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Sterling Heights City Zoning Code

ARTICLE 14

C-4 MULTI USE DISTRICT

SECTION 14.00. INTENT.

   The C-4 Multi Use District is established to encourage a diversity of compatible land uses, which may include a mixture of residential, office, retail, recreational, office research and other miscellaneous uses within an aesthetically attractive environment conducive to the development and protection against nuisance type uses and combinations.
   Development shall be guided by an approved project development plan that conforms with public places and policies and is implemented through the use of the special approval land use and site plan review processes. The project development is intended to accomplish the following:
   A.   Help create major new multi use developments in planned locations with appropriate densities, heights and mixtures of uses;
   B.   Encourage areas devoted primarily to pedestrians by separating pedestrian from vehicular circulation patterns and by requiring off-street parking spaces in accordance with this objective and with the objectives of an approved project development plan;
   C.   Encourage originality, flexibility and innovation in site planning and development, including architecture, landscaping and graphic design, in a manner compatible and harmonious with adjoining development and within the district as a whole;
   D.   Make recreation areas more accessible to the district’s residents, visitors and nearby residential and commercial areas;
   E.   Create environments conducive to a higher quality of life and surroundings for residents, businesses, employees and institutions, as specified in the City of Sterling Heights plans and policies. It is further the intent that multi use be applied only to those areas where a mixture of uses and building intensities is designed and arranged to carry out elements of the city’s Master Land Use Plan, in pursuit of the goals for land use, population, transportation, housing, public facilities and environmental quality. In these designated areas, the mixture of uses and building intensities shall be intended to promote and protect the public health, safety, convenience, order, prosperity and general welfare of the city.
   The multi use area and any other affected area shall be provided with adequate public facilities, services and transportation networks to support the proposed uses; or such facilities, services and transportation networks should be planned to be provided concurrently with the development of the project.
   Uses which are not compatible with the overall intent of this district and which may include activities that would serve to detract from the design and function of this district are prohibited.
(Ord. No. 278-EE, § 7, 10-5-04)

SECTION 14.01. PERMITTED USES.

   The following uses shall be permitted, provided that all business, servicing or processing (except for off street parking or loading) shall be conducted entirely within a completely enclosed building:
   A.   Retail sales or services as specified in section 12.01;
   B.   Office;
   C.   Hotel or inn;
   D.   Private club, restaurant or fast-food restaurant;
   E.   Theaters, auditoriums, concert halls and similar places of assembly, when conducted within a completely enclosed building;
   F.   Business and technical schools;
   G.   Health and athletic clubs;
   H.   Artist’s studios and galleries;
   I.   Community center;
   J.   Indoor recreation;
   K.   Library or museum;
   L.   Multiple family residential;
   M.   Common open space, including pedestrian plazas and courts;
   N.   Similar uses as determined by the Zoning Official;
   O.   Automobile service centers, when designed and developed as part of a larger planned shopping center, subject to the following conditions:
      1.   No freestanding buildings shall be permitted;
      2.   All repair activities shall be conducted within the building;
      3.   Overhead service doors servicing the facility shall be positioned so as to minimize negative impacts on abutting properties;
      4.   No outdoor storage is permitted;
      5.   An adequate means of waste disposal shall be provided;
      6.   Adequate measure shall be taken to ensure that any noise, dust, smoke, odor, fumes or other negative environmental impacts are confined to the site.
   Outdoor storage and display of merchandise or equipment is prohibited.
(Ord. No. 278-T, §§ 6, 7, 6-3-97)

SECTION 14.02. SPECIAL APPROVAL LAND USES.

