LAND USE DISTRICTS
Cross reference— Floods, ch. 34.
Cross reference— Businesses, ch. 18.
Cross reference— Businesses, ch. 18.
Cross reference— Businesses, ch. 18.
Cross reference— Businesses, ch. 18.
Cross reference— Businesses, ch. 18.
Editor's note— Ord. No. 703, adopted Sept. 8, 2008, amended this appendix by redesignating Ch. 20, §§ 2001—2006, as Ch. 21, §§ 2101—2106.
Cross reference— Businesses, ch. 18.
Editor's note— Ord. No. 703, adopted Sept. 8, 2008, amended this Appendix by redesignating Ch. 21, §§ 2101—2105, as Ch. 21a, §§ 21a01—21a05.
Cross reference— Businesses, ch. 18.
For the purposes of this Ordinance, the township, excepting streets and alleys, is divided into the following zone districts:
(Ord. No. 703, 9-8-2008)
The boundaries of these districts are hereby defined and established as shown on a map entitled "Township Zone District Map," which accompanies this Ordinance and which map with all explanatory matter thereon is hereby made a part of this Ordinance. The official zone map shall be kept and maintained by the township clerk.
Where uncertainty exists with respect to the boundaries of any of the districts indicated on the official zoning map, the following rules shall apply:
a)
Boundaries indicated as approximately following the streets or highways or the centerline of said roadways shall be construed to be such boundaries.
b)
Boundaries indicated as approximately following township boundary lines or following lot lines shall be construed as following said lines.
c)
Boundaries indicated as approximately parallel to the centerlines of streets or highways shall be construed as being parallel thereto and at such distance therefrom as indicated by given distance or scaled dimension.
No building or structure, or part thereof, shall hereafter be erected, moved, constructed, or altered, and no new use or change in use shall be made unless in conformity with the provisions of this Ordinance and with the regulations specified for the district in which it is located.
The regulations applying to such district include specific limitations on the use of land and structure, height and bulk of structures, density of population, lot area, yard dimensions, and area of lot that can be covered by each structure.
The board of appeals shall have the power to classify a use which is not specifically mentioned along with a comparable permitted or prohibited use for the purpose of clarifying the use regulations in any district.
This district is intended to protect floodplain and/or conservation areas; to promote the public health, welfare, and safety by prohibiting use of land within floodways which may result in the loss of life or property; [and] to preserve natural features, wildlife areas and scenic landscape. The basic purposes as herewith recognized are to protect persons and property from the hazards of floods and from resulting cost to the community, as well as to preserve natural resources and assets.
The following are the principal uses by "right" within a FC-1 district:
1.
Farm crop, forestry, or similar land resource operations which do not adversely affect the natural state for which this district is designed to protect.
2.
Parks, playgrounds, and conservation areas therein owned and operated by a public agency.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory use to any of the permitted uses listed in the FC-1 district as defined in chapter 2, section 202(1).
2.
Recreation, refreshment, amusement and service structures may be permitted in public recreation or conservation area under supervision of public authorities and provided no structures are erected in an area subject to flooding.
3.
Boat landings and docks, but not including incidental refreshments or restaurant facilities, provided ample at-grade off-street parking and storage facilities are provided for vehicles.
4.
Agricultural buildings, provided no structures are erected within an area subject to flooding; however, under no circumstance may a building be erected or altered for residential purposes.
5.
Alteration of the existing grade of areas subject to flooding is prohibited except upon issuance of a permit by the State of Michigan, Water Resources Commission, as required by the state law, Act 245 of the Public Acts of 1929, as amended (section 5b).
6.
Signs as provided in chapter 5.
7.
Off-street parking and loading as required and allowed, provided that all parking be at existing grade.
8.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 771, 9-28-2020)
The following uses of land and structure may be permitted in the FC-1 district by the application for an issuance of special use permit when all the procedural requirements specified in chapter 22, together with all applicable standards as cited in this chapter or chapter 22, are met.
1.
Golf courses and country clubs, other than miniature golf courses, subject to the conditions of chapter 22, section 2205, and further provided no structures are constructed in any area subject to flooding.
2.
Golf driving ranges, subject to section 2213(3)(b) and the following conditions:
a)
Off-street parking spaces shall be provided in accordance with the schedule outlined in chapter 4, in addition to those required for a golf course or country club.
b)
The driving range shall be a minimum of 200 feet at all points from any adjacent residential property and/or district.
c)
The driving range shall be designed so that balls are not hit in the general direction of any buildings, roads, pedestrian paths, or other areas where people or personal property may be hurt or damaged.
d)
An off-street lighting plan shall be submitted to the planning commission for approval in compliance with section 407.
e)
Minimum site area shall be ten acres with a minimum width of 300 feet and depth of 350 feet.
f)
Provisions shall be made for preventing balls from landing on adjacent parcels or roadways.
3.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirements of section 2219.
1.
Minimum lot size.
a)
None required.
2.
Minimum yard requirements.
a)
Same as for A-2 agricultural district.
3.
Maximum building height.
a)
Same as for A-2 agricultural district.
4.
Maximum lot coverage.
a)
None required.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4. (Refer to section 404.)
6.
Loading requirements.
a)
None required in FC-1 districts.
This district is intended to control the development of nonfarm use within primarily open land farm areas. It is the purpose of the regulations for this district to promote the maintenance of farm areas, while at the same time provide for special uses of a nonfarm nature which will not deter the basic objectives of this Ordinance.
The following are the principal permitted uses by "right" within an A-2 district:
1.
Single-family dwelling.
2.
General farming and forestry including field crop and fruit farming, truck gardening, horticulture, aviaries, hatcheries, apiaries, greenhouses, tree nurseries and similar agricultural enterprises.
3.
Specialized farming including the raising and keeping of small animals and livestock, provided that such livestock are fenced in or otherwise prevented from roaming at large off premises.
4.
Public and private conservation areas and structures for the conservation of water, soil, open space, forest or wildlife resources.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the A-2 district as defined in chapter 2, section 202(1).
2.
Customary home occupations, as specified for R-1 districts.
3.
Cemeteries, public or private, subject to the conditions specified for R-1 districts.
4.
Roadside stands selling products grown by the owner of the property upon which the stand is located, provided that contiguous space for the parking of customers' vehicles is furnished off the public right-of-way at the ratio of one parking space for each 15 square feet of roadside stand floor area.
5.
Signs as provided in chapter 5.
6.
Off-street parking and loading as required and allowed.
7.
Private stables, as defined under section 202(78), with a minimum site of five acres.
8.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted in the A-2 district by the application for an issuance of a special use permit when all of the procedural requirements specified in chapter 22, together with all applicable standards as cited in chapter 22, are met:
1.
Farms for production of fur-bearing animals for profit which occupy a minimum site of five acres of land, provided such animals are at all times contained within a structure or fenced area; that the structure and area be maintained in a clean, healthful and inoffensive manner; and further that the structure and area be located so as to minimize the potentially adverse effects of noise or odors on adjacent properties so as to not create a nuisance.
2.
Grain and seed elevators and sales, cold storage for cooperative and/or wholesale agricultural products, and similar enterprises which are directly related to agriculture, and provided adjacent areas and uses therein [sic].
3.
Golf courses and country clubs, other than miniature golf courses, are subject to the conditions of chapter 22, section 2205, and further provided no structures are constructed in any area subject to flooding. Golf driving ranges that are ancillary to permitted golf courses and/or country clubs subject to chapter 22, section 2205 and the conditions listed under section 704(2).
4.
Greenhouses and nurseries not selling [at] retail on the premises.
5.
Incinerators and sanitary fills, subject to the standards cited in chapter 22, section 2213.
6.
Correctional institutions or camps, subject to the standards cited in chapter 22, section 2213.
7.
Institutional uses including: religious institutions, institutions for human care, educational and social institutions, and public buildings and service installations, subject to the standards cited in chapter 22, section 2204.
8.
Public parks and recreation areas.
9.
Race tracks with the exception of motor vehicle events, miniature golf courses and golf driving ranges, subject to the standards cited in chapter 22, section 2213.
10.
Commercial riding stables or academies with a minimum site area of five acres or one acre for each horse stabled on the parcel whichever is greater.
11.
Sand, gravel or clay pits and quarries, subject to the standards cited in chapter 22, section 2213.
12.
Seasonal labor housing complex associated with agricultural enterprise.
13.
Sewage treatment and disposal installations, subject to the standards cited in chapter 22, section 2213.
14.
Special open space uses, subject to the standards cited in chapter 22, section 2213.
15.
Veterinary hospitals, clinics, and kennels, which occupy a minimum site of five acres of land.
16.
Mobile home park development, subject to the standards cited in chapter 22, section 2206.
17.
Private airports or landing fields.
18.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirements of section 2219.
19.
Substance abuse rehabilitation centers subject to the standards cited in section 2213.
20.
Open space preservation developments complying with the requirements of section 2220.
21.
Level 2 and level 3 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 578, 1-26-1998; Ord. No. 633, 10-14-2002; Ord. No. 636, 2-24-2003; Ord. No. 771, 9-28-2020)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 20,000 square feet per dwelling unit.
b)
Each lot shall be a minimum of 100 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth nor have a ratio of depth to width greater than four feet of depth for each one foot of width.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 60 feet.
b)
Each lot shall have a total side yard of at least 35 feet, with a minimum of 15 feet on one side.
c)
Each lot shall have a minimum rear yard of 40 feet.
d)
In the case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall be 15 feet.
e)
In any case, no permanent or temporary structure housing livestock, other animals or for storage of manure shall be located any closer than 150 feet to a lot line.
3.
Minimum floor area per dwelling unit.
a)
Each dwelling unit shall have a minimum floor area of 1,040 square feet per dwelling unit, with a minimum of 800 square feet on the ground floor for units of more than one story.
4.
Maximum building height.
a)
Two and one-half stories or 35 feet.
b)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
A maximum of 25 percent of the lot may be covered by all buildings.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required in A-2 districts.
(Ord. No. 678, 11-8-2004)
This district is intended primarily for single-family residential uses, together with such compatible uses as schools, churches, and recreational uses. The regulations herein set forth are designed for the purposes of encouraging a residential environment of low-density single-family dwellings located in individual lots.
The following are the principal permitted uses by "right" within an R-1 district:
1.
Single-family dwelling not to exceed one single-family dwelling per lot.
2.
Public parks, public playgrounds, public recreational grounds, and grounds for games and sports, except those of which the chief activity is carried on, or is customarily carried on, as a business.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the R-1 district and as defined in chapter 2, section 202(1) and section 305.
2.
Customary home occupations as provided in chapter 3, section 305(9).
3.
Cemeteries, public and private, subject to the following conditions:
a)
The site shall be at least 20 acres and shall be so designed as to provide ingress and egress directly onto or from a major or minor thoroughfare.
b)
No principal or accessory building shall be closer than 50 feet from any abutting residentially zoned property line.
c)
All lighting shall be shielded to reduce glare and shall be so arranged and maintained to direct light away from residential lands adjoining the site.
d)
A maximum of one sign is permitted at a point of entrance or exit which shall bear only the name of the cemetery and shall have a maximum area of 16 square feet. The sign shall be located no closer than the yard requirements for the residential zone.
4.
Signs, as provided in chapter 5.
5.
Off-street parking and loading as required and allowed.
6.
Family day care facilities as provided in chapter 3, section 305(10).
7.
State-licensed residential facilities, provided the population of such a facility is no greater than six persons and no similar facility is located within 1,500 feet of the proposed facility and persons released from correctional facilities may not be housed in such a facility.
8.
Group day care home, as provided in chapter 3, section 305(11).
9.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 701, 3-26-2008; Ord. No. 771, 9-28-2020)
The following uses of land and building may be permitted in the R-1 districts by the application for issuance of a special use permit when all of the procedural requirements specified in chapter 22, together with the applicable standards cited in chapter 22, are met.
1.
Institutional uses including religious institutions, educational and social institutions, and public buildings and service installations, subject to the standards specified in chapter 22, section 2204.
2.
Bed and breakfast establishments as provided in section 2217.
3.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirement of section 2219.
4.
Planned neighborhood development, subject to the requirements of section 2221.
(Ord. No. 578, 1-26-1998; Ord. No. 753, 8-14-2017)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 10,400 square feet per dwelling unit.
b)
Each lot shall be a minimum of 80 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
c)
Each lot not being serviced by public sanitary sewer shall be provided with a minimum of 85 feet in width at the front building line and shall contain a minimum of 12,000 square feet. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet.
b)
Each lot shall have a total side yard of at least 20 feet, with a minimum of ten feet on each side.
c)
Each lot shall have a minimum rear yard of 30 feet.
d)
In case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
3.
Minimum floor area per dwelling unit.
a)
Each dwelling unit shall have a minimum finished living area of 1,040 square feet floor area per dwelling unit with a minimum of 800 square feet on the ground floor for units of more than one story.
4.
Maximum building height.
a)
Two and one-half stories of 35 feet.
b)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
A maximum of 25 percent of the lot may be covered by all buildings.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required in R-1 district.
(Ord. No. 455, 4-22-1991; Ord. No. 510, 10-11-1993; Ord. No. 678, 11-8-2004)
This district is intended for yet open rural and agricultural area which are the prime potential for urban development.
The regulations herein set forth are designed for the purpose of encouraging and allowing well-planned low-density residential and related uses together with planned unit developments (for low to medium density) within R-1A districts as they are ready for development.
The following are the principal permitted uses by "right" within an R-1A district:
1.
All uses permitted by "right" within an R-1 district and subject to all the restrictions hereinafter cited.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the R-1A district and as defined in chapter 2, section 202(1).
2.
Customary home occupations as specified for R-1 districts.
3.
Cemeteries, public and private, subject to the conditions specified for R-1 districts.
4.
Customary agricultural operations on a minimum site of five acres of land including general farming, truck farming, fruit orchards, nurseries, greenhouses, and usual farm buildings but subject to the following restrictions:
a)
No storage of manure or other odorous or dust-producing materials or use shall be permitted within 150 feet of any adjoining lot line.
b)
Stables and buildings housing farm animals shall not be closer to any adjoining lot line than 150 feet.
c)
No farm buildings shall be located closer than 50 feet to any lot line.
d)
Customary farm animals except swine, poultry, rabbits, etc., and dogs other than household pets may be kept on a noncommercial basis when adequately housed and fenced on a parcel of land not less than five acres.
e)
No products shall be publicly offered for sale from the roadside.
5.
Single-family dwelling not to exceed one single-family dwelling per lot with a minimum lot size of 12,750 square feet and a minimum width at the front building line of 85 feet, providing the lot is a lot of record of a legally recorded plat. All other dimensional requirements of section 1005 are applicable.
6.
Signs as provided in chapter 5.
7.
Off-street parking and loading as required and allowed.
8.
Family day care facilities as provided in chapter 3, section 305(9).
9.
State-licensed residential facilities as specified for R-1 districts.
10.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 771, 9-28-2020)
The following uses of land and buildings may be permitted in the R-1A districts by the application for issuance of a special use permit when all the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22 are met.
1.
Institutional uses including religious institutions, educational and social institutions, and public buildings and service installations, subject to the standards specified in chapter 22, section 2204.
2.
Golf courses and country clubs, other than miniature golf courses, are subject to the conditions of chapter 22, section 2205. Golf driving ranges that are ancillary to permitted golf courses and/or country clubs, subject to chapter 22, section 2205 and the conditions listed under section 704(2).
3.
Planned unit development, subject to the standards specified in chapter 22, section 2207.
4.
Bed and breakfast establishments as provided in section 2217.
5.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirements of section 2219.
6.
Open space preservation developments complying with the requirements of section 2220.
7.
Planned neighborhood development, subject to the requirements of section 2221.
(Ord. No. 578, 1-26-1998; Ord. No. 636, 2-24-2003; Ord. No. 753, 8-14-2017)
Editor's note— The amendment made by Ord. No. 578 stated that it amended § 1103(5). It has been treated as an amendment to § 1104(5) in accordance with the intent of same.
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 15,000 square feet per dwelling unit.
b)
Each lot shall be a minimum of 100 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Minimum yard requirements are the same as those specified for R-1 districts.
3.
Minimum floor area per dwelling unit.
a)
Each dwelling unit shall have a minimum finished living area of 1,040 square feet floor area per dwelling unit with a minimum of 800 square feet on the ground floor for units of more than one story.
4.
Maximum building height.
a)
Maximum building heights are the same as specified for R-1 districts.
5.
Maximum lot coverage.
a)
Maximum lot coverage is the same as specified for R-1 districts.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required for R-1A districts.
(Ord. No. 678, 11-8-2004)
This district is intended to provide a sound and stable environment for various types of residential buildings including single-family and two-family, as well as single-family townhouses up to a medium-density character. In addition, residentially compatible uses are allowed under specified conditions. There is no intent to promote, by these regulations, a residential district of lower quality or livability then the R-1 or R-1A districts.
It is the express purpose of the regulation as herein set forth to promote variety in housing style, design and cost to meet the ranging demands for adequate housing by existing and potential residents.
The following are the principal permitted uses by "right" within an R-2 district.
1.
All uses permitted by right in R-1 districts, subject to all regulations hereinafter cited.
2.
Two-family dwellings.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the R-2 district and as defined in chapter 2, section 202(1).
2.
Customary home occupations as specified for R-1 districts.
3.
Cemeteries, public and private, subject to the conditions specified for R-1 districts.
4.
Signs, as provided in chapter 5.
5.
In the case of two-family dwellings, two off-street parking places shall be provided outside of the front yard, as defined herein per unit.
6.
Family day care facilities as provided in chapter 3, section 305 9.
7.
State-licensed residential facilities as specified for R-1 districts.
8.
Group day care home, as provided in chapter 3, section 305 11.
9.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 701, 3-26-2008; Ord. No. 771, 9-28-2020)
The following uses of land and buildings may be permitted in the R-2 districts by the application for issuance of a special use permit when all of the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22 are met:
1.
All uses permitted by issuance of a special use permit in a R-1 district subject to the restrictions and regulations specified therefor.
2.
Planned unit developments subject to the standards specified in chapter 22, section 2207.
3.
Day nurseries subject to the standards specified in chapter 22, section 2209.
4.
Townhouses not to exceed a density factor of eight units per acre.
5.
Senior citizens developments subject to the standards specified in chapter 22, section 2214.
6.
Bed and breakfast establishments as provided in section 2217.
7.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirements of section 2219.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)
1.
Minimum lot size.
a)
For single-family dwellings, such lot shall contain a minimum of 10,400 square feet. Single-family dwellings located on property not served and thereby not connected to public water and sanitary sewer shall have a minimum lot size of 15,000 square feet and a minimum lot width of 100 feet.
b)
For two-family dwelling structures, each dwelling structure shall have a minimum lot area of 11,050 square feet. Two-family dwellings located on property not served and thereby not connected to public water and sanitary sewer shall have a minimum lot size of 15,000 square feet and a minimum lot width of 100 feet.
c)
For townhouse dwellings, there shall be a minimum lot of one acre required, provided the minimum lot area per unit equals 8,450 square feet for the first unit and 5,015 square feet for each additional unit, further provided a maximum density of eight units per acre is not exceeded. A minimum lot width of 150 feet shall be required and all units shall be connected to public water and all sanitary sewer facilities. No lot, in any event, shall be less than 130 feet in depth.
d)
Each lot shall be a minimum of 80 feet in width at the front building line and in addition all lots to be occupied for two-family dwellings shall be 85 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet.
b)
Each lot shall have a total side yard of 20 feet with a minimum of ten feet on each side.
c)
Each lot shall have a minimum rear yard of 30 feet.
d)
In the case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
3.
Minimum floor area per dwelling unit.
a)
Single-family dwelling units shall have a minimum finished living area of 1,040 square feet per unit with a minimum of 800 square feet on the ground floor for units of more than one story.
b)
Two-family dwellings and townhouse structures shall have a minimum finished living area of 850 square feet per dwelling unit.
4.
Maximum building height.
a)
Two and one-half stories or 35 feet.
b)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
A maximum of 35 percent of the lot may be covered by all buildings.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required in R-2 districts.
(Ord. No. 455, 4-22-1991; Ord. No. 510, 10-11-1993; Ord. No. 678, 11-8-2004)
This district is intended primarily for multiply-family residential uses together with certain institutional and other compatible uses under specified conditions. There is no intent to promote, by these regulations, a residential district of lower quality or livability than the R-1, R-1A, or R-2 districts. This district is intended only for area served by public water and sanitary sewer.
It is the express purpose of these regulations to provide sites for multiply-family dwelling structures of a low-rise, moderate-density character where adequate public and private services and facilities are available to accommodate higher population concentrations.
The following are the principal permitted uses by "right" within an R-3 district:
1.
Single-family dwellings.
2.
Two-family dwellings.
3.
Multiply-family dwelling, excepting basement living units, and boardinghouses or roominghouses.
The following are the permitted uses subject to the cited conditions thereinafter imposed for each use:
1.
Customary accessory uses to any permitted uses listed in the R-3 districts, and as defined in chapter 2, section 202(1).
2.
Customary home occupations, as specified for R-1 districts.
3.
Day nurseries, subject to the standards specified in chapter 22, (refer to section 2209).
4.
Institutional uses including religious institutions, educational and social institutions, and public buildings and service installations, subject to the standards specified in chapter 22, section 2204.
5.
Basement living units within multiple-family dwelling subject to an engineering determination, supplied by the developer, as to the protection from flooding afforded to basement living units and as is approved by the planning commission.
6.
Family day care facilities as provided in chapter 3, section 305(9).
7.
State-licensed residential facilities as specified for R-1 districts.
8.
Group day care home, as provided in chapter 3, section 305 11.
9.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 701, 3-26-2008; Ord. No. 771, 9-28-2020)
The following uses of land and buildings may be permitted in the R-3 districts by the application for issuance of a special use permit when all of the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22, are met:
1.
Planned unit development, subject to the standards specified in chapter 22, section 2207.
2.
Multiple-family service uses, subject to the standards specified in chapter 22, section 2211.
3.
Funeral homes and mortuaries, subject to the standards cited in chapter 22, section 2210.
4.
Senior citizens' housing development, subject to the standards cited in chapter 22, section 2214.
5.
Housing developments may contain zero bedroom with a minimum floor area of 500 square feet if they do not exceed more than 25 percent of the total units subject to the standards set forth in chapter 2207.
6.
Bed and breakfast establishments as provided in section 2217.
7.
Personal wireless communication facilities as provided in section 2219.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)
1.
Minimum lot size.
a)
For single-family dwellings, such lot shall contain a minimum of 9,750 square feet.
b)
For two-family dwelling structures, such lot shall contain 11,050 square feet.
c)
Townhouses are not to exceed a density factor of ten units per acre, provided there is a minimum site of one acre and provided minimum lot area per unit equals 7,800 square feet for the first unit and 3,970 square feet for each additional unit, subject to the standards cited in chapter 22, section 2207(4)(c). Minimum lot width of 150 feet is required.
d)
For multiple-family dwelling structures, the first dwelling unit shall have 7,800 square feet, and each additional unit shall be provided with 2,750 square feet. For boardinghouses or roominghouses, the dwelling structure shall have 6,000 square feet for the first living unit with at least 1,200 square feet for each additional group of four occupant accommodations or major fraction thereof.
e)
Each lot, unless otherwise cited, shall at the front building line be a minimum of 80 feet in width for single-family, 85 feet in width for two-family, and 150 feet for multiple-family. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
For single-family dwellings:
i)
Each lot shall have a minimum front yard of 30 feet.
ii)
Each lot shall have a total side yard of 25 feet, with a minimum of 12 feet on one side.
iii)
Each lot shall have a minimum rear yard of 30 feet.
iv)
In the case of a corner lot the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than 12 feet.
b)
For two family dwellings:
i)
Each lot shall have a minimum front yard of 30 feet.
ii)
Each lot shall have a total side yard of 20 feet with a minimum of ten feet on each side.
iii)
Each lot shall have a minimum rear yard of 30 feet.
iv)
In the case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
c)
For multiple family dwellings:
i)
Each lot shall have a minimum front yard of 30 feet.
ii)
Each lot shall have a total side yard of 25 feet, with a minimum of 12 feet on each side.
iii)
Each lot shall have a minimum rear yard of 30 feet.
iv)
In the case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
v)
Within any site for an apartment complex, no structure shall be less than a distance of 25 feet apart.
vi)
No garage or carport opening facing the street shall be located less than 20 feet from the exterior property lines.
3.
Minimum floor area per dwelling unit.
a)
Minimum floor area for single- and two-family, as well as townhouses, are the same as specified for R-2 districts.
b)
Minimum floor areas for multiple-family shall be in accord with the following schedule:
4.
Maximum building heights.
a)
Maximum building heights are the same as specified for R-2 districts; however, further provided that within 150 feet of any R-1 district no building shall exceed a height of two stories.
b)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
A maximum of 40 percent of the lot may be covered by all buildings.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required in R-3 districts.
8.
Recreation areas.
a)
Recreation areas and facilities, such as parks, playgrounds, swimming pools, and community buildings, shall be provided to the extent necessary to meet anticipated needs of the residents of the developments. Provisions of separate adult and youth recreation areas is encouraged. Recreation facilities generally shall be provided in a centralized location and should be convenient to the community center. In larger developments recreation facilities may be decentralized as necessary to provide adequate recreation opportunities for all residents.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004; Ord. No. 685, 8-8-2005)
This district is intended primarily for multiple-family residential uses, together with certain institutional and other compatible uses under specified conditions. There is no intent to promote by these regulations a residential district of lower quality or livability than the R-1, R-1A, R-2, or R-3 districts. This district is intended only for areas served by public water and sanitary sewer.
