall submit a preliminary site plan of the proposed PURD. The preliminary site plan shall be prepared in accordance with the standards set forth in Article 6, Chapter 2, Site Plan Review. A narrative report prepared by the applicant shall accompany the site plan providing a description of the project, discussing the market concept and feasibility of the project, and explaining the manner in which the criteria set forth in Section 3.103 have been met.

1.    PURD preliminary plan. A preliminary plan for the PURD that contains all of the following information shall be submitted for Planning Commission review:

a.    A conceptual plan for the development, drawn to an engineer’s scale of not less than one inch equals 50 feet for property less than three acres, or one inch equals 100 feet for property three acres or more in size, that includes all of the following:

i.    Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions;

ii.    Scale and north-point;

iii.    Location map drawn to a separate scale;

iv.    Legal description of property;

v.    Zoning classification of site and all abutting parcels;

vi.    Net acreage (minus rights-of-way) and total acreage;

vii.    Existing lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site;

viii.    Proposed lot lines, lot dimensions, property lines, setback dimensions and other improvements;

ix.    Location and height of all proposed buildings or structures;

x.    Location of existing and proposed roads, driveways, parking lots, sidewalks and pathways on or within 250 feet of site;

xi.    Proposed off-street parking lots and number of spaces;

xii.    Conceptual landscape plan;

xiii.    The general location of existing plant material;

xiv.    Location of existing drainage courses, floodplains, rivers and MDEQ-regulated wetlands;

xv.    Location of existing and proposed sanitary sewers;

xvi.    Location of existing and proposed water mains;

xvii.    Stormwater retention and detention pond locations and existing or proposed storm sewers;

xviii.    Number and location of residential units;

xix.    Density calculations by type of residential unit; and

xx.    Location and size of recreation and open space areas.

b.    A parallel plan or alternative conventional development plan showing the development possible based on the current zoning district standards; this plan will be used to determine density and dimensional standards permitted in the PURD.

c.    Documentation indicating how the criteria for qualification for a PURD have been met.

d.    A table which details all deviations from the established zoning district uses; area, height and setback requirements; off-street parking regulations; general provisions; or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PURD article; this table shall clearly identify the allowed regulation in comparison to the requested deviation.

e.    Any additional information requested by the Planning Commission to better assist in the determination of PURD qualification such as, but not limited to: market studies, fiscal impact analysis, traffic impact studies, and environmental impact assessments.

2.    Draft PURD agreement. The applicant shall submit a draft PURD agreement for review and recommendation by the Planning Commission after review by the City Attorney. The agreement shall provide:

a.    A survey of the acreage comprising the proposed development.

b.    The manner of ownership of the developed land.

c.    The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space.

d.    Provision assuring that open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose; the City may require conveyances or other documents to be placed in escrow to accomplish this.

e.    Satisfactory provisions have been made to provide for the future financing of any improvements shown on the plan for site improvements, open space areas and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the Planning Commission.

f.    The cost of installing, improving and maintaining streets and the necessary utilities has been assured by a means satisfactory to the Planning Commission.

g.    Provisions to ensure adequate protection of natural features.

h.    The PURD site plan shall be incorporated by reference and attached as an exhibit.

i.    For any public infrastructure within the development, the outline of installation, maintenance and ownership of said infrastructure.

3.    Planning Commission action.

a.    PURD preliminary plan. The preliminary plan shall be noticed for public hearing scheduled in accordance with the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended) before the Planning Commission. A sign should be placed on any frontage in accordance with the standards of Article 6, Chapter 9, to follow any Zoning Map Amendment procedure. The Planning Commission shall review the PURD preliminary plan in consideration of public hearing comments, technical reviews from City staff, correspondence from applicable review agencies and compliance with the standards of this article and other applicable standards and requirements of this chapter. The Planning Commission shall recommend approval, approval with conditions or denial of the PURD request to the City Council. The recommendation shall be based on the following:

i.    Whether the proposal provides the recognizable benefits of the PUD;

ii.    Promotes the land use goals and objectives of the City or the master plan;

iii.    Whether all applicable provisions of this article and this chapter shall be met;

iv.    Whether eligibility criteria of Section 3.103(C) are met;

v.    Whether there are, or will be at the time of development, adequate facilities to accommodate the sanitary sewage, stormwater, solid waste, water supply needs and traffic generated by the proposed project; and

vi.    Whether the project successfully provides a transition between higher and lower density uses and/or between nonresidential and residential uses.

b.    PURD draft agreement. If the Planning Commission recommends approval of the PURD preliminary plan, the Planning Commission shall forward the draft agreement and preliminary plan to the City Council for review in accordance with subsection C of this section.

C.    City Council review of PURD overlay zoning, PURD preliminary plan and PURD agreement. Following receipt of a recommendation from the Planning Commission on the PURD overlay zoning, PURD preliminary plan and draft PUD agreement, the City Council shall review the preliminary plan and PUD agreement and either approve, deny, or approve with a list of conditions made part of the approval.

D.    Conditions. In accordance with the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended), reasonable conditions may be required with the approval of a PURD for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources, ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner, and furthering the implementation of the City of Pontiac Master Plan. Conditions attached shall be included in the PURD agreement.

E.    Time limits for PURD preliminary plan approval. Approval of the PURD preliminary plan by the City Council shall confer upon the owner the right to proceed through the subsequent planning phase for a period not to exceed two years from date of approval. If application for final site plan approval for the PURD or a phase of the PURD is not requested within this time period, the PURD preliminary plan approval shall automatically become null and void and all rights thereunder shall terminate. The City Council may for good cause extend the period up to an additional two years, if requested in writing by the applicant prior to the expiration date. Upon expiration of a PURD preliminary plan, the City Council may direct the Planning Commission to conduct a public hearing and make a recommendation to remove the PURD overlay district.

F.    Final approval of site plan by Planning Commission.

1.    Following PURD preliminary plan approval, a final site plan for the PURD or individual phases of the PURD shall be submitted in accordance with Article 6, Chapter 2, Site Plan Review.

2.    All site plans subsequently submitted shall conform with the PURD preliminary plan, all conditions attached to preliminary approval, the PURD agreement and the requirements of this ordinance. Where the Planning Commission determines that changes to the final site plan significantly deviate from the PURD preliminary plan and constitute a major amendment defined in Section 3.108(B), the Planning Commission shall conduct another public hearing and review the plan as an amended resubmission of the PURD preliminary plan under the requirements of this article.

(Ord. No. 2469, 6-24-25)

A.    Residential design standards.

1.    Project density shall be based on the density permitted in the zone district in which the property is situated immediately prior to classification under this article. Additional density for residential uses is permitted, subject to approval recommendation by the Planning Commission and approval by the City Council. The approved density shall be based upon a demonstration by the applicant of the following:

a.    Consistency with the Master Plan;

b.    Innovative planning and design excellence;

c.    Relationship to adjacent land uses;

d.    Pedestrian and/or vehicular safety provisions;

e.    Aesthetic beauty;

f.    Provisions for the users of the project; and

g.    Demonstration that the resulting benefits would otherwise be unlikely to be achieved without the PURD application.

h.    Historical District guidelines, if applicable.

i.    For properties larger than three acres, the ability to dedicate green or open space for active use or the conservation of existing natural features.

B.    Nonresidential design standards.

1.    Nonresidential uses may be permitted in combination with other nonresidential uses or as part of a common development with residential uses.

2.    Historical District guidelines, if applicable.

3.    The nonresidential uses, including parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles.

C.    General design standards.

1.    Deviations from the applicable setbacks, parking and loading, general provisions, and other requirements may be granted as part of the overall approval of the PURD, provided there are features or elements demonstrated by the applicant and deemed adequate by the City Council upon the recommendation of the Planning Commission designed into the project plan for the purpose of achieving the objectives of this article.

2.    There shall be a perimeter setback and berming, as found to be necessary by the City, for the purpose of buffering the development in relation to surrounding properties. Such perimeter setback shall be established at the discretion of the Planning Commission, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.

3.    Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.

4.    There shall be underground installation of utilities, including electricity and telephone, as found necessary by the City.

5.    Pedestrian walkways shall be separated from vehicular circulation, as found necessary by the City.

6.    Signage, lighting, landscaping, building materials for the exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.

7.    Where nonresidential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms, such as earthen and/or landscape berms and/or decorative walls, shall be employed. The City, in its discretion, shall review and approve the design and location of such mechanisms.

8.    The Planning Commission shall resolve all ambiguities as to applicable regulations using this chapter, the Master Plan, and other City standards or policies as a guide.

(Ord. No. 2469, 6-24-25)

The maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the underlying district or districts in which the area is located. Net development area shall be determined by subtracting that portion of lake and muck and peat area (as defined in the Subdivision Ordinance) that lies more than 200 feet from the nearest shore line or boundary of such area; and the area set aside for churches and schools or conditionally approved nonresidential uses, if any, and deducting the area actually proposed for streets from the gross development area.

The area of land set aside for common land, open space, or recreation, except as above deducted, shall be included in determining the number of dwelling units permitted and shall be determined by the district in which the development is located. The following table shall be used as a guide for the Planning Commission:

If the development area contains two or more different underlying zone district classifications, the number of dwelling units permitted, and the percentage of multiple-family dwelling units allowed, shall be determined in direct proportion to the area of each zone district classification contained in the entire tract.

(Ord. No. 2469, 6-24-25. Formerly 3.104.)

In view of the “petitioning for special exception” nature of the PURD amendment procedure, deed restrictions and covenants entered into, or proposed to be contracted for, by the developer become an appropriate consideration of the City.

The Planning Commission shall consider the manner in which this lawful contractual technique can augment lawful zoning techniques in attaining the objectives of a PURD amendment and may make their recommendations conditional upon these contractual relations between private parties. Further, the Planning Commission may recommend procedures whereby the corporate municipality permanently becomes a party in such contractual relations.

(Ord. No. 2469, 6-24-25. Formerly 3.105.)

A.    Amendments to PURD preliminary plan.

1.    Minor amendments.

a.    Minor amendments are adjustments that do not materially alter the character, layout, density, mix of uses, or public benefits of the approved development. Examples include but are not limited to:

i.    Minor shifts in building footprints or locations.

ii.    Minor increases or decreases in building floor area (less than or equal to five percent of total).

iii.    Adjustments to landscaping, lighting, signage, or building materials.

iv.    Minor realignment of internal roadways or pedestrian paths.

v.    Changes required to comply with code updates or technical corrections.

vi.    Minor adjustments to the phasing schedule that do not affect public improvements or amenities.

b.    Approval process. Minor amendments to the preliminary plan may be reviewed and approved administratively by the Planning and Zoning Manager, or their designee, with written confirmation provided to the Planning Commission and City Council for informational purposes. The applicant shall identify proposed minor amendments in the staff report submitted as part of the site plan review process.

2.    Major amendments.

a.    Major amendments are changes to the preliminary plan that materially affect the approved development’s density, land use, layout, public amenities, or financial or legal commitments in the development agreement. Examples include but are not limited to:

i.    Increase or decrease in the number of residential units or density.

ii.    Change in land use type (e.g., adding nonresidential uses to a residential project).

iii.    Significant changes to the location or size of open space or common areas.

iv.    Material changes to the approved layout, circulation, or infrastructure plan.

v.    Modification of public improvements, public land dedication, or utility service provisions.

b.    Approval process. Major amendments shall follow the same process as the original approval:

i.    Submission of an amendment application with supporting materials.

ii.    Review and recommendation by the Planning Commission, including a public hearing noticed in accordance with the Michigan Zoning Enabling Act.

iii.    Final decision by the City Council to approve, approve with conditions, or deny.

c.    Determination of amendment type. The Planning and Zoning Manager shall determine whether a proposed PURD plan amendment is minor or major. Applicants may request a written determination, and any party aggrieved by the determination may appeal to the Planning Commission, whose decision shall be final.

B.    Amendments to site plan.

1.    Minor amendments.

a.    Minor amendments to the site plan are adjustments that do not materially alter the approved layout or public benefits of the development.

b.    Approval process. Minor amendments may be reviewed and approved administratively by the Planning and Zoning Manager or their designee. Once the final site plan is approved, the Planning and Zoning Manager shall provide written confirmation of the approved change, with a copy provided to the Planning Commission for informational purposes.

2.    Major amendments.

a.    Major amendments to the site plan are changes that materially affect the approved site layout, circulation, infrastructure, or public amenities.

b.    Approval process. Major amendments shall be reviewed through the formal site plan amendment process, including review and recommendation by the Planning Commission and final decision by the City Council.

C.    Amendments to PURD agreement. Any amendment to the PURD agreement shall require Planning Commission recommendation of approval, followed by City Council approval.

D.    Effect of expiration or amendment. If a PURD preliminary plan approval expires without final site plan submission, or if the City Council revokes or modifies approval, the Planning Commission may conduct a public hearing and recommend removal of the PURD overlay district to the City Council. Any amendment, whether to the concept plan or PURD agreement, once approved, shall be incorporated into the official PURD records, and development agreement amendments shall be recorded at the Oakland County Register of Deeds.

(Ord. No. 2469, 6-24-25)

Reasonable conditions may be required with the approval of a PURD, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner.

(Ord. No. 2469, 6-24-25)

Common land areas not dedicated to the general public shall be held in corporate ownership by private owners of lots or parcels of land in the PURD area and the developer shall incorporate into the deeds of all property, or all of certain classes of property within the development, a clause giving the owners an interest in such common area(s) and indicating the use(s) to be made of the common area(s) and providing a means of permanent maintenance of common area(s). The City shall be given a fee interest in trust for the group of citizens having ownership interest in such common land area. The form of this trustee interest of the City shall be derived from Section 50 of the Plat Act, Act No. 172 of the Public Acts of Michigan of 1929, as amended (M.S.A. 26.480), and other appropriate law. Any maintenance expense or other costs incurred by the City acting in this trustee capacity shall be collected from only the group of citizens having ownership interest in such common land area.

(Ord. No. 2469, 6-24-25. Formerly 3.106.)

A.    Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of the health, safety, and welfare of the users of the PURD and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the Planning Commission.

B.    Commencement and completion of construction. To ensure completion of required improvements, the City is authorized to impose performance guaranties in accordance with Article 6, Chapter 2, Section 6.207(D), Performance Guarantee. Substantial construction shall be commenced within one year following final approval of a PURD and shall proceed substantially in conformance with the schedule set forth by the applicant, as required by Article 6, Chapter 2, Site Plan Review. If construction is not substantially commenced and continues within such time, approval of the PURD shall expire and be null and void. However, an extension for a specified period may be granted by the City Council upon good cause shown if such request is made to the City Council prior to the expiration of the initial period. Moreover, in the event approval of the PURD has expired, the City Council shall require a new application which shall be reviewed in light of then existing and applicable law and ordinance provisions.

(Ord. No. 2469, 6-24-25)

When approved, the PURD with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such authorization. Notice of adoption of the final PURD plan and conditions shall be recorded by the applicant at the Oakland County Register of Deeds.

(Ord. No. 2469, 6-24-25)

The documents will include both a zoning map amendment to specifically locate the area regulated by the PURD zoning plan and an amendment modification of the text of certain regulations of the then in force Zoning Ordinance. This amendment modifying certain regulations may be composed of written regulatory language, detailed site plans, written contractual agreements or other appropriate communication media that will specifically define the intent. All of this documentation shall have been prepared and considered in accordance with the procedure described in this PURD section. Following the recommendation of the planning commission favoring the PURD amendment, the enactment procedure shall follow Article 6, Chapter 8 of this Ordinance.

(Ord. No. 2469, 6-24-25. Formerly 3.108.)

A.    Any use permitted in R-3 multiple-family dwelling district, subject to all the regulations that apply in such district.

B.    Multiple family elevator apartments in a building having all dwelling units that are above the second story served by elevators and having not more than ten dwelling units per story per elevator.

A.    Same as R-3 multiple family dwelling district, and under the same terms and conditions.

B.    Any use customarily incidental to the permitted principal use.

Same as R-3 multiple family dwelling district, and under the same terms and conditions.

The required minimum useable floor area per dwelling unit, maximum building height (in stories), minimum area, and lot size for the R-4 multiple-family dwelling elevator apartment district shall be as set forth in this section. The minimum required setback and maximum building height (in feet) are subject to planning commission approval.

A.    The required minimum useable floor area per dwelling unit shall be as follows:

B.    The maximum building height shall be 12 stories.

C.    The minimum lot area per dwelling unit shall be as follows:

D.    The lot size shall be 150 feet in width.

The planning commission shall review and approve or reject the proposed site plans of all proposed project development, in accordance with the standards and requirements of this Ordinance.

The purpose of the MH manufactured housing residential district is to encourage a suitable environment for persons and families that by preference choose to live in a manufactured home rather than a conventional single-family structure. In keeping with the occupancy characteristics of contemporary manufactured homes, this article establishes moderately low density standards and permitted uses that reflect the needs of residents in the district. Development is limited to manufactured homes when located in a subdivision designed for that purpose or a manufactured housing park and recreation facilities, churches, schools and necessary public utility buildings.

The regulations established by state law (Michigan Public Act 96 of 1987, as amended) and the Manufactured Housing Commission Rules govern all manufactured home parks. When regulations in this chapter exceed the state law or the Manufactured Housing Commission Rules they are intended to insure that manufactured home parks meet the development and preliminary plan standards established by this Ordinance for other comparable residential development and to promote the health, safety and welfare of the City’s residents.