   The following buildings, structures and other uses similar to those cited in this article may be permitted by the Planning Commission, subject to the general standards of section 25.02 and the specific standards imposed for each use:
   A.   Office research as regulated in Article 17;
   B.   Banquet and event facilities, subject to the following:
      1.   The use shall be located in a freestanding building.
      2.   The site shall be located upon a major thoroughfare having an existing or proposed right-of-way of at least 86 feet, as indicated on the Master Road Plan.
      3.   Any open air area where patrons of the banquet facility may congregate shall not face any property used for or zoned for residential use.
      4.   The banquet and event facility shall be operated in compliance with all applicable provisions of the City Code.
   C.   Essential services needed to serve the immediate vicinity, provided that appropriate screening, as determined by the Planning Commission, shall be required when abutting single family dwellings;
   D.   Public utilities, as regulated by section 3.02(I). Wireless communication towers, antennas and related facilities shall be further subject to the provisions of section 28.18.
(Ord. No. 278-Y, § 21, 5-16-00; Ord. No. 278-BBB, § 6, 7-18-17)

SECTION 14.03. ACCESSORY USES PERMITTED.

   Accessory buildings and uses customarily incidental to the principal permitted uses, or the entire project, enumerated in sections 14.01 and 14.02 are permitted. Included are the following:
   A.   Indoor and outdoor recreational facilities, such as swimming pools, saunas, game and craft rooms, tennis courts and exercise studios, which are provided in association with a permitted use;
   B.   Amusement devices shall be permitted if accessory to retail business, personal service shops, restaurants or in various permitted indoor commercial recreation facilities as regulated in section 28.01;
   C.   Daycare facilities;
   D.   Parking and loading or unloading facilities and areas provided in conjunction with a permitted use;
   E.   Radio, telephone and television towers, antennas and similar structures.
   F.   Accessory banquet or event uses, provided that such uses are conducted in accordance with all applicable provisions of the City Code, and provided further that the City Planner may require the installation of additional landscaping, screening, or other devices or materials designed to contain noise, light, and or other impacts that are anticipated to extend beyond the property line of the site and/or to provide separation from abutting parking and maneuvering areas.
(Ord. No. 278-BBB, § 7, 7-18-17)

SECTION 14.04. AREA, HEIGHT AND BULK REQUIREMENTS.

   A.   The minimum size of each project development area:
      1.   Area: 40 acres.
      2.   Width-to-depth ratio: 1 to 4 maximum.
   Nothing contained in this section shall be construed to prevent the owner of land from dividing any project development plan into two or more lots. The project development plan shall include provisions for the development of any adjoining out-parcels as an integral part of the overall development concept. The development of any out-parcels shall conform to the development as reflected in the project development plan.
   B.   Minimum individual lot or parcel requirements:
      1.   Building coverage is limited to 30% of the gross lot area.
   C.   Minimum yard setback per lot:
      1.   Building setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city’s Master Road Plan as specified in the following schedule, plus the height of the building which exceeds 30 feet:
         Distance from the centerline:
         a.   Regional (204' R.O.W.): 177 feet.
         b.   Regional (150' R.O.W.): 150 feet.
         c.   Major: 135 feet.
         d.   Secondary: 118 feet.
         e.   Collector: 110 feet.
         f.   Local: 105 feet.
         g.   Cul-de-sac: 135 foot radius.
         h.   Freeway: 75 feet.*
         i.   Private roads: 75 feet.**
   *   Freeways shall be measured from the established right-of-way line.
   **   In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
   If the existing right-of-way is greater than shown on the Master Road Plan, the front yard setback (or street-side setback) as measured from the centerline of the right-of-way shall be equal to one-half of the actual right-of-way of the street, plus 75 feet for all classes of roads.
   D.   Side: 20 feet, plus the height of each level of the building which exceeds 30 feet in height measured from the nearest point of each level to the property line. Side yards abutting any residential district shall provide a setback of 50 feet, plus the height of the building which exceeds 30 feet in height measured from the nearest point of each level to the property line.
   E.   Rear: 30 feet, plus the height of each level of the building which exceeds 30 feet in height measured from the nearest point of each level to the property line. Rear yards abutting any residential district shall provide a setback of 50 feet, plus the height of the building which exceeds 30 feet in height measured from the nearest point of each level to the property line.
   F.   Distance between buildings: the minimum distance between any two buildings shall be regulated according to the length and height of such buildings, and in no instance shall this distance be less than 30 feet. The formula regulating the required minimum distance between two buildings is as follows:
S equals LA plus LB plus 2 (HA plus HB), divided by 6
or
S=LA+LB+2(HA+HB)
6
where:
   S   equals required minimum horizontal distance between any wall of building "A" and any wall of building “B” or the vertical prolongation of either.
   LA   equals total length of building "A." The total length of building "A" is the length of that portion or portions of a wall or walls of building "A" from which, when viewed directly from above, lines drawn perpendicular to building “A” will intersect any wall of building “B.”
   LB   equals total length of building "B." The total length of building "B" is the length of that portion or portions of a wall or walls of building "B" from which, when viewed directly from the above, lines drawn perpendicular to building "B" will intersect any wall of building "A."
   HA   equals height of building "A." The height of building "A" at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building "A." Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
   HB   equals height of building "B." The height of building "B" at any given level is the height above natural grade level of any portion or portions of a wall or walls along the length of building "B." Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.
(Ord. No. 278-A, § 29, 4-17-90; Ord. No. 278-T, § 8, 6-3-97)

