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Southgate City Zoning Code

CHAPTER 1281

Market Center Overlay District

1281.01 INTENT.

   (a)   The Zoning Ordinance regulates the intensity and use of development, which is appropriate in most parts of the City. There are also areas within the City in which greater emphasis on regulating form and character of development should be considered as well as use and intensity of use. The Market Center Overlay District (MCOD) uses specific design and review provisions to accomplish this, with a special sensitivity to the contextual relevance of a unique commercial area along the Eureka Road Corridor. This unique zoning overlay district allows the City to regulate land use in a more flexible format for this specific area to encourage a viable, dynamic mix of uses.
   (b)   Proposed Area. Beginning at the southeast corner of Fordline Street and Eureka Road, thence along the southern half of Eureka Road easterly to the southwest corner of Howard Street and Eureka Road, thence southerly along Howard Street approximately 256 feet, thence westerly approximately 167 feet, thence southerly approximately 1,045 feet, thence westerly approximately 214 feet, thence southerly approximately 530 feet, thence westerly approximately 538 feet, thence northerly approximately 357 feet, thence westerly approximately 1,309 feet, thence southerly 565 feet along Trenton Road, thence westerly approximately 423 feet, thence northerly approximately 1,393 feet, thence westerly approximately 1,223 feet to Fordline Street, thence northerly along Fordline Street approximately 517 feet to Eureka connecting with the point of beginning and creating the overlay district boundaries.
   (c)   The preferred form of development includes those projects that advance the following objectives:
      (1)   Improved building appearance;
      (2)   Use of durable building materials, such as brick masonry;
      (3)   Increased pedestrian accommodations and facilities;
      (4)   Less required parking;
      (5)   Safe and efficient vehicle circulation;
      (6)   Appropriate transitions to existing and any future multiple and single family residential uses;
      (7)   Uniform signage of compatible size and materials;
      (8)   Locating of buildings nearer to the street;
      (9)   Multiple story buildings;
      (10)   Varied and interesting architectural styles and features;
      (11)   Increased building transparency on the first floors;
      (12)   Mixed uses.
(Ord. 19-1009. Passed 12-18-19.)

1281.02 APPLICABILITY AND ORGANIZATION.

   (a)   Any new use or expansion of an existing use, unless otherwise noted herein, shall comply with the requirements of this chapter and other applicable requirements of this part.
   (b)   The requirements of this part shall not apply to:
      (1)   Continuation of a permitted use or uses permitted subject to special conditions.
      (2)   Reoccupation of an existing building with a permitted use or a use permitted subject to special conditions.
      (3)   The expansion of an existing structure, whether conforming or legal nonconforming by less than five hundred (500) square feet.
      (4)   Normal repair and maintenance of existing structures that do not increase its size.
   (c)   The MCOD contains a set of unique regulations. Specifically, these include:
      (1)   General standards that apply to all MCOD properties. These include special provisions for parking and landscape and streetscape elements.
      (2)   Permitted and special use table that provides for a dynamic mix of uses throughout the district.
      (3)   Design standards applicable to all MCOD properties.
      (4)   Design-based dimensional requirements. These include special provisions not found in other zoning districts, including:
         A.   Minimum and maximum height;
         B.   Required building lines and setback lines;
         C.   Exemptions and modifications from design-based provisions for streetscape elements;
         D.   Parking location; and
         E.   Lot coverage and open space.
(Ord. 19-1009. Passed 12-18-19.)