The following uses are permitted in MH districts:

A.    Manufactured homes.

B.    Manufactured home parks.

C.    Manufactured home subdivisions.

D.    State licensed residential facilities and family day care homes for children.

E.    Publicly owned and operated parks, playfields, playgrounds and other recreational facilities.

F.    Public, parochial or other private elementary, intermediate, and/or high schools offering courses in general education, not operated for profit.

G.    Accessory buildings and uses customarily incidental to the principal uses permitted in this section.

Certain uses defined in this section are permitted in MH districts after special approval and prior to the use of any land, building or structure or for the erection of any building or structure for such special uses. Special approval uses possess unique characteristics vis-a-vis those permitted by right in the affected zoning district. These characteristics have inherent in them a degree of incompatibility with the uses permitted by right, therefore, it is important that individual site consideration be given those proposed uses and potentially affected properties be given an opportunity to determine the suitability of the use for the particular area.

The following uses may be permitted following special exception permit approval:

A.    Religious institutions and other incidental facilities, subject to the following:

1.    The site shall be adjacent to a city major thoroughfare, and all ingress and egress shall be limited to and directly upon that thoroughfare.

2.    Buildings exceeding 25 feet in height shall be permitted, providing the front, side and rear yard setbacks are increased one foot for each foot the building exceeds 25 feet.

3.    A continuous uninterrupted obscuring screening of suitable material at least four feet in height but not more than six feet in height shall be provided along sides of the off street parking area when adjacent properties are zoned residential.

4.    A minimum of three acres shall be provided.

5.    The front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials or vehicle access drives.

B.    Public utility buildings and uses, but not including service and storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity.

C.    Nursery schools, state licensed group day care homes and day care centers (not including dormitories); provided that for each child so cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any residential district.

D.    Temporary buildings for use incidental to construction work for a period not to exceed one year.

E.    Golf courses, public or private. If a golf course is a course open to persons other than those who reside in the mobile home park, it cannot be used as part of the overall permitted density.

Manufactured home parks shall be subject to all the rules and requirements as established and regulated by Michigan law including, by way of example, Act 96 of 1987, as amended, and the Manufactured Housing Commission Rules and, in addition, shall satisfy the following minimum requirements:

A.    Flood Areas. A manufactured home shall not be placed in a designated floodway, as determined by the Michigan Department of Environmental Quality.

B.    Minimum Site Area. A manufactured housing community shall be developed with sites averaging 5,500 square feet per manufactured housing unit. The 5,500 square foot average may be reduced by twenty percent (20%) provided that each individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of the average site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space. This open space shall be in addition to that required under Rules R125.1946, R125.1941, and R125.1944, and this Chapter.

C.    Maximum Height. In the MH manufactured housing residential district, all structures shall comply with the maximum height requirements applicable in the R-1 District. Refer to Table 3. Dimension Standards.

D.    Setbacks from Perimeter Property Lines.

1.    Homes, permanent buildings and facilities, and other structures shall not be located closer than 20 feet from the property boundary line of the community.

2.    Homes, permanent buildings and facilities, or any other structures that abut a public right-of-way shall be set back at least 50 feet from the property line. If the property line runs through the center of the public road, then the 50 feet shall be measured from the road right-of-way line. This setback does not apply to internal roads dedicated for public use.

E.    Required Distances Between Homes and Other Structures.

1.    A home shall be in compliance with all of the following minimum distances, as measured from the wall/support line or foundation line, whichever provides the greater distance:

a.    Ten feet from an attached or detached structure or accessory of an adjacent home that may not be used for living purposes for the entire year.

b.    For a home sited parallel to an internal road, 15 feet from an adjacent home, including an attached structure that may be used for living purposes for the entire year if the adjacent home is sited next to the home on and parallel to the same internal road or an intersecting internal road.

c.    Ten feet from an attached or detached structure or accessory of an adjacent home that may not be used for living purposes for the entire year.

d.    Fifty feet from permanent community-owned structures, such as clubhouses or maintenance and storage facilities.

e.    One hundred feet from a baseball or softball field.

f.    Twenty-five feet from the fence of a swimming pool.

2.    Attached or detached structures or accessories that may not be used for living purposes for the entire year shall be a minimum distance of 10 feet from an adjacent home or its adjacent attached or detached structures.

3.    Any part of a home or an accessory structure, such as steps, porches, supported or unsupported awnings decks, carports or garages, or similar structures shall be set back the following minimum distances:

a.    Seven feet from the edge of the back of the curb or the edge of an internal road paving surface.

b.    Seven feet from a parking space on an adjacent home site or parking bay off a home site.

c.    Seven feet from a common sidewalk.

d.    Twenty-five feet from a natural or man-made lake or waterway.

4.    A carport shall be in compliance with both of the following setbacks if it is completely open, at a minimum, on the 2 long sides and the entrance side:

a.    Support pillars that are installed adjacent to the edge of an internal road shall be set back 4 feet or more from the closest edge of the internal road and 2 feet or more from the closest edge of a common sidewalk, if provided.

b.    Roof overhang shall be set back 2 feet or more from the edge of the internal road.

c.    Steps and their attachments shall not encroach into parking areas more than 3 1/2 feet.

5.    A home sited on one side of the dividing line between a community constructed under a previous act and an expansion of the community constructed in compliance with the requirements of the act shall be a minimum of 13 feet from a home sited on the other side of the dividing line.

F.    Landscaping and Screening. Manufactured housing communities are subject to the landscaping requirements of Article 4, Chapter 4 0except when the manufactured housing community is adjacent to property that is, in the opinion of the Manufactured Housing Commission, undeveloped. For the purposes of determining compliance with the landscaping and screening requirements, a manufactured housing park shall be considered a single family use.

G.    Open Space.

1.    Open space shall be provided in any manufactured housing community containing fifty (50) or more manufactured home sites. A minimum of two percent (2%) of the park’s gross acreage or 25,000 square feet of contiguous space, whichever is greater, shall be dedicated to well drained, usable open space complying with the drainage standards in State Rule R125.1714.

2.    Required property boundary setback areas may not be used in the calculation of open space.

3.    Optional improvements shall comply with state construction codes and applicable laws and ordinances pertinent to construction, including obtaining appropriate state or local permits for the facility or structure being built.

4.    If provided, recreational or athletic areas shall comply with the safety and setback standards of Rules R125.1705 and 125.1941(1), respectively.

H.    Lighting. Except in a seasonal manufactured home community, all internal street and sidewalk systems within a manufactured housing community shall be lighted as follows:

1.    Access points shall be lighted. If the public thoroughfare is lighted, the illumination level shall not be more than the average illumination level of the adjacent illuminated thoroughfare.

2.    At all internal road intersections and designated pedestrian crosswalks the minimum illumination shall not be less than .15 footcandles.

3.    Internal roads, parking bays, and sidewalks shall be illuminated at not less than .05 footcandles.

4.    Lighting fixtures for site-built buildings shall comply with the state electrical code.

I.    Swimming Pools. Swimming pools in manufactured housing communities shall comply with Michigan Administrative Code Rules R325.2111 et. Seq., Public Act 368 of 1978, and Rule R125.1941(1)(f).

All streets, driveways, and parking areas in manufactured housing communities shall comply with the following design requirements:

A.    Access.

1.    The community’s internal roads shall have access to a public thoroughfare or shall be connected to a public thoroughfare by a permanent easement.

2.    An additional access shall be provided to a public thoroughfare to allow a secondary access for emergency vehicles. A boulevard entrance extending to the first intersection of a community road shall satisfy this requirement.

B.    Composition and Surfacing. All internal roads shall be constructed of concrete or bituminous asphalt and supported by a suitable sub grade in compliance with the standards of the American Association of State Highway and Transportation Officials (AASHTO), pursuant to Rule R125.1922. Roads shall be maintained in a reasonably sound condition, as required under Rules R125.1924 and 1925(2)(b).

C.    Curbing. If provided, internal road curbing shall be constructed of concrete or asphalt. Access to curbed sidewalks connecting to internal roads shall comply with Rule R125.1928 (a). (Rule R125.1923)

D.    Parking spaces; Streets. All internal roads shall be two-way and have driving surfaces that are not less than the following widths:

1.    Two-way, no parking 21 feet.

2.    Two-way, parallel parking, 1 side 31 feet.

3.    Two-way, parallel parking, 2 sides 41 feet.

E.    Road Configurations. An internal road that has no exit at one end shall terminate with a minimum turning radius of 50 feet. Parking shall not be permitted within the turning area, which shall be posted within the turning area. A safe-site distance of 250 feet shall be provided at all intersections. Offsets at intersections or intersections of more than two internal roads are prohibited.

F.    Road Widths, Street Names, Addresses & Traffic Control.

1.    All entrances to new communities or new entrances to expanded communities shall be a minimum of 33 feet in width. The entrance shall consist of an ingress lane and a left and right egress turning lane at the point of intersection between a public road and the community’s internal road, and shall be constructed as indicated below in subsections 2 through 4.

2.    All turning lanes shall be a minimum of 11 feet in width and 60 feet in depth, measured from the edge of the pavement of the public road into the community.

3.    The turning lane system shall be tapered into the community internal road system commencing at a minimum depth of 60 feet.

4.    The ingress and right egress turning lanes of the ingress and egress road shall connect to the public road and shall have a radius determined by the local public road authority having jurisdiction. The intersection of the public road and ingress and egress road shall not have squared corners.

5.    Appropriate speed and traffic control signs shall be provided on all internal roads, and a regulation stop sign shall be installed at the point of intersection with a public road, unless a traffic control device is provided.

6.    School bus stops, if provided, shall be located in an area that is approved by the school district.

7.    Improved hard-surface driveways shall be provided on the site where necessary for convenient access to service entrances of buildings, and at delivery and collection points for fuel, refuse, and other materials, and elsewhere as needed. The minimum width of driveways shall be 10 feet. The entrance to the driveway shall have the flare or radii, and horizontal alignment for safe and convenient ingress and egress.

Common sidewalks shall be installed along one side of all internal collector roads within the community to the public right-of-way and to all service facilities including central laundry, central parking, and recreation areas.

A.    Common sidewalks shall be constructed in compliance with all of the following requirements:

1.    Sidewalks shall have a minimum width of 5 feet and shall be constructed in compliance with Public Act 8 of 1973, an act that regulates barrier-free sidewalk access.

2.    All common sidewalks shall meet the standards established in Rule R125.1928.

3.    Except in a seasonal community, an individual sidewalk shall be constructed between at least one entrance, or patio, porch, or deck, if provided, and the parking spaces on the home site or parking bay, whichever is provided, or common sidewalk, if provided.

B.    An individual site sidewalk with a minimum width of 3 feet shall be constructed to connect at least one entrance to the home, patio, porch, or deck and the parking spaces serving the home or a common sidewalk. These sidewalks shall meet the standards shall meet the standards established in Rule R125.1928.

A.    Resident Parking. A minimum of two (2) hard-surfaced parking spaces shall be provided for each manufactured home site. Parking may be either on or off the individual home site.

1.    If the two resident vehicle parking spaces required by this section are provided off the home site, the parking spaces shall be adjacent to the home site and each parking space shall have a clear parking width of 10 feet and a clear length of 20 feet.

2.    If parking spaces are provided for resident vehicle parking, they shall contain individual spaces that have a clear parking width of 10 feet and a clear length of 20 feet.

3.    If vehicle parking is provided on the home site it shall comply with the following provisions:

4.    The parking space shall be constructed of concrete or bituminous asphalt and supported by a suitable subgrade compliant with the standards of AASHTO.

5.    The parking spaces may be either in tandem or side-by-side. If spaces are tandem, the width shall not be less than 10 feet and the combined length shall not be less than 40 feet. If spaces are side-by-side the combined width of the two parking spaces shall not be less than 20 feet and the length shall not be less than 20 feet.

B.    Visitor Parking.

1.    A minimum of one visitor parking space shall be provided for each three home sites.

2.    Visitor parking shall be located within 500 feet of the sites it is intended to serve, as measured along a road or sidewalk.

3.    Individual visitor parking spaces shall have a clear width of 10 feet and a clear length of 20 feet.

The following utility standards apply to all manufactured home communities:

A.    Connections and Lines. All electric utilities shall be underground and installed and serviced by a licensed electrician. All local distribution lines for utilities (telephones, electric service, and cable television) shall be placed entirely underground throughout the manufactured housing community. Main lines and perimeter feed lines existing on a Section or Quarter Section Line may be above ground if they are configured or installed within the state codes.

B.    Drainage.

1.    All drainage outlet connections shall be subject to review and approval by the Drain Commissioner.

2.    Drainage systems shall be reviewed and approved by the Michigan Department of Environmental Quality, in accordance with MDEQ Rules R325.3341 to R325.3349, pursuant to the Act.

3.    Drain utility connections shall comply with Rule R125.1603(c).

C.    Electricity. Electrical systems shall be installed, maintained, operated and serviced according to the standards established in Rules R125.1603(d), R125.1603(e), R125.1603(f); R125.1708; R125.1710(2); R125.1932; R125.1933; and MDEQ Rule R325.3373(2)(c).

D.    Fuel & Gas Heating Service. The installation, maintenance, operation and service of manufactured housing community fuel and gas heating systems and connections shall comply with the standards contained and referenced in Rules R125.1603(b), R125.1710(1), R125.1934 through R125.1938, R125.1940(3) and MDEQ Rule R325.3373(2)(d).

E.    Telephone Communication Lines. All telephone systems shall be installed in accordance with standards approved by the Michigan Public Service Commission or utility provider, pursuant to Rule R125.1940(2), as applicable.

F.    Television. Television service installation shall comply with requirements of Rule R125.1940(1).

G.    Water & Sewage. All lots shall be provided with public water and sanitary sewer service, or water and sanitary services that shall be approved by the Michigan Department of Environmental Quality, pursuant to MDEQ Rules R325.3321 and R325.3331 through R325.3335. Water line connections shall meet the specifications contained in Rule R125.1603(a) and MDEQ Rule R325.3373. Water system meters shall comply with MDEQ Rule R325.3321 and Rule R125.1940a.

H.    Utility Cabinets. Public utility (water, sewer, electrical, etc.) cabinet design shall be approved by the City prior to development. Utility cabinets shall be designed, located, and screened in a manner which minimizes their visibility and appearance, and which will not create sight-line conflicts for motorists or pedestrians.

Each manufactured home site shall use approved garbage/rubbish containers that meet the requirements of Part 5 of the Michigan Department of Environmental Quality Health Standards, Rules R325.3351 through R325.3354. The containers shall be kept in a sanitary condition at all times. It shall be the responsibility of the community operator to ensure that all garbage/rubbish containers do not overflow and that all areas within the community are free of garbage/rubbish.

A.    Fire Protection. All manufactured homes built, sold, or brought into this state shall be equipped with at least one fire extinguisher approved by the national fire protection association and one smoke detector approved by the Michigan Bureau of Construction Codes. The homeowner of a manufactured home brought into this state for use as a dwelling shall have 90 days to comply with this requirement under Public Act 133 of 1974, as amended. The manufactured housing community shall provide its residents with written notification of this requirement, which may be published in the community rules.

B.    Disaster & Severe Weather. Each manufactured housing community shall provide each community resident immediately upon occupancy with written information indicating whether the local government provides a severe weather warning system or designated shelters. If a warning system or shelter is provided, the information shall describe the system and nearest shelter location.

A.    In-Community Home Sales. New or pre-owned manufactured homes which are to remain on-site in the manufactured housing community may be sold by the resident, owner, or licensed retailer or broker, provided that the manufactured housing community management permits the sale, as established in Section 28a of Public Act 96 of 1987, as amended, and Rules R125.2001a, R125.2005, R125.2006 and R125.2009(e).

B.    Installation and Anchoring. Manufactured homes shall be installed with anchoring systems designed and constructed in compliance with the U.S. Department of Housing and Urban Development’s Manufactured Home Construction and Safety Standards (24 CFR 3280.306) and approved for sale and use within Michigan by the Michigan Construction Code, pursuant to Rules R125.1605 and R125.1607. The installation of manufactured housing on each site within a community shall conform to the requirements of Rules R125.1602 and R125.1602a.

C.    Utility Connections. All utility connections within the community shall comply with the requirements of Rule R125.1603. No manufactured home shall be occupied for dwelling purposes unless it is placed on a site or lot and connected to water, sanitary sewer, electrical, and other facilities as may be necessary.

D.    Storage.

1.    A manufactured home site shall be kept free of fire hazards, including combustible materials under the home.

2.    One storage shed that complies with the Michigan Residential Code may be placed upon any individual manufactured home site for the storage of personal property, if permitted by management. Storage sheds shall be constructed with durable weather and rust-resistant materials and shall be maintained to reasonably preserve their original appearance.

3.    Storage sheds that are attached to homes shall consist of materials similar to that of the home and shall have a fire-rated wall separation assembly in accordance with the Michigan Residential Code.

4.    A detached storage shed shall be at least 10 feet from all adjacent homes.

5.    All storage sheds shall be securely anchored in accordance with the Michigan Residential Code.

6.    Towing mechanisms shall be removed from all homes at the time of installation and stored so as not to be visible. Towing mechanisms, including axles, may, however, be stored under manufactured homes within a community.

E.    Skirting.

1.    Skirting to conceal the underbody of the home shall be installed around all manufactured homes, prior to issuance of a certificate of occupancy and shall be installed within 60 days of placement of the home on the site unless weather prevents compliance with this schedule. In the event that installation is delayed by weather, a temporary certificate of occupancy shall be issued pursuant to Section 13 of Public Act 230 of 1972, as amended.