It is the express purpose of these regulations to provide sites for multiple-family dwelling structures of both a low use and high-rise, and higher density character where appropriate public and private services and facilities are available to accommodate greater population density.
The following are the principal permitted uses by "right" within an R-4 district:
1.
All uses permitted by right in R-3 districts, subject to all regulations hereinafter cited.
2.
High-rise apartment structures.
The following are the permitted uses subject to the cited conditions thereinafter imposed for each use:
1.
All uses permitted under special conditions in R-3 districts, subject to all regulations thereinafter cited.
2.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 771, 9-28-2020)
The following uses of land and buildings may be permitted in R-4 districts by the application for issuance of a special use permit when all the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22, are met:
1.
Multiple-family service uses, subject to the standards specified in chapter 22, section 2211.
2.
Planned unit developments, subject to the standards specified in chapter 22, section 2207.
3.
Senior citizens' housing development subject to the standards cited in chapter 22, section 2214.
4.
Bed and breakfast establishments as provided in section 2217.
5.
Personal wireless communication facilities as provided in section 2219.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)
1.
Minimum lot size.
a)
For single-family and two-family dwellings as well as townhouse structures, such lots shall conform to requirements for R-3 and R-4 districts.
b)
For multiple-family structures, the first dwelling unit shall have 4,000 square feet of lot area and each additional unit shall be provided with an additional area as specified by the following structure type:
For boardinghouses or roominghouses, the dwelling structure shall have 6,000 square feet for the first living unit, with at least 1,200 square feet for each additional group of four accommodations or major fraction thereof.
c)
Each lot shall conform to minimum lot width as required for R-3 districts.
2.
Minimum yard requirements.
a)
Minimum yard requirements shall conform to those cited for R-3 districts except as hereinafter modified.
b)
Minimum yard requirements for high-rise apartment structures shall be as follows:
Within any site for an apartment complex, no structures shall be less than a distance of 25 feet apart and shall be increased by two feet for every ten feet, or major fraction thereof the structure exceeds 2½ stories or 35 feet.
3.
Minimum floor area per dwelling unit.
a)
Minimum floor area requirements are the same as specified for R-3 districts.
4.
Maximum building heights.
a)
Maximum building heights are the same as specified for R-3 districts, except as hereinafter modified.
b)
High-rise apartments may be constructed to a height of 100 feet.
c)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
Maximum lot coverage is the same as specified for R-3 districts.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
Each high-rise apartment building shall be provided with one standard loading space as a minimum and shall provide one additional loading space for each 50 dwelling units over 100 dwelling units.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The B-1 districts are designed to accommodate office uses, together with office sales uses, and certain personal services and restricted retail commercial uses.
It is the purpose of this district to accommodate permitted uses typically in proximity to major shopping facilities and/or in compatible relationship with the major arterial street system and surrounding land uses. The nature of modern office use development provides greater compatibility for integration into a community structure; therefore, this district has been established for the purpose of encouraging office and related use development, but excluding general commercial activity.
The following are the principal permitted uses by "right" within a B-1 district:
1.
Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, and office equipment and supplies sales.
2.
Medical offices, including clinics.
3.
Banks, credit unions, saving and loan institutions and similar uses.
4.
Personal service establishments which perform personal services on the premises including barber or beauty shops and photographic studios or similar uses, but not including interior decorating shops.
5.
Institutions for human care, including hospitals and public clinics.
6.
Publicly owned buildings, exchanges and public utility offices, but not including storage yards, substations or regulator stations.
7.
Commercial schools including art, business, music, dance, professional and trade.
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-1 districts and as defined in chapter 2, section 202(1).
2.
Funeral homes, subject to the standards specified in chapter 22, section 2210.
3.
Day nurseries, subject to the standards specified in chapter 22, section 2209.
4.
Signs, as provided in chapter 5.
5.
Off-street parking and loading, as required and allowed.
6.
Small animal veterinary clinics, provided all animals are boarded within a wholly enclosed structure.
7.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 690, 7-10-2006; Ord. No. 771, 9-28-2020; Ord. No. 787, 2-13-2023, eff. 3-1-2023)
The following uses of land and buildings may be permitted in the B-1 districts by the application for issuance of a special use permit when all of the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22 are met:
1.
Residential land uses in connection with permitted office or service uses provided the following standards are met:
a)
Residential development shall not exceed a density of eight dwelling units per acre.
b)
Unless otherwise mentioned herein, residential development shall conform to the requirements of the R-3 district in chapter 13.
c)
The total floor area dedicated to or utilized by the residential use shall not exceed the total floor area dedicated to or utilized by the office or service use on the property. For the purpose of determining dedicated or utilized floor area, those areas used in common by both the residential and commercial uses shall be considered to be divided in half with one-half to each use.
d)
Parking requirements for the property shall be the sum of parking required for each use individually.
2.
Office business retail uses, subject to the standards specified in chapter 22, section 2211.
3.
Restaurant or other establishments serving food and/or beverages including drive-through restaurants subject to chapter 22, sections 2216 and 2218, but not including drive-ins.
4.
Tennis, racket sport, nonprofit fraternal organizations, private clubs, social and service institutions, swimming facilities (public or private); subject to the standards specified in chapter 22, section 2205.
5.
Drive-in businesses, including banks and drive-in facilities, related to uses permitted in B-1 districts, except that drive-in restaurants and automobile service stations are hereby not allowed.
6.
Institutional uses including religious institutions, educational and social institutions and public buildings and service installations, subject to the standards specified in chapter 22, section 2204.
7.
Senior citizens' housing development, subject to the standards cited in chapter 22, section 2214, as well as a maximum density of 12 dwelling units per acre.
8.
Personal wireless communication facilities as provided in section 2219.
9.
Substance abuse rehabilitation centers subject to the standards cited in section 2213.
10.
Level 2 solar energy systems, subject to special use permit and the standards contained in section 2222.
(Ord. No. 535, 7-10-1995; Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 633, 10-14-2002; Ord. No. 771, 9-28-2020)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 18,000 square feet.
b)
Each lot shall be a minimum of 100 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet.
b)
Each lot shall have a total side yard of 25 feet, with a minimum of ten feet on each side.
c)
Each lot shall have a minimum rear yard of 30 feet.
d)
In the case of a corner lot the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
3.
Maximum building height.
a)
Three stories or 40 feet.
b)
Exceptions (refer to chapter 3, section 304).
4.
Maximum lot coverage.
a)
A maximum of 35 percent of the lot may be covered by all buildings.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
Any use engaged in the sale of merchandise, including prepared foods and beverages, shall provide at least one standard loading space regardless of floor area and at least one standard loading space for each 6,000 square feet or major fraction thereof of gross floor area involved in the use. Loading space for high-rise apartments shall be provided as required under section 1405(7), chapter 14. All office buildings of over two stories shall provide one loading space.
b)
Supplementary regulations are contained in chapter 4.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The B-2 districts are designed and intended to meet the day-to-day convenience shopping and service needs of persons residing in adjacent residential areas.
It is the purpose of this district to accommodate commercial activities primarily offering goods or services which are required by a family at intervals of a week or less and at the same time protect adjacent residential areas from the adverse effects of uncontrolled or unlimited commercial activity which can result in blighting influences upon residential uses. Under appropriate conditions medium density apartment developments are also allowed.
All B-2 uses must be conducted wholly within a permanent, fully enclosed building (except required off-street parking and loading). In addition to those uses specified by "right" within a B-1 district only the following uses are permitted by "right" in the B-2 district.
1.
Retail food establishments which market only convenience goods such as groceries, fruit, meats, dairy products, produce, baked goods, alcoholic beverages or similar commodities. Establishments such as bakeries and delicatessens which prepare food for retail, take out sales. Supermarkets are not permitted in B-2 districts.
2.
General retail establishments, provided no more than 4,000 square feet of gross floor area is used per tenant space.
3.
Offices for medical, dental and similar allied professions.
4.
Banks, automatic teller machines, and other similar financial institutions excluding drive-in facilities. Drive-in facilities are allowed as a special use permit.
5.
Personal service establishments which perform services on the premises, such as barber and beauty shops, tanning salons, dressmaker or tailor shops, self-service laundries, repair shops for shoes, watches, jewelry, radios, small households appliances and similar items, but excluding repair shops for lawnmowers, large appliances, furniture, motor vehicles and similar items.
6.
Professional offices for architects, engineers, artists, and others employed in the graphic arts field.
7.
Administrative offices in which the personnel will be employed in one or more of the following fields: executive, administrative, legal, writing, clerical, stenographic accounting, insurance and similar enterprises, including both public and private.
8.
Commercial schools including art, business, music, dance, professional and trade.
(Ord. No. 585, 8-17-1998)
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-2 districts and as defined in chapter 2, section 202(1).
2.
Temporary outdoor uses such as displays, Christmas tree sales, tent sales, amusements and the display or sale of any item permitted for sale by right in this district with the following conditions:
a)
Such use shall be limited to 30 days in any one calendar year per parcel of land.
b)
Such use or sales area shall not be located within any required yard or setback area.
c)
Adequate off-street parking shall be maintained at all times and such use shall not displace required off-street parking nor cause parking or traffic congestion on adjacent streets or properties.
d)
Such use shall be approved only when it can be adequately shown not to be injurious or detrimental to properties in the immediate vicinity.
e)
Extension beyond the 30-day limit may be granted by the planning commission, after a public hearing and a finding that a practical difficulty will be created were the 30-day limit to be imposed.
3.
Small animal veterinary clinics, provided all animals are boarded within a wholly enclosed building.
4.
Day nurseries, subject to the standards specified in chapter 22, section 2204.
5.
Signs, as provided in chapter 5.
6.
Off-street parking and loading as required and allowed.
7.
Religious institutions, subject to the standards contained in section 2204.
8.
Social institutions, subject to the standards contained in section 2204.
9.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 692, 10-23-2006; Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted by the application for issuance of a special use permit when specified procedures of chapter 22 and the requirements as outlined in the chapter and sections cited are met:
1.
Automobile service station, subject to the site development standards cited in chapter 22, section 2212.
2.
Drive-in businesses, including banks and drive-in facilities related to uses permitted in B-2 districts.
3.
Residential land uses in connection with permitted retail, office or service uses under the following conditions:
a)
Residential development shall not exceed a density of eight dwelling units per acre.
b)
Unless otherwise mentioned herein, residential development shall conform to the requirements of the R-3 district in chapter 13.
c)
The total floor area dedicated to or utilized by the residential use shall not exceed the total floor area dedicated to or utilized by retail, office or service use on the property. For the purpose of determining dedicated or utilized floor area, those areas used in common by both the residential and commercial uses shall be considered to be divided in half with one-half to each use.
d)
Parking requirements for the property shall be the sum of parking required for each use individually.
4.
Restaurants, clubs and other eating or drinking establishments which provide food or drink for consumption on the premises, subject to chapter 22, section 2218; provided, that such establishments shall not be so-called "drive-in" facilities and that no dancing or entertainment shall be permitted.
5.
Drive-through restaurants subject to the standards cited in chapter 22, section 2216.
6.
Personal wireless communication facilities as provided in section 2219.
7.
Level 2 solar energy systems, subject to special use permit and the standards contained in section 2222.
8.
Marihuana safety compliance facilities, as authorized by Chapter 83 of the Code of Ordinances of Saginaw Charter Township, subject to special use permit and the standards contained in section 2223, and under the following conditions:
a)
Any uses or activities found by the state or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law shall not be permitted by the township. In the event that a court with jurisdiction declares some or this entire article invalid, then the township shall suspend the acceptance of applications for a marihuana facilities licenses pending the resolution of the legal issue in question.
b)
The use or facility must be at all times in compliance with all other applicable laws and ordinances of the township and state.
c)
The township shall suspend or revoke a marihuana establishment license based on the finding that the provisions of the Medical Marihuana Facilities Licensing Act, the Michigan Regulation and Taxation of Marihuana Act, all other applicable provisions of the Zoning Ordinance, Chapter 83, or the approved special use permit and/or site plan are not met.
d)
A marihuana safety compliance facility, or activities associated with the testing of marihuana, shall not be permitted as a home occupation.
e)
A marihuana safety compliance facility, or activities associated with the testing of marihuana, shall not be permitted as an accessory use.
f)
All signs shall be in accordance with Chapter 48 (Signs) of the Code of Ordinances of Saginaw Charter Township.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 771, 9-28-2020; Ord. No. 779, 11-8-2021)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 11,050 square feet.
b)
Each lot shall be a minimum of 85 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures, nor shall it be used for any outdoor display including any items sold on or off the premises. The only exception to this shall be in accordance with section 403(5)(a).
b)
Side yards shall not be required except on that side of the lot abutting upon a residential district or agricultural district, in which case there shall be a side yard of not less than 20 feet; and further, in the case of a corner lot, the side yard on the street side shall be a minimum of 30 feet; and further, except that if walls of structures facing an interior lot line contain windows or other openings, there shall be a ten-foot side yard.
c)
Each lot shall have a rear yard of 30 feet.
3.
Maximum building height.
a)
The maximum building height shall be three stories or 40 feet.
b)
Exceptions (refer to chapter 3, section 304).
4.
Maximum lot coverage.
a)
A maximum of 40 percent of the lot may be covered by all buildings or structures.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
Any use engaged in the sale of merchandise, including prepared foods and beverages, shall provide at least one standard loading space regardless of floor area and at least one standard loading space for each 6,000 square feet or major fraction thereof of gross floor area involved in the use.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The B-3 community commercial district is established to serve the needs of a larger consumer population than is served by the B-2, neighborhood commercial district.
It is the intent of this district to provide regulations governing use and development of community-wide service shopping areas. These regulations are designed to promote the economic viability of the community-wide service shopping areas by encouraging consolidation of permitted uses, improving safety and convenience for customers, lessening traffic congestion on adjacent thoroughfares and streets, and ensuing harmonious relationships with surrounding land uses.
In addition to those uses specified by "right" for B-2 districts, only the following uses are permitted by "right" in the B-3 districts:
1.
Any retail business whose principal activity is the sale of merchandise in a permanent enclosed building.
2.
Photographic studios.
3.
Supermarkets.
4.
Professional offices for architects, engineers, artists, and others employed in the graphic arts field.
5.
Administrative offices in which the personnel will be employed in one or more of the following fields: executive, administrative, legal, writing, clerical, stenographic, accounting, insurance, real estate, and similar enterprises public and private.
6.
Commercial schools including art, business, music, dance, professional and trade.
7.
Bus, train and air passenger terminals.
8.
Dry cleaning and laundry establishments.
9.
Service establishments including printing, publishing, photographic reproduction, blueprinting, photostatic and related trades or arts.
10.
Public buildings and service installation.
11.
Radio and television stations.
12.
Assembly buildings including auditoriums, theaters, private clubs and fraternal organizations.
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-3 districts and as defined in chapter 2, section 202(1).
2.
Automobile service stations, provided that the development requirements cited in chapter 22, section 2212 are met.
3.
Temporary outdoor uses, including, but not limited to, tent sales and sidewalk sales, for a period not to exceed seven days per calendar year, except for those uses specified under chapter 16, section 1603(2) and the conditions stated therein. Tent sales shall be limited to those items customarily sold out-of-doors. Sidewalk sales must be directly adjacent to the primary structure and shall not be conducted in parking or drive areas. A permit is required from the zoning administrator for all such uses. The permit shall state the time period for such sales, which may be less than the maximum period provided for herein. All temporary uses shall be subject to the following requirements:
a)
No part of such sales operation shall be located within any required yard or transition strip.
b)
The sales operation shall not impede or adversely affect vehicular or pedestrian traffic flow or parking maneuvers.
c)
Existing driveways only shall be used.
d)
Signs as permitted under section 504(6).
e)
The sign, merchandise, and all equipment used in such sales, and all debris and waste resulting therefrom, shall be removed from the premises within three days of the termination date of the permit.
f)
A cash bond of $100.00 shall be provided to the township prior to issuance of the permit for tent sales only to guarantee cleanup of the site as required in the preceding paragraph 5.
g)
A scaled drawing shall be provided with the permit application, showing thereon the location and extent of such sales.
4.
Day nurseries, subject to the standards specified in chapter 22, section 2209.
5.
Pet shops, provided that the animals and birds are kept entirely within the building at all times.
6.
Commercial recreation facilities, such as indoor theaters, bowling alleys, indoor skating rinks or similar uses; provided, that all such uses will be conducted wholly within a fully enclosed building and that such building shall have yard setbacks of at least 100 feet from any abutting residential district boundaries.
7.
Motel or motor-hotel, provided the following conditions are met:
a)
Minimum floor area of 250 square feet per guest unit shall be provided.
b)
Minimum lot area of three acres is required together with a minimum lot width of 250 feet, plus there shall be no less than 400 square feet of lot area for each guest unit.
c)
Maximum lot coverage including all buildings, both principal and accessory, shall be 40 percent.
d)
Setback. A landscaped setback not less than 20 feet shall be provided to the extent it abuts a public or private street or freeway. A landscaped setback not less than 30 feet between buildings and interior property lines shall be provided.
8.
Signs, as provided in chapter 5.
9.
Off-street parking and loading as required and allowed.
10.
Mini-warehouse on a minimum lot of one acre. An opaque fence or wall, a minimum of six feet in height shall enclose the entire periphery of the use.
11.
Small animal veterinary clinics, provided all animals are boarded within a wholly enclosed building.
12.
Restaurants, taverns and other eating or drinking establishments which provide food or drink and/or entertainment on premises excluding drive-in service, subject to the conditions as sited under section 2218.
13.
Religious institutions, subject to the standards contained in section 2204.
14.
Social institutions, subject to the standards contained in section 2204.
15.
Blood plasma donation centers.
a.
An indoor waiting area with a restroom shall be provided and open at least one hour prior to the opening of the center.
b.
The storefront/façade shall be active. No mirrored, tinted or screened out/blacked out windows are permitted.
c.
All loading and unloading shall be performed in the rear of the building. At least one designated loading area shall be provided.
d.
Hours of operation: 7:00 a.m. to 7:00 p.m. if within 600 feet of a residential district and/or private and public schools.
e.
Must provide a designated break area for employees, including outdoor space for smoking if permitted, as approved by staff.
f.
Bike racks and benches may be required to be installed per the Planning Commission at specific locations as approved by staff.
g.
Blood plasma centers shall not be located closer than 2,000 feet to another blood plasma center, as measured from property line to property line.
16.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 692, 10-23-2006; Ord. No. 712, 1-11-2010; Ord. No. 744, 1-11-2016; Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted by the applications for the issuance of a special use permit when specified procedures of chapter 22 and the requirements as outlined in the chapter and sections cited are met:
1.
Servicing and repair of motor vehicles, trailers and boats when conducted within a wholly enclosed building.
2.
Building supply and equipment establishments selling retail.
3.
Open air business uses such as retail sales of plant material, sales of lawn furniture, playground equipment and garden supply.
4.
Drive-in businesses, including banks and drive-in facilities related to uses permitted in B-3 districts.
5.
Funeral homes and mortuaries, subject to chapter 22, section 2210.
6.
Drive-through restaurants subject to the standards cited in chapter 22, section 2216.
7.
Personal wireless communication facilities as provided in section 2219.
8.
Substance abuse rehabilitation centers subject to the standards cited in section 2213.
9.
Outdoor display lots exclusively for new or used recreational vehicles, boats, trailers, farm machinery and equipment, trailers or tractors which are for sale, rent or lease shall comply with the following:
A.
The business shall be located on a lot or parcel which has its frontage on a State of Michigan Highway.
B.
The lot shall have a minimum of 150 feet of road frontage and at least 40,000 square feet.
C.
All areas subject to vehicular use shall be paved in accordance with section 403 of this Ordinance.
D.
The perimeter of the parking area, along with circulation drives, shall be defined with concrete curbing as required in chapter 4 of this Ordinance.
a.
Exception: Landscaped islands are not required on the end of each row of parking of the display lot.
E.
No repair or refinishing work shall be done on the lot, unless such work is performed within a wholly enclosed building in accordance with an approved site plan.
F.
Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.
G.
No vehicle or product for sale, lease or rent shall be parked or displayed within 20 feet of a public right-of-way or proposed public right-of-way.
H.
No temporary structures are allowed.
I.
The applicant constructs and/or occupies a permanent building of at least 800 square feet on the site.
J.
The placement of vehicles for display is of a professional nature, such as no upside-down cars.
K.
Night lighting shall be shielded from all adjacent residential zoned districts in conformance with section 409 of the Zoning Ordinance.
L.
Where adjoining a residential district, a decorative masonry wall six to eight feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The planning commission may approve a landscaped berm as an alternative.
M.
A type C bufferyard is required on any side or rear property line abutting a residential district. (Fence with a 15-foot setback including shrubs and evergreens).
N.
Display areas, storage areas and all other vehicle parking contained on the site shall comply with the parking design and layout requirements of chapter 4 of this Ordinance.
O.
New and used trucks may be sold as an accessory use in conjunction with an approved retail recreational vehicle sales display lot, provided not more than ten percent of the outdoor display area is used to display said vehicles.
10.
Sexually oriented businesses shall be permitted subject to the standards cited in chapter 22, section 2215, sexually oriented businesses and shall be subject to special approval review as required by chapter 22, special uses-special use permit requirements, but shall not be subject to section 2203, permit standards.
11.
Level 2 solar energy systems, subject to special use permit and the standards contained in section 2222.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 633, 10-14-2002; Ord. No. 663, 5-24-2004; Ord. No. 724, 9-26-2011; Ord. No. 771, 9-28-2020; Ord. No. 787, 2-13-2023, eff. 3-1-2023)
1.
Minimum lot size.
a)
Requirements are the same as specified for B-2 districts.
2.
Minimum yard requirements.
a)
Requirements are the same as specified for B-2 districts.
3.
Maximum building height.
a)
Requirements are the same as specified for B-2 districts.
4.
Maximum lot coverage.
a)
A maximum of 50 percent of the lot may be covered by all buildings or structures.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
The required number of standard berths for B-3 retail business uses and wholesale or processing uses shall be provided in amounts not less than shown in the following schedule:
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The B-3A districts are designed and intended to provide essential servicing to the needs of the automobile traveler on the major arterial network.
It is the purpose of this district to accommodate traveler needs and avoid undue congestion on the major transportation network. The promotion of safe and smooth traffic flow along arterials and at interchanges and the protection of adjacent properties in other zones from the adverse influences of traffic and highway service uses are prime considerations in the application of this district.
The following are the principal permitted uses by "right" within a B-3A district:
1.
Any retail business whose principal activity is to service the needs of the highway traveler or provide merchandise oriented to service from an automobile including drive-in businesses, restaurants, or similar uses.
2.
Automobile service and repair establishments and parking garages.
3.
Bus passenger terminals and stations.
4.
Motels, hotels, and transient lodging facilities.
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-3A districts and as defined in chapter 2, section 202(1).
2.
Signs as provided in chapter 5.
3.
Off-street parking and loading as required and allowed.
4.
Personal wireless communication facilities as provided in section 2219.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)
1.
Qualifying conditions.
a)
Automobile and service repair establishments shall meet all the objectives, permitted use requirements and site development requirements set forth in chapter 22, section 2212.
b)
Drive-in businesses shall conform with the site development standards of chapter 22, section 2212.
c)
At all interchange areas (expressway) accessways shall be provided so that each separate use [or] as grouping of buildings or grouping of uses as a part of a single planned development shall not have more than two accessways from a feeder road. Such accessway shall not be located closer than 300 feet to the point of intersection of an entrance or exit ramp centerline and the feeder road. In those instances where properties fronting on a feeder road are of such width or are in multiple ownerships and accessways to property cannot be provided in accord with the minimum 300-foot distance from the intersection of the feeder road and entrance or exit ramps, a marginal access road shall be provided to service such properties.
d)
Motels or motor hotels shall conform to the conditions specified in chapter 16, section 1603(8).
e)
Automobile car washes shall conform to the site development and car wash standards cited in chapter 22, section 2212.
(Ord. No. 787, 2-13-2023, eff. 3-1-2023)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 20,000 square feet.
b)
Each lot shall be a minimum of 100 feet in width at the building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for loading or accessory structures.
Parking shall be permitted to encroach into the front yard after approval of a parking plan by the planning commission and provided a minimum setback of 25 feet is maintained.
b)
Each lot shall have a total side yard of 25 feet with a minimum of ten feet on each side.
c)
Each lot shall have a rear yard of 40 feet.
3.
Maximum building height.
a)
The maximum building height shall be three stories or 40 feet.
b)
Exceptions refer to chapter 3, section 304.
4.
Maximum lot coverage.
a)
A maximum of 40 percent of the lot may be covered by all buildings or structures.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
Any use engaged in the sale of merchandise, including prepared foods and beverages, shall provide at least one standard loading space regardless of floor area and at least one standard loading space for each 6,000 square feet or major fraction thereof of gross floor area involved in the use.
The B-4 business districts are designed and intended to meet the needs for sites by diversified and less intensive business types. It is the purpose of this district to accommodate uses characterized by the following:
1.
Customers are often served in his vehicle or has the vehicle served.
2.
They are large space users.
3.
They combine retail, service, wholesale, assembly, and repair activities in various ways.
4.
They serve entire community and regional markets.
5.
Clientele is more often other businesses and are not household oriented.
B-4 districts are generally located along major arterials and/or in proximity to rail service and/or B-3 districts and/or M districts.
The following are the principal permitted uses by "right" within a B-4 district:
1.
Uses permitted by "right" within B-3 districts and as therein regulated.
2.