SECTION 14.05. PARKING REQUIREMENTS.

   Parking requirements shall be governed by Article 23 of this ordinance, unless as otherwise specified, and shall be permitted to occupy a portion of the required front yard, provided that there shall remain a minimum landscaped setback measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city’s Master Road Plan, as follows:
   Distance from centerline:
   a.   Regional (204' R.O.W.): 137 feet.
   b.   Regional (150' R.O.W.): 110 feet.
   c.   Major: 95 feet.
   d.   Secondary: 78 feet.
   e.   Collector: 70 feet.
   f.   Local: 65 feet.
   g.   Cul-de-sac: 95 foot radius.
   h.   Freeway: 35 feet.*
   i.   Private roads: 35 feet.**
   *   Freeways shall be measured from the established right-of-way line.
   **   In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
   In the instance of high-rise office development and selected ancillary commercial enterprises which will serve the daily needs of the office workers, there may be less parking demand than if each use were estimated separately and the parking requirements would be those established for the particular use. These standards are included in section 23.01E. and F.
   If the existing right-of-way is greater than that shown on the Master Road Plan, the front yard setback (or street-side setback) as measured from the centerline of the right-of-way shall be equal to one-half of the actual right-of-way of the street, plus 35 feet for all classes of roads.
(Ord. No. 278-A, § 30, 4-17-90)

SECTION 14.06. STRUCTURE AND SITE REQUIREMENTS.