2.    Skirting shall be vented as required by Rule R125.1604.

3.    Skirting shall be installed in a manner to resist damage under normal weather conditions and shall be properly maintained by the resident.

4.    Skirting shall be aesthetically compatible with the appearance of the manufactured home. All skirting shall meet the requirements established in the Manufactured Housing Commission Rules.

F.    Recreational Vehicles.

1.    If recreational vehicle storage is provided within the manufactured housing community, it should include, but not be limited to: class A, B, and C motor homes; fifth wheel travel trailers; travel trailers; folding tent campers; trailered boats; trailered all-terrain vehicles; trailered personal watercraft; historic vehicles; and seasonal equipment. The storage area shall be adequately locked, fenced, and permanently screened, using the same standards of screening provided at the property’s perimeter, and surfaced in accordance with Rule R125.1922.

2.    The storage area shall be limited to use by the residents and management of the manufactured housing community.

A.    Site Plan Review Required for Community. The City shall review the preliminary plan for the manufactured housing community pursuant to Section 12 of the Act and Rules R325.3381-3385 of the Michigan Department of Environmental Quality’s Mobile Home Park Health Standards.

B.    License. No manufactured housing community shall be operated without a license issued by the Michigan Bureau of Construction Codes, pursuant to Section 16 of the Act.

C.    Occupancy. Occupancy shall not occur until after local inspections, permit, and certificate of occupancy approvals, pursuant to Public Act 230 of 1972, the Stille-DeRossett-Hale Single State Construction Code Act.

D.    Occupancy. Occupancy shall not occur until after local inspections, permit, and certificate of occupancy approvals, pursuant to Public Act 230 of 1972, the Stille-DeRossett-Hale Single State Construction Code Act.

E.    Site-Constructed Buildings. Site constructed buildings erected within the community, such as community buildings or laundries, but not including manufactured homes and their accessory storage buildings, shall be examined by the municipality for compliance with all appropriate inspection and permit requirements, pursuant to Public Act 230 of 1972, the Stille-DeRossett-Hale Single State Construction Code Act.

F.    Individual Homes. Site plan review is not required for individual homes in a manufactured housing community.

The regulations of this district are intended to provide for the preservation of selected land areas in a natural state due to their aesthetic and environmental values. The district also provides for certain educational, public service, and commercial activities which would complement the effective use of land for certain outdoor recreation purposes consistent with the City of Pontiac Land Use Plan.

A.    Unimproved open space:

B.    Woodlands.

C.    Wetlands.

D.    Undeveloped portions of floodplains.

E.    Improved open space:

F.    Public or private playgrounds, picnic areas, water sports areas, and similar outdoor recreation facilities.

G.    Public or private golf courses, excepting golf establishments which are devoted exclusively to Par 3 facilities.

H.    Public or private boat launching facilities and marinas including establishments for renting of boats, and renting or sale of bait, fishing equipment, and other similar outdoor recreation merchandise, excluding establishments for the sale, renting or servicing of motorized equipment and vehicles.

I.    Educational facilities, such as zoological gardens, wilderness preserves and sanctuaries, botanical gardens, and arboretums, which necessarily include open space as an integral part of the facility.

A.    Any use customarily incidental to the principal permitted use when located on the same premises.

B.    Outdoor advertising signs related to the uses of the premises on which they are located, provided that, such signs shall conform to the city sign ordinance.

C.    Off-street parking and loading as required by Article 4, Chapter 3.

Other outdoor recreation and open space uses similar to those in Section 3.405, subject to city planning commission approval as being compatible with surrounding land uses and consistent with maximizing the aesthetic and outdoor recreation use of the site, and the provision of adequate off-street parking.

The planning commission shall review and approve or reject the proposed site plans of all proposed project development, in accordance with the standards and requirements of this ordinance.

The intent of this district is to provide a suitable central location for a variety of public services rendered by government and the accessory parking areas and circulation commonly provided for the convenience of employees and the general public.

None.

None.

The civic center development plan as adopted by the planning commission and city council and as hereafter amended shall be followed. The following uses are permitted:

A.    Federal, State, county and municipal offices.

B.    Library, museum, auditorium, sports arenas, art gallery, exhibition hall, and related cultural uses.

C.    Buildings erected for public use by nonprofit corporations or associations which are compatible with the special exception uses listed in this section, including Municipal Employees Credit Union.

A.    The maximum building height shall be 50 feet or four stories.

B.    The required minimum useable floor area per dwelling unit, minimum required setback dimensions, minimum area, and lot size are not applicable.

C.    Signs in the C-C district shall be regulated in the same manner as signs in the C-2 district. See Article 5 for sign regulations.

The planning commission shall review and approve or reject the proposed site plan of all proposed project development, in accordance with the standards and requirements of this Ordinance.

The regulations of this district are intended to provide a suitably attractive environment for various governmental functions of Oakland County, as well as being conducive to expansion of high technology facilities within the district and upon adjacent properties.

The G-O-T District is intended to encompass that portion of the current Oakland County Service Center located within the City of Pontiac and the adjacent 88 acres, formerly part of the Clinton Valley Center, located east of N. Telegraph Rd., and southwest of the Grand Trunk Railway.

Uses, which are basically limited to those conducted by Oakland County government, together with certain uses, including but not limited to compatible non-profit corporate offices, medical facilities, cultural facilities, municipal employee credit unions and high technology facilities. Uses, which tend to be incompatible with the intent of this district shall be appropriately restricted or prohibited.

A.    Offices for: judicial, law enforcement, governmental, executive, administrative, professional, non-profit organizations, accounting, writing, clerical, stenographic, engineering, drafting, public or private utilities, sales, and similar functions or occupations.

B.    Police and/or Fire stations.

C.    Courts, libraries, museums, auditoriums, convention centers, display halls, art galleries, cultural centers, sports arenas, health or exercise clubs, or similar places of assembly.

D.    Medical and dental offices, including outpatient clinics, medical examiner’s office and medical laboratories.

E.    Public, business and/or technical schools and other training facilities located completely within an enclosed building.

F.    Data processing and computer centers including computer programming, software development and repair centers, and archival services.

G.    Publishing, radio or television broadcasting, wireless telecommunication facilities, including antenna towers and their related studios and offices.

H.    Lithographic, blueprinting and other document reproduction services.

I.    Day care facilities.

J.    Parks and public recreation facilities.

K.    Banks, credit unions and similar financial services.

L.    Multimodal transportation facilities.

M.    Research, design, development, and testing facilities for technological, scientific and business establishments, including the development of prototypes.

N.    Assembly and machining operations, when adjunct to research, design, development or testing activities occurring at the same location. Assembly activity shall be limited to assembly of pre-manufactured finished objects or components and shall include only small volume non-routine production of innovative products or equipment and shall not include or permit mass production or mass assembly of products or equipment. Machining shall be permitted on a limited basis and only for research, design, development and testing activities, repair, demonstration, and/or training.

O.    Hospitals, convalescent or nursing homes, homes for the elderly, mental health facilities or other medical care facilities in which patients or clientele stay overnight or for more extended periods of time.

P.    Public Works facilities, including those involving vehicular and/or equipment maintenance, public or private utility facilities, including transformer station and substation, gas regulator station, water tower, farmers market and other similar facilities and which may involve any amount of outside storage, display for sale, or maintenance; of vehicles, equipment and/or materials. However, facilities that process waste, such as incinerators or transfer stations and other facilities with characteristics which are similarly adverse to the intent of this district are expressly prohibited.

Q.    County jail, work release, and other similar uses operated as a function of Oakland County, in which people are incarcerated or otherwise required to reside within a secured environment, except within the southerly/southeasterly 500 feet of the 88 acres that had formerly been part of the Clinton Valley Center.

LANDSCAPING (also see Article 4, Chapter 4)

A.    Property not utilized for buildings, structures, parking lots, deck or patio and/or improved driveways or walkways shall be landscaped with living trees, shrubs, flowers, grass and/or ground cover.

B.    Except as provided above, along all property lines adjacent to or separated by a street, right-of-way or similar easement for vehicular travel, from a residential use or district within which a residential dwelling is a permitted use, a landscape buffer shall be provided of at least a 10’ width and providing at least one tree and one shrub for every ten feet (10’) of buffer strip length. At least one-half of the required trees shall be of an evergreen variety, of at least a 5’ height at the time of their planting. Large deciduous trees shall be at least a 2” caliper at the time of their planting. Ornamental deciduous trees shall be at least a 1 3/4” caliper at the time of their planting.

C.    Except as provided above, all off-street parking lots shall be screened along their perimeter by a buffer strip of at least a ten- foot (10’) width, landscaped with at least one tree for every thirty feet (30’) of buffer strip length. Evergreen trees shall be at least a 5’ height at the time of their planting. Large deciduous trees shall be at least a 2” caliper at the time of their planting. Ornamental deciduous trees shall be at least a 1 3/4” caliper at the time of their planting. The City Planning Commission may approve an alternative screening mechanism, such as a decorative masonry wall, during Site Plan Review.

D.    Except as provided above, for every 50’ along all streets, rights-of-way or similar easements for vehicular travel, one (1) or more tree(s), shall be provided. Evergreen trees shall be at least a 5’ height at the time of their planting. Large deciduous trees shall be at least a 2” caliper at the time of their planting. Ornamental deciduous trees shall be at least a 1 3/4” caliper at the time of their planting. The Planning Commission may modify or waive the minimum landscaping, buffering or wall requirements, when it determines that such a modification will serve to provide more effective circulation and traffic movement, or will enable a more reasonable and desirable building setting and site design.

PARKING

E.    Off-street parking of any vehicle shall not be permitted within 25’ of any A or B street, or within 10’ of any other street, right-of-way or similar easement for vehicular travel.

F.    Permissible off-street parking lots and/or parking decks require Site Plan Review pursuant to Article 6, Chapter 2.

SIGNS

G.    All signs shall be designed so as to be integral and compatible with the architecture and landscaping component of the development, and are subject to Site Plan Review pursuant to Article 6, Chapter 2 of this ordinance.

H.    Wall mounted signs shall occupy no more than the lesser of 15% of the building facade area or 200 square feet, in total area.

I.    Each building may have one (1) freestanding accessory sign for each street frontage. Said sign(s) shall be no more than 100 square feet in area, no more than 10’ tall, and setback at least 10’ from all streets, rights-of-way or similar easement for vehicular travel.

J.    Non-accessory signs and/or Billboards are strictly prohibited.

K.    All signs advertising the sale, rent or lease of space shall be located on the premises so advertised, and be no larger than 24 square feet in area. Such signs shall be removed within fourteen (14) days of the sale, rental or lease.

L.    Election/Political Campaign Signs announcing the candidates seeking public political office or political issue, and other data pertinent thereto, shall be confined to private property and be installed not more than thirty (30) calendar days prior to the election and shall be removed within fourteen (14) calendar days after the election:

STRUCTURES (other than buildings)

M.    All fencing, swimming pool(s) or other outdoor recreational equipment shall be setback at least 25’ from all streets, rights-of-way or similar easement(s) for vehicular travel.

N.    Communication structures, transformers, electrical or mechanical equipment and other similar permitted incidental equipment shall be mounted on the interior of a building wherever possible. Exterior location of such structures or equipment that may be visible from any street, right-of-way or similar easement for vehicular travel, or residential use, or district within which a residential dwelling is a permitted use, shall be setback at least 25’ from all streets, rights-of-way or similar easement for vehicular travel and at least 15’ from any other property line, and shall be screened with either plantings or a durable non-combustible enclosure which are unified and harmonious with the overall architectural theme, and meet utility provider standards for location and maintenance.

O.    Loading docks and refuse collection enclosures shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Wherever possible, said loading docks and refuse collection enclosures shall be located on that side of the building opposite of, or as far removed as possible from, all neighboring residential uses and districts within which residential dwellings are permitted. All screening shall be comparable in style and quality to the principal materials of the building and landscape and otherwise comply with Section 4.408 of this ordinance.

USES

P.    Interior storage, cafeteria/food service, lounge, waiting room or similar use when ancillary to and within the same building as a Permitted Principal Use or a use permitted by Special Exception Permit, and occupying no more than 30% of the total useable floor area of the building.

Q.    Living quarters of a watchman or caretaker employed on the premises, provided: a) such living quarters shall be an incidental element of the permitted operation; and b) the living quarters shall not exceed 1,000 square feet of floor area and shall be contained entirely within the principal building.

R.    Any use customarily incidental to the permitted use.

UTILITIES

S.    All exterior on-site utilities, and communication devices, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires and equipment, shall be installed and maintained underground whenever possible.

T.    On-site underground utilities, and communication devices, shall be designed and installed to minimize disruption of off-site utilities, communication devices, paving, and landscape during construction and maintenance.

A.    No visual obstruction shall be permitted between 30” and 8’ above grade, within twenty-five feet (25’) of the intersection of all streets, rights-of-way or similar easement(s) for vehicular travel, in a manner that would interfere with traffic visibility.

B.    All structures and off-street parking areas shall be setback at least:

1.    25’ from any A or B Street;

2.    25’ from any district within which a residential dwelling is a permitted use;

3.    25’ from any street, right-of-way or similar easement for vehicular travel, that separates the subject property from any district within which a residential dwelling is a permitted use; and

4.    10’ from any other property line, or other street, right-of-way or similar easement for vehicular travel.

C.    No structure, or portion thereof, shall exceed a 40’ height, unless the setback(s) of the proposed structure, or portion thereof, relative to:

1.    The nearest A or B Street; and

2.    all districts within which a residential dwelling is a permitted use; and

3.    all streets, rights-of-way or similar easements for vehicular travel that separates the subject property from any district within which a residential dwelling is a permitted use; shall be increased from the minimum applicable required setback by two feet for every one-foot of additional height, up to a maximum of 150’.

D.    Where two (2) or more principal buildings are located on the same lot, or on contiguous property under the same ownership, the distance between said buildings and attachments thereto shall not be less than twenty (20) feet; and for each five feet (5’), resulting from the product of the combined height of the two adjacent buildings divided by two, in excess of forty feet (40’), the buildings shall be set apart one (1) additional foot.

E.    Every building hereafter erected shall be located on a lot with, at minimum, a lot width, measured at the front setback, of no less than 100’; and a lot area of no less than 16,000 square feet.

The Planning Commission shall review and approve or reject the proposed Site Plans of all proposed project development in accordance with all applicable standards and requirements of the Zoning Ordinance.

The Michigan Zoning Enabling Act, PA 110 of 2006, as amended, authorizes the creation of one or more planned development districts designed to achieve specific objectives of the Zoning Ordinance and implement the goals and policies of the Master Plan.

The Mixed Use District (MUD) is a planned district that may be applied for in any district as set forth herein. The MUD District is dedicated to the former Clinton Valley Center premises (the “CVC property”), current and former General Motors/R.A.C.E.R. (Revitalizing Auto Communities Environmental Response) Trust property, or any other property that the City determines, in its sole discretion, will advance the goals and policies of the Master Plan and meet the intent of this district. This district is designed to serve a variety of urban functions through the provision of a mixture of residential, office, light industrial, research and development, governmental, educational, and low intensity commercial uses pursuant to the City’s Master Plan, as amended. It is the intent of this section that the basic principles of good land use planning, including an orderly and compatible relationship between various uses, be maintained, and that the sound zoning standards as set forth in this MUD, and statutes concerning land use, be maintained.

It is the intent of the MUD District to encourage the development of traditional neighborhoods through a coordinated land use pattern of residential, office, research and development, and local commercial uses. Upper floor residential, above retail, or office uses are encouraged. It is further the intent of this District to encourage the use of land in accordance with its character and adaptability, promote excellence in the design of buildings and sites, maintain the existing natural features and natural resources, ensure compatibility of design and use between neighboring properties, and to encourage safe vehicular and pedestrian movement within the development. The MUD is designed to give the City and applicant more flexibility than would be allowed under the existing zoning, and encouraging development of property according to its unique characteristics.

The specific goals which the MUD Mixed Use District (“MUD”) seeks to implement include the following:

A.    Provide for planned growth that will result in long-term contribution to social, economic, and environmental sustainability and overall livability of the City;

B.    Maintain and encourage a diversity of housing;

C.    Provide commercial, education and recreational facilities and employment opportunities conveniently located in relation to housing;

D.    Promote efficiency and economy in the use of land and energy, in the development of land, and in the provision of public services and facilities;

E.    Create new and innovative residential, industrial, and commercial development opportunities;

F.    Encourage flexibility in design and use that will result in a higher quality of development and a better overall project than would be accomplished under conventional zoning, and which can be accommodated without sacrificing established community values;

G.    Encourage the use, redevelopment and improvement of existing sites where current ordinances do not provide adequate protection and safeguards for the site or its surrounding areas, or where current ordinances do not provide the flexibility to consider redevelopment, replacement, or adaptive re-use of existing structures and sites.

(Ord. No. 2291, § 1(E), 6-27-13; Ord. No. 2409, 5-2-23)

A.    The granting of a MUD application shall require a rezoning by way of amendment to this chapter upon the recommendation of the Planning Commission and approval of the City Council. The procedure for rezoning is that which is authorized by the Zoning Enabling Act (Public Act 110 of 2006, as amended), as contained in Section 503.