Any retail business whose principal activity is the sale of merchandise in a permanent, enclosed building.
3.
Wholesale businesses.
4.
Miniwarehouses on a minimum lot of one acre.
A.
All doors, whether overhead, entry doors or otherwise, shall be coordinated to compliment the building's exterior.
B.
Screening requirements:
i)
When adjacent to agricultural, commercial or industrial zoned property, the development install screening around the periphery of the site as defined as buffer yard A (section 303(4),iii.).
ii)
When adjacent to residentially zoned property, the development install screening around the periphery of the site as defined as buffer yard B (section 303(4)iii.).
When the development retains mature trees at the edge of the property, which will effectively screen the development, the planning commission may permit the retention of the trees in lieu of requiring a buffer yard in that area.
5.
Manufacturing and processing establishments selling their entire output at retail on the premises.
6.
Building supply and equipment establishments.
7.
Assembly buildings including auditoriums, private clubs, fraternal organizations and churches.
8.
Public buildings and service installations.
9.
Service establishments including printing, publishing, photographic reproduction, blueprinting and related trades or arts.
10.
Automobile showrooms for new and used automobiles.
11.
Veterinary hospitals, clinics or kennels.
12.
Personal service establishments which perform personal services on the premises including barber shops, interior decorating shops, photographic studios and similar uses.
13.
Interior decorating shops.
(Ord. No. 684, 8-8-2005; Ord. No. 766, § 1, 2-24-2020)
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-4 districts and as defined in chapter 2, section 202(1).
2.
Commercial recreation facilities, such as indoor theater, bowling alley, billiard hall, indoor archery range, indoor skating rink or other similar uses; provided, that all uses will be conducted wholly within a completely enclosed building and that such building is located at least 100 feet from any front, side, or rear of any lot within an adjacent residential district.
3.
Temporary outdoor uses, as specified in chapter 17, section 1703(3).
4.
Drive-in theaters, golf and miniature golf courses, subject to the standards cited in chapter 22, section 2212.
5.
Servicing and repair of motor vehicles, trailers and boats, when conducted within a wholly enclosed building.
6.
Pet shops, provided that the animals and birds are kept entirely within the building at all times.
7.
Outdoor display lots exclusively for new or used automobiles, trucks, new or used recreational vehicles, boats, trailers, farm machinery and equipment, trailers or tractors which are for sale, rent or lease shall comply with the following:
A.
The business shall be located on a lot or parcel which has its frontage on a State of Michigan Highway.
B.
The lot shall have a minimum of 150 feet of road frontage and at least 40,000 square feet.
C.
All areas subject to vehicular use shall be paved in accordance with section 403 of this Ordinance.
D.
The perimeter of the parking area, along with circulation drives, shall be defined with concrete curbing as required in chapter 4 of this Ordinance.
a.
Exception: Landscaped islands are not required to be installed on the end of each row of parking of the display lot.
E.
No repair or refinishing work shall be done on the lot, unless such work is performed within a wholly enclosed building in accordance with an approved site plan.
F.
Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.
G.
No vehicle or product for sale, lease or rent shall be parked or displayed within 20 feet of a public right-of-way or proposed public right-of-way.
H.
No temporary structures are allowed.
I.
The applicant constructs and/or occupies a permanent building of at least 800 square feet on the site.
J.
The placement of vehicles for display is of a professional nature, such as no upside-down cars.
K.
Night lighting shall be shielded from all adjacent residential zoned districts in conformance with section 409 of the Zoning Ordinance.
L.
Where adjoining a residential district, a decorative masonry wall six to eight feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The planning commission may approve a landscaped berm as an alternative.
M.
A type c bufferyard is required on any side or rear property line abutting a residential district. (Fence with a 15-foot setback including shrubs and evergreens).
N.
Display areas, storage areas and all other vehicle parking contained on the site shall comply with the parking design and layout requirements of chapter 4 of this Ordinance.
8.
Signs as provided in chapter 5.
9.
Off-street parking and loading, as required and allowed.
10.
Restaurants, taverns, and other eating or drinking establishments which provide food or drink and/or entertainment on the premises, including drive-through restaurants subject to the standards cited in chapter 22, sections 2216 and 2218.
11.
Adult entertainment businesses. [Repealed.]
12.
Nonmanufacturing research and development establishments including:
a)
Laboratories, office and other facilities for research both basic and applied.
b)
Production of prototype products, limited to the scale necessary for full investigation of the merits of the products.
13.
Contracting and service establishments, including offices and accompanying warehouse or shop area for plumbers, mechanical contractors, home builders and other similar uses or trades, provided:
a)
The parcel is not directly adjacent to any residential development or zoning district.
b)
The outdoor storage of materials and equipment, including trailers, shall be allowed under the following conditions:
1)
Outdoor storage shall not exceed 1,000 square feet.
2)
All outdoor storage shall be enclosed by a eight-foot opaque fence.
3)
Outdoor storage shall not be stored in height over the maximum eight-foot fence.
c)
All vehicles over a one-ton-rated capacity must be stored within an enclosed building.
d)
The gross area of the building used principally for storage, does not exceed 10,000 square feet.
e)
Any prefabrication of materials or products, including equipment repairs, must be within a wholly enclosed building.
f)
The proposed use is designed, constructed, operated and maintained in harmony with adjacent land uses or zoning districts.
14.
Religious institutions, subject to the standards contained in section 2204.
15.
Social institutions, subject to the standards contained in section 2204.
16.
Day nurseries, subject to the standards specified in chapter 22, section 2209.
17.
Blood plasma donation centers.
a.
An indoor waiting area with a restroom shall be provided and open at least one hour prior to the opening of the center.
b.
The storefront/façade shall be active. No mirrored, tinted or screened out/blacked out windows are permitted.
c.
All loading and unloading shall be performed in the rear of the building. At least one designated loading area shall be provided.
d.
Hours of operation: 7:00 a.m. to 7:00 p.m. if within 600 feet of a residential district and/or private and public schools.
e.
Must provide a designated break area for employees, including outdoor space for smoking if permitted, as approved by staff.
f.
Bike racks and benches may be required to be installed per the Planning Commission at specific locations as approved by staff.
g.
Blood plasma centers shall not be located closer than 2,000 feet to another blood plasma center, as measured from property line to property line.
18.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 516, § 1, 2-28-1994; Ord. No. 561, 10-28-1996; Ord. No. 664, 5-24-2004; Ord. No. 692, 10-23-2006; Ord. No. 701, 3-26-2008; Ord. No. 744, 1-11-2016; Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted by the applications for the issuance of a special use permit when specified procedures of chapter 22 and the requirements as outlined in the chapter and sections are met:
1.
Drive-in businesses, including banks, restaurants and drive-in facilities related uses permitted in B-4 districts, subject to the standards cited in chapter 22, section 2212.
2.
Manufacturing and processing establishments selling their entire output at retail on the premises, subject to the standards of chapter 20, section 2006.
3.
Open-air businesses limited to retail sales of lawn furniture, playground equipment, garden supplies, building materials, and similar items.
4.
Automobile car wash establishments, subject to location, site development and car wash standards cited in chapter 22, section 2218.
5.
Funeral homes and mortuaries, subject to chapter 22, section 2210.
6.
Sexually oriented businesses shall be permitted subject to the standards cited in chapter 22, section 2215, sexually oriented businesses, and shall be subject to special approval review as required by chapter 22, special uses-special use permit requirements, but shall not be subject to section 2203, permit standards.
7.
Personal wireless communication facilities as provided in section 2219.
8.
Level 2 solar energy systems, subject to special use permit and the standards contained in section 2222.
9.
Indoor self-storage facilities in climate-controlled buildings; subject to the standards contained in chapter 22, section 2224.
(Ord. No. 516, 2-28-1994; Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 724, 9-26-2011; Ord. No. 771, 9-28-2020; Ord. No. 787, 2-13-2023, eff. 3-1-2023)
1.
Minimum lot size.
a)
Requirements for B-4 districts are the same as specified for B-2 districts.
2.
Minimum yard requirements.
a)
Requirements for B-4 districts are the same as specified for B-2 districts.
3.
Maximum building height.
a)
Requirements for B-4 districts are the same as specified for B-2 districts.
4.
Maximum lot coverage.
a)
A maximum of 60 percent of the lot may be covered by all buildings.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
The required number of standard berths for B-3 retail business uses and wholesale or processing uses shall be provided in amounts not less than shown in the following schedule:
b)
Supplementary regulations are contained in chapter 4.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The Campus Business Zoning District is intended for a varying range of development from the highest intensity uses immediately adjacent to Tittabawassee Road to the lowest intensity uses adjacent to existing residential neighborhoods. It is intended to implement the designated future land use area within the comprehensive development plan called campus business and designed to:
1.
Promote development that enhances Saginaw Charter Township's position as a location for corporate campuses, light industrial development that is capable of operation in such a manner as to control the external effects of the manufacturing process, such as odors, vibrations, emissions, or other nuisance characteristics through prevention or mitigation devices and conduct operations within wholly enclosed buildings.
2.
Promote development that is adjacent to existing and/or concurrent with proposed capital improvement projects, thus not burdening the township's infrastructure;
3.
Facilitate development that establishes a unique visual and economic identity for Saginaw Charter Township;
4.
Protect and enhance critical environmental and natural features as well as existing residential neighborhoods;
5.
Develop light industrial, research, office and mixed use areas that are safe, comfortable and attractive to pedestrians; and allow a mixture of complimentary land uses that may include housing, retail, offices, commercial services, and civic uses to create economic vitality;
6.
Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace;
7.
Reinforce streets as public places that encourage pedestrian and bicycle travel;
8.
Encourage efficient land use by facilitating compact development and minimizing the amount of land that is needed for surface parking.
(Ord. No. 703, 9-8-2008)
The following are the principal permitted uses in the CB-1 District:
1.
Teaching facilities in a college or university setting, including classroom buildings, assembly halls, administrative offices, libraries, and laboratories along with vocation schools and other types of technical training facilities.
2.
Hospitals, medical centers, medical offices, clinics, including accessory laboratories but excluding blood plasma centers and similar uses.
3.
Laboratories, including but not limited to, life science technology and medical laboratories, including biomedical engineering, biotechnology, genomics, proteomics, molecular and chemical ecology.
4.
Research, design, engineering, testing, diagnostics and pilot or experimental product development, including but not limited to medical device and alternative energy technologies.
5.
Administrative and professional offices.
6.
Light Industrial and manufacturing uses, when located within a wholly enclosed building.
7.
Accessory buildings and uses customarily incidental to any principal use permitted.
8.
Residential uses, subject to the following:
a.
Residential uses in conjunction with commercial uses (mixed use).
b.
Residential uses, when located at least 1,320 feet from Tittabawassee Road, and complying with section 2004.
(Ord. No. 703, 9-8-2008)
In developing the Campus Business District, the township acknowledges that there are uses which may be ancillary to those businesses for which the district was created. These ancillary uses are intended to act in a support function to the office, light industrial, research, etc., uses within the district. Though these uses may be independent of a use permitted by "right," these general commercial types of uses are not the primary purpose of the district and are therefore restricted in terms of size, square footage and location. Because the uses are intended to function as support, the following special conditions apply:
1.
Where Campus Business District support uses, are proposed, the following development limits apply:
a.
Uses permitted under special conditions are not intended to be located along frontage of Tittabawassee Road, as that area is designated for more intensive uses identified in Section 2002.
b.
No single building shall be more than 30,000 square feet, with no more than 20,000 square feet designated for uses in Section 2003.2.
c.
Loading doors shall not be visible from nor be located within 75 feet of any street or property boundary.
d.
When a building wall is adjacent to a road or when a building wall is within 50 feet of a property, the building wall(s) shall be constructed with no less than 35 percent glass.
e.
The aggregate floor area for uses devoted to Campus Business District support uses shall not exceed 30 percent of the gross floor area in the Campus Business District.
2.
When the conditions of Section 2003.1 are met, the following uses are permitted.
a.
Food stores.
b.
Retail.
c.
Business services.
d.
Restaurants/food service.
e.
Personal service uses.
f.
Banks.
g.
Entertainment.
h.
Commercial recreation.
i.
Day care.
j.
Other similar services not yet classified.
k.
Mixed use.
3.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
4.
Level 2 and level 3 solar energy systems, subject to the standards contained in section 2222 and issuance of a special use permit.
(Ord. No. 703, 9-8-2008; Ord. No. 771, 9-28-2020)
Campus Business District residential uses are intended to provide housing in densities and form not found elsewhere in the township. The purpose of permitting residential uses in this district is to supplement not replace, existing residential uses within the township. Uses the township wishes to encourage include creative forms of owner occupied housing, specifically attached townhomes, attached single family condominiums, traditional new urban neighborhood design and similar developments. It is not intended to permit scatter site development but creative integration of residential uses into a campus business environment. Residential uses are permitted, subject to the following:
1.
Residential uses in conjunction with commercial uses (mixed use), subject to the standards in Section 2002.8.
2.
Residential development, consisting of at least ten units, when located at least 1,320 feet from Tittabawassee Road when the following are met:
a.
Uses as identified in Section 2207.4.a. through e. regardless of the underlying district noted in this section.
b.
Minimum lot area as identified in Section 2207.f.
c.
Design standards as prescribed in [Section] 2207.6.
(Ord. No. 703, 9-8-2008)
1.
Minimum yard requirements for Campus Business District principal uses.
a.
Each lot shall have a minimum front yard of 50 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures.
b.
Each lot shall have a total side yard of 50 feet, with a minimum of 25 feet on each side. A side yard abutting a residential (R) district or use shall be not less than 100 feet; and further, in the case of a corner lot, the side yard on the street side shall be a minimum of 50 feet.
c.
Each lot shall have a rear yard of 50 feet. A rear yard abutting a residential (R) district shall be not less than 100 feet.
d.
When the side or rear yard areas abut a residential (R) district, a bufferyard, as specified in Section 303.4 shall apply.
2.
Minimum yard requirements for Campus Business District uses permitted under special conditions.
a.
Each lot shall have a minimum front yard of 30 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures.
b.
Each lot shall have a total side yard of 25 feet, with a minimum of ten feet on each side. A side yard abutting a residential (R) district shall be not less than 100 feet; and further, in the case of a corner lot, the side yard on the street side shall be a minimum of 30 feet.
c.
Each lot shall have a rear yard of 20 feet. A rear yard abutting a residential (R) district shall be not less than 100 feet.
d.
When the side or rear yard areas abut a residential (R) district, a buffer is required as specified in Section 303.4.
3.
Minimum yard requirements for Campus Business District residential uses.
a.
Mixed-use residential uses shall meet the minimum yard requirements for uses permitted under special conditions.
b.
Residential developments as defined shall follow the lot regulations as contained in Section 2207.5.f.
4.
Exceptions to setback requirements.
a.
No setback from railroads. No setback is required from a lot line that abuts the right-of-way of a railroad track. However, for the provisions of this district, if there is a R district adjacent to a railroad then a setback consistent with Section 2005.1.b. shall be provided.
5.
Maximum building height.
a.
Buildings shall not exceed 100 feet, provided the following:
i.
Any buildings within 150 feet of a residential (R) district shall not exceed two and one-half stories or 35 feet.
ii.
Any buildings located within 151 to 200 feet of a residential (R) district shall not exceed three and one-half stories in height or 45 feet.
b.
Exceptions (refer to Chapter 3, Section 304).
6.
Maximum lot coverage.
a.
A maximum of 50 percent of the lot may be covered by buildings.
7.
Minimum lot size. All lots shall meet the minimum standards below, with the acknowledgement that for residential uses, which require a minimum of ten units, shall be a minimum of five acres with individual lot sizes guided by standards contained in Section 2207.5.f.
a.
Each lot shall contain a minimum of 217,800 square feet, or five acres, unless a smaller lot size is specifically approved by the planning commission.
b.
Each lot shall be a minimum of 250 feet in width at the front building line.
(Ord. No. 703, 9-8-2008)
Uses in this district shall conform to the following standards:
1.
Storage, loading and service areas: Outdoor storage of materials and/or equipment may be permitted, however, the storage areas, loading or unloading and/or delivery areas need to be creatively shielded/screened from all public views including the roadway and adjacent properties. Screening shall be accomplished by using an existing building wall, a decorative masonry wall, or a combination of a masonry wall and landscaping. All masonry walls shall be a minimum of eight feet in height and shall provide a six- to eight-foot landscaping strip on the exterior of the wall. Within this landscaping strip at least one evergreen tree, a minimum of six feet in height, shall be provided every 20 lineal feet. When equipment or materials being stored have a height that exceeds eight feet the planning commission may require installation of a wall taller than eight feet to more appropriately screen the site.
2.
Uses shall emit no obnoxious, toxic or corrosive fumes or gases which are harmful to the public health, safety or general welfare except those produced by internal combustion engines under design operating conditions.
3.
Uses shall emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel.
4.
Uses shall produce no heat or glare to such an extent as to be detrimental to the health, safety, and general welfare at or beyond the lot boundaries.
5.
Uses shall produce no physical vibrations to such an extent as to be determined detrimental to the health, safety and general welfare at or beyond the lot boundary.
6.
Uses shall not include in the manufacturing process any production or storage of any material designed for use as an explosive.
[7.
Reserved.]
8.
Uses shall conform to all local, state and applicable federal pollution control standards, including noise, air, and water quality requirements.
9.
In addition to meeting the requirements of Chapter 20, Section 311 and Section 314, the planning commission may require studies, reports and additional information relative to how a proposed use will meet the performance standards in this section. This includes, but is not limited to: noise studies, odor maps, engineering analysis of proposed vibration, emission maps, schematics and renderings of the proposed buffers and buildings when viewed from the adjoining property, etc. Based on this information and/or documentation that the proposed use may deleteriously impact the adjoining property, the planning commission may require additional setbacks and screening, including time limits or restrictions on certain improvements to mitigate potential adverse effects, protect existing uses and to ensure compliance with the specific purposes and intent of the Campus Business District.
(Ord. No. 703, 9-8-2008)
A comprehensive sign plan provides a means for defining common sign regulations for multi-tenant projects and for consistency with the Campus Business District by providing incentives in the design and display of signs. A comprehensive sign plan shall be required for all developments and uses within the Campus Business District. An application for a comprehensive sign plan shall be included with the conceptual drawings, illustrations and building elevations and shall address the standards contained in this chapter. The sign plan shall be reviewed and approved by the planning commission, in association with building and site design, as a part of the site plan approval process and shall meet all the standards and requirements contained in Saginaw Charter Township's Sign Ordinance, Chapter 48.
1.
An application for a comprehensive sign plan shall include information on the following:
a.
The location of all wall, projecting, monument, and freestanding signs.
b.
A description of the signs including construction materials, color scheme, unifying design elements, and any proposed lighting.
c.
An itemization of sign sizes including height and area at all identified sign locations.
d.
The location of any area designated for temporary signs, and documentation of the means by which such signs may be illuminated if approved.
2.
A comprehensive sign plan shall comply with the following standards:
a.
The signs and their associated buildings hall share common design elements. The content of any sign message shall not be considered in determining whether common design elements are present.
b.
The comprehensive sign plan shall accommodate future revisions that may be required because of changes in principal uses or tenants.
c.
The comprehensive sign plan shall comply with the standards of this chapter, including any special allowances for sign area, number, location, and height provided for in this section.
(Ord. No. 703, 9-8-2008)
This district is intended for light industrial uses with few, if any, nuisance characteristics, but also permits commercial establishments not engaged in retail sales, service establishments which are of a type engaged in retail sales, and service establishments which are of a type not generally requiring the customer to call at the place of business. The M-1 district is designed to permit manufacturing, processing, assembling, packaging, or treatment of products from previously prepared materials. It is also intended to prohibit residential uses and intensive retail enterprise as being incompatible with the primary industrial and related uses permitted.
It is the purpose of these regulations to promote sound industrial areas within the community which are also protected from incompatible uses.
(Ord. No. 703, 9-8-2008)
The following are the principal permitted uses by "right" within an M-1 district:
1.
Office buildings for any of the following: executive, administrative, professional, accounting or writing, clerical or stenographic, and drafting.
2.
Production, processing, assembling, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery, tool, die, garage and machine products.
3.
Production, processing, assembling, packing or treatment of articles or products from the following: previously prepared or semifinished materials, bone, hair, fur, leather or feathers, fibers, plastics, glass or cellophane, wood, paper or cork, sheet metal or wire, tobacco, rubber, precious or semiprecious stones, and similar articles or products which are previously prepared or semifinished.
4.
Manufacturing of pottery and ceramics.
5.
Manufacturing of musical instruments, toys, novelties or other small, molded products.
6.
Manufacturing and assembly electronic instruments and equipment and electrical appliances and devices.
7.
Laboratories, including experimental, film, testing.
8.
Trade, skills or industrial schools and veterinary hospitals or clinics.
9.
Public utility installations and buildings, including power, fuel, communications, and water treatment.
10.
Truck terminals.
11.
Contractor's establishments.
12.
Wholesale, warehouses and storage buildings and yards, and wholesale firms.
13.
Other uses similar and with no more objectionable character to those permitted hereby, provided they meet the requirements of section 2005.
14.
Signs as provided in chapter 5.
15.
Off-street parking and loading as required and allowed.
16.
Manufacturing of electronics equipment, computers and similar items.
17.
Nonmanufacturing research and development establishments as specified in chapter 19, section 1903(15).
(Ord. No. 703, 9-8-2008)
The following uses of land and structure shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Accessory uses clearly subordinate to the principal use of the lot or building such as:
a)
Uses which can meet the requirements as herein specified or as defined in chapter 2, section 202(1).
b)
Restaurant or cafeteria facilities for employees.
c)
Caretakers' residences, if situated upon a portion of the lot complying with all of the requirements of the R-1 residential districts.
2.
Signs as provided in chapter 5.
3.
Off-street parking and loading as required and allowed.
4.
Restaurants, taverns, and other eating or drinking establishments which provide food or drink on the premises, however, not including "drive-in" establishments.
5.
Personal wireless communication facilities as provided in section 2219.
6.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 703, 9-8-2008; Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted by the applications for the issuance of a special use permit when specified procedures of Chapter 22 and the requirements as outlined in the chapter and sections are met:
1.
Religious institutions, subject to the standards contained in section 2204.
2.
Social institutions, subject to the standards contained in section 2204.
3.
Level 2 and level 3 solar energy systems, subject to the standards contained in section 2222.
4.
Automobile car wash establishments, subject to location, site development and car wash standards cited in chapter 22, section 2218.
5.
Indoor self-storage facilities in climate-controlled buildings; subject to the standards contained in chapter 22, section 2224.
(Ord. No. 692, 10-23-2006; Ord. No. 703, 9-8-2008; Ord. No. 771, 9-28-2020; Ord. No. 787, 2-13-2023, eff. 3-1-2023)
1.
Storage activities in this district within 300 feet of any other district shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors; provided, that it will not be within 300 feet of any other district. All outdoor storage shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates, which fence or wall shall be at least five feet in height, but in no case shall the fence be lower than the enclosed storage up to a maximum of eight feet in height. Such storage shall be deemed to include the parking of licensed motor vehicles over 1½ tons rated capacity.
2.
Retail sales are expressly prohibited except as may herein (chapter 21) be specifically allowed.
3.
Uses in this district shall conform to the following standards:
a)
Uses emit no obnoxious, toxic or corrosive fumes or gases which are harmful to the public health, safety or general welfare except those produced by internal combustion engines under design operating conditions.
b)
Uses emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel.
c)
Uses produce no heat or glare to such an extent as to be detrimental to the health, safety, and general welfare at or beyond the lot boundaries.
d)
Uses produce no physical vibrations to such an extent as to be determined detrimental to the health, safety and general welfare at or beyond the lot boundary.
e)
Uses do not include in the manufacturing process any production or storage of any material designed for use as an explosive nor in the use of any such material in production.
f)
Uses shall conform to all local, state and applicable federal pollution control standards, including noise, air, and water quality requirements.
g)
Outdoor storage of sand, dirt, stone, and other similar materials shall be properly controlled or covered so as to prevent particles from blowing onto adjacent lots or creating a nuisance to the public.
(Ord. No. 703, 9-8-2008)
1.
Minimum yard requirements.
a)
All structures are required to have a minimum front yard or setback of not less than 30 feet from the property line. Rear yards shall be ten percent of the lot depth, but need not exceed 40 feet. A minimum side yard of ten feet is required on each side. The total for both sides shall be 20 feet or ten percent of the width, whichever is greater. Where a lot in this district abuts a lot in any residential district, no building in the M-1 district shall be closer than 100 feet to the property line of such residential district lot.
Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, storage, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading but not for storage. The side or rear yard may be eliminated where a railroad service to the site is obtained at the edge of the lot.
b)
Structures and solid fences or walls shall be no closer to the lot boundary than a distance equal to twice their height. This provision shall not apply to main buildings 15 feet or less in height nor to accessory structures, fences, or walls ten feet or less in height.
c)
When the side or rear yard areas about land within a residential district and when such yard areas are to be used for parking, loading, unloading, or servicing, then such side and rear yard areas shall be effectively screened by a solid, uniformly finished wall or fence. Such wall or fence shall be at least five feet in height, but in no case shall the fence or wall be lower than the enclosed parking, loading, or servicing activity to be screened up to a maximum of eight feet in height.
2.
Maximum building height.
a)
Buildings shall not exceed 3½ stories in height or 45 feet, provided any buildings within 75 feet of a residential district shall not exceed 2½ stories or 35 feet.
b)
Exceptions (refer to chapter 3, section 304).
3.
Maximum lot coverage.
a)
There is no maximum lot coverage requirement for M-1 districts.