   A.   Access to each outlot must be from an internal street and not from abutting major thoroughfare.
   B.   The internal circulation system shall include pedestrian walkways which provide continuous circulation from the boundary streets to each lot or parcel within the development, common open space area and all other important interior site destinations.
   C.   There shall be set aside for common open space not less than one acre of land for every ten acres of land, or fraction thereof, in the project development area. Such computation shall exclude the right-of-way area devoted to the internal street system.
   The location of common open space shall be consistent with the declared purpose of the common usable open space and, where possible, the common open space shall be planned as a contiguous area, located on the site in accordance with the approved project development plan for the maximum benefit of the area. Protected environmentally sensitive areas, such as woodlands, wetlands and drainage areas and the island portion of landscaped boulevards, may be included in the calculation of required common open space.
   Open spaces for public congregation (plazas) are required and must be equipped or designed to allow pedestrian seating and to be easily observed and accessible from the pedestrian system.
   D.   As a minimum, there shall be one square foot of open space for every 100 square feet of gross building floor area. Step space shall not be counted as meeting this requirement. Such plaza area must be located behind the required setback and easily accessible to, and visible from, the street, but in no instance more than three feet above or below the level of the adjoining grade.
   Within the plaza area, one tree must be planted for each 500 square feet of plaza area, or portion thereof, up to 2,000 square feet of plaza area. One additional tree is required for each additional 1,000 square feet of plaza space. At least 20% of this requirement shall be of the ornamental variety. Urban design features are encouraged as part of pedestrian plazas. The following amenities, such as but not limited to ornamental fountains, stairways, waterfalls, sculptures, arbors, trellises, planted beds, drinking fountains, clock pedestals, public telephones, awnings, unlit canopies and similar structures are permitted.
   E.   The buildings shall be constructed of aesthetically pleasing brick and/or stone building materials or other similar durable building materials as may be approved by the Planning Department, subject to any additional requirements set forth in section 26.01, paragraph H. Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design, relationship to surroundings, sensitive integration of form, textures and colors with the particular landscape and setting.
   F.   Portions of the site not used for parking, driveway and buildings or plazas shall be provided with landscaping approved by the Planning Department in accordance with section 24.02.
   G.   The need for, and type of, screening required between development features in the C-4 district and abutting zoning districts shall be determined by the Planning Commission in consideration of the project development plan.
   H.   In addition to the requirements specified above, the following additional standards shall apply to the C-4 District.
      1.   Perimeter street setbacks. A minimum landscaped buffer shall be provided between any perimeter roads and any building or parking area. Said setback shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city’s Master Road Plan as follows:
      Distance from centerline:
         a.   Regional (204' R.O.W.): 137 feet.
         b.   Regional (150' R.O.W.): 110 feet.
         c.   Major: 95 feet.
         d.   Secondary: 78 feet.
         e.   Collector: 70 feet.
         f.   Local: 65 feet.
         g.   Cul-de-sac: 95 foot radius.
         h.   Freeway: 35 feet.*
         i.   Private roads: 35 feet.**
   *   Freeways shall be measured from the established right-of-way line.
   **   In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.
   This setback shall be landscaped to include street trees that are the same or similar species as those on the perimeter of other developments within the district.
   If the existing right-of-way is greater than that shown on the Master Road Plan, the front yard setback (or street-side setback) as measured from the centerline of the right-of-way shall be equal to one-half of the actual right-of-way of the street plus 35 feet for all classes of roads.
      2.   Screening of parking, loading and truck maneuvering areas. A landscaped berm (maximum slope of 1:3) poured decorative concrete wall or massed plantings of sufficient height shall be provided to screen the view of loading and truck maneuvering activity and buffer parking areas from adjoining public access roads or properties.
   I.   All required landscape areas shall be continuously maintained in a livable condition. All landscaping shall have an irrigation (water sprinkler) system installed to assist in maintaining plant materials in a healthy condition. The Planning Department may waive the irrigation requirements for those portions of the site characterized by natural vegetation.
   J.   All site lighting shall conform to the requirements of section 24.06.
   K.   Signs shall be governed by section 28.13 of this ordinance, unless as otherwise approved as part of the project development plan.
   L.   No other storage of materials or equipment shall be allowed, except for collection facilities for solid waste and rubbish. All such trash receptacles shall be located and screened in compliance with the requirements of section 24.05.
(Ord. No. 278-A, § 31, 4-17-90: Ord. No. 278-T, § 9, 6-3-97; Ord. No. 278-OO, § 7, 8-5-09)

SECTION 14.07. PROCESSING REQUIREMENTS.