1281.03 REQUIREMENTS APPLICABLE TO THE MCOD.

   (a)   Parking. Parking when provided shall be in accordance with Chapter 1292 . However, the City may reduce the amount of parking required and may modify all related regulations required by Chapter 1292 provided that the proposed project advances the currently adopted design considerations and provides benefits that could not be achieved utilizing the regulations in the underlying zoning.
   (b)   Landscape and Streetscape. Landscape and streetscape elements shall be required in accordance with Section 1298.09 and the following. Whenever provisions of Section 1298.09 may conflict with these provision, the below provisions prevail:
      (1)   Street furniture shall be provided at a ratio of one (1) element for every thirty (30) linear feet of frontage along a right-of-way. Street furniture may be located in a city right-of-way or on private property, provided it is located between the front building line and the back-of-curb. A five (5)-foot width of walkable area between the building and curb must be maintained. Permitted street furniture features include:
         A.   A permanently mounted seating or table fixture.
         B.   A permanently reserved planting bed with defined, durable edges. Such beds must be a minimum of twenty (20) square feet in area and should be raised or protected from the surrounding paved areas by a durable curb, edge, or other designed feature. Planting beds must be planted with hardy plants and general areas within planting beds must be planted with groundcover to reduce soil loss.
         C.   Waste receptacle constructed of decorative materials consistent with the district.
      (2)   Parking areas which front a public right-of-way shall be screened from the public right-of-way by a thirty (30)-inch decorative masonry wall. Such wall may be located directly along the front property line or may be recessed and buffered by a landscape bed three (3) feet in depth.
   (c)   Signage. The MCOD encompass land in the City of Southgate’s “Downtown” consisting of buildings with distinctive architecture. It is important to capture and preserve the unique character of a downtown in the types of signs permitted; therefore, all sign permit applications shall be reviewed by the Building Director using the following guidelines.
      (1)   Location. Signs shall not cover architectural details such as arches, transom windows, moldings, columns, capitals, sills, cornices and similar details.
      (2)   Materials. Sign materials shall complement the building facade and be consistent with the district.
      (3)   Lettering Style. Lettering style shall complement the building.
      (4)   Illumination. Signs shall be illuminated using a direct but shielded light source, rather than internal illumination. The illumination of any sign shall be subject to Building Director approval.
      (5)   Projecting Signs. Projecting signs shall be permitted provided they are oriented towards pedestrian traffic, have a minimum under-clearance of eight (8) feet, and do not project more than four (4) feet from the face of the building to which they are attached.
      (6)   Colors. No more than three (3) complementary colors may be used per sign, with generally one (1) color for the background, one (1) for the lettering, and one (1) for accent. More than three (3) complementary colors may be used for graphics or symbols on the sign.
      (7)   Murals. Permitted and regularly maintained as approved by the Building Director.
      (8)   Sidewalk/Sandwich Board Signs. Sidewalk signs may be located between the building line and private street curb lines only. Any sidewalk on which such sign is located shall be at least six (6) feet wide and shall leave at least five (5) feet of the sidewalk’s width open and unobstructed.
   (d)   Uses Permitted. Authorized uses are identified in Table 1. If a use is not listed but is similar to other uses within a category, the Building Director may make the interpretation that the use is similar to other uses. The Building Director may also make the determination whether the similar use is permitted by right, as a use subject to special conditions use approval, not permitted, or permitted subject to use-specific conditions. The Building Director may obtain a recommendation from the Planning Commission as to whether or not the proposed use is similar to a specific use and whether the use is permitted by right, as a conditional land use, not permitted, or permitted on the upper floors only.
(Ord. 19-1009. Passed 12-18-2019.)

1281.04 PERMITTED USES.

   TABLE 1
USES
USES
Public parks and playgrounds
Residential uses above first floor of commercial or service uses.
Non-profit institutional uses.
Child daycare centers, subject to the requirements set forth in Section 1268.03 (d).
Multiple-family dwellings subject to the requirements set forth in Chapter 1272 .
Office buildings occupied by the practice of any one or more of the following professions: physician, dentist, attorney, chiropractor, accountant, engineer or architect.
Professional Office and Service Uses.
Banks, credit unions, savings and loan associations.
Retail sales of office supplies, computer and business machines and personal communication equipment.
Business service establishments such as printing and photocopying services, mail and packaging services and typing and secretarial services.
Studios for musical, dance or artistic instruction.
Personal service establishments, such as photographic studios, barber and beauty shops, watch, clothing and shoe repair, locksmith, laundry and dry cleaning, and similar establishments.
Food and beverage sales, including grocery, meat market, bakery, party store, delicatessen and fruit market.
Retail sales of gifts, antiques and collectables.
Standard and carry-out restaurants.
Bars and lounges.
Retail sales of drug and health care products.
Retail sale of clothing, shoes, jewelry and accessories, only as secondary and incidental to new products.
Drive-in or drive-up facilities such as drive-up windows for banks, drive-in cleaners, and drive-thru restaurants.
Retail sales of musical instruments, tech stores, hardware, paint and home decorating supplies, floor covering, sporting goods, furniture, home accessories and appliances less than 5,000 square feet.
Sidewalk cafe service, operated by an adjacent or adjoining restaurant or other food establishment which sells food or drinks for immediate consumption on their property.
Food trucks as approved by the Building Director Recreation and amusement services, including theaters.
Health clubs or gymnasiums.
 
(Ord. 19-1009. Passed 12-18-2019.)