4.
Minimum lot size.
a)
Each lot shall be a minimum 100 feet in width for nonmanufacturing land uses and a minimum of 150 feet for manufacturing uses. No lot, in any event, shall be less than 130 feet in depth.
5.
Minimum off-street parking.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Minimum off-street loading area for M-1 uses.
a)
Industrial or manufacturing uses and warehouse operations shall provide loading areas in amounts not less than shown in the following schedule:
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004; Ord. No. 703, 9-8-2008)
This district is intended for intensive industrial uses but also permits light industrial, commercial establishments not engaged in retail sales, and service establishments which are of a type not generally requiring the customer to call at the place of business. The M-2 district is designed to permit the manufacturing, processing or assembling of semifinished or finished products from raw material as well as previously prepared material. It is also intended to prohibit residential uses and intensive retail enterprise as being incompatible with the primary industrial and related uses permitted. It is the purpose of these regulations to promote sound industrial areas within the community which are also protected from incompatible uses.
(Ord. No. 703, 9-8-2008)
The following are the principal permitted uses by "right" within an M-2 district:
1.
Uses permitted by "right" within an M-1 district.
2.
Heating and electric power generating plants.
3.
Any manufacturing, processing, testing, assembling, storage, and distribution of materials, goods, foodstuffs and other semifinished or finished products from raw materials.
(Ord. No. 703, 9-8-2008)
The following uses of land and structures are permitted, subject to the conditions hereinafter imposed for each use:
1.
Accessory uses that are clearly subordinate to the main use of the lot or building such as:
a)
Uses which can meet the requirements as herein specified or as defined in chapter 2, section 202(1).
b)
Restaurant or cafeteria facilities for employees.
c)
Caretakers' residences if situated upon a portion of the lot complying with all the requirements of the R-1 residential districts.
2.
Signs as provided in chapter 5.
3.
Off-street parking and loading as required and allowed.
4.
Communications towers (meeting requirements of section 2219).
(Ord. No. 703, 9-8-2008)
Editor's note— Ord. No. 536 added as paragraph 4 "Communications towers. (Meeting requirements of § 2219)." Ord. No. 578 effectively superseded Ord. No. 536. While Ord. No. 578 did not repeal the amendment to § 2103 made by Ord. No. 536, as the obvious intent of Ord. No. 578 was to replace Ord. No. 536, the amendment made by Ord. No. 536 has been deleted.
1.
Enclosed buildings. Activities in this district shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors; provided, that within 200 feet of any other district said storage shall be in completely enclosed buildings. All outdoor storage shall be effectively screened by a solid, uniformly finished wall or fence with a solid entrance and exit gate, which fence or wall shall be at least five feet in height, but in no case shall the fence be lower than the enclosed storage, up to a maximum height of eight feet. Such storage shall be deemed to include the parking of licensed motor vehicles every 1½ tons rated capacity.
2.
Retail sales. Retail sales are expressly prohibited except as may herein (chapter 21a) be specifically allowed.
3.
Standards of conformance. Uses in this district shall conform to the following standards:
a)
Uses emit no obnoxious, toxic or corrosive fumes or gases which are harmful to the public health, safety or general welfare, except those produced by internal combustion engines under design operating conditions.
b)
Uses emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel.
c)
Uses produce no heat or glare to such an extent as to be detrimental to the health, safety, and general welfare at or beyond the lot boundaries.
d)
Uses produce no physical vibrations to such an extent as to be determined detrimental to the health, safety and general welfare at or beyond the lot boundaries.
e)
Uses do not include in the manufacturing process any production or storage of any material designed for use as an explosive nor in the use of any such material in production.
f)
Uses shall conform to all local, state and applicable federal pollution control standards, including noise, air, and water quality requirements.
g)
Outdoor storage of sand, dirt, stone, and other similar materials shall be properly controlled or covered so as to prevent particles from blowing onto adjacent lots or creating a nuisance to the public.
(Ord. No. 703, 9-8-2008)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 13,000 square feet.
2.
Minimum yard requirements.
a)
All structures are required to have a minimum front yard or setback of not less than 30 feet from the front property line. Rear yards shall be ten percent of the lot depth, but need not exceed 40 feet. The total of the side yards shall be at least ten percent of the lot width, but need not exceed 40 feet, and may be divided between two side yards as desired. Where a lot in this district abuts a lot in any residential district, no building in the M-2 district shall be closer than 100 feet to the property line of such residential district lot.
Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, storage, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading but not for storage. The side or rear yard may be used for parking, loading or storage where a railroad service to the site is obtained at the edge of the lot.
b)
Structures and solid fences or walls shall be no closer to the lot boundary than a distance equal to twice their height. This provision shall not apply to main buildings 15 feet or less in height nor to accessory structures, fences, or walls ten feet or less in height.
c)
When the side or rear yard areas abut land within a residential district and when such yard areas are to be used for parking, loading, unloading, or servicing, then such side and rear yard areas shall be effectively screened by a solid, uniformly finished wall or fence. Such wall or fence shall be at least five feet in height, but in no case shall the fence or wall be lower than the enclosed parking, loading, or servicing activity to be screened up to a maximum of eight feet in height.
3.
Maximum building height.
a)
Buildings shall not exceed five stories in height or 70 feet, provided any buildings within 100 feet of a residential district shall not exceed 3½ stories or 45 feet.
b)
Exceptions (refer to chapter 3, section 304).
4.
Maximum lot coverage.
a)
There is no maximum lot coverage requirement for M-2 districts.
5.
Minimum off-street parking.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Minimum off-street loading area for M-1 uses.
a)
Industrial or manufacturing uses and warehouse operations shall provide loading areas in amounts not less than shown in the following schedule:
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004; Ord. No. 703, 9-8-2008)
The Mall Planned Unit Development (MPUD) District is intended to allow a mixture of land uses arranged according to an approved planned unit development plan and development agreement, meeting the standards of this chapter. The MPUD standards permit flexibility in the regulation of land development; encourage innovation in land use, form of ownership (such as a condominium), and variety in design, layout, and type of structures constructed; achieve economy and efficiency in the use of land; create aesthetically pleasing architectural features and public spaces; promote efficient provision of public services and utilities; minimize adverse traffic impacts; provide improved employment and service opportunities particularly suited to residents of the township; encourage development of convenient recreational facilities; and encourage the use and improvement of existing sites when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas.
The standards are intended to accommodate redevelopment of the Fashion Square Mall block, which is a key anchor to commercial development in the Tittabawassee Road and Bay Road corridors. The MPUD standards are not intended to avoid requirements of other zoning classifications rather than to achieve the stated purposes herein set forth. To encourage higher quality development, these standards may allow the township to relax or waive one or more of the dimensional requirements of the specified zoning districts. The MPUD also allows the developer the opportunity to mix compatible uses on a single property to achieve a more efficient use of the land than might otherwise be possible through an individual zoning classification.
(Ord. No. 783, 9-12-2022)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Fashion Square Mall Block" means the land area shown on the Township's 2021 Future Land Use Map as "Transitional" between Tittabawassee Road, Schust Road, Bay Road and Fashion Square Boulevard, to include the Fashion Square Mall and surrounding properties.
"Final MPUD site plan" means the final site plan approved by the planning commission for each phase of development for the Fashion Square Mall District.
"Mall Planned Unit Development (MPUD)" means the zoning district established for the Fashion Square Mall block.
"MPUD development agreement" means the Mall Planned Unit Development Agreement that is submitted with a final MPUD site plan and details the conditions of development approval along with any specific requirements such as timing of improvements, phasing, duration of approvals, financial guarantees, etc.
"Preliminary MPUD site plan" means the preliminary site plan that is recommended by the planning commission and approved by township board to regulate the overall use of land for the Fashion Square Mall site.
(Ord. No. 783, 9-12-2022)
The only property that qualifies for the MPUD district designation is the Fashion Square Mall block, as defined in Section 21b02 and as identified on the Saginaw Township Zoning Map as Mall Planned Unit Development (MPUD). The following principal uses are permitted in the MPUD district, in conformance with an approved preliminary MPUD plan:
In the MPUD district, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right, uses denoted by a "C" are conditional uses, and uses denoted by "S" are considered special land uses and may be approved by the planning commission subject to the applicable general and specific standards in chapter 22, special land uses. A notation of "—" indicates that the use is not permitted within the district. All permitted, conditional, and special land uses are subject to the applicable site development requirements of the ordinance.
(Ord. No. 783, 9-12-2022)
The only property that qualifies for the MPUD zoning designation is the Fashion Square Mall block, as defined in section 21b02 and as identified on the Saginaw Township Zoning Map as Mall Planned Unit Development (MPUD).
(Ord. No. 783, 9-12-2022)
Proposed development under the MPUD must meet the following minimum development and design standards:
A.
Availability and capacity of public services. The proposed type and density of uses(s) shall ensure adequate availability of public services, public facilities and utility capacities.
B.
Phased development. Each phase of the development must be capable of meeting the requirements of the ordinance including road network, with the use of T-turnarounds and stub street connections, utilities and availability of public services. Each phase upon completion must be capable of standing on its own with respect to these required improvements.
C.
Design standards. Proposed development of the site must, at a minimum, meet the design standards that are adopted as a separate document by resolution of the township board. Such document shall include, but not be limited to, provisions for site layout, access, vehicular and pedestrian circulation, parking, screening, building design and architecture, landscaping, open/green space, public space, lighting, and signage.
(Ord. No. 783, 9-12-2022)
A.
District requirements. Unless modified by the planning commission, according to the MPUD standards, all zoning ordinance requirements for the following zoning districts designated on the preliminary MPUD Plan shall apply, depending upon the applicable use.
Residential uses: R-4
Commercial uses: B-3
B.
Regulatory flexibility. To encourage flexibility and creativity, the planning commission may grant specific modifications from the requirement of the zoning ordinance as a part of the approval process. Dimension ordinance standards may be modified, provided that such modifications result in a higher quality development that meets the intent of this section and provides a more efficient use of land and improved compatibility with adjacent land uses.
C.
Approval of modifications. Any regulatory modification shall be approved through a finding by the planning commission that the modification shall result in a higher quality of development than would be possible using conventional zoning standards. Higher quality development that would be approved in exchange for a modification would include enhanced building design (e.g. higher quality materials, improved design), increased landscaping, additional site amenities (e.g. fountains, seating areas, gazebos), enhanced infrastructure, etc. Regulatory modifications are not subject to variance approval of the zoning board of appeals.
D.
Table of modifications. A table shall be provided on the site plan which specifically details all modifications from the established zoning district's dimensional requirements including density, lot area, height, setback, off-street parking, or other zoning ordinance provisions which would otherwise be applicable to the uses and development proposed in the absence of this MPUD chapter. This specification should include ordinance provisions, from which modifications are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which modifications are sought. Only those modifications consistent with the intent of this chapter and the Saginaw Township Master Plan shall be considered.
(Ord. No. 783, 9-12-2022)
The application process for a MPUD involves a two step process, with an optional planning commission workshop, that includes review of a preliminary MPUD site plan by both the planning commission and township board. Upon approval of the preliminary MPUD site plan, a final MPUD site plan shall be reviewed by the planning commission. The procedures are described below.
A.
The applicant shall meet with township staff to review the MPUD requirements and confirm that application materials are complete. An optional pre-application workshop with the planning commission may be requested by the applicant to discuss the details of the MPUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant desiring such a workshop shall request placement on the planning commission agenda.
B.
The applicant shall submit the preliminary MPUD site plan, meeting the requirements of section 21b07, at least 45 days prior to the meeting at which the planning commission shall first review the request; 30 days for an applicant who has had a pre-application workshop on the proposal within 60 days of the preliminary MPUD site plan submittal.
C.
The planning commission shall review the preliminary MPUD site plan and conduct a public hearing in accordance with section 2305, public notice. During this review, the administration and/or planning commission may request additional materials supporting the MPUD proposal, or recommend modifications or conditions based on the standards of 21b07(c). Examples of additional information include but are not limited to a traffic study, environmental study, market analysis, community impact statement, etc. The planning commission shall then make a recommendation on the preliminary MPUD site plan to the township board. The applicant shall incorporate these modifications or conditions recommended by planning commission prior to the review by the township board.
D.
Following receipt of the planning commission recommendations, the township board shall take final action and either approve, deny or approve with conditions the preliminary MPUD site plan.
E.
Any conditions imposed upon the approval of the preliminary MPUD site plan by the township board shall be made part of the approval and shall be reflected in the final MPUD site plan.
F.
Approval of the preliminary MPUD site plan shall be effective for a period of two years. If a final MPUD site plan for at least the first phase of the project is not submitted and approved, permits issued and construction initiated within two years of the preliminary approval, the preliminary MPUD site plan shall terminate and a new application must then be filed and processed. The two year period for preliminary MPUD approval may be extended for not more than one year, if applied for by the petitioner prior to expiration and granted by the township board, based upon a recommendation by the planning commission. To be considered for an extension, the applicant must demonstrate that the applicant has been working diligently toward construction of the project, but has been unable to begin construction within the two-year time period for reasons beyond the applicant's control, such as a change in the economy, environmental cleanup issues, etc.
G.
If the approved preliminary MPUD site plan indicated that the proposed development was to occur in phases, final MPUD site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to insure protection of the health, safety, and welfare of the users of the MPUD and of the surrounding area. Roads, utilities and other infrastructure for each phase shall be designed to fully operate in accordance with township engineering standards and not be dependent upon the completion of subsequent phases. Subsequent phases shall also follow the process for final MPUD site plans outlined in this chapter.
H.
For multi-phased plans, the preliminary MPUD plan shall remain in effect for a period of five years and the applicant has the right to request a five year extension if economic conditions dictate the need for said extension.
I.
The applicant shall submit the final MPUD site plan, as described in section 21b11, for all or any phase of, the approved preliminary MPUD site plan. Upon submission of all required materials and fees, the planning commission shall review the final MPUD site plan and shall take final action on the final MPUD site plan, in accordance with the standards and regulations of this chapter. The planning commission may request additional studies or materials that it deems necessary to render a decision.
J.
The township attorney will prepare a draft MPUD development agreement stating the conditions upon which the MPUD is based, which shall be submitted to the township board for approval concurrent with the preliminary MPUD plan. The MPUD development agreement will be finalized during final MPUD approval and shall be entered into between the township and the applicant and be recorded in the office of the Saginaw County Register of Deeds. The applicant shall pay all costs associated with recording the MPUD development agreement.
K.
If the final MPUD site plan was approved with conditions, the applicant shall submit a revised final MPUD site plan to the director of community development for approval prior to the issuance of any building permits.
L.
The applicant shall reimburse the township for all costs related to the review of the MPUD application, including the preparation of the MPUD development agreement by the township attorney.
(Ord. No. 783, 9-12-2022)
The township board may, by resolution and upon recommendation of the planning commission, approve a MPUD development plan establishing specific design and development standards for multiple sites, which may include pre-formulated waivers for certain requirements and standards of the underlying zoning district. For the purposes of this chapter, an approved MPUD development plan shall function like an approved preliminary MPUD site plan, requiring each subsequent developer and/or project to follow the process for final MPUD site plan outlined in this chapter. There shall be no expiration date for a township-initiated MPUD development plan. Except as provided by the township board in the MPUD development plan, the planning commission may require each developer to enter into a separate MPUD development agreement for each individual site or series of projects. Deviations from an approved MPUD development plan shall be permitted only in accordance with section 21b13, deviations from approved final MPUD site plan.
(Ord. No. 783, 9-12-2022)
The preliminary MPUD site plan shall set forth the proposed uses to be developed in the MPUD. The following specific information shall be provided in the preliminary MPUD site plan submittal:
A.
Proof of ownership. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement with written authorization from the owner.
B.
Written documentation. Written documentation that the preliminary MPUD site plan meets the standards of section 21b05.
C.
Application form and fees. A completed application form, supplied by the director of community development, and an application/review fee; a separate escrow deposit, to be kept current throughout the review process, shall be required for administrative and consulting charges to review the MPUD submittal.
D.
Sheet size. Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale of one inch equals 20 feet for sites of 20 acres or less; and one inch equals 100 feet or less (i.e. one inch equals 20 to 100 feet) for sites over 20 acres.
E.
Cover sheet. Cover sheet providing:
1.
Applicant's name.
2.
Name of the development.
3.
Preparer's name and professional seal of architect, engineer, surveyor, and landscape architect as applicable indicating license in the State of Michigan.
4.
Date of preparation and any revisions.
5.
Complete and current legal description and size of property in acres.
6.
Small location sketch of the subject site and area within one-half mile, and scale.
7.
Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the MPUD site.
F.
Final MPUD site plan submittal requirements. A site plan sheet, meeting the requirements of section 311, site plan review, indicating:
1.
Existing locations of all natural, historical, and architectural features, existing drainage patterns, surface water bodies, floodplain areas, EGLE designated or regulated wetlands with supporting documentation, nonregulated wetland areas two or more acres in size, and a tree survey indicating the location and diameter (in inches, measured four feet above grade) of existing trees.
2.
Existing and proposed topography at five foot contour intervals, and a general description of grades within 100 feet of the site.
3.
An aerial photograph of the entire site and all areas within one-half mile of the site, taken not more than one year prior to the date of the MPUD application.
4.
Dimensions of existing and proposed right-of-way lines, names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian and/or bicycle paths.
5.
Existing buildings, utility services (with sizes), and any public or private easements, noting those which will remain, and which are to be removed.
6.
Layout and typical dimensions of proposed lots, footprints, and dimensions of proposed buildings and structures; uses with the acreage allotted to each use.
7.
General engineering information for utilities and drainage.
8.
General location and type of landscaping proposed (evergreen, deciduous, berm, etc.) noting existing trees and landscaping to be retained.
9.
Building elevations, floor plans and materials.
10.
Public open space areas.
11.
Size, type, and location of proposed identification signs.
12.
North arrow.
13.
Property lines and dimensions.
14.
Lot lines and all structures on the property and within 100 feet of the MPUD property lines.
15.
Location of any vehicle access points on both sides of the street within 100 feet of the MPUD site along streets where vehicle access to the MPUD is proposed.
16.
The applicant may be required to submit additional studies requested by the administration, the planning commission, or the township board to aid in a decision on the final site plan. These additional studies may include, but are not limited to, traffic studies, environmental studies, community impact studies, market need analysis, etc.
G.
MPUD development agreement. A draft written MPUD development agreement specifying all the terms and understandings of the MPUD development must be submitted with the final MPUD site plan. The agreement shall be prepared by the township attorney (at the applicant's expense), the content of which shall be based on the extent of the proposed development, but shall at a minimum provide the following:
1.
A survey of the acreage comprising the proposed development.
2.
The manner of ownership of the developed land.
3.
The amount, manner of the ownership and proposed method of dedication or mechanism to protect any areas designated as common areas or open space.
4.
Land use description including list of proposed uses, lot dimensions, setbacks and other dimensional standards.
5.
Description of improvements to common areas, recreational facilities and non-motorized pathways.
6.
General description of any improvements to roads or utilities. The cost of installing and maintaining all streets and the necessary utilities shall be assured by a means satisfactory to the township.
7.
Provision assuring that open space areas shown on the plan for use by the public or owners of the development will be irrevocably committed for that purpose. The township may require conveyances or other documents to be placed in escrow to accomplish this.
8.
Provisions 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 township.
9.
Provisions to ensure adequate protection and maintenance of public spaces.
10.
Financial assurances to guaranty the completion of all improvements.
11.
An acknowledgement by the applicant that the terms and conditions of any approval are fair, reasonable, and equitable, and that the applicant shall be bound by each and every condition and provision of the development agreement.
12.
The preliminary MPUD site plan shall be incorporated by reference and attached as an exhibit, including conditions attached to the approval.
H.
Additional information. Any additional graphics or written materials requested by the planning commission or township board to assist the township in determining the appropriateness of the MPUD such as, but not limited to: market studies; impact on public primary and secondary schools and utilities; traffic impact study; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; description of how property could be developed under the regulations of the underlying district; preliminary architectural sketches; and estimated construction cost.
(Ord. No. 783, 9-12-2022)
Based upon the following standards, the planning commission may recommend denial, approval, or approval with conditions, and the township board may deny, approve, or approve with conditions the proposed preliminary MPUD site plan.
A.
The MPUD shall meet the qualifying conditions of section 21b04.
B.
The MPUD must be consistent with the Saginaw Township Master Plan.
C.
The uses must have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed must not adversely affect the public utility and circulation system, surrounding properties, or the environment.
D.
Any modifications to the dimensional standards of this chapter, such as lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards shall be reviewed and approved by the planning commission.
E.
The number and dimensions of off-street parking shall be sufficient to meet the minimum required by section 402, off-street parking and loading general requirements. However, where warranted by overlapping or shared parking arrangements, the planning commission may reduce the required number of parking spaces in accordance with section 402, off-street parking and loading general requirements.
F.
All streets and parking areas within the MPUD shall meet the minimum construction and other requirements of township ordinances, unless modified by township board.
G.
Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.
H.
Landscaping shall be provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Plantings and other landscape features shall be consistent with or exceeding the standards of section 314, general design guidelines.
I.
Judicious effort shall be used to preserve significant natural features and the integrity of the land, including EGLE-regulated and nonregulated wetlands.
J.
Public water and sewer facilities shall be available or shall be provided by the developer as part of the site development.
K.
Building design shall be of a high-quality and be consistent with or exceed the standards of section 314, general design guidelines.
(Ord. No. 783, 9-12-2022)
The final MPUD site plan shall include all the following information, unless the director of community development determines that some of the required information is not reasonably necessary for the consideration of the MPUD:
A.
All information required for site plan submittal in accordance with section 311, site plan review.
B.
Any additional graphics or written materials requested by the planning commission to assist in determining the impacts of the proposed final MPUD site plan, including, but not limited to, economic or market studies; impact on public utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.
C.
The final MPUD site plan application shall also note and include any variations to the dimensional standards of this chapter, such as density, lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards.
(Ord. No. 783, 9-12-2022)
The planning commission shall use the standards for approval of section 311(6), site plan review, and any design requirements developed specifically for the MPUD by the township board, in reviewing the final MPUD site plan. Any additional modifications to dimensional requirements under section 21b06, dimensional requirements, may be approved by the planning commission when meeting the intent of this ordinance.
(Ord. No. 783, 9-12-2022)
A.
Deviations from the approved final MPUD site plan and associated design guidelines shall be reviewed and approved in accordance with section 21b12.
B.
Deviations to the approved site plan may occur only under the following circumstances:
1.
An applicant or property owner who has been granted final MPUD site plan approval shall notify the director of community development of any proposed amendment to such approved site plan.
2.
Minor changes may be approved by the director of community development, or designee. The director of community development must provide, in writing to the planning commission, documentation that the proposed revision does not alter the basic design, compliance with the standards of this article [chapter], nor any specified conditions of the plan as agreed upon by the planning commission. Examples of minor changes include but are not limited to the following:
(a)
Change in size of structures by up to five percent.
(b)
Change in square footage of non-residential buildings by up to five percent or 1,000 square feet, whichever is smaller.
(c)
Alterations to horizontal and/or vertical elevations by up to five percent.
(d)
Movement of a building or buildings by no more than ten feet.
(e)
Increase in designated open space or "areas not to be disturbed."
(f)
Replacement of plantings approved in the site plan landscape plan by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one or greater basis, with approval of the director of community development.
(g)
Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.
(h)
Changes of building materials to another of higher quality, as determined by the director of community development.
(i)
Changes in floor plans which do not alter the character of the use.
(j)
Slight modification of sign placement or reduction of size.
(k)
Relocation of sidewalks and/or refuse storage stations.
(l)
Internal rearrangement of parking lot which does not change the number of parking spaces by more than five percent or alter access locations or design.
(m)
Changes required or requested by the township for safety reasons.
3.
Should the director of community development determine that the requested amendment to the approved site plan is not minor, a revised final MPUD site plan submission must be submitted for planning commission review and possible approval. All modifications must be highlighted in such a manner that the modifications to the approved plan are easily identified. Any change in use from the approved preliminary MPUD site plan must be reviewed and approved by the planning commission to determine if it meets the intent of the originally approved plan.
4.
Should the planning commission determine that the modifications to the final MPUD site plan significantly alter the intent of the preliminary MPUD site plan, a new submittal illustrating the modification shall be required and must be approved by the township board as a new preliminary MPUD site plan.
(Ord. No. 783, 9-12-2022)
Appeals and variances related to a MPUD cannot be taken to the zoning board of appeals. Modifications can only be granted by the planning commission when it is determined that the requested amendments are in keeping with the overall intent of a MPUD, as identified in section 21b01.
(Ord. No. 783, 9-12-2022)
LAND USE DISTRICTS
Cross reference— Floods, ch. 34.
Cross reference— Businesses, ch. 18.
Cross reference— Businesses, ch. 18.
Cross reference— Businesses, ch. 18.
Cross reference— Businesses, ch. 18.
Cross reference— Businesses, ch. 18.
Editor's note— Ord. No. 703, adopted Sept. 8, 2008, amended this appendix by redesignating Ch. 20, §§ 2001—2006, as Ch. 21, §§ 2101—2106.
Cross reference— Businesses, ch. 18.
Editor's note— Ord. No. 703, adopted Sept. 8, 2008, amended this Appendix by redesignating Ch. 21, §§ 2101—2105, as Ch. 21a, §§ 21a01—21a05.
Cross reference— Businesses, ch. 18.