   The process for obtaining review and approval of a multi use development project is as follows.
   A.   Review conference. Prior to committing to any project development plan or site design, the developer and its professional consultants shall meet with the Planning Department and other appropriate city departments to review the proposal. The applicant is expected to outline to the city the project in terms of land use, anticipated building arrangement and site design and proposed construction timetable. The Planning Department will review the information and issue a preliminary review and report to the Planning Commission for its consideration. The preliminary review and report shall consider the following:
      1.   Whether the proposal has the following characteristics and furthers the objectives of the multi use district:
         a.   Has three or more significant revenue-producing uses (such as retail, office, residential, hotel/motel, entertainment/cultural/recreation) that are well-planned and mutually supporting;
         b.   Contains significant physical and functional integration of project components (and thus a relatively intense use of land), including uninterrupted pedestrian connections;
         c.   Will be developed to produce a coherent project development plan which identifies the type and scale of uses, permitted densities and related items;
         d.   Possesses a catalytic use or arrangement that will drive the synergistic relationship of the multi use mix;
      2.   The relationship of the proposal to the purposes listed in the intent of the district and other planning considerations for the area and the City of Sterling Heights as a whole, including specific plans, programs and policies of the city’s departments and agencies;
      3.   Adequacy of public and private services/infrastructure;
      4.   The impact of the proposal on neighboring properties;
      5.   The proposal’s relationship of different uses on the site.
   B.   Project development plan review. A project development plan for the total acreage embraced by the proposal shall be submitted to the City Planning Commission for its review and approval before any site plan may be submitted within the multi use district or any development may be undertaken. This review shall occur in the following sequence:
      1.   An application shall be submitted by the applicant and be accompanied by statements, plans, evidence, material and documentation necessary to enable the Planning Commission to make the findings required by this article. The required documentation shall consist of any or all of the following:
         a.   A project development plan drawn to appropriate scale showing the arrangement of the proposed development on the site, including building locations, driveways, walkways, parking areas, natural areas (streams, drains, woodlands) and open areas, among other features;
         b.   A narrative which provides the evidence that the project satisfies the requirements of this ordinance and describes existing site characteristics, the proposed character of the development and a discussion of the means of serving the development;
         c.   Statement of covenants, grants of easements and other restrictions to be imposed upon the uses of land and structures;
         d.   A legal description of the property;
         e.   A schedule indicating the proposed timing of the development, including phasing and parcelization, if appropriate;
         f.   Any other data, plans or drawings considered by the Planning Commission to be necessary for the consideration of the proposal.
         All materials required to be submitted as part of the application shall be submitted in the required number of copies for distribution to the Planning Commission and appropriate reviewing agencies.
      2.   The Planning Commission shall review the application materials and reviewing agencies’ comments. In the process of review, the Planning Commission shall consider:
         a.   Specific development requirements set forth in this ordinance;
         b.   The location and design of service roads or drives and driveways, providing vehicular ingress to and egress from each building site, in relation to streets giving access to the site and in relation to pedestrian traffic;
         c.   The traffic circulation features within the site and location of automobile parking areas and may make such requirements with respect to any matters as will assure:
            (1)   Safety and convenience of both vehicular and pedestrian traffic, both within the site and in relation to access;
            (2)   Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent parcels and districts;
            (3)   Accessibility afforded to emergency vehicles;
         d.   The arrangement of use areas on the site in relation to functional, efficient and compatible arrangements within the site and also to adjacent uses;
            (1)   The treatment of public space;
            (2)   The availability of sewer and water capacity and the capacity of other utilities;
            (3)   The impact on air quality;
            (4)   The potential noise from commercial and traffic sources;
         e.   The proposal’s conformity with and compatibility to the character of the surrounding property and that it will not substantially interfere with the safety, light, air and convenience of the surrounding private and public property;
         f.   Any other matters that are within the agencies’ or the commission’s jurisdiction.
   C.   Project development action.
      1.   Upon review of the project development plan, the Planning Commission shall approve, approve with conditions or deny. If the facts regarding the proposal being reviewed do not establish, by a preponderance of the evidence, that the standards and requirements set forth in this ordinance will be met by the proposal, the Planning Commission shall deny incorporating into a statement containing the conclusions relative to the request under consideration the specific reasons for the decision.
      2.   Upon approval of the project development plan, the development shall be pursued to be built substantially in accordance with the approved project development plan as reflected in subsequent individual site plans submitted for each parcel or lot of the project. Subsequent amendments to an approved project development plan shall not require Planning Commission approval, unless said amendments significantly impact factors considered by the Planning Commission in approving said plan. Such factors may include changes to the circulation system, densities and building arrangements. If the Planning Department deems that there is a substantial change or deviation from that shown on the approved project development plan, the owner/applicant or his or her successors shall be required to return to the city for approval of an amended plan, following the procedure outlined for original approval in this section.
      3.   Development of the site shall begin within five years following the approval of the project development plan and pursued diligently to completion. If development of the site has lapsed for a period exceeding two years, the owner/applicant, or his or her successors, shall be required to return to the city for reconsideration of the plan following the procedure outlined for original approval in this section.