B.    Prior to the submission of an application for planned unit development approval, the applicant, with appropriate experts, shall meet with the Planning Department, together with applicable City staff and consultants. The applicant shall present at such conference, or conferences, a sketch plan of the proposed mixed use development meeting the requirements set forth in Section 6.208, as well as the following information:

1.    Total number of acres in the project;

2.    A statement of the number of residential units, if any, the number and type of nonresidential units, and the number of acres to be occupied by each type of use;

3.    The known deviations from ordinance regulations to be sought;

4.    The number of acres to be preserved as open or recreational space; and

5.    All known natural resources and natural features and/or historic resources and historic features to be preserved.

C.    Following the meeting with the Planning Department, an applicant may request a pre-application review of the rezoning application and site plan prior to submittal of a formal application with the Planning Commission. The scheduling of a review by the Planning Commission shall be subject to the availability of time on the agenda or determined by the Chairperson of the Planning Commission.

D.    The applicant shall submit to the Planning Department copies of a sketch plan conforming with the requirements set forth in Section 6.208. This plan shall constitute an application to amend this chapter and shall be noticed for public hearing before the Planning Commission. With and in addition to the regular report submitted by the Planning Commission in connection with a rezoning application, the Planning Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the project, including, without limitation, recommendations with respect to matters on which the City Council must exercise discretion and shall review the application and shall take one of the following actions:

1.    Approval. Upon finding that the application meets the criteria set forth in the intent of this section, the Planning Commission may recommend final plan approval to the City Council.

2.    Approval With Changes or Conditions. The Planning Commission may recommend to the City Council conditional approval, subject to modifications as performed by the applicant. These conditions may include review and approval of easements and rights-of-way instruments by the Building Department, Assessor’s Office, City Attorney, or City planning and engineering consultants.

3.    Postponement. Upon finding that the application does not meet the criteria set forth in this intent of this section, but could meet such criteria if revised, the Planning Commission may recommend postponing action to the City Council until a revised final plan is submitted.

4.    Denial. Upon finding that the application does not meet the criteria set forth in the intent of this section, the Planning Commission shall recommend denial of the application to the City Council.

5.    Request Changes. If the Planning Commission requests changes, the applicant shall submit the revised drawings and/or information within the time frame expressly approved by the Planning Commission. Failure to submit the revised plans and/or information within the requisite time frame shall void all prior approvals.

E.    Upon receiving a recommendation from the Planning Commission a public hearing shall be scheduled before the City Council, at which time Council will consider the proposal along with the recommendations of the Planning Commission, the City staff, and comments of all interested parties. The City Council shall then take action to approve, approve with conditions, deny, or refer back to the Planning Commission the application for rezoning to MUD, MUD sketch plan and development agreement. The City Council shall set forth in their resolution the reasons for such action, including reasons for approval, conditional approval, postponement, denial, or referral back to the Planning Commission.

F.    Following approval by the City Council, and the signing of the plans, the City Planner shall amend the City zoning map to reflect the MUD approval by amending the zoning designation. Final site plan approval in accordance with Chapter 2, Site Plan, shall be required for an approved MUD project. Final site plan approval may be submitted in phases, as set forth in the development agreement with consideration for required improvements.

(Ord. No. 2409, 5-2-23)

A.    Reasonable conditions may be required by the Planning Commission and City Council before the approval of a MUD, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment, and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. The conditions of approval may be drafted in writing, specifying conditions of approval and use. Conditions may stipulate that the MUD may only be used for selective land uses, provided the restraints advance (rather than injure) the interests of adjacent landowners; are a means of harmonizing private interests in land, thus benefiting the public interest; are for the purposes of ensuring that the MUD fulfills the purposes and intent of this section and thus, benefits the public interest; and/or possess a reasonable relationship to the promotion of the public health, safety, and welfare.

B.    Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole; reasonably related to the purposes affected by the MUD; and necessary to meet the intent and purpose of this chapter and be related to the objective of ensuring compliance with the standards of this chapter. All conditions imposed shall be made a part of the written record of the final plan that shall include a site plan and written development agreement signed by the City Mayor and the applicant.

C.    In the event that conditions set forth herein are not complied with, then the Mayor shall have the right to compel a show cause hearing by the Planning Commission or issue a violation pursuant to Section 6-704. At the show cause hearing, additional conditions may be imposed by the City and/or a new MUD application required.

(Ord. No. 2409, 5-2-23)

Subject to the applicable standards, requirements, and other provisions of the MUD and subject to final site plan review by the Planning Commission:

A.    One-family dwellings detached or attached, two-family or townhouse, or multiple-family dwellings, aesthetically compatible in design and appearance within the MUD.

B.    Residential dwellings as the exclusive occupant of a lot or as a mixed use with a permitted nonresidential use.

C.    Neighborhood public parks, libraries, playgrounds, recreational facilities, and community facilities primarily for the use of neighborhood residents.

D.    Public and private preschool, elementary, middle, and high schools.

E.    Training and/or educational schools licensed by the State of Michigan, where such schools are designed and intended to provide training at the business, technical, or professional level.

F.    Any principal permitted use allowed in the C-1 Local Business District.

G.    Utility structures, telecommunication facilities such as electrical receiving or transformer stations, radio and television broadcasting stations, wireless communication equipment, public service buildings and uses (without storage yards), as required to provide necessary services to the businesses and residents in the immediate vicinity. However, such facilities shall be set back from residential uses a distance equal to their height.

H.    Research, Development and Light Industrial Uses. It is recognized by this MUD that the value to the public of designating certain areas of this district for a compatible mixture of uses within a campus type environment is represented in the employment opportunities to the citizens and the resultant economic benefits to the City. These uses are characterized by an insignificant amount of such nuisance factors as noise, heat, glare, and the emission of air pollutants and are permitted no less than 150 feet from any residential use and all products or equipment shall be stored within enclosed buildings.

1.    Any use which is charged with the principal business function of research, such as scientific, business, industrial research developments, training centers, and testing laboratories.

2.    The manufacturing, compounding, processing, or treatment of such products as drugs, pharmaceuticals, and medical devices.

3.    Assembly of merchandise such as electrical appliances, electronic or precision instruments, and articles of similar nature.

4.    Manufacturing of machine vision systems, robotics, automated testing and manufacturing systems, drugs, jewelry, musical instruments, sporting goods, glass products, small household appliances, electronic and fiber optic products, cameras and photographic equipment and supplies, printed matter, and other similar uses.

5.    Any other principal permitted use allowed in the IP-1 Industrial Park District.

I.    Unimproved Open Space.

1.    Woodlands.

2.    Wetlands.

3.    Undeveloped portions of floodplains.

J.    Improved Open Space.

1.    Public or private playgrounds, picnic areas, water sports areas, and similar outdoor recreation areas.

2.    Educational facilities, such as zoological gardens, wilderness preserves and sanctuaries, botanical gardens and arboretums which necessarily include open space as an integral part of the facility.

K.    Business, professional, and medical offices.

L.    Banks, credit unions, and savings and loan associations.

M.    Personal service establishments, such as, but not limited to, repair shops (watches, radio, television, shoes, etc.), tailor shops, beauty parlors, barber shops, interior decorators, photographers, and dry cleaners.

N.    Sidewalk cafe service, operated by a restaurant or other food establishment which sells food for immediate consumption, subject to the following:

1.    An application depicting the location and layout of the cafe facility shall be submitted to the Office of Land Use and Strategic Planning for review, prior to an occupancy permit being granted by the Building Department. The permit shall remain in effect, unless there is a change in ownership, or the operation of the cafe fails to meet the standards contained herein.

2.    A sidewalk cafe may be located in front of or adjacent to the establishment. A sidewalk cafe that extends beyond the applicant’s property lines shall require the permission of the affected property owners.

3.    Sidewalk cafes shall be located on a public sidewalk only by approval of the City Engineering Division and in accordance with the City Subdivision Code.

4.    A sidewalk cafe shall be allowed during normal operating hours of the establishment.

5.    The exterior of the premises shall be kept clean, orderly, and maintained or the permit may be revoked. All food preparation shall be inside the premises.

6.    The City shall not be held liable or responsible for any type of damage, theft, or personal injury which may occur as a result of a sidewalk cafe operation.

7.    All sidewalk cafes shall comply with applicable regulations of the County Health Department and the State.

O.    Child day-care centers subject to the following:

1.    The property is maintained in a manner that is consistent with the character of the neighborhood and surrounding uses.

2.    A separate drop off and pick up area shall be provided adjacent to the main building entrance, located off a public street and the parking access lane and shall be of sufficient size so as not to create congestion on the site or within a public roadway unless otherwise stated in the development agreement approved by City Council.

3.    There shall be an outdoor play area of at least 500 square feet provided on the premises. Said play area shall not be located within the front setback unless otherwise stated in the development agreement approved by City Council.

4.    An ornamental fence that is designed to discourage climbing and is at least four feet high but no higher than six feet shall enclose all outdoor play areas.

5.    Appropriate licenses with the State of Michigan shall be maintained.

P.    Housing for the elderly, subject to the following conditions:

1.    All housing for the elderly shall provide for the following:

a.    Cottage-type dwellings and/or nonrental apartment-type dwelling units; and

b.    Activity space, including, but not limited to, central dining rooms, library/reading rooms, barber/beauty shops, card rooms, recreational rooms, central lounges, and workshops.

2.    All developments shall have a density consistent with the approved overall density of the development.

(Ord. No. 2409, 5-2-23. Formerly 3.702)

A.    Permitted accessory uses as specified in the development agreement.

B.    Off-street parking and loading.

C.    Home occupations subject to the requirements of Section 2.536.

D.    Any use customarily incidental to the permitted principal use.

(Ord. No. 2409, 5-2-23. Formerly 3.703)

A.    For areas dedicated to the former Clinton Valley Center premises (the “CVC” property) and current or former General Motors/R. A. C. E. R. (Revitalizing Auto Communities Environmental Response) Trust property, the following area, height, bulk, and placement regulations as specified in the development agreement shall apply:

1.    Minimum district size shall be 200 gross acres.

2.    The residential community shall occupy approximately 126 acres in the southern portion of the district, as designated on the conceptual site plan, that was prepared on December 14, 2000, for review and approved by the City Council and then revised on January 22, 2001, and labeled a neo-traditional neighborhood plan for use in this MUD. The mixed use residential development will not exceed a density greater than five units per gross acre or approximately 630 residential units. Approximately 50 percent of the 630 residential units or approximately 300 units will be dedicated to single-family low-density units; approximately 35 percent of the residential units or approximately 230 units will be medium density housing units; and approximately 15 percent of the residential units or approximately 100 units will be higher density housing units.

3.    Mixed Use/Commercial/Office Uses. No more than 50,000 square feet of floor area within the district shall be allocated to commercial and/or office uses.

4.    Research, Development and Light Industrial Uses. Maximum acreage allocated to research, development and light industrial uses shall not exceed 45 percent of the overall district. These uses shall be located in the northern portion of the district per the neo-traditional neighborhood plan developed for use in this MUD and dated January 22, 2001.

B.    For all properties, other than those designated in Section 3.705(A), area, height, bulk, and placement regulations shall be specified on the MUD site plan and development agreement. The Planning Commission and City Council may use reasonable discretion in evaluating the area, height, bulk, and placement regulations proposed by the applicant based upon Zoning Ordinance standards for similar uses.

C.    The residential community of single-family, two-family, and multiple-family uses may occupy a minimum of 25 percent and a maximum of 90 percent of the total floor area of all structures in the entire mixed use development. This floor area calculation does not include the area of any accessory structures within the development. The City Council may grant a deviation from the requirement upon a finding that the mix of uses is consistent with the Master Plan and provides overall benefit to both the uses of the project and the City as a whole.

(Ord. No. 2409, 5-2-23. Formerly 3.704)

Uses located within the MUD Mixed Use District are subject to the following development standards and regulations, in addition to standards set forth in the development agreement:

A.    Open Space Requirement and Computation. A minimum of 15 percent of the gross area of the district shall be maintained as landscaped open space. All required setbacks may be included in the landscape computation; however, public or private street right-of-way and parking lots may not be included. These areas shall be planted and maintained in accordance with a landscape plan approved by the Planning Commission. Up to 50 percent of the required open space may be included in a public plaza element or elements. “Public Plaza” for purposes of this section is defined as “a community amenity or space that serves a variety of users including building tenants, visitors, and members of the public.”

B.    District Access. Access to public roads for both pedestrians and vehicles shall be controlled in the interest of public safety. Each building or group of buildings and its parking or service area shall be subject to the following restrictions:

1.    Provisions for circulation between adjacent parcels are required through coordinated or joint parking systems.

2.    Driveway placement must be such that loading and unloading activities will not hinder vehicle ingress or egress.

3.    When applicable, the primary access point into the district may be permitted to be via a rear access drive/alley to be shared by all adjoining uses. The drive shall be no less than 20 feet wide within a 25-foot easement and shall be subject to approval by the City Engineering Division.

C.    Pedestrian Pathways and Sidewalks. Vehicular access and circulation shall be planned to ensure safe pedestrian movement within the development. Pedestrian systems shall provide safe, all-weather, efficient, and aesthetically pleasing means of on-site movement and shall be an integral part of the overall district design concept. Pedestrian pathway connections to parking areas, buildings, other amenities and between on-site and perimeter pedestrian systems shall be planned and installed wherever feasible. All paths and sidewalks shall be constructed in accordance with the City Subdivision Code.

D.    Signage. Signs in the MUD district shall comply with the requirements for signs in the C-2 district. See Article 5 for sign regulations.

E.    Lighting. All lighting shall conform to the requirements of this MUD in order to maintain vehicle and pedestrian safety, site security, and accentuate architectural details. Architectural lighting, where used, shall articulate the particular building design, as well as provide the required functional lighting for safety of pedestrian movement.

F.    Landscaping/Greenbelts/Buffers/Screening Elements. All landscape features of the district shall ensure that the image of the City is promoted by the organization, unification, and character of the Mixed Use District. A landscape plan shall be provided along with the site plan for the entire district.

G.    General District Design/Architectural Guidelines. It is the intent of this district to provide an environment of high quality and complementary building architecture and district design. Special emphasis shall be placed upon methods that tend to reduce the large-scale visual impact of buildings, to encourage tasteful, imaginative design for individual buildings, and to create a complex of buildings compatible with the streetscape.

H.    Screening of Exterior Electrical Equipment and Transformers.

1.    Transformers that may be visible from any primary visual exposure area shall be screened with either plantings or a durable noncombustible enclosure, which are unified and harmonious with the overall architectural theme.

2.    Exterior-mounted electrical equipment shall be mounted on the interior of a building wherever possible or shall be located where it is substantially screened from public view. Such equipment shall never be located on the street side or primary exposure side of any building.

I.    Utilities and Communication Devices.

1.    All exterior on-site utilities, including, but not limited to, drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communication wires and equipment, shall be installed and maintained underground whenever possible.

2.    On-site underground utilities shall be designed and installed to minimize disruption of off-site utilities, paving, and landscaping during construction and maintenance.

(Ord. No. 2409, 5-2-23. Formerly 3.705)

No development shall proceed within the district without the execution of a mutually acceptable development agreement between the City and the applicant. The development agreement shall be drafted in a form acceptable to the City Attorney and shall specify the uses permitted, all regulations and requirements to ensure protection of the health, safety and welfare of the citizens, a quality development, and the responsibilities of the developer and the City. Strict adherence to the terms of the development agreement shall be required.

In addition to the design guidelines specified above, the development agreement shall address the following items in detail:

A.    Site plan review according to the requirements of this Zoning Ordinance.

B.    Building elevations/pattern book, materials used, facade treatments including windows, porches, etc. Building placement, area, height, bulk, and placement regulations.

C.    Trash receptacles – location and screening.

D.    Conformance with the City’s Land Use Plan.

E.    A phasing plan if the project is proposed to be constructed in phases. Each phase should be capable of standing on its own in terms of services, facilities and shall contain the necessary components to ensure protection of the health, safety, and welfare of the residents.

F.    Improvements to be covered by performance guarantee, the amount required to guarantee completion of the improvements plus an administrative fee in an amount approved by the City Council, and the time for completion of the improvement.

G.    The relative mix of different uses and the scheduled completion of construction dates.

(Ord. No. 2409, 5-2-23. Formerly 3.706)

If an application for a site plan amendment for a project located in areas zoned MUD at the time of passage of the ordinance codified in this chapter is submitted, the Planning Commission shall review and approve or reject the proposed district plans of all proposed project developments, in accordance with the standards and requirements of this MUD and the development agreement.

For proposed projects that are not zoned MUD at the time of passage of the ordinance codified in this chapter, the Planning Commission shall make a recommendation to the City Council on the zoning map amendment along with the MUD sketch plan and development agreement.

(Ord. No. 2409, 5-2-23. Formerly 3.707)

This district is designed to promote a mix of uses within a dense development of land of an exceptional aesthetic quality that encourages the congregation of people, creating new and innovative interdependent residential, office, shopping, and entertainment environments that complement each other and gain economic advantage from a close proximity and well organized relationship to each other.

A prime characteristic of this district is a core of intense pedestrian activity. Most persons entering the district will come by automobile and typically will park once to carry out several errands. This essential interdependence of activities is given preference in the regulations and the future planning of the district over those types of activities where the customer normally does business as a single purpose trip and desires to park his automobile immediately adjacent to the establishment.

Uses or activities that tend to be incompatible with the intent of this district (drive-thru restaurants for example) shall be appropriately restricted if not prohibited altogether.