1281.05 DESIGN STANDARDS.

   (a)   Building Design and Materials. It is the intent of this chapter to improve the appearance of and add visual interest to the MCOD. Emphasis shall be placed upon methods that focus attention on attractive buildings that front on the adjacent right-of-way.
      (1)   Materials. Durable building materials, simple configurations, and solid craftsmanship are required. All materials will conform with Section 1298.17 of the Zoning Ordinance and to the following:
         A.   Except where otherwise regulated in this section, the exterior building walls of buildings within the MCOD and any related accessory building shall consist of the exterior building wall materials and/or combinations of materials expressly permitted in this section.
         B.   The exterior building walls of all new or redeveloped buildings shall be approved by the Building Director or consist of the following materials or combinations thereof:
            1.   Face brick as defined in this Zoning Code.
            2.   Glazed kiln-baked clay or shale ceramic masonry units, or cut stone or field stone, when these materials are used on not more than twenty percent (20%) of the building as accent materials.
            3.   Finished cementitious materials, including finished systems and stucco, which shall be treated (impregnated, not painted) with earth tone colors and shall be utilized on not more than twenty percent (20%) of the building as accent materials.
   (b)   Materials other than those specifically outlined in this section hereof shall be prohibited. Materials specifically prohibited include:
      (1)   Concrete masonry units (CMU), such as block, pattern and fluted.
      (2)   Tarred paper.
      (3)   Pressed or laminated wood products.
      (4)   Vinyl siding.
      (5)   Any similar or other type products or materials as reviewed by the Building Director.
   (c)   Facade Variation. The maximum linear length of an uninterrupted building facade facing public streets and/or parks shall be thirty (30) feet. Facade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses); cornices, varying building materials or pilasters shall be used to break up the mass of a single building.
   (d)   Ground Story Visual Interest.
      (1)   The first floors of all buildings shall be designed to encourage and complement pedestrian-scale activity. It is intended that this be accomplished principally by the use of windows and doors arranged so that active uses within the building are visible from or accessible to the street, and parking areas are visible to occupants of the building.
         A.   Visual interest requirements shall not apply to sides which abut an alley or side yards between buildings.
         B.   Windows for building sides shall be concentrated toward the front edge of the building, in locations most visible from an urban open space or public right-of-way.
      (2)   Outdoor Dining/Seating. Outdoor dining/seating located between the building and the primary street or parking zone. Such spaces must be permanently created by a wall, other permanent decorative improvement defining the outdoor dining area. The Building Director may waive this requirement dependent upon location and safety issues.
   (e)   Permanent Art. Non-commercial art, sculptures, or graphic design of sufficient scale and orientation and rendered in materials or media appropriate to an exterior, urban environment and permanently integrated into the building wall may be approved by the Building Director.
   (f)   Pedestrian Access/Entrance.
      (1)   The primary entrance for a non-residential and/or mixed-use building shall be clearly identifiable and useable and located facing the right-of-way.
      (2)   A pedestrian connection shall provide a clear, obvious, publicly-accessible connection between the primary street upon which the building fronts and the building. The pedestrian connection shall comply with the following:
         A.   Fully paved and maintained surface not less than five (5) feet in width.
         B.   Unit pavers or concrete distinct from the surrounding parking and drive lane surface.
         C.   Located either within a raised median or between wheel stops to protect pedestrians from vehicle overhangs where parking is adjacent.
      (3)   Additional Entrances. If a parking area is located in the rear or side yard, it may also have a direct pedestrian entrance to the building that is of a level of materials, quality and design emphasis at least equal to that of the primary entrance.
(Ord. 19-1009. Passed 12-18-2019.)

1281.06 BULK REGULATIONS.

   TABLE 2
Height
Minimum
1 Story/12 Feet
Maximum
N/A
Ground Floor Maximum
N/A
Placement
Front
Maximum Setback
25 Feet*
Minimum Setback
N/A
Side
Minimum Setback
N/A
Rear
Minimum Setback
N/A
Lot
Required Open Space
N/A
Lot Coverage by all Buildings
N/A
Access and Circulation
Driveways may access the site from any side, pedestrian pathways must be provided from the right-of-way.
Parking Location
Parking shall be primarily located in a side or rear yard.
* The Planning Commission may adjust the required building line for projects incorporating a permanent space for an outdoor cafe, public space, or a cross-access drive with an adjacent parcel. Outdoor cafes or public spaces must be developed as part of the primary building and must incorporate a permanent wall or landscaping area along the required building line.
 
(Ord. 19-1009. Passed 12-18-2019.)