For the purposes of this Ordinance, the township, excepting streets and alleys, is divided into the following zone districts:
(Ord. No. 703, 9-8-2008)
The boundaries of these districts are hereby defined and established as shown on a map entitled "Township Zone District Map," which accompanies this Ordinance and which map with all explanatory matter thereon is hereby made a part of this Ordinance. The official zone map shall be kept and maintained by the township clerk.
Where uncertainty exists with respect to the boundaries of any of the districts indicated on the official zoning map, the following rules shall apply:
a)
Boundaries indicated as approximately following the streets or highways or the centerline of said roadways shall be construed to be such boundaries.
b)
Boundaries indicated as approximately following township boundary lines or following lot lines shall be construed as following said lines.
c)
Boundaries indicated as approximately parallel to the centerlines of streets or highways shall be construed as being parallel thereto and at such distance therefrom as indicated by given distance or scaled dimension.
No building or structure, or part thereof, shall hereafter be erected, moved, constructed, or altered, and no new use or change in use shall be made unless in conformity with the provisions of this Ordinance and with the regulations specified for the district in which it is located.
The regulations applying to such district include specific limitations on the use of land and structure, height and bulk of structures, density of population, lot area, yard dimensions, and area of lot that can be covered by each structure.
The board of appeals shall have the power to classify a use which is not specifically mentioned along with a comparable permitted or prohibited use for the purpose of clarifying the use regulations in any district.
This district is intended to protect floodplain and/or conservation areas; to promote the public health, welfare, and safety by prohibiting use of land within floodways which may result in the loss of life or property; [and] to preserve natural features, wildlife areas and scenic landscape. The basic purposes as herewith recognized are to protect persons and property from the hazards of floods and from resulting cost to the community, as well as to preserve natural resources and assets.
The following are the principal uses by "right" within a FC-1 district:
1.
Farm crop, forestry, or similar land resource operations which do not adversely affect the natural state for which this district is designed to protect.
2.
Parks, playgrounds, and conservation areas therein owned and operated by a public agency.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory use to any of the permitted uses listed in the FC-1 district as defined in chapter 2, section 202(1).
2.
Recreation, refreshment, amusement and service structures may be permitted in public recreation or conservation area under supervision of public authorities and provided no structures are erected in an area subject to flooding.
3.
Boat landings and docks, but not including incidental refreshments or restaurant facilities, provided ample at-grade off-street parking and storage facilities are provided for vehicles.
4.
Agricultural buildings, provided no structures are erected within an area subject to flooding; however, under no circumstance may a building be erected or altered for residential purposes.
5.
Alteration of the existing grade of areas subject to flooding is prohibited except upon issuance of a permit by the State of Michigan, Water Resources Commission, as required by the state law, Act 245 of the Public Acts of 1929, as amended (section 5b).
6.
Signs as provided in chapter 5.
7.
Off-street parking and loading as required and allowed, provided that all parking be at existing grade.
8.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 771, 9-28-2020)
The following uses of land and structure may be permitted in the FC-1 district by the application for an issuance of special use permit when all the procedural requirements specified in chapter 22, together with all applicable standards as cited in this chapter or chapter 22, are met.
1.
Golf courses and country clubs, other than miniature golf courses, subject to the conditions of chapter 22, section 2205, and further provided no structures are constructed in any area subject to flooding.
2.
Golf driving ranges, subject to section 2213(3)(b) and the following conditions:
a)
Off-street parking spaces shall be provided in accordance with the schedule outlined in chapter 4, in addition to those required for a golf course or country club.
b)
The driving range shall be a minimum of 200 feet at all points from any adjacent residential property and/or district.
c)
The driving range shall be designed so that balls are not hit in the general direction of any buildings, roads, pedestrian paths, or other areas where people or personal property may be hurt or damaged.
d)
An off-street lighting plan shall be submitted to the planning commission for approval in compliance with section 407.
e)
Minimum site area shall be ten acres with a minimum width of 300 feet and depth of 350 feet.
f)
Provisions shall be made for preventing balls from landing on adjacent parcels or roadways.
3.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirements of section 2219.
1.
Minimum lot size.
a)
None required.
2.
Minimum yard requirements.
a)
Same as for A-2 agricultural district.
3.
Maximum building height.
a)
Same as for A-2 agricultural district.
4.
Maximum lot coverage.
a)
None required.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4. (Refer to section 404.)
6.
Loading requirements.
a)
None required in FC-1 districts.
This district is intended to control the development of nonfarm use within primarily open land farm areas. It is the purpose of the regulations for this district to promote the maintenance of farm areas, while at the same time provide for special uses of a nonfarm nature which will not deter the basic objectives of this Ordinance.
The following are the principal permitted uses by "right" within an A-2 district:
1.
Single-family dwelling.
2.
General farming and forestry including field crop and fruit farming, truck gardening, horticulture, aviaries, hatcheries, apiaries, greenhouses, tree nurseries and similar agricultural enterprises.
3.
Specialized farming including the raising and keeping of small animals and livestock, provided that such livestock are fenced in or otherwise prevented from roaming at large off premises.
4.
Public and private conservation areas and structures for the conservation of water, soil, open space, forest or wildlife resources.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the A-2 district as defined in chapter 2, section 202(1).
2.
Customary home occupations, as specified for R-1 districts.
3.
Cemeteries, public or private, subject to the conditions specified for R-1 districts.
4.
Roadside stands selling products grown by the owner of the property upon which the stand is located, provided that contiguous space for the parking of customers' vehicles is furnished off the public right-of-way at the ratio of one parking space for each 15 square feet of roadside stand floor area.
5.
Signs as provided in chapter 5.
6.
Off-street parking and loading as required and allowed.
7.
Private stables, as defined under section 202(78), with a minimum site of five acres.
8.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted in the A-2 district by the application for an issuance of a special use permit when all of the procedural requirements specified in chapter 22, together with all applicable standards as cited in chapter 22, are met:
1.
Farms for production of fur-bearing animals for profit which occupy a minimum site of five acres of land, provided such animals are at all times contained within a structure or fenced area; that the structure and area be maintained in a clean, healthful and inoffensive manner; and further that the structure and area be located so as to minimize the potentially adverse effects of noise or odors on adjacent properties so as to not create a nuisance.
2.
Grain and seed elevators and sales, cold storage for cooperative and/or wholesale agricultural products, and similar enterprises which are directly related to agriculture, and provided adjacent areas and uses therein [sic].
3.
Golf courses and country clubs, other than miniature golf courses, are subject to the conditions of chapter 22, section 2205, and further provided no structures are constructed in any area subject to flooding. Golf driving ranges that are ancillary to permitted golf courses and/or country clubs subject to chapter 22, section 2205 and the conditions listed under section 704(2).
4.
Greenhouses and nurseries not selling [at] retail on the premises.
5.
Incinerators and sanitary fills, subject to the standards cited in chapter 22, section 2213.
6.
Correctional institutions or camps, subject to the standards cited in chapter 22, section 2213.
7.
Institutional uses including: religious institutions, institutions for human care, educational and social institutions, and public buildings and service installations, subject to the standards cited in chapter 22, section 2204.
8.
Public parks and recreation areas.
9.
Race tracks with the exception of motor vehicle events, miniature golf courses and golf driving ranges, subject to the standards cited in chapter 22, section 2213.
10.
Commercial riding stables or academies with a minimum site area of five acres or one acre for each horse stabled on the parcel whichever is greater.
11.
Sand, gravel or clay pits and quarries, subject to the standards cited in chapter 22, section 2213.
12.
Seasonal labor housing complex associated with agricultural enterprise.
13.
Sewage treatment and disposal installations, subject to the standards cited in chapter 22, section 2213.
14.
Special open space uses, subject to the standards cited in chapter 22, section 2213.
15.
Veterinary hospitals, clinics, and kennels, which occupy a minimum site of five acres of land.
16.
Mobile home park development, subject to the standards cited in chapter 22, section 2206.
17.
Private airports or landing fields.
18.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirements of section 2219.
19.
Substance abuse rehabilitation centers subject to the standards cited in section 2213.
20.
Open space preservation developments complying with the requirements of section 2220.
21.
Level 2 and level 3 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 578, 1-26-1998; Ord. No. 633, 10-14-2002; Ord. No. 636, 2-24-2003; Ord. No. 771, 9-28-2020)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 20,000 square feet per dwelling unit.
b)
Each lot shall be a minimum of 100 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth nor have a ratio of depth to width greater than four feet of depth for each one foot of width.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 60 feet.
b)
Each lot shall have a total side yard of at least 35 feet, with a minimum of 15 feet on one side.
c)
Each lot shall have a minimum rear yard of 40 feet.
d)
In the case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall be 15 feet.
e)
In any case, no permanent or temporary structure housing livestock, other animals or for storage of manure shall be located any closer than 150 feet to a lot line.
3.
Minimum floor area per dwelling unit.
a)
Each dwelling unit shall have a minimum floor area of 1,040 square feet per dwelling unit, with a minimum of 800 square feet on the ground floor for units of more than one story.
4.
Maximum building height.
a)
Two and one-half stories or 35 feet.
b)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
A maximum of 25 percent of the lot may be covered by all buildings.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required in A-2 districts.
(Ord. No. 678, 11-8-2004)
This district is intended primarily for single-family residential uses, together with such compatible uses as schools, churches, and recreational uses. The regulations herein set forth are designed for the purposes of encouraging a residential environment of low-density single-family dwellings located in individual lots.
The following are the principal permitted uses by "right" within an R-1 district:
1.
Single-family dwelling not to exceed one single-family dwelling per lot.
2.
Public parks, public playgrounds, public recreational grounds, and grounds for games and sports, except those of which the chief activity is carried on, or is customarily carried on, as a business.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the R-1 district and as defined in chapter 2, section 202(1) and section 305.
2.
Customary home occupations as provided in chapter 3, section 305(9).
3.
Cemeteries, public and private, subject to the following conditions:
a)
The site shall be at least 20 acres and shall be so designed as to provide ingress and egress directly onto or from a major or minor thoroughfare.
b)
No principal or accessory building shall be closer than 50 feet from any abutting residentially zoned property line.
c)
All lighting shall be shielded to reduce glare and shall be so arranged and maintained to direct light away from residential lands adjoining the site.
d)
A maximum of one sign is permitted at a point of entrance or exit which shall bear only the name of the cemetery and shall have a maximum area of 16 square feet. The sign shall be located no closer than the yard requirements for the residential zone.
4.
Signs, as provided in chapter 5.
5.
Off-street parking and loading as required and allowed.
6.
Family day care facilities as provided in chapter 3, section 305(10).
7.
State-licensed residential facilities, provided the population of such a facility is no greater than six persons and no similar facility is located within 1,500 feet of the proposed facility and persons released from correctional facilities may not be housed in such a facility.
8.
Group day care home, as provided in chapter 3, section 305(11).
9.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 701, 3-26-2008; Ord. No. 771, 9-28-2020)
The following uses of land and building may be permitted in the R-1 districts by the application for issuance of a special use permit when all of the procedural requirements specified in chapter 22, together with the applicable standards cited in chapter 22, are met.
1.
Institutional uses including religious institutions, educational and social institutions, and public buildings and service installations, subject to the standards specified in chapter 22, section 2204.
2.
Bed and breakfast establishments as provided in section 2217.
3.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirement of section 2219.
4.
Planned neighborhood development, subject to the requirements of section 2221.
(Ord. No. 578, 1-26-1998; Ord. No. 753, 8-14-2017)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 10,400 square feet per dwelling unit.
b)
Each lot shall be a minimum of 80 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
c)
Each lot not being serviced by public sanitary sewer shall be provided with a minimum of 85 feet in width at the front building line and shall contain a minimum of 12,000 square feet. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet.
b)
Each lot shall have a total side yard of at least 20 feet, with a minimum of ten feet on each side.
c)
Each lot shall have a minimum rear yard of 30 feet.
d)
In case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
3.
Minimum floor area per dwelling unit.
a)
Each dwelling unit shall have a minimum finished living area of 1,040 square feet floor area per dwelling unit with a minimum of 800 square feet on the ground floor for units of more than one story.
4.
Maximum building height.
a)
Two and one-half stories of 35 feet.
b)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
A maximum of 25 percent of the lot may be covered by all buildings.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required in R-1 district.
(Ord. No. 455, 4-22-1991; Ord. No. 510, 10-11-1993; Ord. No. 678, 11-8-2004)
This district is intended for yet open rural and agricultural area which are the prime potential for urban development.
The regulations herein set forth are designed for the purpose of encouraging and allowing well-planned low-density residential and related uses together with planned unit developments (for low to medium density) within R-1A districts as they are ready for development.
The following are the principal permitted uses by "right" within an R-1A district:
1.
All uses permitted by "right" within an R-1 district and subject to all the restrictions hereinafter cited.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the R-1A district and as defined in chapter 2, section 202(1).
2.
Customary home occupations as specified for R-1 districts.
3.
Cemeteries, public and private, subject to the conditions specified for R-1 districts.
4.
Customary agricultural operations on a minimum site of five acres of land including general farming, truck farming, fruit orchards, nurseries, greenhouses, and usual farm buildings but subject to the following restrictions:
a)
No storage of manure or other odorous or dust-producing materials or use shall be permitted within 150 feet of any adjoining lot line.
b)
Stables and buildings housing farm animals shall not be closer to any adjoining lot line than 150 feet.
c)
No farm buildings shall be located closer than 50 feet to any lot line.
d)
Customary farm animals except swine, poultry, rabbits, etc., and dogs other than household pets may be kept on a noncommercial basis when adequately housed and fenced on a parcel of land not less than five acres.
e)
No products shall be publicly offered for sale from the roadside.
5.
Single-family dwelling not to exceed one single-family dwelling per lot with a minimum lot size of 12,750 square feet and a minimum width at the front building line of 85 feet, providing the lot is a lot of record of a legally recorded plat. All other dimensional requirements of section 1005 are applicable.
6.
Signs as provided in chapter 5.
7.
Off-street parking and loading as required and allowed.
8.
Family day care facilities as provided in chapter 3, section 305(9).
9.
State-licensed residential facilities as specified for R-1 districts.
10.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 771, 9-28-2020)
The following uses of land and buildings may be permitted in the R-1A districts by the application for issuance of a special use permit when all the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22 are met.
1.
Institutional uses including religious institutions, educational and social institutions, and public buildings and service installations, subject to the standards specified in chapter 22, section 2204.
2.
Golf courses and country clubs, other than miniature golf courses, are subject to the conditions of chapter 22, section 2205. Golf driving ranges that are ancillary to permitted golf courses and/or country clubs, subject to chapter 22, section 2205 and the conditions listed under section 704(2).
3.
Planned unit development, subject to the standards specified in chapter 22, section 2207.
4.
Bed and breakfast establishments as provided in section 2217.
5.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirements of section 2219.
6.
Open space preservation developments complying with the requirements of section 2220.
7.
Planned neighborhood development, subject to the requirements of section 2221.
(Ord. No. 578, 1-26-1998; Ord. No. 636, 2-24-2003; Ord. No. 753, 8-14-2017)
Editor's note— The amendment made by Ord. No. 578 stated that it amended § 1103(5). It has been treated as an amendment to § 1104(5) in accordance with the intent of same.
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 15,000 square feet per dwelling unit.
b)
Each lot shall be a minimum of 100 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Minimum yard requirements are the same as those specified for R-1 districts.
3.
Minimum floor area per dwelling unit.
a)
Each dwelling unit shall have a minimum finished living area of 1,040 square feet floor area per dwelling unit with a minimum of 800 square feet on the ground floor for units of more than one story.
4.
Maximum building height.
a)
Maximum building heights are the same as specified for R-1 districts.
5.
Maximum lot coverage.
a)
Maximum lot coverage is the same as specified for R-1 districts.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required for R-1A districts.
(Ord. No. 678, 11-8-2004)
This district is intended to provide a sound and stable environment for various types of residential buildings including single-family and two-family, as well as single-family townhouses up to a medium-density character. In addition, residentially compatible uses are allowed under specified conditions. There is no intent to promote, by these regulations, a residential district of lower quality or livability then the R-1 or R-1A districts.
It is the express purpose of the regulation as herein set forth to promote variety in housing style, design and cost to meet the ranging demands for adequate housing by existing and potential residents.
The following are the principal permitted uses by "right" within an R-2 district.
1.
All uses permitted by right in R-1 districts, subject to all regulations hereinafter cited.
2.
Two-family dwellings.
The following are the permitted uses subject to the cited conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the R-2 district and as defined in chapter 2, section 202(1).
2.
Customary home occupations as specified for R-1 districts.
3.
Cemeteries, public and private, subject to the conditions specified for R-1 districts.
4.
Signs, as provided in chapter 5.
5.
In the case of two-family dwellings, two off-street parking places shall be provided outside of the front yard, as defined herein per unit.
6.
Family day care facilities as provided in chapter 3, section 305 9.
7.
State-licensed residential facilities as specified for R-1 districts.
8.
Group day care home, as provided in chapter 3, section 305 11.
9.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 701, 3-26-2008; Ord. No. 771, 9-28-2020)
The following uses of land and buildings may be permitted in the R-2 districts by the application for issuance of a special use permit when all of the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22 are met:
1.
All uses permitted by issuance of a special use permit in a R-1 district subject to the restrictions and regulations specified therefor.
2.
Planned unit developments subject to the standards specified in chapter 22, section 2207.
3.
Day nurseries subject to the standards specified in chapter 22, section 2209.
4.
Townhouses not to exceed a density factor of eight units per acre.
5.
Senior citizens developments subject to the standards specified in chapter 22, section 2214.
6.
Bed and breakfast establishments as provided in section 2217.
7.
Personal wireless communication facilities when located on municipally owned and occupied land containing 20 acres or more and meeting the requirements of section 2219.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)
1.
Minimum lot size.
a)
For single-family dwellings, such lot shall contain a minimum of 10,400 square feet. Single-family dwellings located on property not served and thereby not connected to public water and sanitary sewer shall have a minimum lot size of 15,000 square feet and a minimum lot width of 100 feet.
b)
For two-family dwelling structures, each dwelling structure shall have a minimum lot area of 11,050 square feet. Two-family dwellings located on property not served and thereby not connected to public water and sanitary sewer shall have a minimum lot size of 15,000 square feet and a minimum lot width of 100 feet.
c)
For townhouse dwellings, there shall be a minimum lot of one acre required, provided the minimum lot area per unit equals 8,450 square feet for the first unit and 5,015 square feet for each additional unit, further provided a maximum density of eight units per acre is not exceeded. A minimum lot width of 150 feet shall be required and all units shall be connected to public water and all sanitary sewer facilities. No lot, in any event, shall be less than 130 feet in depth.
d)
Each lot shall be a minimum of 80 feet in width at the front building line and in addition all lots to be occupied for two-family dwellings shall be 85 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet.
b)
Each lot shall have a total side yard of 20 feet with a minimum of ten feet on each side.
c)
Each lot shall have a minimum rear yard of 30 feet.
d)
In the case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
3.
Minimum floor area per dwelling unit.
a)
Single-family dwelling units shall have a minimum finished living area of 1,040 square feet per unit with a minimum of 800 square feet on the ground floor for units of more than one story.
b)
Two-family dwellings and townhouse structures shall have a minimum finished living area of 850 square feet per dwelling unit.
4.
Maximum building height.
a)
Two and one-half stories or 35 feet.
b)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
A maximum of 35 percent of the lot may be covered by all buildings.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required in R-2 districts.
(Ord. No. 455, 4-22-1991; Ord. No. 510, 10-11-1993; Ord. No. 678, 11-8-2004)
This district is intended primarily for multiply-family residential uses together with certain institutional and other compatible uses under specified conditions. There is no intent to promote, by these regulations, a residential district of lower quality or livability than the R-1, R-1A, or R-2 districts. This district is intended only for area served by public water and sanitary sewer.
It is the express purpose of these regulations to provide sites for multiply-family dwelling structures of a low-rise, moderate-density character where adequate public and private services and facilities are available to accommodate higher population concentrations.
The following are the principal permitted uses by "right" within an R-3 district:
1.
Single-family dwellings.
2.
Two-family dwellings.
3.
Multiply-family dwelling, excepting basement living units, and boardinghouses or roominghouses.
The following are the permitted uses subject to the cited conditions thereinafter imposed for each use:
1.
Customary accessory uses to any permitted uses listed in the R-3 districts, and as defined in chapter 2, section 202(1).
2.
Customary home occupations, as specified for R-1 districts.
3.
Day nurseries, subject to the standards specified in chapter 22, (refer to section 2209).
4.
Institutional uses including religious institutions, educational and social institutions, and public buildings and service installations, subject to the standards specified in chapter 22, section 2204.
5.
Basement living units within multiple-family dwelling subject to an engineering determination, supplied by the developer, as to the protection from flooding afforded to basement living units and as is approved by the planning commission.
6.
Family day care facilities as provided in chapter 3, section 305(9).
7.
State-licensed residential facilities as specified for R-1 districts.
8.
Group day care home, as provided in chapter 3, section 305 11.
9.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 701, 3-26-2008; Ord. No. 771, 9-28-2020)
The following uses of land and buildings may be permitted in the R-3 districts by the application for issuance of a special use permit when all of the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22, are met:
1.
Planned unit development, subject to the standards specified in chapter 22, section 2207.
2.
Multiple-family service uses, subject to the standards specified in chapter 22, section 2211.
3.
Funeral homes and mortuaries, subject to the standards cited in chapter 22, section 2210.
4.
Senior citizens' housing development, subject to the standards cited in chapter 22, section 2214.
5.
Housing developments may contain zero bedroom with a minimum floor area of 500 square feet if they do not exceed more than 25 percent of the total units subject to the standards set forth in chapter 2207.
6.
Bed and breakfast establishments as provided in section 2217.
7.
Personal wireless communication facilities as provided in section 2219.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)
1.
Minimum lot size.
a)
For single-family dwellings, such lot shall contain a minimum of 9,750 square feet.
b)
For two-family dwelling structures, such lot shall contain 11,050 square feet.
c)
Townhouses are not to exceed a density factor of ten units per acre, provided there is a minimum site of one acre and provided minimum lot area per unit equals 7,800 square feet for the first unit and 3,970 square feet for each additional unit, subject to the standards cited in chapter 22, section 2207(4)(c). Minimum lot width of 150 feet is required.
d)
For multiple-family dwelling structures, the first dwelling unit shall have 7,800 square feet, and each additional unit shall be provided with 2,750 square feet. For boardinghouses or roominghouses, the dwelling structure shall have 6,000 square feet for the first living unit with at least 1,200 square feet for each additional group of four occupant accommodations or major fraction thereof.
e)
Each lot, unless otherwise cited, shall at the front building line be a minimum of 80 feet in width for single-family, 85 feet in width for two-family, and 150 feet for multiple-family. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
For single-family dwellings:
i)
Each lot shall have a minimum front yard of 30 feet.
ii)
Each lot shall have a total side yard of 25 feet, with a minimum of 12 feet on one side.
iii)
Each lot shall have a minimum rear yard of 30 feet.
iv)
In the case of a corner lot the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than 12 feet.
b)
For two family dwellings:
i)
Each lot shall have a minimum front yard of 30 feet.
ii)
Each lot shall have a total side yard of 20 feet with a minimum of ten feet on each side.
iii)
Each lot shall have a minimum rear yard of 30 feet.
iv)
In the case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
c)
For multiple family dwellings:
i)
Each lot shall have a minimum front yard of 30 feet.
ii)
Each lot shall have a total side yard of 25 feet, with a minimum of 12 feet on each side.
iii)
Each lot shall have a minimum rear yard of 30 feet.
iv)
In the case of a corner lot, the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
v)
Within any site for an apartment complex, no structure shall be less than a distance of 25 feet apart.
vi)
No garage or carport opening facing the street shall be located less than 20 feet from the exterior property lines.
3.
Minimum floor area per dwelling unit.
a)
Minimum floor area for single- and two-family, as well as townhouses, are the same as specified for R-2 districts.
b)
Minimum floor areas for multiple-family shall be in accord with the following schedule:
4.
Maximum building heights.
a)
Maximum building heights are the same as specified for R-2 districts; however, further provided that within 150 feet of any R-1 district no building shall exceed a height of two stories.
b)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
A maximum of 40 percent of the lot may be covered by all buildings.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
None required in R-3 districts.
8.
Recreation areas.
a)
Recreation areas and facilities, such as parks, playgrounds, swimming pools, and community buildings, shall be provided to the extent necessary to meet anticipated needs of the residents of the developments. Provisions of separate adult and youth recreation areas is encouraged. Recreation facilities generally shall be provided in a centralized location and should be convenient to the community center. In larger developments recreation facilities may be decentralized as necessary to provide adequate recreation opportunities for all residents.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004; Ord. No. 685, 8-8-2005)
This district is intended primarily for multiple-family residential uses, together with certain institutional and other compatible uses under specified conditions. There is no intent to promote by these regulations a residential district of lower quality or livability than the R-1, R-1A, R-2, or R-3 districts. This district is intended only for areas served by public water and sanitary sewer.
It is the express purpose of these regulations to provide sites for multiple-family dwelling structures of both a low use and high-rise, and higher density character where appropriate public and private services and facilities are available to accommodate greater population density.
The following are the principal permitted uses by "right" within an R-4 district:
1.
All uses permitted by right in R-3 districts, subject to all regulations hereinafter cited.
2.
High-rise apartment structures.
The following are the permitted uses subject to the cited conditions thereinafter imposed for each use:
1.
All uses permitted under special conditions in R-3 districts, subject to all regulations thereinafter cited.
2.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 771, 9-28-2020)
The following uses of land and buildings may be permitted in R-4 districts by the application for issuance of a special use permit when all the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22, are met:
1.