Exterior building materials, signage, lighting, landscaping, and other features of the project, shall be designed to provide an environment of high quality and complementary building and site design. The provisions that follow place special emphasis upon regulations, design standards, and improvements that tend to reduce the large-scale visual impact of buildings, to encourage tasteful, imaginative design for individual buildings, and to create a complex of buildings compatible with each other and neighboring residential areas in terms of design, scale and use. To unify the building sites and their architecture, landscaping and other site amenities as a design element will play a key role in creating and conveying a user friendly environment, as well as to ensure compatibility of neighboring uses.

The following uses are permissible when conducted within fully enclosed buildings, unless otherwise specifically provided:

A.    Offices for: lawyers, realtors, architects, engineers, accountants or tax consultants, and similar professional businesses; executive, administrative, professional, non-profit organizations; judicial, law enforcement or governmental agencies; banks or credit unions; commercial and civic organizations; public or private utilities; news media, sales; and similar functions or occupations.

B.    Research, design, development, and testing facilities for technological, scientific and business establishments, contained solely within completely enclosed buildings.

C.    Medical and dental offices, including outpatient clinics, medical laboratories, but not including veterinarian establishments.

D.    Hotels, auditoriums, theaters, display halls, art galleries, cultural centers, health or exercise clubs, courts, libraries, museums, or similar places of assembly.

E.    Data processing, computer programming, software development, and archival services.

F.    Miscellaneous business services such as consumer credit reporting agencies, mailing lists and stenographic service, business management and consulting services, lithographic, blueprinting and other document reproduction services etc.

G.    Commercial, business and/or technical schools and other training facilities located completely within an enclosed building.

H.    Banks, credit unions and similar financial services, excluding those with drive-up services (See below – Section 3.804).

I.    Studios for radio or television broadcasting, musicians, dancing instruction, photography and artists, including artisan fabrication, such as wood, glass or metal working, model making, rug weaving, lapidary work, and cabinet making, using only hand-held and/or table mounted manual and electric tools.

J.    Personal service establishments, such as, but not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors, barber shops, interior decorators, and photographers.

K.    Any retail business whose principal activity is the sale of new merchandise in an enclosed building, excepting uses such as the following, which tend to detract from or interfere with a high intensity of pedestrian activity: firearm sales, automobile sales, trailer coach sales, motorcycles sales, gasoline service stations, and other retail businesses which require a workshop for assembly, fabrication or repair for a successful operation. However, sales of packaged alcoholic beverages are prohibited unless otherwise permitted pursuant to Section 3.804 of this Zoning Ordinance.

L.    Retail dry cleaning establishments or pickup stations, provided that odorless cleaning fluid is used, all dry cleaning is limited to that material and clothing picked up over the counter of such premises.

M.    Restaurants, tea rooms, cafes, and other establishments serving food or beverages, including those with accessory outdoor seating, excepting those with drive-in or drive-thru facilities.

N.    Multiple-Family dwellings, either as the exclusive occupant of a building or as a mixed use with a permitted non-residential use.

O.    Day care facilities.

P.    Police and/or Fire stations.

Q.    Outdoor parks, playgrounds, skating rinks, tennis courts and passive recreation areas primarily for use of those residing, working or patronizing the businesses located within, this district. Outdoor concerts, broadcasts, plays or other outdoor entertainments are subject to Special Exception Permit, pursuant to Section 3.804 of the Zoning Ordinance.

R.    Indoor recreational facilities, places of amusement, entertainment, or recreation, such as dance halls, commercial or private clubs, discotheques, cabarets, bars, taverns, billiard or pool halls, bowling alley, or rental halls for meeting, banquets or social occasions, or similar indoor recreational uses shall not be located within 300 feet of a lot or site-condominium unit upon which a detached single-family residence is located.

BUILDINGS

A.    Multi-story off-street parking structures, provided their exterior appearance is generally obscured by other building areas from single-family dwellings and principal pedestrian/assembly areas and provided any exterior wall, of said parking structure, located within 300’ of and visible from a lot or site condominium unit upon which a detached single-family dwelling exists, shall be solid and/or otherwise improved, to the satisfaction of the Planning Commission, so as to prevent spillover of light and noise generated from within said parking structure from being observed from said residential property.

LANDSCAPING

B.    Property not utilized for buildings, structures, parking lots, decks, patios or other improved outdoor seating areas and/or improved roadways, driveways or walkways, and no less than 14% of the aggregate area, in addition to any landscape buffer required below at paragraph D, within the overall development located within this district shall be landscaped with living trees, shrubs, flowers, grass and/or ground cover. Wetland areas may be retained in their natural condition. All plant materials shall have access to a source of water for irrigation and shall be maintained in a healthy condition.

C.    Within the required setback from any property line adjacent to or separated by a street, right-of-way or similar easement for vehicular travel, from a lot or site condominium unit upon which a detached single-family residential dwelling exists, the following buffer shall be installed:

1.    A 4’ high berm (excepting approved passage-ways for pedestrian movement) landscaped with 1 tree and 1 shrub being provided for every 5’ of the lineal dimension of said buffer, with at least one-half of the required trees being an evergreen variety; OR

2.    if a interior roadway/driveway is located between the on-site buildings located nearest to the neighboring residential properties and the effected property line, then: a continuous (excepting approved passage-ways for pedestrian movement) 6’ high stone or masonry wall (to match exterior material of the nearest building), setback 5’ to 10’ from said interior roadway/drive on that side nearest the neighboring residential property, with 1 tree and 1 shrub, being predominantly provided between said wall and the effected property line, for every 10’ of the lineal dimension of said buffer, with at least one-half of the required trees being an evergreen variety; may be substituted for the landscaped berm described above at “(a)”.

D.    Except as provided above, all surface off-street parking lots shall be screened along their perimeter by a buffer strip of at least a ten-foot (10’) width, landscaped with at least one tree for every thirty feet (30’) of buffer strip length. The City Planning Commission may approve an alternative screening mechanism, such as a 42” high brick or stone (to match exterior material of related building) wall, during Site Plan Review.

E.    Except as provided above, for every 50’ along all streets, rights-of-way or similar easements for vehicular travel, one (1) or more tree(s), shall be provided, accented by provision of annual and/or perennial flowers.

F.    Evergreen trees shall be at least a 5’ height at the time of their planting. Large deciduous trees shall be at least a 2” caliper at the time of their planting. Ornamental deciduous trees shall be at least a 1 3/4” caliper at the time of their planting.

G.    The Planning Commission may modify or waive the minimum landscaping, buffering or wall requirements, when it determines that such a modification will serve the same intent and provide more effective circulation and traffic movement, or will enable a more reasonable and desirable building setting and site design.

LIGHTING

H.    Lighting shall provide for the safe and efficient illumination of a site in order to maintain vehicle and pedestrian safety, site security, and accentuate architectural details. However, awnings shall not be internally lit.

I.    Distinctive luminaries and decorative supportive structures may be employed along public streets given contribution to the Department of Public Utilities of replacement parts equal to or greater than 10% of the total luminaries and 5% of the total supportive structures installed.

PARKING

J.    Since the intent of this district is to promote dense development of land of an exceptional aesthetic quality, off-street parking shall be primarily provided within multi-level parking structures (see above paragraph #1, under accessory “BUILDINGS”). Surface off-street parking shall not exceed 10% of the required and actual parking provided for any building, and shall not be permitted within 25’ of A or B Street or within 10’ of any other street, right-of-way or similar easement for vehicular travel. Given a conclusive shared parking analysis, the aggregate number of required off-street parking spaces, shared between a number of different uses, may be reduced by the Planning Commission in the Site Plan Review process.

SIGNS

K.    All signs shall be designed so as to be integral and compatible with the architecture and landscaping components of the development, and are subject to Site Plan Review pursuant to Article 6, Chapter 20 of the Zoning Ordinance.

    Signs in the TC district shall comply with the requirements for signs in the C-2 district. See Article 1 for sign regulations.

STRUCTURES (other than buildings)

L.    Ornamental metal fencing, or brick walled enclosures, of up to an 8’ height. However, location of said fencing or walled enclosures shall not be within 10’ of any property line, right-of-way or similar easement unless specifically approved during Site Plan Review by the Planning Commission.

M.    Transformers, electrical or mechanical equipment and other similar permitted incidental equipment shall be mounted on the interior of a building wherever possible. Exterior location of such structures or equipment that may be visible from any street, right-of-way or similar easement for vehicular travel, or residential use, or district within which a residential dwelling is a permitted use, shall be setback at least 25’ from all streets, rights-of-way or ‘similar easement for vehicular travel and at least 15’ from any other property line, and shall be screened with either plantings or a durable non-combustible enclosure which are unified and harmonious with the overall architectural theme, and meet utility provider standards for location and maintenance.

N.    Communication antennas, wireless telecommunication antennas and similar incidental non-accessory antennas may be mounted within or upon existing buildings or structures, as provided for above. However, free-standing structure(s) supporting communication antennas, whether accessory or non-accessory, require Special Exception Permit, pursuant to Section 3.804 of the Zoning Ordinance.

O.    Loading docks and refuse collection facilities should be located within the envelope of the building they serve. Otherwise, loading docks and/or refuse collection enclosures shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Wherever possible, said loading docks and refuse collection enclosures shall be located on that side of the building opposite of, or as far removed as possible from, all neighboring residential uses and districts within which detached single-family residential dwellings are permitted. All screening shall be comparable in style and quality to the principal materials of the building and landscape and otherwise comply with Section 4.408 of this ordinance. Outdoor storage, excepting that referenced above, shall be strictly prohibited.

ACCESSORY USES

P.    An outdoor cafe service operated by an establishment that sells food and/or beverages for immediate consumption, located within the adjacent building may be permitted, subject to the following conditions:

1.    An outdoor cafe shall be located directly in front of or adjacent to the principal establishment. An outdoor cafe that extends beyond the building frontage of the principal establishment shall require the permission of those business owners who operate within the adjacent building frontage.

2.    If an outdoor cafe is located along a public or private sidewalk, or pedestrian pathway, a minimum of five (5) feet of unobstructed, pedestrian access along said sidewalk or path shall be maintained.

3.    An outdoor cafe shall be allowed only during normal operating hours of the principal establishment.

4.    The exterior of the premises shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be conducted inside of the principal establishment.

5.    The City shall not be held liable or responsible for any type of damage, theft or personal injury, which may occur as a result of a sidewalk cafe operation.

6.    All outdoor cafes shall comply with applicable laws and regulations of the City, County, and the State.

Q.    Interior storage, lounge, waiting room, laundry or similar use when ancillary to and within the same building as a Permitted Principal Use or a use permitted by Special Exception Permit, and occupying no more than 30% of the total useable floor area of the building.

R.    Characteristically quiet and non-odiferous outdoor entertainments or open air business uses, such as art or book fairs, book readings, skating rinks (without outdoor musical broadcasts) flower vendors, portrait painters, and similar activities when on private property located at least 300’ from a lot or site-condominium unit upon which a detached single-family residence is located, and when developed in planned relationship within the Town Center District, subject to Site Plan Review.

S.    Home occupations subject to the requirements of Section 2.536.

T.    Any use customarily incidental to the permitted use.

UTILITIES

U.    All exterior on-site utilities, and communication devices, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communications wires and equipment, shall be installed and maintained underground whenever possible.

V.    On-site underground utilities, and communication devices, shall be designed and installed to minimize disruption of off-site utilities, communication devices, paving, and landscape during construction and maintenance.

A.    Public utility buildings, telephone exchange buildings; electric transformer stations and substations; gas regulator stations with service yards, but without storage yards, as required to provide necessary services to the businesses and residents in the district.

B.    Wireless telecommunication or similar facilities requiring free-standing structure(s) supporting communication antennas. Such facilities shall be setback a distance equal to their height from all lots or site-condominium units upon which a detached single-family residential dwelling is located.

C.    Facilities incorporating drive-up services, including restaurants, banks, pharmacies, dry cleaners and other retail and service operations.

D.    Sales of packaged alcoholic beverages.

E.    Antique dealers.

F.    Retail stores or services, not otherwise permitted and conclusively found to be compatible with the intent of this District.

G.    Open air business uses as either a principal or incidental use, other than those otherwise permitted above, when developed in a planned relationship within the Town Center District, and subject to Site Plan Review.

H.    Outdoor entertainments, within areas designated for such use on an approved Site Plan, as either a principal or incidental use, other than those otherwise permitted above, including musical broadcasts or concerts, theatrical presentations, carnivals, dances or similar activities. Such outdoor entertainments shall not be located within 500 feet of a lot or site-condominium unit upon which a detached single-family residence is located.

Materials

Exterior materials shall be predominantly low maintenance face brick or stone, with ornamental metal accents. Pitched roofs shall have a metal surface or decking complimentary to the architectural detail of the building. No more than 10% of the exterior finish may be Dryvit, E.I.F.S. or similar material.

Building Facades

Building facades shall incorporate windows, arcades, recesses, balconies, projections, cornice work, decorative finish or similar features providing architectural interest and/or detail along appropriately substantial portions of their length. Blank walls shall not face a public plaza, street, sidewalk, right-of-way or similar easement for vehicular or pedestrian travel. Glass curtain walls and spandrel-glass strip windows shall not be used above the ground floor as the predominant style of fenestration for buildings in this district. This requirement shall not serve to restrict the use of atrium, lobby or greenhouse-type accent features used as embellishments to the principal building.

Storefronts shall be individually designed for each retail shop, and shall be integrally designed with the upper floors to be compatible with the overall facade character. Buildings with multiple storefronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage and lighting fixtures. Ground floor retail, service and restaurant uses shall have large pane display windows, however, such windows shall not exceed seventy-five (75) percent of the total ground level facade area.

Roof soffits shall be elaborated with decorative supporting brackets or other details.

Primary building entrances shall be recessed, or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the summer sun and winter weather, or otherwise clearly defined.

Special architectural features, such as bay windows, decorative roofs, colonnades or other covered walkways, trellises, canopies, fabric awnings and entry features may project into a required setback, provided that they are not less than eight (8) feet above any public or private walkway. Building setbacks shall be improved with seating, landscaping, pavers, tables, decorative lighting, water features and/or artworks. No such improvements shall encroach into a right-of-way or similar easement(s) for vehicular travel unless specifically authorized by a license agreement with the City and/or other entities favored by said easement(s).

Building Roofs

There shall be variations in roof lines to reduce the massive scale of the structure and add visual interest.

Parapets shall enclose flat roofs at least 42 inches high, or higher if required to conceal mechanical equipment. In instances where flat roof areas can be viewed from above, care should be taken that all roof vents, roof-mounted mechanical equipment, pipes, etc., are grouped together and painted to match roof color to reduce their appearance. Location of such mechanical equipment shall be as far removed from all neighboring residential uses as is possible.

Pedestrian Pathways and Sidewalks

Pedestrian pathway and sidewalk systems shall provide safe, all-weather, efficient, and aesthetically pleasing means of pedestrian movement between adjacent districts, as well as on-site circulation and shall be an integral part of the overall site design concept. Sidewalks are typically required along all roadways and elsewhere as determined necessary by the Planning Commission. Pedestrian pathway connections to parking areas, buildings, other amenities and between on-site and perimeter pedestrian systems shall be planned and installed wherever feasible. All paths and sidewalks shall be a minimum of five (5) feet in width, and paved pursuant to the City’s design standards. Sidewalks may be excluded from public rights-of-way where a permanent easement abutting said rights-of-way, of a dimension as determined by the City Engineering Division to be necessary to accommodate at least a 5’ wide sidewalk, is provided for public pedestrian use, in a form acceptable to the City Law Department that obligates the property owner to improve and maintain in perpetuity such easement pursuant to City standards, including all necessary repair and snow removal. Auto entrances to parking areas shall be located to minimize pedestrian/auto conflicts.

Street Design

Streets, or similar easements for vehicular travel, shall comply with the requirements of the City Engineering Division and all Design Standards provided by Sections 106-126 through 106-132 of City Code. Typically, streets, or similar easements for vehicular travel which intersect with a State or County rights-of-way, or other A or B Streets shall be considered Collector Streets with respect to said design standards. However, the City Planning Commission, subsequent to their consideration of the recommendations of the City’s Engineering Division and Traffic Safety Committee, may modify said standards, pursuant to Section 106-4 of City Code.

A.    The minimum gross area required for application of the provisions of this Town Center District shall be 25 acres and subject to coordinated ownership or control.

B.    Al buildings and off-street parking areas shall be setback from rights-of-way or similar easements for vehicular travel or pedestrian movement at least:

1.    15’ from any A or B Street;

2.    25’ from any property line adjacent to or separated by a street, right-of-way or similar easement for vehicular travel, from a lot or site condominium unit upon which a detached single-family residential dwelling exists; and

3.    Within any and all given block(s), the equivalent of 20% of the building street frontage shall be setback 30’ OR 25% shall be setback 24’ OR 50% shall be setback 12’ OR 100% shall be setback 6’ to provide opportunities for landscape enhancement, seating or passive recreation areas to be incorporated within the streetscape.

C.    All interior roadways shall be setback at least 25’ from any property line adjacent to or separated by a street, right-of-way or similar easement for vehicular travel, from a lot or site condominium unit upon which a detached single-family residential dwelling exists.

D.    No visual obstruction shall be permitted between 30” and 8’ above grade, in a manner that would interfere with traffic visibility:

1.    Within twenty-five feet (25’) of the intersection of all streets, rights-of-way or similar easement(s) for vehicular travel; or

2.    Within ten feet 10’ of the intersections of a driveway with a street or alleyway, or similar easement for vehicular travel. However, where volumes and/or speed of traffic are exceptionally low, and after consideration of a recommendation of the City’s Traffic Safety Committee, the Planning Commission may reduce the required clear vision dimension specified in above paragraph “a” from twenty-five feet (25’) to no less than ten feet (10’).

E.    No building shall be less than 30’ in height. Furthermore, all structures and buildings, or portion(s) thereof, shall be setback a distance equal to or greater than 2 times their height, from all lots or site-condominium units upon which a detached single-family residence is located. Building height is also subject to the requirements of the Federal Aviation Administration (FAA).

F.    The distance between buildings, and portions (see above illustration of acceptable building step back) or attachments thereto, shall not be less than twenty (20) feet; and wherever the average height of two buildings exceeds forty feet (40’) the minimum separation between said buildings shall be increased by one (1) additional foot for every five feet (5’) said average height exceeds forty feet (40’).

G.    The required minimum useable floor area per dwelling unit shall be as follows:

A.    Preliminary Site Plan – As a preliminary step toward Site Plan approval regarding contiguous property under common ownership or control located within the Town Center (TC) District, an applicant may present to the Planning Commission, a Preliminary Site Plan within which the applicant specifically identifies certain aspects of said Preliminary Site Plan for which the applicant is seeking the Planning Commission’s approval. The applicant shall follow the Site Plan Review requirements of this Zoning Ordinance with respect to all aspects of said Preliminary Site Plan for which the applicant is seeking approval, while providing less detail with respect to the other aspects of the proposed development than would be necessary for Site Plan approval.

    The Planning Commission shall review the Preliminary Site Plan to determine whether it meets the intent of the TC District and whether the applicant’s specified aspects of the Preliminary Site Plan satisfy the applicable standards and requirements of the City’s Zoning Ordinance, Subdivision Ordinance, Woodlands Preservation Ordinance or other applicable provisions of City Code. The Planning Commission may then approve, approve with conditions or reject the proposed Preliminary Site Plan expressing in writing and/or drawings as to the findings of fact and the reason for the decision, with a statement of any conditions or limitations to which an approval is subject. Those aspects so approved by the Planning Commission may be unaltered in subsequent Site Plans duly submitted by the applicant within five (5) years (unless said period has been duly extended) of the Planning Commission’s approval of said Preliminary Site Plan, as necessary to proceed with the proposed development. An extension for a specified period may be granted by the City Planning Commission upon good cause shown if such request is made to the City Planning Commission at the time of application or afterwards.

B.    Site Plan Review – The Planning Commission shall review and approve, approve with conditions, or reject the proposed Site Plans of all proposed development in accordance with all applicable standards and requirements of the City’s Zoning Ordinance, Subdivision Ordinance, Woodlands Preservation Ordinance, and other applicable provisions of City Code. A Site Plan that complies with the specifically approved aspects of a Preliminary Site Plan, which has been approved by the Planning Commission within the past five years (unless said period has been duly extended), and with all other applicable standards and requirements of City’s Zoning Ordinance, Subdivision Ordinance, Woodlands Preservation Ordinance and other applicable provisions of City Code, which are not in conflict with said specifically approved aspects of said Preliminary Site Plan, shall be approved.

    Where a Site Plan proposes phased construction over a period of several years, a phasing plan shall be included with said Site Plan that identifies the extent of each phase as well as its estimated date of commencement. Each successive phase may rely upon the previous phase(s), but not upon future phases, for necessary infrastructure, off-street parking or other improvements necessary to comply with the City’s development regulations and to ensure protection of the health, safety and welfare of the residents and businesses therein, as well as the general public. To ensure completion of required improvements, the City is authorized to impose performance guarantees or require a cash or surety bond or irrevocable letter of credit acceptable to the City in an amount determined to be sufficient to complete the improvements provided for in a given Site Plan. Construction shall be commenced within one (1) year following Site Plan approval by the Planning Commission and phases of said development shall proceed substantially in conformance with the schedule set forth by the applicant as a representation during Site Plan Review. If construction is not commenced within such time, or if phases of said development do not proceed substantially as approved, the Site Plan shall expire and be null and void. However, an extension for a specified period may be granted by the City Planning Commission upon good cause shown. Moreover, in the event approval of the Site Plan has expired, the City Planning Commission shall require a new application and appropriate fee that shall be reviewed in light of an approved Preliminary Site Plan and then existing and applicable ordinance provisions.

This District is dedicated solely to the 127+ acres of the Silverdome site bounded by Featherstone Road, Opdyke Road, M-59 and the CN Railroad to the West. This site is designated in the City’s Master Plan as an opportunity site for the City to attract quality development of a diverse nature, with some level of flexibility reflecting the current market conditions and cater to the demands of the new knowledge based economy.

The prime location of the site at the intersection of major highways and streets is appropriate for a single use or a mixed use development with retail, office, residential, high tech industrial uses, recreational, educational, cultural and entertainment activities.

Regulations are intended to create a place that represents a unique, attractive and memorable destination, enhance the community character through high quality urban design along with regulations to provide adequate protection for the health, safety and general welfare of residents. Pedestrian oriented development and open space within the development is encouraged and highly desirable.

The following uses (refer to table of uses also) shall be permitted as a standalone operation and/or combined with any of the same to provide a mixed use development pursuant to site plan approval. Any use not expressly permitted is prohibited unless the Planning Commission finds that the proposed use has sufficiently similar characteristics to uses that are permitted.

A.    Multiple family or attached residential development as an exclusive use or as a mixed use with a permitted non-residential use, subject to the following:

1.    Single and multi-tenant offices – professional, administrative, sales, marketing, corporate, clerical, medical etc.

2.    Banks, credit unions, and other financial institutions excluding drive thru facilities.

3.    Educational institutions, trade and vocational schools, colleges, universities and other such institutions of higher learning.

B.    Hospitals subject to the following conditions:

1.    The minimum building setback shall be one hundred (100) feet from Featherstone and Opdyke Roads.

2.    Ambulance and delivery areas shall not be located in the front yard and shall be appropriately screened from adjacent uses and from public or private right-of-ways.

C.    Convalescent homes, nursing homes and out-patient medical/dental clinics.

D.    Independent or congregate care, adult and child day care centers.

E.    Retail businesses which supply commodities on the premises for sale directly to customers within completely enclosed buildings such as but not limited to drugs, food, groceries, clothing, jewelry, boutiques, shoes, house wares, furniture and hardware stores.

F.    Personal service establishments such as watch and jewelry repair, shoe repair shops, beauty and barber shops, seamstress, dry cleaning establishments.

G.    Research, design and technology uses including testing laboratories for technological, scientific and business establishments.

H.    Indoor entertainment and recreation facilities such as bowling alleys, skating rinks, water sports, stadiums, arenas, sports facilities, non-adult regulated movie theatres, opera houses, concert halls, and other places of assembly.

I.    Movie, radio, television, photography, dance, music and artist studios, health clubs and exercise studios.

J.    Public or private clubs or lodges.

K.    Hotels, motels and conference centers.

L.    Banquet halls, nightclubs, bars, taverns, restaurants with or without outdoor seating and other establishments that serve food and beverages for consumption on the premises excluding drive-thru services.

M.    Police and fire stations, library facilities, museums, art galleries, government and municipal uses.

N.    Outdoor parks, playgrounds, and passive recreation areas.

O.    Other uses of a similar nature within an enclosed building, if determined by the Planning Commission to be no more detrimental than other permitted principal uses.

A.    Buildings, structures and uses customarily incidental to the operation of a permitted use.

B.    Temporary buildings or trailers for marketing offices only during construction periods.

C.    Home occupations subject to the requirements of Section 2.536.

D.    Off street parking and loading areas- subject to the provisions of Article 4, Chapter 3 unless a different provision is specified herein.

E.    Required number of off-street parking spaces shall be determined on the basis of a shared parking analysis conducted by a traffic engineer/parking consultant.

F.    On-street parking on the interior streets may be counted towards meeting the shared parking requirement.

Uses requiring planning commission special exception permits are special exceptions that require some measure of individualized considered judgment and the imposing of conditions in order to make them compatible with the permitted principal uses in that district. The following uses are permitted by a special exception permit.

A.    Detached one family residential dwellings.

B.    Open air theaters for concerts or other outdoor entertainment venues and outdoor recreation facilities such as golf courses, mini golf, driving range, water sports, winter sports, tennis courts, skating rinks etc.

C.    Amusement Parks.

D.    Any permitted use providing drive-thru service such as fast food restaurants, banks, pharmacies, dry cleaning services, etc. subject to Section 2.535.

E.    Riding academies and hunt clubs setback at least two hundred (200) feet from any residential use and major streets or freeway.

F.    Casinos or any other type of gambling venues subject to voter approval at the State and local level in compliance with Article 4, Section 41 of the Michigan Constitution, MCLA 432.206 and issue of Casino License from the Michigan Gaming Control Commission.

G.    Horse racing stadiums or other race tracks subject to:

1.    A setback of at least two hundred (200) feet from any residential use and/or from major streets or freeway.

H.    Veterinary hospitals.

I.    Light manufacturing uses.

1.    Industrial developments shall be permitted only as part of a ‘Planned Industrial Park’ in a campus like setting, with a minimum twenty five (25) feet wide greenbelt along major thoroughfares or internal streets. Planting within the greenbelt shall be in accordance with Section 4.407.

2.    The building materials, architectural and site design of all buildings shall be compatible with the development of the entire site.

3.    Compliance with performance standards specified in Article 4, Chapter 7 for sound, vibration, odor, gasses, glare, heat and electromagnetic radiation, smoke, dust, dirt and fly ash.

4.    Area, height, bulk and placement regulations shall comply with the requirements applicable in the IP-1 District.

J.    Vehicle sales (Used and new), only as a planned automobile sales campus. Standalone auto sales and servicing facilities shall be discouraged. Only minor auto servicing as an incidental use shall be permitted.

K.    Gas stations if located on and having direct access to an A Street.

L.    Warehousing, wholesale and distribution facilities.

M.    Automobile parking structures subject to the following conditions:

1.    Views into the parking structure interior except for elevator towers or stairwells shall be minimized. Facades of parking structures shall be designed without continuous horizontal parking floor openings. Decorative architectural elements that will screen the view of parked cars in the structure shall be provided on all exterior openings.

2.    Building materials and architectural design of the parking structures shall be compatible with the architectural character of buildings within the development.

N.    Bus or train passenger stations.

O.    Sales of Packaged alcoholic beverages, subject to Section 2.515 except distance shall be measured from the building in question rather that the property line of the entire site.

P.    Limited amount of accessory outdoor storage of vehicles, customarily incidental to the permitted uses, not to exceed 20% of the site area occupied by the principal use, may be permitted by the Planning Commission only in the rear or side yard if determined to be essential to the conduct of business and only if screened from adjacent uses and right-of-ways by a 6’ high masonry wall or equivalent.

Q.    Outdoor sales and/or display of merchandise for sale.

R.    Telecommunication and utility equipment, cell phone towers, antennas, satellite dishes, wireless communication equipment, public utility buildings and alternative energy devices such as wind turbines, solar panels etc. as required to serve the development, subject to the following conditions:

S.    Antennas and/or other communication equipment shall be located on top of buildings where possible. Free standing communication towers shall comply with FAA requirements and shall have a clear space all around it equal to at least the height of the structure.

It is the intent of this District to provide an environment of high quality, superior architecture and site design. Special emphasis shall be placed upon methods that tend to reduce the large scale visual impact of buildings, to encourage tasteful imaginative design for individual buildings and to create a complex of buildings compatible with the streetscape and surrounding development.

Signage, lighting, landscaping and building materials for the exterior of all structures and other features of the project shall be designed and completed with the objective of achieving an integrated and controlled development.

A.    Miscellaneous Design Criteria

1.    The development shall consist of standalone or mixed use buildings rather than a ‘strip center’ unless it is demonstrated by the applicant that such a development would conserve more open space, be more desirable, responsive to current market conditions and beneficial to the City.

2.    Multiple building entries for first floor retail uses shall be readily identifiable and accessible with at least one (1) main entrance facing and open directly onto a connecting walkway with pedestrian frontage.

3.    Architecture will be evaluated based on its compatibility and relationships to the other buildings in the development.

4.    Residential dwellings shall not occupy the first floor or below grade level of a mixed use building, nor shall retail/office uses be located above residential uses.

B.    Building Massing and Form

1.    Architectural interest shall be provided with repetitious patterns of color, texture and material modules. Building facades shall incorporate windows, recesses, projections, decorative finish or similar features providing architectural interest and/or detail along substantial portions of the building frontage. Atriums, lobbies, glass elevator shafts or other accent features may be used as embellishments to the principal building.

2.    A minimum of 50% of the street facing building facade for shop fronts at the pedestrian level must comprise of clear windows. The City discourages the use of blank facades along street frontages. Buildings with multiple store fronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures.

C.    Materials

1.    Exterior materials shall be predominantly low maintenance brick, stone or similar materials. The use of Exterior Insulation and Finish Systems (EIFS) or similar synthetic materials shall be used only as an accent material at a height of 8 feet above grade level and may not cover more than 10% of the total wall area of any facade.

2.    Other suitable materials may be substituted for the brick or stone if determined to be more appropriate during site plan review.

D.    Building Roofs

1.    All roof vents and roof mounted mechanical equipment shall be screened from view.

2.    Where practical there shall be variations in roof lines to reduce the massive scale of the structure and add visual interest. Green roof systems are strongly encouraged.

E.    Loading Docks, Dumpsters, Refuse Collection Areas and Outdoor Storage

1.    Loading areas and trash receptacles shall be located in the rear or side yards only and shall be screened from the right-of-way and adjacent properties by a six (6) feet high masonry wall as per Section 4.408 or a twenty (20) feet wide landscaped buffer type B, Section 4.405.

2.    Outdoor storage of equipment or materials is prohibited, except as prescribed under Section 3.904.

3.    Exterior transformers, electrical equipment and other exterior mounted electrical equipment shall be screened from public view by plantings or screen walls as deemed necessary.

F.    General Site Design Standards

1.    Green Building and energy efficient buildings and site development is encouraged. Use of LEED (Leadership in Energy and Environmental Design) certified Green Buildings will result in incentives provided to the developer for increased density, parking, modification of landscape standards etc. as determined by the Planning Commission during site plan review.

2.    Pedestrian walkways, bike paths, open spaces, sculpture, art work and street furniture are encouraged throughout the development to promote a pedestrian friendly and walkable environment.

3.    A minimum of twenty-five (25) feet wide landscaped berm or buffer strip shall be provided along Featherstone and Opdyke Roads, planted with plant material in accordance with Section 4.406. Trees may be clustered or spaced at regular intervals in the buffer area.

4.    A minimum of 10% of the entire site shall be landscaped.

5.    No parking shall be permitted within the twenty-five (25) feet wide landscaped area along Featherstone and Opdyke Roads.

6.    Traffic Impact Studies may be required by the planning commission to determine the impact of traffic on adjacent uses, streets and traffic patterns.

7.    A noise study may be required for any use to determine the impact of noise on adjacent properties. The noise level shall not exceed 65 decibels adjacent to any residential use.

8.    Sidewalks, greenbelts, street trees and street lighting shall be provided along all interior streets within the development in accordance with the requirements of the City Engineering Division. Sidewalks shall have a minimum width of 5 feet.

9.    Single family detached Residential uses shall be buffered from other non-residential or mixed uses by means of a twenty (20) feet wide landscaped buffer type B with planting as described in Section 4.405.

A.    Building setbacks along Featherstone, Opdyke Road and M-59 shall be a minimum of fifty (50) feet.

B.    Buildings having frontage on the interior streets may be built to the property lines (0’ feet setback) along interior streets except for single family detached residential development the front setback shall be twenty-five (25) feet.

C.    For detached single family residential development the area, height and bulk standards applicable in the R-1 district shall apply. For multiple family and attached residential uses the area, height and bulk standards applicable in the R-3 district shall apply.

D.    Space between buildings shall be equal to half the average height of the adjacent buildings (height measured at the exterior walls of buildings on each side) with a minimum distance of twenty (20) feet between buildings.

E.    No visual obstruction shall be permitted within twenty-five (25) feet of the intersection of all street right-of-ways.

F.    Required minimum floor area per residential dwelling unit for mixed uses shall be 800 square feet.

G.    All regulations of the conventional zoning district in which a particular use falls shall be applicable unless specifically mentioned. When a conflict exists in the applicable standards specified in other districts, the standards specified in the SP District shall prevail. The Planning Commission shall be authorized to resolve any ambiguity relating to applicable standards during site plan review.

A.    The Planning Commission shall review and approve or reject the Master Site Plan (MSP) for the development of the entire site, in accordance with the site plan procedures and standards of this ordinance. The Planning Commission may modify the architectural standards and guidelines if modifications are determined to be necessary to accomplish the development goals of the City during Site Plan Review. The Planning Commission shall provide reasons and justification for the modification of the standards.

B.    The proposed development shall be under one ownership and/or control such that there is a single entity responsible for completing the project in conformity with the approved Site Plan. This provision shall not prohibit the transfer of ownership to a different entity upon notice to the City.

C.    The review process shall consist of two phases:

1.    Preliminary Plan: The applicant shall submit a conceptual Site Plan for the entire site (MSP) for review by the Planning Commission. The Planning Commission shall review the conceptual plan and reject or approve the Master Site Plan (MSP) with conditions. The Preliminary Site Plan shall be valid for a period of one (1) year. If final Site Plan is not submitted within this time period the Preliminary Site Plan shall lapse and the applicant will need to recommence the review process.