Multiple-family service uses, subject to the standards specified in chapter 22, section 2211.
2.
Planned unit developments, subject to the standards specified in chapter 22, section 2207.
3.
Senior citizens' housing development subject to the standards cited in chapter 22, section 2214.
4.
Bed and breakfast establishments as provided in section 2217.
5.
Personal wireless communication facilities as provided in section 2219.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)
1.
Minimum lot size.
a)
For single-family and two-family dwellings as well as townhouse structures, such lots shall conform to requirements for R-3 and R-4 districts.
b)
For multiple-family structures, the first dwelling unit shall have 4,000 square feet of lot area and each additional unit shall be provided with an additional area as specified by the following structure type:
For boardinghouses or roominghouses, the dwelling structure shall have 6,000 square feet for the first living unit, with at least 1,200 square feet for each additional group of four accommodations or major fraction thereof.
c)
Each lot shall conform to minimum lot width as required for R-3 districts.
2.
Minimum yard requirements.
a)
Minimum yard requirements shall conform to those cited for R-3 districts except as hereinafter modified.
b)
Minimum yard requirements for high-rise apartment structures shall be as follows:
Within any site for an apartment complex, no structures shall be less than a distance of 25 feet apart and shall be increased by two feet for every ten feet, or major fraction thereof the structure exceeds 2½ stories or 35 feet.
3.
Minimum floor area per dwelling unit.
a)
Minimum floor area requirements are the same as specified for R-3 districts.
4.
Maximum building heights.
a)
Maximum building heights are the same as specified for R-3 districts, except as hereinafter modified.
b)
High-rise apartments may be constructed to a height of 100 feet.
c)
Exceptions (refer to chapter 3, section 304).
5.
Maximum lot coverage.
a)
Maximum lot coverage is the same as specified for R-3 districts.
6.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
7.
Loading requirements.
a)
Each high-rise apartment building shall be provided with one standard loading space as a minimum and shall provide one additional loading space for each 50 dwelling units over 100 dwelling units.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The B-1 districts are designed to accommodate office uses, together with office sales uses, and certain personal services and restricted retail commercial uses.
It is the purpose of this district to accommodate permitted uses typically in proximity to major shopping facilities and/or in compatible relationship with the major arterial street system and surrounding land uses. The nature of modern office use development provides greater compatibility for integration into a community structure; therefore, this district has been established for the purpose of encouraging office and related use development, but excluding general commercial activity.
The following are the principal permitted uses by "right" within a B-1 district:
1.
Office buildings for any of the following occupations: executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, and office equipment and supplies sales.
2.
Medical offices, including clinics.
3.
Banks, credit unions, saving and loan institutions and similar uses.
4.
Personal service establishments which perform personal services on the premises including barber or beauty shops and photographic studios or similar uses, but not including interior decorating shops.
5.
Institutions for human care, including hospitals and public clinics.
6.
Publicly owned buildings, exchanges and public utility offices, but not including storage yards, substations or regulator stations.
7.
Commercial schools including art, business, music, dance, professional and trade.
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-1 districts and as defined in chapter 2, section 202(1).
2.
Funeral homes, subject to the standards specified in chapter 22, section 2210.
3.
Day nurseries, subject to the standards specified in chapter 22, section 2209.
4.
Signs, as provided in chapter 5.
5.
Off-street parking and loading, as required and allowed.
6.
Small animal veterinary clinics, provided all animals are boarded within a wholly enclosed structure.
7.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 690, 7-10-2006; Ord. No. 771, 9-28-2020; Ord. No. 787, 2-13-2023, eff. 3-1-2023)
The following uses of land and buildings may be permitted in the B-1 districts by the application for issuance of a special use permit when all of the provisional requirements specified in chapter 22, together with all applicable standards cited in chapter 22 are met:
1.
Residential land uses in connection with permitted office or service uses provided the following standards are met:
a)
Residential development shall not exceed a density of eight dwelling units per acre.
b)
Unless otherwise mentioned herein, residential development shall conform to the requirements of the R-3 district in chapter 13.
c)
The total floor area dedicated to or utilized by the residential use shall not exceed the total floor area dedicated to or utilized by the office or service use on the property. For the purpose of determining dedicated or utilized floor area, those areas used in common by both the residential and commercial uses shall be considered to be divided in half with one-half to each use.
d)
Parking requirements for the property shall be the sum of parking required for each use individually.
2.
Office business retail uses, subject to the standards specified in chapter 22, section 2211.
3.
Restaurant or other establishments serving food and/or beverages including drive-through restaurants subject to chapter 22, sections 2216 and 2218, but not including drive-ins.
4.
Tennis, racket sport, nonprofit fraternal organizations, private clubs, social and service institutions, swimming facilities (public or private); subject to the standards specified in chapter 22, section 2205.
5.
Drive-in businesses, including banks and drive-in facilities, related to uses permitted in B-1 districts, except that drive-in restaurants and automobile service stations are hereby not allowed.
6.
Institutional uses including religious institutions, educational and social institutions and public buildings and service installations, subject to the standards specified in chapter 22, section 2204.
7.
Senior citizens' housing development, subject to the standards cited in chapter 22, section 2214, as well as a maximum density of 12 dwelling units per acre.
8.
Personal wireless communication facilities as provided in section 2219.
9.
Substance abuse rehabilitation centers subject to the standards cited in section 2213.
10.
Level 2 solar energy systems, subject to special use permit and the standards contained in section 2222.
(Ord. No. 535, 7-10-1995; Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 633, 10-14-2002; Ord. No. 771, 9-28-2020)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 18,000 square feet.
b)
Each lot shall be a minimum of 100 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet.
b)
Each lot shall have a total side yard of 25 feet, with a minimum of ten feet on each side.
c)
Each lot shall have a minimum rear yard of 30 feet.
d)
In the case of a corner lot the side yard on the street side shall not be less than 30 feet and the remaining side yard shall not be less than ten feet.
3.
Maximum building height.
a)
Three stories or 40 feet.
b)
Exceptions (refer to chapter 3, section 304).
4.
Maximum lot coverage.
a)
A maximum of 35 percent of the lot may be covered by all buildings.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
Any use engaged in the sale of merchandise, including prepared foods and beverages, shall provide at least one standard loading space regardless of floor area and at least one standard loading space for each 6,000 square feet or major fraction thereof of gross floor area involved in the use. Loading space for high-rise apartments shall be provided as required under section 1405(7), chapter 14. All office buildings of over two stories shall provide one loading space.
b)
Supplementary regulations are contained in chapter 4.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The B-2 districts are designed and intended to meet the day-to-day convenience shopping and service needs of persons residing in adjacent residential areas.
It is the purpose of this district to accommodate commercial activities primarily offering goods or services which are required by a family at intervals of a week or less and at the same time protect adjacent residential areas from the adverse effects of uncontrolled or unlimited commercial activity which can result in blighting influences upon residential uses. Under appropriate conditions medium density apartment developments are also allowed.
All B-2 uses must be conducted wholly within a permanent, fully enclosed building (except required off-street parking and loading). In addition to those uses specified by "right" within a B-1 district only the following uses are permitted by "right" in the B-2 district.
1.
Retail food establishments which market only convenience goods such as groceries, fruit, meats, dairy products, produce, baked goods, alcoholic beverages or similar commodities. Establishments such as bakeries and delicatessens which prepare food for retail, take out sales. Supermarkets are not permitted in B-2 districts.
2.
General retail establishments, provided no more than 4,000 square feet of gross floor area is used per tenant space.
3.
Offices for medical, dental and similar allied professions.
4.
Banks, automatic teller machines, and other similar financial institutions excluding drive-in facilities. Drive-in facilities are allowed as a special use permit.
5.
Personal service establishments which perform services on the premises, such as barber and beauty shops, tanning salons, dressmaker or tailor shops, self-service laundries, repair shops for shoes, watches, jewelry, radios, small households appliances and similar items, but excluding repair shops for lawnmowers, large appliances, furniture, motor vehicles and similar items.
6.
Professional offices for architects, engineers, artists, and others employed in the graphic arts field.
7.
Administrative offices in which the personnel will be employed in one or more of the following fields: executive, administrative, legal, writing, clerical, stenographic accounting, insurance and similar enterprises, including both public and private.
8.
Commercial schools including art, business, music, dance, professional and trade.
(Ord. No. 585, 8-17-1998)
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-2 districts and as defined in chapter 2, section 202(1).
2.
Temporary outdoor uses such as displays, Christmas tree sales, tent sales, amusements and the display or sale of any item permitted for sale by right in this district with the following conditions:
a)
Such use shall be limited to 30 days in any one calendar year per parcel of land.
b)
Such use or sales area shall not be located within any required yard or setback area.
c)
Adequate off-street parking shall be maintained at all times and such use shall not displace required off-street parking nor cause parking or traffic congestion on adjacent streets or properties.
d)
Such use shall be approved only when it can be adequately shown not to be injurious or detrimental to properties in the immediate vicinity.
e)
Extension beyond the 30-day limit may be granted by the planning commission, after a public hearing and a finding that a practical difficulty will be created were the 30-day limit to be imposed.
3.
Small animal veterinary clinics, provided all animals are boarded within a wholly enclosed building.
4.
Day nurseries, subject to the standards specified in chapter 22, section 2204.
5.
Signs, as provided in chapter 5.
6.
Off-street parking and loading as required and allowed.
7.
Religious institutions, subject to the standards contained in section 2204.
8.
Social institutions, subject to the standards contained in section 2204.
9.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 692, 10-23-2006; Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted by the application for issuance of a special use permit when specified procedures of chapter 22 and the requirements as outlined in the chapter and sections cited are met:
1.
Automobile service station, subject to the site development standards cited in chapter 22, section 2212.
2.
Drive-in businesses, including banks and drive-in facilities related to uses permitted in B-2 districts.
3.
Residential land uses in connection with permitted retail, office or service uses under the following conditions:
a)
Residential development shall not exceed a density of eight dwelling units per acre.
b)
Unless otherwise mentioned herein, residential development shall conform to the requirements of the R-3 district in chapter 13.
c)
The total floor area dedicated to or utilized by the residential use shall not exceed the total floor area dedicated to or utilized by retail, office or service use on the property. For the purpose of determining dedicated or utilized floor area, those areas used in common by both the residential and commercial uses shall be considered to be divided in half with one-half to each use.
d)
Parking requirements for the property shall be the sum of parking required for each use individually.
4.
Restaurants, clubs and other eating or drinking establishments which provide food or drink for consumption on the premises, subject to chapter 22, section 2218; provided, that such establishments shall not be so-called "drive-in" facilities and that no dancing or entertainment shall be permitted.
5.
Drive-through restaurants subject to the standards cited in chapter 22, section 2216.
6.
Personal wireless communication facilities as provided in section 2219.
7.
Level 2 solar energy systems, subject to special use permit and the standards contained in section 2222.
8.
Marihuana safety compliance facilities, as authorized by Chapter 83 of the Code of Ordinances of Saginaw Charter Township, subject to special use permit and the standards contained in section 2223, and under the following conditions:
a)
Any uses or activities found by the state or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law shall not be permitted by the township. In the event that a court with jurisdiction declares some or this entire article invalid, then the township shall suspend the acceptance of applications for a marihuana facilities licenses pending the resolution of the legal issue in question.
b)
The use or facility must be at all times in compliance with all other applicable laws and ordinances of the township and state.
c)
The township shall suspend or revoke a marihuana establishment license based on the finding that the provisions of the Medical Marihuana Facilities Licensing Act, the Michigan Regulation and Taxation of Marihuana Act, all other applicable provisions of the Zoning Ordinance, Chapter 83, or the approved special use permit and/or site plan are not met.
d)
A marihuana safety compliance facility, or activities associated with the testing of marihuana, shall not be permitted as a home occupation.
e)
A marihuana safety compliance facility, or activities associated with the testing of marihuana, shall not be permitted as an accessory use.
f)
All signs shall be in accordance with Chapter 48 (Signs) of the Code of Ordinances of Saginaw Charter Township.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 771, 9-28-2020; Ord. No. 779, 11-8-2021)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 11,050 square feet.
b)
Each lot shall be a minimum of 85 feet in width at the front building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures, nor shall it be used for any outdoor display including any items sold on or off the premises. The only exception to this shall be in accordance with section 403(5)(a).
b)
Side yards shall not be required except on that side of the lot abutting upon a residential district or agricultural district, in which case there shall be a side yard of not less than 20 feet; and further, in the case of a corner lot, the side yard on the street side shall be a minimum of 30 feet; and further, except that if walls of structures facing an interior lot line contain windows or other openings, there shall be a ten-foot side yard.
c)
Each lot shall have a rear yard of 30 feet.
3.
Maximum building height.
a)
The maximum building height shall be three stories or 40 feet.
b)
Exceptions (refer to chapter 3, section 304).
4.
Maximum lot coverage.
a)
A maximum of 40 percent of the lot may be covered by all buildings or structures.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
Any use engaged in the sale of merchandise, including prepared foods and beverages, shall provide at least one standard loading space regardless of floor area and at least one standard loading space for each 6,000 square feet or major fraction thereof of gross floor area involved in the use.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The B-3 community commercial district is established to serve the needs of a larger consumer population than is served by the B-2, neighborhood commercial district.
It is the intent of this district to provide regulations governing use and development of community-wide service shopping areas. These regulations are designed to promote the economic viability of the community-wide service shopping areas by encouraging consolidation of permitted uses, improving safety and convenience for customers, lessening traffic congestion on adjacent thoroughfares and streets, and ensuing harmonious relationships with surrounding land uses.
In addition to those uses specified by "right" for B-2 districts, only the following uses are permitted by "right" in the B-3 districts:
1.
Any retail business whose principal activity is the sale of merchandise in a permanent enclosed building.
2.
Photographic studios.
3.
Supermarkets.
4.
Professional offices for architects, engineers, artists, and others employed in the graphic arts field.
5.
Administrative offices in which the personnel will be employed in one or more of the following fields: executive, administrative, legal, writing, clerical, stenographic, accounting, insurance, real estate, and similar enterprises public and private.
6.
Commercial schools including art, business, music, dance, professional and trade.
7.
Bus, train and air passenger terminals.
8.
Dry cleaning and laundry establishments.
9.
Service establishments including printing, publishing, photographic reproduction, blueprinting, photostatic and related trades or arts.
10.
Public buildings and service installation.
11.
Radio and television stations.
12.
Assembly buildings including auditoriums, theaters, private clubs and fraternal organizations.
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-3 districts and as defined in chapter 2, section 202(1).
2.
Automobile service stations, provided that the development requirements cited in chapter 22, section 2212 are met.
3.
Temporary outdoor uses, including, but not limited to, tent sales and sidewalk sales, for a period not to exceed seven days per calendar year, except for those uses specified under chapter 16, section 1603(2) and the conditions stated therein. Tent sales shall be limited to those items customarily sold out-of-doors. Sidewalk sales must be directly adjacent to the primary structure and shall not be conducted in parking or drive areas. A permit is required from the zoning administrator for all such uses. The permit shall state the time period for such sales, which may be less than the maximum period provided for herein. All temporary uses shall be subject to the following requirements:
a)
No part of such sales operation shall be located within any required yard or transition strip.
b)
The sales operation shall not impede or adversely affect vehicular or pedestrian traffic flow or parking maneuvers.
c)
Existing driveways only shall be used.
d)
Signs as permitted under section 504(6).
e)
The sign, merchandise, and all equipment used in such sales, and all debris and waste resulting therefrom, shall be removed from the premises within three days of the termination date of the permit.
f)
A cash bond of $100.00 shall be provided to the township prior to issuance of the permit for tent sales only to guarantee cleanup of the site as required in the preceding paragraph 5.
g)
A scaled drawing shall be provided with the permit application, showing thereon the location and extent of such sales.
4.
Day nurseries, subject to the standards specified in chapter 22, section 2209.
5.
Pet shops, provided that the animals and birds are kept entirely within the building at all times.
6.
Commercial recreation facilities, such as indoor theaters, bowling alleys, indoor skating rinks or similar uses; provided, that all such uses will be conducted wholly within a fully enclosed building and that such building shall have yard setbacks of at least 100 feet from any abutting residential district boundaries.
7.
Motel or motor-hotel, provided the following conditions are met:
a)
Minimum floor area of 250 square feet per guest unit shall be provided.
b)
Minimum lot area of three acres is required together with a minimum lot width of 250 feet, plus there shall be no less than 400 square feet of lot area for each guest unit.
c)
Maximum lot coverage including all buildings, both principal and accessory, shall be 40 percent.
d)
Setback. A landscaped setback not less than 20 feet shall be provided to the extent it abuts a public or private street or freeway. A landscaped setback not less than 30 feet between buildings and interior property lines shall be provided.
8.
Signs, as provided in chapter 5.
9.
Off-street parking and loading as required and allowed.
10.
Mini-warehouse on a minimum lot of one acre. An opaque fence or wall, a minimum of six feet in height shall enclose the entire periphery of the use.
11.
Small animal veterinary clinics, provided all animals are boarded within a wholly enclosed building.
12.
Restaurants, taverns and other eating or drinking establishments which provide food or drink and/or entertainment on premises excluding drive-in service, subject to the conditions as sited under section 2218.
13.
Religious institutions, subject to the standards contained in section 2204.
14.
Social institutions, subject to the standards contained in section 2204.
15.
Blood plasma donation centers.
a.
An indoor waiting area with a restroom shall be provided and open at least one hour prior to the opening of the center.
b.
The storefront/façade shall be active. No mirrored, tinted or screened out/blacked out windows are permitted.
c.
All loading and unloading shall be performed in the rear of the building. At least one designated loading area shall be provided.
d.
Hours of operation: 7:00 a.m. to 7:00 p.m. if within 600 feet of a residential district and/or private and public schools.
e.
Must provide a designated break area for employees, including outdoor space for smoking if permitted, as approved by staff.
f.
Bike racks and benches may be required to be installed per the Planning Commission at specific locations as approved by staff.
g.
Blood plasma centers shall not be located closer than 2,000 feet to another blood plasma center, as measured from property line to property line.
16.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 692, 10-23-2006; Ord. No. 712, 1-11-2010; Ord. No. 744, 1-11-2016; Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted by the applications for the issuance of a special use permit when specified procedures of chapter 22 and the requirements as outlined in the chapter and sections cited are met:
1.
Servicing and repair of motor vehicles, trailers and boats when conducted within a wholly enclosed building.
2.
Building supply and equipment establishments selling retail.
3.
Open air business uses such as retail sales of plant material, sales of lawn furniture, playground equipment and garden supply.
4.
Drive-in businesses, including banks and drive-in facilities related to uses permitted in B-3 districts.
5.
Funeral homes and mortuaries, subject to chapter 22, section 2210.
6.
Drive-through restaurants subject to the standards cited in chapter 22, section 2216.
7.
Personal wireless communication facilities as provided in section 2219.
8.
Substance abuse rehabilitation centers subject to the standards cited in section 2213.
9.
Outdoor display lots exclusively for new or used recreational vehicles, boats, trailers, farm machinery and equipment, trailers or tractors which are for sale, rent or lease shall comply with the following:
A.
The business shall be located on a lot or parcel which has its frontage on a State of Michigan Highway.
B.
The lot shall have a minimum of 150 feet of road frontage and at least 40,000 square feet.
C.
All areas subject to vehicular use shall be paved in accordance with section 403 of this Ordinance.
D.
The perimeter of the parking area, along with circulation drives, shall be defined with concrete curbing as required in chapter 4 of this Ordinance.
a.
Exception: Landscaped islands are not required on the end of each row of parking of the display lot.
E.
No repair or refinishing work shall be done on the lot, unless such work is performed within a wholly enclosed building in accordance with an approved site plan.
F.
Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.
G.
No vehicle or product for sale, lease or rent shall be parked or displayed within 20 feet of a public right-of-way or proposed public right-of-way.
H.
No temporary structures are allowed.
I.
The applicant constructs and/or occupies a permanent building of at least 800 square feet on the site.
J.
The placement of vehicles for display is of a professional nature, such as no upside-down cars.
K.
Night lighting shall be shielded from all adjacent residential zoned districts in conformance with section 409 of the Zoning Ordinance.
L.
Where adjoining a residential district, a decorative masonry wall six to eight feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The planning commission may approve a landscaped berm as an alternative.
M.
A type C bufferyard is required on any side or rear property line abutting a residential district. (Fence with a 15-foot setback including shrubs and evergreens).
N.
Display areas, storage areas and all other vehicle parking contained on the site shall comply with the parking design and layout requirements of chapter 4 of this Ordinance.
O.
New and used trucks may be sold as an accessory use in conjunction with an approved retail recreational vehicle sales display lot, provided not more than ten percent of the outdoor display area is used to display said vehicles.
10.
Sexually oriented businesses shall be permitted subject to the standards cited in chapter 22, section 2215, sexually oriented businesses and shall be subject to special approval review as required by chapter 22, special uses-special use permit requirements, but shall not be subject to section 2203, permit standards.
11.
Level 2 solar energy systems, subject to special use permit and the standards contained in section 2222.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 633, 10-14-2002; Ord. No. 663, 5-24-2004; Ord. No. 724, 9-26-2011; Ord. No. 771, 9-28-2020; Ord. No. 787, 2-13-2023, eff. 3-1-2023)
1.
Minimum lot size.
a)
Requirements are the same as specified for B-2 districts.
2.
Minimum yard requirements.
a)
Requirements are the same as specified for B-2 districts.
3.
Maximum building height.
a)
Requirements are the same as specified for B-2 districts.
4.
Maximum lot coverage.
a)
A maximum of 50 percent of the lot may be covered by all buildings or structures.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
The required number of standard berths for B-3 retail business uses and wholesale or processing uses shall be provided in amounts not less than shown in the following schedule:
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The B-3A districts are designed and intended to provide essential servicing to the needs of the automobile traveler on the major arterial network.
It is the purpose of this district to accommodate traveler needs and avoid undue congestion on the major transportation network. The promotion of safe and smooth traffic flow along arterials and at interchanges and the protection of adjacent properties in other zones from the adverse influences of traffic and highway service uses are prime considerations in the application of this district.
The following are the principal permitted uses by "right" within a B-3A district:
1.
Any retail business whose principal activity is to service the needs of the highway traveler or provide merchandise oriented to service from an automobile including drive-in businesses, restaurants, or similar uses.
2.
Automobile service and repair establishments and parking garages.
3.
Bus passenger terminals and stations.
4.
Motels, hotels, and transient lodging facilities.
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-3A districts and as defined in chapter 2, section 202(1).
2.
Signs as provided in chapter 5.
3.
Off-street parking and loading as required and allowed.
4.
Personal wireless communication facilities as provided in section 2219.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998)
1.
Qualifying conditions.
a)
Automobile and service repair establishments shall meet all the objectives, permitted use requirements and site development requirements set forth in chapter 22, section 2212.
b)
Drive-in businesses shall conform with the site development standards of chapter 22, section 2212.
c)
At all interchange areas (expressway) accessways shall be provided so that each separate use [or] as grouping of buildings or grouping of uses as a part of a single planned development shall not have more than two accessways from a feeder road. Such accessway shall not be located closer than 300 feet to the point of intersection of an entrance or exit ramp centerline and the feeder road. In those instances where properties fronting on a feeder road are of such width or are in multiple ownerships and accessways to property cannot be provided in accord with the minimum 300-foot distance from the intersection of the feeder road and entrance or exit ramps, a marginal access road shall be provided to service such properties.
d)
Motels or motor hotels shall conform to the conditions specified in chapter 16, section 1603(8).
e)
Automobile car washes shall conform to the site development and car wash standards cited in chapter 22, section 2212.
(Ord. No. 787, 2-13-2023, eff. 3-1-2023)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 20,000 square feet.
b)
Each lot shall be a minimum of 100 feet in width at the building line. No lot, in any event, shall be less than 130 feet in depth.
2.
Minimum yard requirements.
a)
Each lot shall have a minimum front yard of 30 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for loading or accessory structures.
Parking shall be permitted to encroach into the front yard after approval of a parking plan by the planning commission and provided a minimum setback of 25 feet is maintained.
b)
Each lot shall have a total side yard of 25 feet with a minimum of ten feet on each side.
c)
Each lot shall have a rear yard of 40 feet.
3.
Maximum building height.
a)
The maximum building height shall be three stories or 40 feet.
b)
Exceptions refer to chapter 3, section 304.
4.
Maximum lot coverage.
a)
A maximum of 40 percent of the lot may be covered by all buildings or structures.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
Any use engaged in the sale of merchandise, including prepared foods and beverages, shall provide at least one standard loading space regardless of floor area and at least one standard loading space for each 6,000 square feet or major fraction thereof of gross floor area involved in the use.
The B-4 business districts are designed and intended to meet the needs for sites by diversified and less intensive business types. It is the purpose of this district to accommodate uses characterized by the following:
1.
Customers are often served in his vehicle or has the vehicle served.
2.
They are large space users.
3.
They combine retail, service, wholesale, assembly, and repair activities in various ways.
4.
They serve entire community and regional markets.
5.
Clientele is more often other businesses and are not household oriented.
B-4 districts are generally located along major arterials and/or in proximity to rail service and/or B-3 districts and/or M districts.
The following are the principal permitted uses by "right" within a B-4 district:
1.
Uses permitted by "right" within B-3 districts and as therein regulated.
2.
Any retail business whose principal activity is the sale of merchandise in a permanent, enclosed building.
3.
Wholesale businesses.
4.
Miniwarehouses on a minimum lot of one acre.
A.
All doors, whether overhead, entry doors or otherwise, shall be coordinated to compliment the building's exterior.