2.    Final Plan: Following Preliminary Site Plan Approval the applicant shall submit within one (1) year a Final Site Plan incorporating all details and conditions of the preliminary site plan approval. Deviations from the preliminary plan approval shall be noted on the final plan and shall be subject to Planning Commission approval.

3.    The approved Site Plan shall be valid for three (3) years from date of approval. If no construction is started within this period the site plan approval shall lapse and the applicant will need to recommence the preliminary and final site plan review process.

4.    Where a project construction is proposed to be phased, the planning and design shall be such that upon completion each phase shall be capable of standing on its own in terms of utilities, services and open space; and shall contain necessary components to ensure protection of health, safety and welfare of the users and residents of the surrounding area.

A.    The applicant shall post a Performance Guarantee with the City prior to commencement of any construction activity to ensure completion of site work in accordance with an approved site plan.

B.    The applicant shall submit a signed and sealed estimate of the required site work by a licensed engineer, surveyor, architect or contractor. The performance guarantee shall be in an amount sufficient to complete the required site work based on the estimated cost of site improvements.

    The Performance Guarantee, subject to acceptance to the City, shall be in the form of cash, certified check, surety bond or irrevocable bank letter of credit. The performance guarantee shall be released upon completion of site work in accordance with the approved site plan, failing which the amount will be forfeit.

The intent of this district is to provide specific locations for public or private off-street parking for those uses which are not able to provide adequate on-site parking or parking within their own district boundaries.

Premises in such districts shall be used for an off-street vehicular parking area and shall be developed and maintained according to regulations in Article 4, Chapter 3 and subject to such regulations as are hereinafter provided:

A.    The parking area shall be accessory to, and for use in connection with one or more businesses or industrial establishments located in adjacent nonresidential districts.

B.    The parking area shall be used for parking or passenger vehicles, for incremental periods of less than one day.

C.    No commercial repair work or service of any kind, sale or display thereof, shall be conducted in such parking area.

D.    No signs of any kind, other than signs designating entrances, exits and conditions of use shall be maintained on such parking areas.

E.    Such parking lots shall be situated on premises on premises which have an area of not less than 5000 square feet and shall be contiguous and adjacent to the use it is intended to serve. There may be a private driveway, a public street other than a major or urban thoroughfare as defined in the master thoroughfare plan or public alley between such parking district and the use that it intends to serve. P-1 districts may also be permitted within 300 feet of the use they are intended to serve, provided these additionally permitted P-1 districts are not located across a major or urban thoroughfare, super highway, or freeway, as defined in the master thoroughfare plan, from such use unless a suitable pedestrian crossing exists or can be provided such as an overpass, underpass or controlled signalized crossing.

A.    No building other than those for shelter of attendants may be erected upon the premises and shall not exceed 50 square feet in area or ten feet in height.

B.    Walls, fences where permitted, landscape buffers and planting in accordance with regulations set forth in Article 4, Chapter 4.

A.    Where the P-1 district is contiguous to a residentially zoned district and has a common frontage on the same block with residential structures, there shall be a setback equal to the required residential setback (25 feet) and a Type B buffer (see Article 4, Chapter 4). The land between such setback and street right-of-way line shall be kept free from refuse and debris and shall be planted with shrubs, trees, or lawn and shall be maintained in a healthy growing condition, neat and orderly in appearance. Planting shall be in accordance with Section 4.406.

B.    All regulations set forth in Article 4, Chapter 3 shall apply.

The planning commission shall review and approve or reject the site plans for all proposed parking lots in accordance with the standards and requirements of this ordinance, as set forth in Article 6, Chapter 2.

The purpose of the Medical Marihuana Overlay District (MMOD) is to provide for the placement of medical marihuana-related uses as authorized pursuant to State regulations with a goal of minimizing potential adverse impacts on adjacent property owners, neighborhoods, and the City.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

The following medical marihuana uses in the Medical Marihuana Overlay Districts, provided the development also meets the design and building standards set forth in Section 3.1112 and Article 2, Chapter 5, Development Standards for Specific Uses:

A.    Provisioning center;

B.    Safety compliance facility;

C.    Secure transporter;

D.    Grower; and

E.    Processor.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

A.    Off-street parking, loading and unloading as required per Section 4.307; and

B.    Any use that is not incidental to the permitted principal use.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

All medical marihuana uses are subject to site plan review set forth in Section 6.202.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

All operators of medical marihuana facilities must obtain State of Michigan and City of Pontiac licenses.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

Medical marihuana uses outside the Medical Marihuana Overlay Districts are subject to Planning Commission approval following the standards for approval of Section 6.303 for special exception permits, and Article 2, Chapter 5, Development Standards for Specific Uses.

(Ord. No. 2363, 4-9-19)

For consideration of medical marihuana uses by the Planning Commission, the Commission shall review each application for the purpose of determining that each medical marihuana facility on its location will:

A.    Not impact surrounding residential neighborhoods.

B.    Provide easy access for patients with accessible parking.

C.    Be adequately served by utilities with sufficient capacity.

D.    Corridors and streets have the capacity to accommodate potential increases in traffic volumes.

E.    Demonstrate a safe and secure environment, and uphold the public welfare of the community.

F.    Not add unintended or impromptu costs to City and municipal services.

G.    Comply with Section 6.303, Standards for Approval.

(Ord. No. 2363, 4-9-19)

Medical Marihuana Overlay District boundaries are established on the Medical Marihuana Overlay District maps. The Medical Marihuana Overlay District maps may be a single sheet or composed of several map sheets and shall be kept on record in the City of Pontiac Clerk and Building Safety offices.

The medical marihuana uses permitted in the MMOD must meet the following requirements:

A.    OVERLAY No. 1. All properties along Walton Blvd. and streets north of Walton Blvd., but not including areas north of Collier Road between the west side of Telegraph Road to Fuller Street, including those contained within Overlay Map 1 for this MMOD.

1.    Not more than five licenses to operate a provisioning center shall be awarded in this Overlay District No. 1.

B.    OVERLAY No. 2. All properties along Cesar Chavez, starting from the Kennett Road Landfill and areas south to Cesar Chavez to W. Montcalm St.

1.    Not more than five licenses to operate a provisioning center shall be awarded in this Overlay District No. 2. See Overlay Map 2 for this MMOD.

C.    OVERLAY No. 3. All properties within C-2 Downtown District. Not more than five licenses to operate a provisioning center shall be awarded in this Overlay District No. 3.

    The overlay district is an effective regulatory tool to implement the establishment of medical marihuana businesses in the City of Pontiac. An overlay district is applied over one or more previously established zoning districts, establishing additional or stricter regulations, standards and criteria for medical marihuana uses in addition to those of the underlying zoning district.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1106)

In addition to MMOD locations as described in Section 3.1108, all medical marihuana uses, excluding medical marihuana grower and processor, are permitted in C-1, C-3, C-4, M-1 and M-2 districts subject to all requirements under this chapter, including but not limited to Section 3.1110, Buffer Distance Restrictions. There shall be no more than five medical marihuana provisioning centers allowed in all of C-1, C-3 and C-4, zoning districts combined, and shall be awarded based on the highest scoring applications received for those proposed qualifying locations that are not in one of the three overlay districts described in Section 3.1108.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1107)

A.    The proximity of the proposed medical marihuana facility shall not be less than:

1.    One thousand feet from an operational public or private school;

2.    Five hundred feet from an operational commercial childcare organization (non-home occupation) that is licensed and registered with the State of Michigan Department of Health and Human Services or its successor agency;

3.    Five hundred feet from a public park with playground equipment;

4.    Five hundred feet from a religious institution that is defined as tax exempted by the Oakland County Assessor; and

5.    Applicable only for properties located in a C-1, C-3, C-4, M-1 and M-2 zoned properties located outside the Medical Marihuana Overlay Districts:

i.    Two hundred fifty feet from a residentially zoned property. Notwithstanding anything contained within subsection (B) of this section to the contrary, such distance between a residentially zoned property and the contemplated location shall be measured at right angles.

B.    Such distance between the school, childcare center, public park, or religious institution, and the contemplated location shall be measured along the centerline of the street or streets of address between two fixed points on the centerline determined by projecting straight lines at right angles to the centerline from the primary point of ingress to the school, childcare center, or religious institution, residential dwelling unit or from the playground equipment in a public park, and from the primary point of ingress to the medical marihuana facility along the centerline to the primary street address building entrance.

1.    Vacant residentially zoned lots shall be measured to the side yard setback as defined in Article 2, Chapter 3, and Section 2.301, Summary of Dimension Standards.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1108)

A.    Consistent with the MMFLA and rules promulgated by the Department, any combination of growers, provisioning centers, and processors may operate as separate medical marihuana facilities at the same physical location;

B.    Consistent with the MMFLA and rules promulgated by the Department, applicants for class C growers permits shall be allowed to receive multiple such permits and operate under each permit in a single facility.

C.    Consistent with the MMFLA, any combination of grower, processor, and provisioning centers may operate as separate medical marihuana facilities in the same physical location. Provided, that the provisioning center is incidental to the principal use and does not exceed 20 percent of the total floor area of the establishment.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1109)

A.    Building and design improvements must comply with the underlying zoning requirements of Article 2, Chapter 4, Private Frontage Design Standards, and the specific uses development standards outlined in Article 2, Chapter 5.

B.    If the provisions of the MMOD are silent on building and design requirements, the requirements of the underlying district shall apply.

C.    If the building and design requirements of the MMOD conflict with the requirements of the underlying district, then the building and design requirements of the MMOD shall supersede the underlying district regulations.

D.    Odor shall be managed through the installation of activated carbon filters on exhaust outlets to the building exterior from any rooms used for production, processing, testing, selling, research and warehousing. Negative air pressure shall be maintained within the rooms.

E.    An alternative odor control system may be approved by the Pontiac Building Official based on a report by a registered mechanical engineer licensed by the State of Michigan, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.

F.    Generators must be installed to operate the air filter system in case of power outage or failure.

G.    Any lighting device with intermittent fading, flashing, blinking, rotating or strobe light illumination is prohibited on any medical marihuana building, structure or property located inside the Medical Marihuana Overlay Districts or a medical marihuana building, structure or property located outside the Medical Marihuana Overlay Districts.

H.    Luminous tube lighting (e.g., neon, rope lighting) shall not be used to outline or frame doors and/or windows.

I.    Luminous tube and exposed bulb fluorescent lighting is prohibited as an architectural detail on all building/structures (e.g., along the roof line, eaves) and on all building facades.

J.    Exterior site lighting must be installed in site parking areas, egress, and ingress areas. Lighting must be compliant with Article 4, Chapter 5.

K.    It shall be prohibited to display any signs that are inconsistent with State or local law, and Article 5.

L.    It shall be prohibited to use the symbol or image of a marihuana leaf or the medical “green cross” symbol in any exterior building signage.

M.    The following sign language is not permitted on any medical marihuana facility use: Marihuana, Marijuana, Cannabis, Ganja, Dope, Roach, Hash, Reefer or any other word/phrase with similar likeness.

N.    All medical marihuana facilities must comply with all applicable City ordinances and state and federal law including, but not limited to, the building code and fire code.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19; Ord. No. 2443, 5-28-24. Formerly 3.1110)

A.    The Planning Commission shall be the special exception and site plan review authority for the permitted medical marihuana uses outside the Medical Marihuana Overlay Districts and site plan review authority for medical marihuana uses in the Medical Marihuana Overlay Districts.

B.    Medical marihuana uses must be in accordance with the special exception permit review standards contained in Article 6, Chapter 3.

C.    A special exception permit for medical marihuana uses requires public notice of 500 feet from the proposed medical marihuana facility.

D.    All permitted medical marihuana uses must be in accordance with the uses and development standards outlined in Article 2.

E.    Within the MMOD all requirements of the underlying districts remain in effect, except where these regulations provide an alternative to such requirements.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1111)

The purpose of the Adult-Use Marihuana Business Overlay Districts is to provide for the placement of adult-use marihuana business establishments and related uses as authorized in accordance with the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and the City’s adult-use marihuana business ordinance, so as to protect the public health, safety, and welfare of residents of the City and to minimize potential adverse impacts on adjacent property owners and neighborhoods.

(Ord. No. 2407, 4-4-23)

Except as otherwise provided or restricted by this ordinance, the City’s adult-use marihuana business ordinance and the regulations promulgated thereunder, the following adult-use marihuana business uses are authorized in the Adult-Use Marihuana Business Overlay Districts, provided the development also meets the design and building standards set forth in Section 3.1212 and Article 2, Chapter 5, Development Standards for Specific Uses:

A.    Retailer;

B.    Social equity retailer;

C.    Safety compliance facility;

D.    Secure transporter;

E.    Grower;

F.    Processor;

G.    Class A marihuana microbusiness;

H.    Designated consumption establishment;

I.     Temporary marihuana event.

(Ord. No. 2407, 4-4-23)

A.    Off-street parking, loading and unloading as required per Section 4.307; and

B.    Any use that is not incidental to the permitted principal use.

(Ord. No. 2407, 4-4-23)

All adult-use marihuana business uses are subject to site plan review set forth in Section 6.202.

(Ord. No. 2407, 4-4-23)

All operators of adult-use marihuana businesses listed in Section 3.1202 must obtain State of Michigan license and applicable City of Pontiac permits, including but not limited to adult-use marihuana businesses, building, and zoning.

(Ord. No. 2407, 4-4-23)

For consideration of adult-use marihuana business uses by the Planning Commission, the Commission shall review each application for the purpose of determining that each adult-use marihuana business on its location will satisfy the following criteria:

A.    The adult-use marihuana business will not impact surrounding residential neighborhoods.

B.    The adult-use marihuana business will provide easy access for persons with accessible parking.

C.    The adult-use marihuana business will be adequately served by utilities with sufficient capacity.

D.    The corridors and streets surrounding the adult-use marihuana business will have the capacity to accommodate Adult-Use Marihuana Business Overlay District’s potential increases in traffic volumes.

E.    The adult-use marihuana business will demonstrate a safe and secure environment and uphold the public welfare of the community.

F.    The adult-use marihuana business will not add unintended or impromptu costs to City and municipal services.

G.    The adult-use marihuana business will comply with Section 6.303, Standards for Approval.

(Ord. No. 2407, 4-4-23)

Adult-Use Marihuana Business Overlay District boundaries are established on the Adult-Use Marihuana Business Overlay District maps. These overlay districts are part of the City of Pontiac Zoning Map. The Adult-Use Marihuana Business Overlay District maps may be a single sheet or composed of several map sheets and shall be kept on record in the City of Pontiac Clerk and Building Safety offices.

The adult-use marihuana business uses permitted in the Adult-Use Marihuana Business Overlay District must meet the following requirements:

A.    East Walton Overlay District (Overlay District 1). All properties along Walton Boulevard and streets north of Walton Boulevard, but not including areas north of Collier Road between the west side of Telegraph Road to Fuller Street, including those contained within Overlay Map 1 for this Adult-Use Marihuana Business Overlay District.

1.    Not more than seven permits to operate an adult-use marihuana retailer and/or adult-use social equity retailer shall be awarded in this Overlay District No. 1. See Overlay Map 1 for this Adult-Use Marihuana Business Overlay District.

B.    Cesar Chavez District (Overlay District 2). All properties along Cesar Chavez, starting from the Kennett Road Landfill and areas south to Cesar Chavez to W. Montcalm Street.

1.    Not more than seven licenses to operate an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be awarded in this Overlay District No. 2. See Overlay Map 2 for this Adult-Use Marihuana Business Overlay District.

C.    Downtown Overlay District (Overlay District 3). All properties within Downtown District.

1.    Not more than six permits to operate an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be awarded in this Overlay District No. 3. See Overlay Map 3 for this Adult-Use Marihuana Business Overlay District.

2.    In addition, designated consumption establishments shall be limited to Downtown Adult-Use Marihuana Business Overlay District, with a maximum of three designated consumption establishments permitted north of Huron Street and a maximum of three designated consumption establishments permitted south of Huron Street.

D.    Woodward Gateway Overlay District (Overlay District 4). All properties located along Woodward Avenue that are depicted within Overlay Map 4 (Starting from Huron Street and continuing south along Woodward and ending south of South Boulevard).

1.    Not more than three licenses to operate an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be awarded in this Overlay District No. 4. See Overlay Map 4 for this Adult-Use Marihuana Business Overlay District.

The overlay district is a regulatory tool to implement the establishment of adult-use marihuana businesses in the City of Pontiac. An overlay district is applied over one or more previously established zoning districts, establishing additional or stricter regulations, standards and criteria for adult-use marihuana business uses in addition to those of the underlying zoning district.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

A.    Except in the Downtown Overlay District, a proximity of any proposed adult-use marihuana businesses shall not be less than:

1.    One thousand (1,000) feet from an operational public or private school;

2.    Five hundred (500) feet from an operational commercial childcare organization (non-home occupation) that is licensed and registered with the State of Michigan Department of Health and Human Services or its successor agency;

3.    Five hundred (500) feet from a public park;

4.    Five hundred (500) feet from a religious institution that is defined as tax exempted by the Oakland County Assessor; and

B.    Such distance between the school, childcare center, public park, or religious institution, and the contemplated location shall be measured along the centerline of the street or streets of address between two fixed points on the centerline determined by projecting straight lines at right angles to the centerline from the primary point of ingress to the school, childcare center, or religious institution, or from the entrance to a public park, and from the primary point of ingress to the adult-use marihuana business along the centerline to the primary street address building entrance.