B.
Screening requirements:
i)
When adjacent to agricultural, commercial or industrial zoned property, the development install screening around the periphery of the site as defined as buffer yard A (section 303(4),iii.).
ii)
When adjacent to residentially zoned property, the development install screening around the periphery of the site as defined as buffer yard B (section 303(4)iii.).
When the development retains mature trees at the edge of the property, which will effectively screen the development, the planning commission may permit the retention of the trees in lieu of requiring a buffer yard in that area.
5.
Manufacturing and processing establishments selling their entire output at retail on the premises.
6.
Building supply and equipment establishments.
7.
Assembly buildings including auditoriums, private clubs, fraternal organizations and churches.
8.
Public buildings and service installations.
9.
Service establishments including printing, publishing, photographic reproduction, blueprinting and related trades or arts.
10.
Automobile showrooms for new and used automobiles.
11.
Veterinary hospitals, clinics or kennels.
12.
Personal service establishments which perform personal services on the premises including barber shops, interior decorating shops, photographic studios and similar uses.
13.
Interior decorating shops.
(Ord. No. 684, 8-8-2005; Ord. No. 766, § 1, 2-24-2020)
The following uses of land and structures shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Customary accessory uses to any of the permitted uses listed in the B-4 districts and as defined in chapter 2, section 202(1).
2.
Commercial recreation facilities, such as indoor theater, bowling alley, billiard hall, indoor archery range, indoor skating rink or other similar uses; provided, that all uses will be conducted wholly within a completely enclosed building and that such building is located at least 100 feet from any front, side, or rear of any lot within an adjacent residential district.
3.
Temporary outdoor uses, as specified in chapter 17, section 1703(3).
4.
Drive-in theaters, golf and miniature golf courses, subject to the standards cited in chapter 22, section 2212.
5.
Servicing and repair of motor vehicles, trailers and boats, when conducted within a wholly enclosed building.
6.
Pet shops, provided that the animals and birds are kept entirely within the building at all times.
7.
Outdoor display lots exclusively for new or used automobiles, trucks, new or used recreational vehicles, boats, trailers, farm machinery and equipment, trailers or tractors which are for sale, rent or lease shall comply with the following:
A.
The business shall be located on a lot or parcel which has its frontage on a State of Michigan Highway.
B.
The lot shall have a minimum of 150 feet of road frontage and at least 40,000 square feet.
C.
All areas subject to vehicular use shall be paved in accordance with section 403 of this Ordinance.
D.
The perimeter of the parking area, along with circulation drives, shall be defined with concrete curbing as required in chapter 4 of this Ordinance.
a.
Exception: Landscaped islands are not required to be installed on the end of each row of parking of the display lot.
E.
No repair or refinishing work shall be done on the lot, unless such work is performed within a wholly enclosed building in accordance with an approved site plan.
F.
Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.
G.
No vehicle or product for sale, lease or rent shall be parked or displayed within 20 feet of a public right-of-way or proposed public right-of-way.
H.
No temporary structures are allowed.
I.
The applicant constructs and/or occupies a permanent building of at least 800 square feet on the site.
J.
The placement of vehicles for display is of a professional nature, such as no upside-down cars.
K.
Night lighting shall be shielded from all adjacent residential zoned districts in conformance with section 409 of the Zoning Ordinance.
L.
Where adjoining a residential district, a decorative masonry wall six to eight feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The planning commission may approve a landscaped berm as an alternative.
M.
A type c bufferyard is required on any side or rear property line abutting a residential district. (Fence with a 15-foot setback including shrubs and evergreens).
N.
Display areas, storage areas and all other vehicle parking contained on the site shall comply with the parking design and layout requirements of chapter 4 of this Ordinance.
8.
Signs as provided in chapter 5.
9.
Off-street parking and loading, as required and allowed.
10.
Restaurants, taverns, and other eating or drinking establishments which provide food or drink and/or entertainment on the premises, including drive-through restaurants subject to the standards cited in chapter 22, sections 2216 and 2218.
11.
Adult entertainment businesses. [Repealed.]
12.
Nonmanufacturing research and development establishments including:
a)
Laboratories, office and other facilities for research both basic and applied.
b)
Production of prototype products, limited to the scale necessary for full investigation of the merits of the products.
13.
Contracting and service establishments, including offices and accompanying warehouse or shop area for plumbers, mechanical contractors, home builders and other similar uses or trades, provided:
a)
The parcel is not directly adjacent to any residential development or zoning district.
b)
The outdoor storage of materials and equipment, including trailers, shall be allowed under the following conditions:
1)
Outdoor storage shall not exceed 1,000 square feet.
2)
All outdoor storage shall be enclosed by a eight-foot opaque fence.
3)
Outdoor storage shall not be stored in height over the maximum eight-foot fence.
c)
All vehicles over a one-ton-rated capacity must be stored within an enclosed building.
d)
The gross area of the building used principally for storage, does not exceed 10,000 square feet.
e)
Any prefabrication of materials or products, including equipment repairs, must be within a wholly enclosed building.
f)
The proposed use is designed, constructed, operated and maintained in harmony with adjacent land uses or zoning districts.
14.
Religious institutions, subject to the standards contained in section 2204.
15.
Social institutions, subject to the standards contained in section 2204.
16.
Day nurseries, subject to the standards specified in chapter 22, section 2209.
17.
Blood plasma donation centers.
a.
An indoor waiting area with a restroom shall be provided and open at least one hour prior to the opening of the center.
b.
The storefront/façade shall be active. No mirrored, tinted or screened out/blacked out windows are permitted.
c.
All loading and unloading shall be performed in the rear of the building. At least one designated loading area shall be provided.
d.
Hours of operation: 7:00 a.m. to 7:00 p.m. if within 600 feet of a residential district and/or private and public schools.
e.
Must provide a designated break area for employees, including outdoor space for smoking if permitted, as approved by staff.
f.
Bike racks and benches may be required to be installed per the Planning Commission at specific locations as approved by staff.
g.
Blood plasma centers shall not be located closer than 2,000 feet to another blood plasma center, as measured from property line to property line.
18.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 516, § 1, 2-28-1994; Ord. No. 561, 10-28-1996; Ord. No. 664, 5-24-2004; Ord. No. 692, 10-23-2006; Ord. No. 701, 3-26-2008; Ord. No. 744, 1-11-2016; Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted by the applications for the issuance of a special use permit when specified procedures of chapter 22 and the requirements as outlined in the chapter and sections are met:
1.
Drive-in businesses, including banks, restaurants and drive-in facilities related uses permitted in B-4 districts, subject to the standards cited in chapter 22, section 2212.
2.
Manufacturing and processing establishments selling their entire output at retail on the premises, subject to the standards of chapter 20, section 2006.
3.
Open-air businesses limited to retail sales of lawn furniture, playground equipment, garden supplies, building materials, and similar items.
4.
Automobile car wash establishments, subject to location, site development and car wash standards cited in chapter 22, section 2218.
5.
Funeral homes and mortuaries, subject to chapter 22, section 2210.
6.
Sexually oriented businesses shall be permitted subject to the standards cited in chapter 22, section 2215, sexually oriented businesses, and shall be subject to special approval review as required by chapter 22, special uses-special use permit requirements, but shall not be subject to section 2203, permit standards.
7.
Personal wireless communication facilities as provided in section 2219.
8.
Level 2 solar energy systems, subject to special use permit and the standards contained in section 2222.
9.
Indoor self-storage facilities in climate-controlled buildings; subject to the standards contained in chapter 22, section 2224.
(Ord. No. 516, 2-28-1994; Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 724, 9-26-2011; Ord. No. 771, 9-28-2020; Ord. No. 787, 2-13-2023, eff. 3-1-2023)
1.
Minimum lot size.
a)
Requirements for B-4 districts are the same as specified for B-2 districts.
2.
Minimum yard requirements.
a)
Requirements for B-4 districts are the same as specified for B-2 districts.
3.
Maximum building height.
a)
Requirements for B-4 districts are the same as specified for B-2 districts.
4.
Maximum lot coverage.
a)
A maximum of 60 percent of the lot may be covered by all buildings.
5.
Off-street parking requirements.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Loading requirements.
a)
The required number of standard berths for B-3 retail business uses and wholesale or processing uses shall be provided in amounts not less than shown in the following schedule:
b)
Supplementary regulations are contained in chapter 4.
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004)
The Campus Business Zoning District is intended for a varying range of development from the highest intensity uses immediately adjacent to Tittabawassee Road to the lowest intensity uses adjacent to existing residential neighborhoods. It is intended to implement the designated future land use area within the comprehensive development plan called campus business and designed to:
1.
Promote development that enhances Saginaw Charter Township's position as a location for corporate campuses, light industrial development that is capable of operation in such a manner as to control the external effects of the manufacturing process, such as odors, vibrations, emissions, or other nuisance characteristics through prevention or mitigation devices and conduct operations within wholly enclosed buildings.
2.
Promote development that is adjacent to existing and/or concurrent with proposed capital improvement projects, thus not burdening the township's infrastructure;
3.
Facilitate development that establishes a unique visual and economic identity for Saginaw Charter Township;
4.
Protect and enhance critical environmental and natural features as well as existing residential neighborhoods;
5.
Develop light industrial, research, office and mixed use areas that are safe, comfortable and attractive to pedestrians; and allow a mixture of complimentary land uses that may include housing, retail, offices, commercial services, and civic uses to create economic vitality;
6.
Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace;
7.
Reinforce streets as public places that encourage pedestrian and bicycle travel;
8.
Encourage efficient land use by facilitating compact development and minimizing the amount of land that is needed for surface parking.
(Ord. No. 703, 9-8-2008)
The following are the principal permitted uses in the CB-1 District:
1.
Teaching facilities in a college or university setting, including classroom buildings, assembly halls, administrative offices, libraries, and laboratories along with vocation schools and other types of technical training facilities.
2.
Hospitals, medical centers, medical offices, clinics, including accessory laboratories but excluding blood plasma centers and similar uses.
3.
Laboratories, including but not limited to, life science technology and medical laboratories, including biomedical engineering, biotechnology, genomics, proteomics, molecular and chemical ecology.
4.
Research, design, engineering, testing, diagnostics and pilot or experimental product development, including but not limited to medical device and alternative energy technologies.
5.
Administrative and professional offices.
6.
Light Industrial and manufacturing uses, when located within a wholly enclosed building.
7.
Accessory buildings and uses customarily incidental to any principal use permitted.
8.
Residential uses, subject to the following:
a.
Residential uses in conjunction with commercial uses (mixed use).
b.
Residential uses, when located at least 1,320 feet from Tittabawassee Road, and complying with section 2004.
(Ord. No. 703, 9-8-2008)
In developing the Campus Business District, the township acknowledges that there are uses which may be ancillary to those businesses for which the district was created. These ancillary uses are intended to act in a support function to the office, light industrial, research, etc., uses within the district. Though these uses may be independent of a use permitted by "right," these general commercial types of uses are not the primary purpose of the district and are therefore restricted in terms of size, square footage and location. Because the uses are intended to function as support, the following special conditions apply:
1.
Where Campus Business District support uses, are proposed, the following development limits apply:
a.
Uses permitted under special conditions are not intended to be located along frontage of Tittabawassee Road, as that area is designated for more intensive uses identified in Section 2002.
b.
No single building shall be more than 30,000 square feet, with no more than 20,000 square feet designated for uses in Section 2003.2.
c.
Loading doors shall not be visible from nor be located within 75 feet of any street or property boundary.
d.
When a building wall is adjacent to a road or when a building wall is within 50 feet of a property, the building wall(s) shall be constructed with no less than 35 percent glass.
e.
The aggregate floor area for uses devoted to Campus Business District support uses shall not exceed 30 percent of the gross floor area in the Campus Business District.
2.
When the conditions of Section 2003.1 are met, the following uses are permitted.
a.
Food stores.
b.
Retail.
c.
Business services.
d.
Restaurants/food service.
e.
Personal service uses.
f.
Banks.
g.
Entertainment.
h.
Commercial recreation.
i.
Day care.
j.
Other similar services not yet classified.
k.
Mixed use.
3.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
4.
Level 2 and level 3 solar energy systems, subject to the standards contained in section 2222 and issuance of a special use permit.
(Ord. No. 703, 9-8-2008; Ord. No. 771, 9-28-2020)
Campus Business District residential uses are intended to provide housing in densities and form not found elsewhere in the township. The purpose of permitting residential uses in this district is to supplement not replace, existing residential uses within the township. Uses the township wishes to encourage include creative forms of owner occupied housing, specifically attached townhomes, attached single family condominiums, traditional new urban neighborhood design and similar developments. It is not intended to permit scatter site development but creative integration of residential uses into a campus business environment. Residential uses are permitted, subject to the following:
1.
Residential uses in conjunction with commercial uses (mixed use), subject to the standards in Section 2002.8.
2.
Residential development, consisting of at least ten units, when located at least 1,320 feet from Tittabawassee Road when the following are met:
a.
Uses as identified in Section 2207.4.a. through e. regardless of the underlying district noted in this section.
b.
Minimum lot area as identified in Section 2207.f.
c.
Design standards as prescribed in [Section] 2207.6.
(Ord. No. 703, 9-8-2008)
1.
Minimum yard requirements for Campus Business District principal uses.
a.
Each lot shall have a minimum front yard of 50 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures.
b.
Each lot shall have a total side yard of 50 feet, with a minimum of 25 feet on each side. A side yard abutting a residential (R) district or use shall be not less than 100 feet; and further, in the case of a corner lot, the side yard on the street side shall be a minimum of 50 feet.
c.
Each lot shall have a rear yard of 50 feet. A rear yard abutting a residential (R) district shall be not less than 100 feet.
d.
When the side or rear yard areas abut a residential (R) district, a bufferyard, as specified in Section 303.4 shall apply.
2.
Minimum yard requirements for Campus Business District uses permitted under special conditions.
a.
Each lot shall have a minimum front yard of 30 feet and said yard, except for necessary drives or walks, shall remain clear and shall not be used for parking, loading or accessory structures.
b.
Each lot shall have a total side yard of 25 feet, with a minimum of ten feet on each side. A side yard abutting a residential (R) district shall be not less than 100 feet; and further, in the case of a corner lot, the side yard on the street side shall be a minimum of 30 feet.
c.
Each lot shall have a rear yard of 20 feet. A rear yard abutting a residential (R) district shall be not less than 100 feet.
d.
When the side or rear yard areas abut a residential (R) district, a buffer is required as specified in Section 303.4.
3.
Minimum yard requirements for Campus Business District residential uses.
a.
Mixed-use residential uses shall meet the minimum yard requirements for uses permitted under special conditions.
b.
Residential developments as defined shall follow the lot regulations as contained in Section 2207.5.f.
4.
Exceptions to setback requirements.
a.
No setback from railroads. No setback is required from a lot line that abuts the right-of-way of a railroad track. However, for the provisions of this district, if there is a R district adjacent to a railroad then a setback consistent with Section 2005.1.b. shall be provided.
5.
Maximum building height.
a.
Buildings shall not exceed 100 feet, provided the following:
i.
Any buildings within 150 feet of a residential (R) district shall not exceed two and one-half stories or 35 feet.
ii.
Any buildings located within 151 to 200 feet of a residential (R) district shall not exceed three and one-half stories in height or 45 feet.
b.
Exceptions (refer to Chapter 3, Section 304).
6.
Maximum lot coverage.
a.
A maximum of 50 percent of the lot may be covered by buildings.
7.
Minimum lot size. All lots shall meet the minimum standards below, with the acknowledgement that for residential uses, which require a minimum of ten units, shall be a minimum of five acres with individual lot sizes guided by standards contained in Section 2207.5.f.
a.
Each lot shall contain a minimum of 217,800 square feet, or five acres, unless a smaller lot size is specifically approved by the planning commission.
b.
Each lot shall be a minimum of 250 feet in width at the front building line.
(Ord. No. 703, 9-8-2008)
Uses in this district shall conform to the following standards:
1.
Storage, loading and service areas: Outdoor storage of materials and/or equipment may be permitted, however, the storage areas, loading or unloading and/or delivery areas need to be creatively shielded/screened from all public views including the roadway and adjacent properties. Screening shall be accomplished by using an existing building wall, a decorative masonry wall, or a combination of a masonry wall and landscaping. All masonry walls shall be a minimum of eight feet in height and shall provide a six- to eight-foot landscaping strip on the exterior of the wall. Within this landscaping strip at least one evergreen tree, a minimum of six feet in height, shall be provided every 20 lineal feet. When equipment or materials being stored have a height that exceeds eight feet the planning commission may require installation of a wall taller than eight feet to more appropriately screen the site.
2.
Uses shall emit no obnoxious, toxic or corrosive fumes or gases which are harmful to the public health, safety or general welfare except those produced by internal combustion engines under design operating conditions.
3.
Uses shall emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel.
4.
Uses shall produce no heat or glare to such an extent as to be detrimental to the health, safety, and general welfare at or beyond the lot boundaries.
5.
Uses shall produce no physical vibrations to such an extent as to be determined detrimental to the health, safety and general welfare at or beyond the lot boundary.
6.
Uses shall not include in the manufacturing process any production or storage of any material designed for use as an explosive.
[7.
Reserved.]
8.
Uses shall conform to all local, state and applicable federal pollution control standards, including noise, air, and water quality requirements.
9.
In addition to meeting the requirements of Chapter 20, Section 311 and Section 314, the planning commission may require studies, reports and additional information relative to how a proposed use will meet the performance standards in this section. This includes, but is not limited to: noise studies, odor maps, engineering analysis of proposed vibration, emission maps, schematics and renderings of the proposed buffers and buildings when viewed from the adjoining property, etc. Based on this information and/or documentation that the proposed use may deleteriously impact the adjoining property, the planning commission may require additional setbacks and screening, including time limits or restrictions on certain improvements to mitigate potential adverse effects, protect existing uses and to ensure compliance with the specific purposes and intent of the Campus Business District.
(Ord. No. 703, 9-8-2008)
A comprehensive sign plan provides a means for defining common sign regulations for multi-tenant projects and for consistency with the Campus Business District by providing incentives in the design and display of signs. A comprehensive sign plan shall be required for all developments and uses within the Campus Business District. An application for a comprehensive sign plan shall be included with the conceptual drawings, illustrations and building elevations and shall address the standards contained in this chapter. The sign plan shall be reviewed and approved by the planning commission, in association with building and site design, as a part of the site plan approval process and shall meet all the standards and requirements contained in Saginaw Charter Township's Sign Ordinance, Chapter 48.
1.
An application for a comprehensive sign plan shall include information on the following:
a.
The location of all wall, projecting, monument, and freestanding signs.
b.
A description of the signs including construction materials, color scheme, unifying design elements, and any proposed lighting.
c.
An itemization of sign sizes including height and area at all identified sign locations.
d.
The location of any area designated for temporary signs, and documentation of the means by which such signs may be illuminated if approved.
2.
A comprehensive sign plan shall comply with the following standards:
a.
The signs and their associated buildings hall share common design elements. The content of any sign message shall not be considered in determining whether common design elements are present.
b.
The comprehensive sign plan shall accommodate future revisions that may be required because of changes in principal uses or tenants.
c.
The comprehensive sign plan shall comply with the standards of this chapter, including any special allowances for sign area, number, location, and height provided for in this section.
(Ord. No. 703, 9-8-2008)
This district is intended for light industrial uses with few, if any, nuisance characteristics, but also permits commercial establishments not engaged in retail sales, service establishments which are of a type engaged in retail sales, and service establishments which are of a type not generally requiring the customer to call at the place of business. The M-1 district is designed to permit manufacturing, processing, assembling, packaging, or treatment of products from previously prepared materials. It is also intended to prohibit residential uses and intensive retail enterprise as being incompatible with the primary industrial and related uses permitted.
It is the purpose of these regulations to promote sound industrial areas within the community which are also protected from incompatible uses.
(Ord. No. 703, 9-8-2008)
The following are the principal permitted uses by "right" within an M-1 district:
1.
Office buildings for any of the following: executive, administrative, professional, accounting or writing, clerical or stenographic, and drafting.
2.
Production, processing, assembling, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery, tool, die, garage and machine products.
3.
Production, processing, assembling, packing or treatment of articles or products from the following: previously prepared or semifinished materials, bone, hair, fur, leather or feathers, fibers, plastics, glass or cellophane, wood, paper or cork, sheet metal or wire, tobacco, rubber, precious or semiprecious stones, and similar articles or products which are previously prepared or semifinished.
4.
Manufacturing of pottery and ceramics.
5.
Manufacturing of musical instruments, toys, novelties or other small, molded products.
6.
Manufacturing and assembly electronic instruments and equipment and electrical appliances and devices.
7.
Laboratories, including experimental, film, testing.
8.
Trade, skills or industrial schools and veterinary hospitals or clinics.
9.
Public utility installations and buildings, including power, fuel, communications, and water treatment.
10.
Truck terminals.
11.
Contractor's establishments.
12.
Wholesale, warehouses and storage buildings and yards, and wholesale firms.
13.
Other uses similar and with no more objectionable character to those permitted hereby, provided they meet the requirements of section 2005.
14.
Signs as provided in chapter 5.
15.
Off-street parking and loading as required and allowed.
16.
Manufacturing of electronics equipment, computers and similar items.
17.
Nonmanufacturing research and development establishments as specified in chapter 19, section 1903(15).
(Ord. No. 703, 9-8-2008)
The following uses of land and structure shall be permitted, subject to the conditions hereinafter imposed for each use:
1.
Accessory uses clearly subordinate to the principal use of the lot or building such as:
a)
Uses which can meet the requirements as herein specified or as defined in chapter 2, section 202(1).
b)
Restaurant or cafeteria facilities for employees.
c)
Caretakers' residences, if situated upon a portion of the lot complying with all of the requirements of the R-1 residential districts.
2.
Signs as provided in chapter 5.
3.
Off-street parking and loading as required and allowed.
4.
Restaurants, taverns, and other eating or drinking establishments which provide food or drink on the premises, however, not including "drive-in" establishments.
5.
Personal wireless communication facilities as provided in section 2219.
6.
Roof mounted, wall mounted, or building integrated photovoltaic (BIPV) solar energy systems, and level 1 solar energy systems, subject to the standards contained in section 2222.
(Ord. No. 536, 7-10-1995; Ord. No. 578, 1-26-1998; Ord. No. 703, 9-8-2008; Ord. No. 771, 9-28-2020)
The following uses of land and structures may be permitted by the applications for the issuance of a special use permit when specified procedures of Chapter 22 and the requirements as outlined in the chapter and sections are met:
1.
Religious institutions, subject to the standards contained in section 2204.
2.
Social institutions, subject to the standards contained in section 2204.
3.
Level 2 and level 3 solar energy systems, subject to the standards contained in section 2222.
4.
Automobile car wash establishments, subject to location, site development and car wash standards cited in chapter 22, section 2218.
5.
Indoor self-storage facilities in climate-controlled buildings; subject to the standards contained in chapter 22, section 2224.
(Ord. No. 692, 10-23-2006; Ord. No. 703, 9-8-2008; Ord. No. 771, 9-28-2020; Ord. No. 787, 2-13-2023, eff. 3-1-2023)
1.
Storage activities in this district within 300 feet of any other district shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors; provided, that it will not be within 300 feet of any other district. All outdoor storage shall be effectively screened by a solid, uniformly finished wall or fence with solid entrance and exit gates, which fence or wall shall be at least five feet in height, but in no case shall the fence be lower than the enclosed storage up to a maximum of eight feet in height. Such storage shall be deemed to include the parking of licensed motor vehicles over 1½ tons rated capacity.
2.
Retail sales are expressly prohibited except as may herein (chapter 21) be specifically allowed.
3.
Uses in this district shall conform to the following standards:
a)
Uses emit no obnoxious, toxic or corrosive fumes or gases which are harmful to the public health, safety or general welfare except those produced by internal combustion engines under design operating conditions.
b)
Uses emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel.
c)
Uses produce no heat or glare to such an extent as to be detrimental to the health, safety, and general welfare at or beyond the lot boundaries.
d)
Uses produce no physical vibrations to such an extent as to be determined detrimental to the health, safety and general welfare at or beyond the lot boundary.
e)
Uses do not include in the manufacturing process any production or storage of any material designed for use as an explosive nor in the use of any such material in production.
f)
Uses shall conform to all local, state and applicable federal pollution control standards, including noise, air, and water quality requirements.
g)
Outdoor storage of sand, dirt, stone, and other similar materials shall be properly controlled or covered so as to prevent particles from blowing onto adjacent lots or creating a nuisance to the public.
(Ord. No. 703, 9-8-2008)
1.
Minimum yard requirements.
a)
All structures are required to have a minimum front yard or setback of not less than 30 feet from the property line. Rear yards shall be ten percent of the lot depth, but need not exceed 40 feet. A minimum side yard of ten feet is required on each side. The total for both sides shall be 20 feet or ten percent of the width, whichever is greater. Where a lot in this district abuts a lot in any residential district, no building in the M-1 district shall be closer than 100 feet to the property line of such residential district lot.
Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, storage, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading but not for storage. The side or rear yard may be eliminated where a railroad service to the site is obtained at the edge of the lot.
b)
Structures and solid fences or walls shall be no closer to the lot boundary than a distance equal to twice their height. This provision shall not apply to main buildings 15 feet or less in height nor to accessory structures, fences, or walls ten feet or less in height.
c)
When the side or rear yard areas about land within a residential district and when such yard areas are to be used for parking, loading, unloading, or servicing, then such side and rear yard areas shall be effectively screened by a solid, uniformly finished wall or fence. Such wall or fence shall be at least five feet in height, but in no case shall the fence or wall be lower than the enclosed parking, loading, or servicing activity to be screened up to a maximum of eight feet in height.
2.
Maximum building height.
a)
Buildings shall not exceed 3½ stories in height or 45 feet, provided any buildings within 75 feet of a residential district shall not exceed 2½ stories or 35 feet.
b)
Exceptions (refer to chapter 3, section 304).
3.
Maximum lot coverage.
a)
There is no maximum lot coverage requirement for M-1 districts.
4.
Minimum lot size.
a)
Each lot shall be a minimum 100 feet in width for nonmanufacturing land uses and a minimum of 150 feet for manufacturing uses. No lot, in any event, shall be less than 130 feet in depth.
5.
Minimum off-street parking.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Minimum off-street loading area for M-1 uses.
a)
Industrial or manufacturing uses and warehouse operations shall provide loading areas in amounts not less than shown in the following schedule:
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004; Ord. No. 703, 9-8-2008)
This district is intended for intensive industrial uses but also permits light industrial, commercial establishments not engaged in retail sales, and service establishments which are of a type not generally requiring the customer to call at the place of business. The M-2 district is designed to permit the manufacturing, processing or assembling of semifinished or finished products from raw material as well as previously prepared material. It is also intended to prohibit residential uses and intensive retail enterprise as being incompatible with the primary industrial and related uses permitted. It is the purpose of these regulations to promote sound industrial areas within the community which are also protected from incompatible uses.
(Ord. No. 703, 9-8-2008)
The following are the principal permitted uses by "right" within an M-2 district:
1.
Uses permitted by "right" within an M-1 district.
2.
Heating and electric power generating plants.
3.
Any manufacturing, processing, testing, assembling, storage, and distribution of materials, goods, foodstuffs and other semifinished or finished products from raw materials.
(Ord. No. 703, 9-8-2008)
The following uses of land and structures are permitted, subject to the conditions hereinafter imposed for each use:
1.
Accessory uses that are clearly subordinate to the main use of the lot or building such as:
a)
Uses which can meet the requirements as herein specified or as defined in chapter 2, section 202(1).
b)
Restaurant or cafeteria facilities for employees.
c)
Caretakers' residences if situated upon a portion of the lot complying with all the requirements of the R-1 residential districts.
2.
Signs as provided in chapter 5.
3.
Off-street parking and loading as required and allowed.
4.
Communications towers (meeting requirements of section 2219).
(Ord. No. 703, 9-8-2008)
Editor's note— Ord. No. 536 added as paragraph 4 "Communications towers. (Meeting requirements of § 2219)." Ord. No. 578 effectively superseded Ord. No. 536. While Ord. No. 578 did not repeal the amendment to § 2103 made by Ord. No. 536, as the obvious intent of Ord. No. 578 was to replace Ord. No. 536, the amendment made by Ord. No. 536 has been deleted.
1.
Enclosed buildings. Activities in this district shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors; provided, that within 200 feet of any other district said storage shall be in completely enclosed buildings. All outdoor storage shall be effectively screened by a solid, uniformly finished wall or fence with a solid entrance and exit gate, which fence or wall shall be at least five feet in height, but in no case shall the fence be lower than the enclosed storage, up to a maximum height of eight feet. Such storage shall be deemed to include the parking of licensed motor vehicles every 1½ tons rated capacity.
2.
Retail sales. Retail sales are expressly prohibited except as may herein (chapter 21a) be specifically allowed.
3.
Standards of conformance. Uses in this district shall conform to the following standards:
a)
Uses emit no obnoxious, toxic or corrosive fumes or gases which are harmful to the public health, safety or general welfare, except those produced by internal combustion engines under design operating conditions.
b)
Uses emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the use of the parcel.
c)
Uses produce no heat or glare to such an extent as to be detrimental to the health, safety, and general welfare at or beyond the lot boundaries.
d)
Uses produce no physical vibrations to such an extent as to be determined detrimental to the health, safety and general welfare at or beyond the lot boundaries.
e)
Uses do not include in the manufacturing process any production or storage of any material designed for use as an explosive nor in the use of any such material in production.
f)
Uses shall conform to all local, state and applicable federal pollution control standards, including noise, air, and water quality requirements.
g)
Outdoor storage of sand, dirt, stone, and other similar materials shall be properly controlled or covered so as to prevent particles from blowing onto adjacent lots or creating a nuisance to the public.
(Ord. No. 703, 9-8-2008)
1.
Minimum lot size.
a)
Each lot shall contain a minimum of 13,000 square feet.
2.
Minimum yard requirements.
a)
All structures are required to have a minimum front yard or setback of not less than 30 feet from the front property line. Rear yards shall be ten percent of the lot depth, but need not exceed 40 feet. The total of the side yards shall be at least ten percent of the lot width, but need not exceed 40 feet, and may be divided between two side yards as desired. Where a lot in this district abuts a lot in any residential district, no building in the M-2 district shall be closer than 100 feet to the property line of such residential district lot.
Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and shall not be used for parking, loading, storage, or accessory structures. Side and rear yards, except for a strip along the lot boundary ten feet in width, may be used for parking and loading but not for storage. The side or rear yard may be used for parking, loading or storage where a railroad service to the site is obtained at the edge of the lot.
b)
Structures and solid fences or walls shall be no closer to the lot boundary than a distance equal to twice their height. This provision shall not apply to main buildings 15 feet or less in height nor to accessory structures, fences, or walls ten feet or less in height.
c)
When the side or rear yard areas abut land within a residential district and when such yard areas are to be used for parking, loading, unloading, or servicing, then such side and rear yard areas shall be effectively screened by a solid, uniformly finished wall or fence. Such wall or fence shall be at least five feet in height, but in no case shall the fence or wall be lower than the enclosed parking, loading, or servicing activity to be screened up to a maximum of eight feet in height.
3.
Maximum building height.
a)
Buildings shall not exceed five stories in height or 70 feet, provided any buildings within 100 feet of a residential district shall not exceed 3½ stories or 45 feet.
b)
Exceptions (refer to chapter 3, section 304).
4.
Maximum lot coverage.
a)
There is no maximum lot coverage requirement for M-2 districts.
5.
Minimum off-street parking.
a)
Requirements for an allowed use shall be determined from the "Schedule of Parking Requirements" in chapter 4 (refer to section 404).
6.
Minimum off-street loading area for M-1 uses.
a)
Industrial or manufacturing uses and warehouse operations shall provide loading areas in amounts not less than shown in the following schedule:
(Ord. No. 455, 4-22-1991; Ord. No. 678, 11-8-2004; Ord. No. 703, 9-8-2008)
The Mall Planned Unit Development (MPUD) District is intended to allow a mixture of land uses arranged according to an approved planned unit development plan and development agreement, meeting the standards of this chapter. The MPUD standards permit flexibility in the regulation of land development; encourage innovation in land use, form of ownership (such as a condominium), and variety in design, layout, and type of structures constructed; achieve economy and efficiency in the use of land; create aesthetically pleasing architectural features and public spaces; promote efficient provision of public services and utilities; minimize adverse traffic impacts; provide improved employment and service opportunities particularly suited to residents of the township; encourage development of convenient recreational facilities; and encourage the use and improvement of existing sites when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas.
The standards are intended to accommodate redevelopment of the Fashion Square Mall block, which is a key anchor to commercial development in the Tittabawassee Road and Bay Road corridors. The MPUD standards are not intended to avoid requirements of other zoning classifications rather than to achieve the stated purposes herein set forth. To encourage higher quality development, these standards may allow the township to relax or waive one or more of the dimensional requirements of the specified zoning districts. The MPUD also allows the developer the opportunity to mix compatible uses on a single property to achieve a more efficient use of the land than might otherwise be possible through an individual zoning classification.
(Ord. No. 783, 9-12-2022)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Fashion Square Mall Block" means the land area shown on the Township's 2021 Future Land Use Map as "Transitional" between Tittabawassee Road, Schust Road, Bay Road and Fashion Square Boulevard, to include the Fashion Square Mall and surrounding properties.
"Final MPUD site plan" means the final site plan approved by the planning commission for each phase of development for the Fashion Square Mall District.
"Mall Planned Unit Development (MPUD)" means the zoning district established for the Fashion Square Mall block.
"MPUD development agreement" means the Mall Planned Unit Development Agreement that is submitted with a final MPUD site plan and details the conditions of development approval along with any specific requirements such as timing of improvements, phasing, duration of approvals, financial guarantees, etc.
"Preliminary MPUD site plan" means the preliminary site plan that is recommended by the planning commission and approved by township board to regulate the overall use of land for the Fashion Square Mall site.
(Ord. No. 783, 9-12-2022)
The only property that qualifies for the MPUD district designation is the Fashion Square Mall block, as defined in Section 21b02 and as identified on the Saginaw Township Zoning Map as Mall Planned Unit Development (MPUD). The following principal uses are permitted in the MPUD district, in conformance with an approved preliminary MPUD plan:
In the MPUD district, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right, uses denoted by a "C" are conditional uses, and uses denoted by "S" are considered special land uses and may be approved by the planning commission subject to the applicable general and specific standards in chapter 22, special land uses. A notation of "—" indicates that the use is not permitted within the district. All permitted, conditional, and special land uses are subject to the applicable site development requirements of the ordinance.
(Ord. No. 783, 9-12-2022)
The only property that qualifies for the MPUD zoning designation is the Fashion Square Mall block, as defined in section 21b02 and as identified on the Saginaw Township Zoning Map as Mall Planned Unit Development (MPUD).
(Ord. No. 783, 9-12-2022)
Proposed development under the MPUD must meet the following minimum development and design standards:
A.
Availability and capacity of public services. The proposed type and density of uses(s) shall ensure adequate availability of public services, public facilities and utility capacities.
B.
Phased development. Each phase of the development must be capable of meeting the requirements of the ordinance including road network, with the use of T-turnarounds and stub street connections, utilities and availability of public services. Each phase upon completion must be capable of standing on its own with respect to these required improvements.
C.
Design standards. Proposed development of the site must, at a minimum, meet the design standards that are adopted as a separate document by resolution of the township board. Such document shall include, but not be limited to, provisions for site layout, access, vehicular and pedestrian circulation, parking, screening, building design and architecture, landscaping, open/green space, public space, lighting, and signage.
(Ord. No. 783, 9-12-2022)
A.
District requirements. Unless modified by the planning commission, according to the MPUD standards, all zoning ordinance requirements for the following zoning districts designated on the preliminary MPUD Plan shall apply, depending upon the applicable use.
Residential uses: R-4
Commercial uses: B-3
B.
Regulatory flexibility. To encourage flexibility and creativity, the planning commission may grant specific modifications from the requirement of the zoning ordinance as a part of the approval process. Dimension ordinance standards may be modified, provided that such modifications result in a higher quality development that meets the intent of this section and provides a more efficient use of land and improved compatibility with adjacent land uses.
C.
Approval of modifications. Any regulatory modification shall be approved through a finding by the planning commission that the modification shall result in a higher quality of development than would be possible using conventional zoning standards. Higher quality development that would be approved in exchange for a modification would include enhanced building design (e.g. higher quality materials, improved design), increased landscaping, additional site amenities (e.g. fountains, seating areas, gazebos), enhanced infrastructure, etc. Regulatory modifications are not subject to variance approval of the zoning board of appeals.
D.
Table of modifications. A table shall be provided on the site plan which specifically details all modifications from the established zoning district's dimensional requirements including density, lot area, height, setback, off-street parking, or other zoning ordinance provisions which would otherwise be applicable to the uses and development proposed in the absence of this MPUD chapter. This specification should include ordinance provisions, from which modifications are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which modifications are sought. Only those modifications consistent with the intent of this chapter and the Saginaw Township Master Plan shall be considered.
(Ord. No. 783, 9-12-2022)
The application process for a MPUD involves a two step process, with an optional planning commission workshop, that includes review of a preliminary MPUD site plan by both the planning commission and township board. Upon approval of the preliminary MPUD site plan, a final MPUD site plan shall be reviewed by the planning commission. The procedures are described below.
A.
The applicant shall meet with township staff to review the MPUD requirements and confirm that application materials are complete. An optional pre-application workshop with the planning commission may be requested by the applicant to discuss the details of the MPUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant desiring such a workshop shall request placement on the planning commission agenda.
B.
The applicant shall submit the preliminary MPUD site plan, meeting the requirements of section 21b07, at least 45 days prior to the meeting at which the planning commission shall first review the request; 30 days for an applicant who has had a pre-application workshop on the proposal within 60 days of the preliminary MPUD site plan submittal.
C.
The planning commission shall review the preliminary MPUD site plan and conduct a public hearing in accordance with section 2305, public notice. During this review, the administration and/or planning commission may request additional materials supporting the MPUD proposal, or recommend modifications or conditions based on the standards of 21b07(c). Examples of additional information include but are not limited to a traffic study, environmental study, market analysis, community impact statement, etc. The planning commission shall then make a recommendation on the preliminary MPUD site plan to the township board. The applicant shall incorporate these modifications or conditions recommended by planning commission prior to the review by the township board.
D.
Following receipt of the planning commission recommendations, the township board shall take final action and either approve, deny or approve with conditions the preliminary MPUD site plan.
E.
Any conditions imposed upon the approval of the preliminary MPUD site plan by the township board shall be made part of the approval and shall be reflected in the final MPUD site plan.
F.
Approval of the preliminary MPUD site plan shall be effective for a period of two years. If a final MPUD site plan for at least the first phase of the project is not submitted and approved, permits issued and construction initiated within two years of the preliminary approval, the preliminary MPUD site plan shall terminate and a new application must then be filed and processed. The two year period for preliminary MPUD approval may be extended for not more than one year, if applied for by the petitioner prior to expiration and granted by the township board, based upon a recommendation by the planning commission. To be considered for an extension, the applicant must demonstrate that the applicant has been working diligently toward construction of the project, but has been unable to begin construction within the two-year time period for reasons beyond the applicant's control, such as a change in the economy, environmental cleanup issues, etc.
G.
If the approved preliminary MPUD site plan indicated that the proposed development was to occur in phases, final MPUD site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to insure protection of the health, safety, and welfare of the users of the MPUD and of the surrounding area. Roads, utilities and other infrastructure for each phase shall be designed to fully operate in accordance with township engineering standards and not be dependent upon the completion of subsequent phases. Subsequent phases shall also follow the process for final MPUD site plans outlined in this chapter.
H.
For multi-phased plans, the preliminary MPUD plan shall remain in effect for a period of five years and the applicant has the right to request a five year extension if economic conditions dictate the need for said extension.
I.
The applicant shall submit the final MPUD site plan, as described in section 21b11, for all or any phase of, the approved preliminary MPUD site plan. Upon submission of all required materials and fees, the planning commission shall review the final MPUD site plan and shall take final action on the final MPUD site plan, in accordance with the standards and regulations of this chapter. The planning commission may request additional studies or materials that it deems necessary to render a decision.
J.
The township attorney will prepare a draft MPUD development agreement stating the conditions upon which the MPUD is based, which shall be submitted to the township board for approval concurrent with the preliminary MPUD plan. The MPUD development agreement will be finalized during final MPUD approval and shall be entered into between the township and the applicant and be recorded in the office of the Saginaw County Register of Deeds. The applicant shall pay all costs associated with recording the MPUD development agreement.
K.
If the final MPUD site plan was approved with conditions, the applicant shall submit a revised final MPUD site plan to the director of community development for approval prior to the issuance of any building permits.
L.
The applicant shall reimburse the township for all costs related to the review of the MPUD application, including the preparation of the MPUD development agreement by the township attorney.
(Ord. No. 783, 9-12-2022)
The township board may, by resolution and upon recommendation of the planning commission, approve a MPUD development plan establishing specific design and development standards for multiple sites, which may include pre-formulated waivers for certain requirements and standards of the underlying zoning district. For the purposes of this chapter, an approved MPUD development plan shall function like an approved preliminary MPUD site plan, requiring each subsequent developer and/or project to follow the process for final MPUD site plan outlined in this chapter. There shall be no expiration date for a township-initiated MPUD development plan. Except as provided by the township board in the MPUD development plan, the planning commission may require each developer to enter into a separate MPUD development agreement for each individual site or series of projects. Deviations from an approved MPUD development plan shall be permitted only in accordance with section 21b13, deviations from approved final MPUD site plan.
(Ord. No. 783, 9-12-2022)
The preliminary MPUD site plan shall set forth the proposed uses to be developed in the MPUD. The following specific information shall be provided in the preliminary MPUD site plan submittal:
A.
Proof of ownership. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement with written authorization from the owner.
B.
Written documentation. Written documentation that the preliminary MPUD site plan meets the standards of section 21b05.
C.
Application form and fees. A completed application form, supplied by the director of community development, and an application/review fee; a separate escrow deposit, to be kept current throughout the review process, shall be required for administrative and consulting charges to review the MPUD submittal.
D.
Sheet size. Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale of one inch equals 20 feet for sites of 20 acres or less; and one inch equals 100 feet or less (i.e. one inch equals 20 to 100 feet) for sites over 20 acres.
E.
Cover sheet. Cover sheet providing:
1.
Applicant's name.
2.
Name of the development.
3.
Preparer's name and professional seal of architect, engineer, surveyor, and landscape architect as applicable indicating license in the State of Michigan.
4.
Date of preparation and any revisions.
5.
Complete and current legal description and size of property in acres.
6.
Small location sketch of the subject site and area within one-half mile, and scale.
7.
Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the MPUD site.
F.
Final MPUD site plan submittal requirements. A site plan sheet, meeting the requirements of section 311, site plan review, indicating:
1.
Existing locations of all natural, historical, and architectural features, existing drainage patterns, surface water bodies, floodplain areas, EGLE designated or regulated wetlands with supporting documentation, nonregulated wetland areas two or more acres in size, and a tree survey indicating the location and diameter (in inches, measured four feet above grade) of existing trees.
2.
Existing and proposed topography at five foot contour intervals, and a general description of grades within 100 feet of the site.
3.
An aerial photograph of the entire site and all areas within one-half mile of the site, taken not more than one year prior to the date of the MPUD application.
4.
Dimensions of existing and proposed right-of-way lines, names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian and/or bicycle paths.
5.
Existing buildings, utility services (with sizes), and any public or private easements, noting those which will remain, and which are to be removed.
6.
Layout and typical dimensions of proposed lots, footprints, and dimensions of proposed buildings and structures; uses with the acreage allotted to each use.
7.
General engineering information for utilities and drainage.
8.
General location and type of landscaping proposed (evergreen, deciduous, berm, etc.) noting existing trees and landscaping to be retained.
9.
Building elevations, floor plans and materials.
10.
Public open space areas.
11.
Size, type, and location of proposed identification signs.
12.
North arrow.
13.
Property lines and dimensions.
14.
Lot lines and all structures on the property and within 100 feet of the MPUD property lines.
15.
Location of any vehicle access points on both sides of the street within 100 feet of the MPUD site along streets where vehicle access to the MPUD is proposed.
16.
The applicant may be required to submit additional studies requested by the administration, the planning commission, or the township board to aid in a decision on the final site plan. These additional studies may include, but are not limited to, traffic studies, environmental studies, community impact studies, market need analysis, etc.
G.
MPUD development agreement. A draft written MPUD development agreement specifying all the terms and understandings of the MPUD development must be submitted with the final MPUD site plan. The agreement shall be prepared by the township attorney (at the applicant's expense), the content of which shall be based on the extent of the proposed development, but shall at a minimum provide the following:
1.
A survey of the acreage comprising the proposed development.
2.
The manner of ownership of the developed land.
3.
The amount, manner of the ownership and proposed method of dedication or mechanism to protect any areas designated as common areas or open space.
4.
Land use description including list of proposed uses, lot dimensions, setbacks and other dimensional standards.
5.
Description of improvements to common areas, recreational facilities and non-motorized pathways.
6.
General description of any improvements to roads or utilities. The cost of installing and maintaining all streets and the necessary utilities shall be assured by a means satisfactory to the township.
7.
Provision assuring that open space areas shown on the plan for use by the public or owners of the development will be irrevocably committed for that purpose. The township may require conveyances or other documents to be placed in escrow to accomplish this.
8.
Provisions 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 township.
9.
Provisions to ensure adequate protection and maintenance of public spaces.
10.
Financial assurances to guaranty the completion of all improvements.
11.
An acknowledgement by the applicant that the terms and conditions of any approval are fair, reasonable, and equitable, and that the applicant shall be bound by each and every condition and provision of the development agreement.
12.
The preliminary MPUD site plan shall be incorporated by reference and attached as an exhibit, including conditions attached to the approval.
H.
Additional information. Any additional graphics or written materials requested by the planning commission or township board to assist the township in determining the appropriateness of the MPUD such as, but not limited to: market studies; impact on public primary and secondary schools and utilities; traffic impact study; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; description of how property could be developed under the regulations of the underlying district; preliminary architectural sketches; and estimated construction cost.
(Ord. No. 783, 9-12-2022)
Based upon the following standards, the planning commission may recommend denial, approval, or approval with conditions, and the township board may deny, approve, or approve with conditions the proposed preliminary MPUD site plan.
A.
The MPUD shall meet the qualifying conditions of section 21b04.
B.
The MPUD must be consistent with the Saginaw Township Master Plan.
C.
The uses must have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed must not adversely affect the public utility and circulation system, surrounding properties, or the environment.
D.
Any modifications to the dimensional standards of this chapter, such as lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards shall be reviewed and approved by the planning commission.
E.
The number and dimensions of off-street parking shall be sufficient to meet the minimum required by section 402, off-street parking and loading general requirements. However, where warranted by overlapping or shared parking arrangements, the planning commission may reduce the required number of parking spaces in accordance with section 402, off-street parking and loading general requirements.
F.
All streets and parking areas within the MPUD shall meet the minimum construction and other requirements of township ordinances, unless modified by township board.
G.
Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.
H.
Landscaping shall be provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Plantings and other landscape features shall be consistent with or exceeding the standards of section 314, general design guidelines.
I.
Judicious effort shall be used to preserve significant natural features and the integrity of the land, including EGLE-regulated and nonregulated wetlands.
J.
Public water and sewer facilities shall be available or shall be provided by the developer as part of the site development.
K.
Building design shall be of a high-quality and be consistent with or exceed the standards of section 314, general design guidelines.
(Ord. No. 783, 9-12-2022)
The final MPUD site plan shall include all the following information, unless the director of community development determines that some of the required information is not reasonably necessary for the consideration of the MPUD:
A.
All information required for site plan submittal in accordance with section 311, site plan review.
B.
Any additional graphics or written materials requested by the planning commission to assist in determining the impacts of the proposed final MPUD site plan, including, but not limited to, economic or market studies; impact on public utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.
C.
The final MPUD site plan application shall also note and include any variations to the dimensional standards of this chapter, such as density, lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards.
(Ord. No. 783, 9-12-2022)
The planning commission shall use the standards for approval of section 311(6), site plan review, and any design requirements developed specifically for the MPUD by the township board, in reviewing the final MPUD site plan. Any additional modifications to dimensional requirements under section 21b06, dimensional requirements, may be approved by the planning commission when meeting the intent of this ordinance.
(Ord. No. 783, 9-12-2022)
A.
Deviations from the approved final MPUD site plan and associated design guidelines shall be reviewed and approved in accordance with section 21b12.
B.
Deviations to the approved site plan may occur only under the following circumstances:
1.
An applicant or property owner who has been granted final MPUD site plan approval shall notify the director of community development of any proposed amendment to such approved site plan.
2.
Minor changes may be approved by the director of community development, or designee. The director of community development must provide, in writing to the planning commission, documentation that the proposed revision does not alter the basic design, compliance with the standards of this article [chapter], nor any specified conditions of the plan as agreed upon by the planning commission. Examples of minor changes include but are not limited to the following:
(a)
Change in size of structures by up to five percent.
(b)
Change in square footage of non-residential buildings by up to five percent or 1,000 square feet, whichever is smaller.
(c)
Alterations to horizontal and/or vertical elevations by up to five percent.
(d)
Movement of a building or buildings by no more than ten feet.
(e)
Increase in designated open space or "areas not to be disturbed."
(f)
Replacement of plantings approved in the site plan landscape plan by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one or greater basis, with approval of the director of community development.
(g)
Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.
(h)
Changes of building materials to another of higher quality, as determined by the director of community development.
(i)
Changes in floor plans which do not alter the character of the use.
(j)
Slight modification of sign placement or reduction of size.
(k)
Relocation of sidewalks and/or refuse storage stations.
(l)
Internal rearrangement of parking lot which does not change the number of parking spaces by more than five percent or alter access locations or design.
(m)
Changes required or requested by the township for safety reasons.
3.
Should the director of community development determine that the requested amendment to the approved site plan is not minor, a revised final MPUD site plan submission must be submitted for planning commission review and possible approval. All modifications must be highlighted in such a manner that the modifications to the approved plan are easily identified. Any change in use from the approved preliminary MPUD site plan must be reviewed and approved by the planning commission to determine if it meets the intent of the originally approved plan.
4.
Should the planning commission determine that the modifications to the final MPUD site plan significantly alter the intent of the preliminary MPUD site plan, a new submittal illustrating the modification shall be required and must be approved by the township board as a new preliminary MPUD site plan.
(Ord. No. 783, 9-12-2022)
Appeals and variances related to a MPUD cannot be taken to the zoning board of appeals. Modifications can only be granted by the planning commission when it is determined that the requested amendments are in keeping with the overall intent of a MPUD, as identified in section 21b01.
(Ord. No. 783, 9-12-2022)