C.    If a parcel lot of the adult-use marihuana establishment does not meet the minimum buffer distance as set forth above, an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be prohibited at that location.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

A.    Consistent with the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and rules promulgated by the Department, the City’s adult-use marihuana ordinance, and except as otherwise provided in the zoning ordinance, any combination of growers, processors, marihuana retailers, social equity retailers, Class A microbusinesses, and designated consumption establishments may operate as separate adult-use marihuana businesses at the same physical location.

B.    Consistent with the MRTMA and rules promulgated by the Department, applicants for class C grower permits shall be allowed to receive multiple such permits and operate under each permit in a single establishment.

(Ord. No. 2407, 4-4-23)

A.    Four-sided Architecture. All building facades visible from an adjacent lot or street shall be constructed with the same building material quality and compatible architectural variety on all building facades in a compatible context to the rest of the building.

B.    Building and design improvements must comply with the underlying zoning requirements of Article 2, Chapter 4, Private Frontage Design Standards, and the specific uses development standards outlined in Article 2, Chapter 5.

C.    If the provisions of the Adult-Use Marihuana Business Overlay District are silent on building and design requirements, the requirements of the underlying district shall apply.

D.    If the building and design requirements of the Adult-Use Marihuana Business Overlay District conflict with the requirements of the underlying district, then the building and design requirements of the Adult-Use Marihuana Business Overlay District shall supersede the underlying district regulations.

E.    Odor shall be managed through the installation of activated carbon filters on exhaust outlets to the building exterior from any rooms used for production, processing, testing, packaging, selling, research and warehousing. Negative air pressure shall be maintained within the rooms.

F.    An alternative odor control system may be approved by the Pontiac Building Official based on a report by a registered mechanical engineer licensed by the State of Michigan, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.

G.    Generators must be installed to operate the air filter system in case of power outage or failure.

H.    Exterior lighting fixtures including neon, LED, flashing lights, or similarly noxious or obtrusive lighting or effects shall be prohibited, including lighting device with intermittent fading, flashing, blinking, rotating or strobe light illumination on any adult-use marihuana business building, structure or property. LED rope and string lighting on the facade of the building and surrounding windows, whether interior or exterior, shall be prohibited if visible from the exterior.

I.     Luminous tube lighting (e.g., neon, rope lighting) shall not be used to outline or frame doors, building elevators and/or windows.

J.     Luminous tube and exposed bulb fluorescent lighting is prohibited as an architectural detail on all building/structures (e.g., along the roof line, eaves) and on all building facades.

K.     Exterior site lighting must be installed in site parking areas, egress, and ingress areas. Lighting must be compliant with Article 4, Chapter 5.

L.     It shall be prohibited to display any signs that are inconsistent with state or local law, and Article 5.

M.    It shall be prohibited to use the symbol or image of a marihuana leaf or the medical “green cross” symbol in any exterior building signage.

N.    The following sign language is not permitted on any adult-use marihuana business building use: marihuana, marijuana, cannabis, ganja, dope, roach, hash, reefer or any other word/phrase with similar likeness.

O.    All adult-use marihuana facilities must comply with all applicable City ordinances and state and federal law including, but not limited to, the building code and fire code.

(Ord. No. 2460, 2-4-25; Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

Due to Woodward Gateway Overlay District’s standing as a strategic corridor for growth and development in the City and the District’s status as the “Gateway” (i.e., entry) to the City of Pontiac, additional standards shall apply in this district as set forth herein to provide adequate screening from adjacent properties and maintain the character and quality of developments located at the entryway to the City. In the event that a design standard set forth in this section conflicts with any alternative design standards set forth in this chapter, the design standards set forth herein shall be applied to the Woodward Gateway Overlay District. Nothing in this section shall be construed as negating the requirement for adult-use retailer, social equity retailer, and class A microbusiness establishments located in the Woodward Gateway Overlay District to comply with any regulations set forth in this chapter that do not otherwise conflict with this section.

For the reasons set forth herein, the additional design standards set forth in this section shall apply to adult-use marihuana retailers, social equity retailers, and class A microbusinesses located in the Woodward Gateway Overlay District:

A.    A five-foot bufferyard shall be maintained on all sides of the parcel and shall conform to the following standards:

1.    The bufferyard may be interrupted only to provide for roads or driveways for vehicular access.

2.    Grass, ground cover, or other suitable live plant material shall be planted over the entire bufferyard area, except that paving may be used in areas of intensive pedestrian circulation.

3.    A minimum of two deciduous canopy trees shall be planted for each 100 lineal feet, or portion thereof, of required bufferyard length. Alternatively, one deciduous canopy tree and four evergreen trees shall be planted for each 100 lineal feet, or portion thereof, of required bufferyard length. Deciduous canopy trees and/or evergreen trees set forth under this section shall meet the minimum caliper requirements as set forth under the City of Pontiac’s Zoning Ordinance, Article 4, Chapter 4.

4.    For the purpose of determining required plant material, required bufferyard area length shall be measured along the exterior periphery of the bufferyard area.

5.    Parking Lot Landscaping Requirements:

a.    Any premises having a parking lot or lots with an area of 6,000 square feet or greater shall provide landscape areas within the interior of the parking lot.

b.    Interior landscaping shall provide coverage of eight percent of the parking lot surface area.

c.    Landscaped areas shall be placed within the perimeter of a parking lot. The perimeter of a parking lot is defined by placing a simple geometric shape around the external edges of the lot. Landscaping areas located in the corners or otherwise set in from the edge of the parking lot where such area would otherwise be paved are considered to be within the parking lot and may be included as a part of the required landscaping.

d.    Required parking or paving setbacks, screening, bufferyard, or other landscaping required by this ordinance shall not be utilized to meet any other requirement of these landscaping provisions.

e.    A minimum of one canopy tree, one understory tree, and two shrubs shall be installed for every 300 square feet of landscaped area.

f.    The use of concrete, asphalt or other paved surface inside the required landscape areas shall be prohibited.

g.    All landscaped areas shall be designed and located to standards acceptable to the Planning Commission that clearly define internal streets, traffic lanes and parking areas and maintain intersection sight distance. In addition:

1.    Landscaped areas within a parking lot shall have a minimum width of nine feet.

2.    Raised concrete curbing shall be placed around the perimeter of all landscaped areas located within a parking lot. Up to two gaps each of 12 inches or less are permitted per landscaped area to allow for the drainage of stormwater into landscape islands for the purposes of irrigation.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

A.    The Planning Commission shall be the special exception and site plan review authority for the permitted adult-use marihuana business uses in the Adult-Use Marihuana Business Overlay Districts.

B.    Adult-use marihuana business uses must be in accordance with the special exception permit review standards contained in Article 6, Chapter 3.

C.    A special exception permit for adult-use marihuana business uses requires public notice of 500 feet from the proposed adult-use marihuana business.

D.    All permitted adult-use marihuana businesses uses must be in accordance with the uses and development standards outlined in Article 2.

E.    Within the Adult-Use Marihuana Business Overlay Districts all requirements of the underlying districts remain in effect, except where these regulations provide an alternative to such requirements.

(Ord. No. 2407, 4-4-23)

The Residential Infill Overlay District (RIOD) is intended to allow for diversity in housing stock and promote redevelopment of dated housing or vacant lots within existing single-family neighborhoods zoned R-1, one-family dwelling designated as RIOD on the official zoning map.

The RIOD provides an optional development process that allows for smaller one-family and two-family dwelling units to be located within an R-1 district which through design criteria, architectural standards, and dimensional restrictions, will be compatible with existing single-family residential neighborhoods. Housing permitted by the RIOD is intended to be constructed at a scale and design which is consistent with an existing neighborhood.

(Ord. No. 2440, 4-9-23)

The RIOD shall only apply to those areas zoned R-1 and specifically designated on the official zoning map. Parcels with the RIOD overlay may be developed for uses permitted in the R-1 district subject to the regulations of the R-1 district. However, parcels with the RIOD overlay may also be developed with residential uses set forth in Section 3.1303, subject to standards set forth in this chapter.

Approval for uses permitted under this chapter shall require an application for a zoning compliance permit in accordance with Section 6.701. Upon demonstration that the applicable standards set forth in this chapter and of the R-1 zoning district are met, a zoning compliance permit shall be issued.

(Ord. No. 2440, 4-9-23)

A.    Permitted Uses. In addition to uses permitted in the R-1 district, two-family dwellings, and smaller one-family dwellings, shall be permitted as of right if the standards of Article 3, Chapter 12 are met.

B.    Dimension Standards.

1.    Two-family dwellings in the RIOD shall be subject to the standards applicable to properties in the R-1 district, as set forth in Section 2.301, Table 3, Dimension Standards.

2.    Smaller one-family dwellings in the RIOD shall be subject to the standards applicable to properties in the R-1 district, as set forth in Section 2.301, Table 3, Dimension Standards.

C.    Minimum Floor Area.

1.    The minimum floor area per two-family and smaller one-family dwelling unit shall be 800 square feet.

D.    Trees.

1.    All two-family and smaller one-family dwelling units must plant one street tree in the right-of-way, one in the front yard, and one in the rear yard. The applicant shall show all existing, living trees which may count towards the requirements on a plot plan. The trees planted must follow the standard in Section 4.411, Planting Material Standards, and have a minimum height of 25 feet at full maturity unless using approved substitutes.

2.    A right-of-way permit is necessary to install street trees in the right-of-way in accordance with Section 4.411.

3.    Public Works reserves the right to waive the requirement for planting one street tree in the right-of-way if existing utilities or public infrastructure make planting of a tree in the right-of-way unfeasible.

4.    In order to provide flexibility for growth where existing trees from the surrounding property may make new tree growth difficult, a property owner may request a substitute of two understory trees in lieu of one deciduous or evergreen tree in the front yard and side yard. The understory tree should be a minimum of eight feet in height at full maturity.

5.    In the event any trees are damaged within six months of planting, the property owner shall be required to replace the same.

E.    Garage Proportion of Front Facade.

1.    Dwellings in the RIOD which are two stories or larger shall not be subject to the calculation of the garage proportion of the front facade in Section 2.404(B)(1)(c). Rather, the width of front-loaded garage doors may not exceed 50 percent of the total width of the combined total of the first and second-story facades.

(Ord. No. 2440, 4-9-23)

A.    In addition to complying with the design standards set forth in this section, all proposed developments must be constructed in accordance with the Infill Overlay Design Guidelines.

B.    Two-family dwellings shall only be permitted on lots that are 45 feet in width or wider.

C.    The total livable square footage between both dwelling units shall not exceed 2,200 square feet.

D.    All standards set forth in Section 2.404(B)(1) shall be met. In addition, buildings shall be designed to be compatible with the surrounding existing residential structures within the neighborhood. This shall be accomplished using the following criteria:

1.    Orientation.

a.    Two-family dwellings may be oriented side-by-side, front-to-back, or with one unit stacked on top of another.

b.    Interior Lots. For interior lots, the primary building entrance shall be located in the front facade parallel to the street.

c.    Corner Lots. For corner lots, the primary entrance shall face the street from which the structure derives its street address. However, two-family dwellings shall have a separate primary entrance per dwelling unit, with only one primary entrance per street.

2.    Primary Entrances. Primary entrances for all two-family structures shall be clearly defined by at least one of the following:

a.    A projecting or recessed entrance.

b.    Stoop or enclosed or covered porch, provided that an enclosed porch shall comply with required setbacks.

c.    Transom and/or side light window panels framing the door opening.

d.    Architectural trim framing the door opening.

3.    Building Design.

a.    Two-family dwellings are an allowed use on individual lots within the base one-family dwelling (R-1) zoning district of the Residential Infill Overlay District.

b.    These homes should be consistent in height, bulk, and scale with surrounding single-family residential uses.

c.    Other Design Elements.

i.    Rooflines shall be of a similar pitch to the immediately adjacent neighboring structures.

ii.    Architectural details such as window frames, cornices, gables, or other similar orientation should be similar to other structures in the neighborhood.

iii.    Building must be articulated into intervals to be compatible with adjacent structures. Articulation methods include modulation, broken rooflines, and other building elements (chimneys, dormers entries, etc.).

iv.    Higher quality architectural materials are encouraged (such as natural materials (brick, stone, etc.), hardy plank, aluminum, or lap siding or similar quality material).

v.    All facades must meet the following requirements:

1.    A minimum of 30 percent of the building facade must utilize higher quality materials including, but not limited to, brick, stone, wood, hardy plank, aluminum, lap siding or similar quality material.

2.    A maximum of 70 percent of the building facade may utilize vinyl siding. Vinyl siding must have a thickness of 0.50 mm or above.

4.    Owner Occupancy. One of the dwelling units shall be owner-occupied. The dwelling unit that is leased shall be registered with the City as required in Chapter 26 of the City of Pontiac Municipal Code. All rentals must also comply with the requirements of Article VI, Chapter 22 of the Pontiac Municipal Code.

5.    Deed Restriction. A deed restriction enforceable by the City shall be recorded prior to the issuance of a building permit stipulating that the ADU will not be conveyed separately from the primary dwelling unit. An alternative form of security may be substituted if it meets the intent of this provision and is approved by the City Attorney.

6.    To maintain and reflect the traditional character of single-family dwelling units, projects shall include the following design elements:

a.    Facade modulation;

b.    Entry features that are dominant elements facing the street; and

c.    Utilization of a variety of high-quality materials that are new to the neighborhood and/or complementary to the surrounding neighborhood.

7.    In addition to the three required design elements, applicants shall choose two other design options from the following list:

a.    Architectural articulation in walls and roofs;

b.    Covered entry porch; and

c.    Second story step back or modulation; and

d.    Larger area of windows, used as architectural features, compared to other structures in the neighborhood on the front and side facades of the principal structure.

8.    Access and Parking. Access and parking shall be provided in driveways and garages consistent with adjacent residential structures. All parking must comply with Article 4, Chapter 3.

a.    Where rear access is available parking shall be located in the rear yard.

b.    Garages which face a public street shall be recessed or flushed with the line of the front wall of the dwelling. In no case shall the garage protrude beyond the rest of the structure.

c.    Two-family dwellings that are oriented front to back shall have a single driveway.

d.    Shared driveways shall be permitted on lots that have a width of 45 feet or more. The minimum driveway width for shared driveways shall be 18 feet. The maximum driveway width shall be 24 feet.

e.    All driveways must comply with the requirements of Section 4.202.

(Ord. No. 2440, 4-9-23)

A.    In addition to complying with the design standards set forth in this section, all proposed developments must be constructed in accordance with the Infill Overlay Design Guidelines.

B.    All standards set forth in Section 2.404(B)(1) shall be met. In addition, buildings shall be designed to be compatible with the surrounding existing residential structures within the neighborhood. This shall be accomplished using the following criteria:

1.    Orientation.

a.    Interior Lots. For interior lots, the primary building entrance shall be located in the front facade parallel to the street.

b.    Corner Lots. For corner lots, the primary entrance shall face the street from which the structure derives its street address.

2.    Primary Entrances. Primary entrances for all two-family structures shall be clearly defined by at least one of the following:

a.    A projecting or recessed entrance.

b.    Stoop or enclosed or covered porch, provided that an enclosed porch shall comply with required setbacks.

c.    Transom and/or side light window panels framing the door opening.

d.    Architectural trim framing the door opening.

3.    Building Design.

a.    Smaller single-family dwellings are an allowed use on individual lots within the base one-family dwelling (R-1) zoning district of the Residential Infill Overlay District.

b.    To maintain and reflect the traditional character of the neighborhood, in exchange for the smaller dwelling size, the projects shall include the following design elements:

i.    Facade modulation;

ii.    Entry features that are dominant elements facing the street; and

iii.    Utilization of a variety of high-quality materials that are new to the neighborhood and/or complementary to the surrounding neighborhood.

c.    In addition to the three required design elements, applicants shall choose two other design options from the following list:

i.    Architectural articulation in walls and roofs;

ii.    Covered entry porch; and

iii.    Second story step back or modulation; and

iv.    Larger area of windows, used as architectural features, compared to other structures in the neighborhood on the front and side facades of the principal structure.

d.    Other Design Elements.

i.    Rooflines shall be of a similar pitch to the immediately adjacent neighboring structures.

ii.    Architectural details such as window frames, cornices, gables, or other similar orientation should be similar to other structures in the neighborhood.

iii.    Building must be articulated into intervals to be compatible with adjacent structures. Articulation methods include modulation, broken rooflines, and other building elements (chimneys, dormers, entries, etc.).

iv.    Higher quality architectural materials are encouraged (such as natural materials (brick, stone, etc.), hardy plank, aluminum, or lap siding or similar quality material).

v.    All facades must meet the following requirements:

1.    A minimum of 30 percent of the building facade must utilize higher quality materials including, but not limited to, brick, stone, wood, hardy plank, aluminum, lap siding or similar quality material.

2.    A maximum of 70 percent of the building facade may utilize vinyl siding. Vinyl siding must have a thickness of 0.50 mm or above.

4.    Access and Parking. Access and parking shall be provided in driveways and garages consistent with adjacent residential structures. All parking must comply with Article 4, Chapter 3.

a.    Where rear access is available parking shall be located in the rear yard.

b.    Garages which face a public street shall be recessed or flushed with the line of the front wall of the dwelling. In no case shall the garage protrude beyond the rest of the structure.

c.    Shared driveways shall be permitted on lots that have a width of 45 feet or more. The minimum driveway for shared driveways width shall be 18 feet. The maximum driveway width shall be 24 feet.

d.    All driveways must comply with the requirements of Section 4.202.

(Ord. No. 2440, 4-9-23)