Sturgis City Zoning Code

ARTICLE IV

DESCRIPTION OF DISTRICTS

1.0401.- R-1 rural residential.

(A)

Intent. The R-1 rural residential district is composed of certain land in outlying areas presently of rural character. The land within this district is used primarily for agricultural purposes. The regulations of this district are designed to stabilize and protect the essential characteristics of the district without unduly restricting its use solely to that of an agricultural nature. To these ends, development is limited to low density uses which are not detrimental to future development.

(B)

Permitted uses. The following uses are permitted in the R-1 district:

(1)

One-family detached dwellings.

(2)

Farming or horticulture.

(3)

Greenhouses.

(4)

Farm employee accessory dwellings.

(5)

Institutional or public uses.

(6)

Essential services.

(7)

Country clubs, golf courses, and similar uses.

(8)

Child care facilities limited to foster family homes, foster family group homes, family day care homes and group day care homes.

State Law reference— Mandatory permitted use, MCL 125.583b.

(9)

Home occupations subject to the following:

Home occupations that create the following conditions shall not be permitted:

Changes the outside appearance of the dwelling or is visible from the street;

Generates traffic, parking, sewerage, or water use in excess of what is normal in the residential neighborhood;

Creates noise, vibration, glare, fumes, odors or results in electrical interference, or becomes a nuisance;

Results in outside storage or display of anything other than a sign in accordance with Section 1.1002;

Requires the employment of more than one person in the home other than the dwelling occupants;

Requires exterior building alterations to accommodate the occupation;

Occupies more than 25 percent of the floor area of the dwelling, or 50 percent of a detached garage;

Requires parking for customers that cannot be accommodated on the site. Required parking may include not exceeding one parking space at curbside on the street; [and]

Requires the delivery of goods or the visit of customers before 6:00 a.m. and after 8:00 p.m.

The following are permitted home occupations provided they do not violate any of the provisions of the previous paragraph [subsections (B)(9)a.1. through (B)(9)a.9. of this section]:

Dressmaking, sewing and tailoring;

Painting, sculpturing or writing;

Telephone answering;

Home crafts, such as model making, rug weaving and lapidary work;

Tutoring limited to four students at a time;

Computer application including software and not including sale of computers;

Salespersons office or home office of a professional person;

Laundering and ironing;

Repair of clocks, instruments or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odors or results in electrical interference;

10.

Barbershops and beauty parlors, limited to one operator;

11.

Dance studios, limited to four students;

The following are prohibited as home occupations:

Private clubs;

Repair shops which may create a nuisance due to noise, vibration, glare, fumes, odors or electrical interference;

Restaurants;

Boarding, stables, kennels;

Tourist homes;

Motor vehicle repair or paint shops;

Retail sales that require visits of customers to the home.

Any proposed home occupation that is neither specifically permitted by subsection (b) [(B)(9)a.] of this section nor specifically prohibited by subsection (c) [(B)(9)c.] of this section shall be considered a special use and be granted or denied upon consideration of those standards contained in section[s] 1.0602 and 1.0603(A) of this [zoning] ordinance.

State Law reference— Mandatory home occupations, MCL 125.583c.

(10)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(C)

Special land uses. The following special land uses are permitted in the R-1 district, under the conditions of article VI [of this zoning ordinance].

(1)

Farm animal or fowl husbandry.

(2)

Riding stables.

(3)

Animal hospitals.

(4)

Functional equivalent family.

(5)

Reasonable accommodation use.

(6)

Child care center or day care center in accord with section 1.0602 and section 1.0603(M).

(7)

Mineral extraction operations.

(D)

Required conditions. The following conditions shall be required in all R-1 districts:

(1)

Site plan review. Site plan review and approval must be obtained for all new construction, other than farm buildings and single-family dwellings.

(2)

Dwelling unit review. All dwelling units shall be reviewed by the building official subject to the following conditions:

Dwelling units shall conform to all applicable city codes and ordinances. Any such local requirements are not intended to abridge applicable state or federal requirements with respect to the construction of the dwelling.

Dwelling units shall be permanently attached to a perimeter foundation. In instances where the applicant elects to set the dwelling on piers or other acceptable foundations which are not at the perimeter of the dwelling, then a perimeter wall shall also be constructed. Any such perimeter wall shall be constructed of durable materials and shall also meet all local requirements with respect to materials, construction and necessary foundations below the frost line. Any such wall shall also provide an appearance which is compatible with the dwelling and other homes in the area.

Dwelling units shall be provided with exterior finish materials similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

Dwelling units shall be provided with roof designs and roofing material similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood.

Dwelling units shall be provided with an exterior building wall configuration which represents an average width to depth or depth to width ratio which does not exceed 3:1, or is in reasonable conformity with the configuration of dwelling units on adjacent properties or in the surrounding residential neighborhood.

The dwelling shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less.

Any such home shall be anchored by an anchoring system approved by the city.

The building official may request a review by the planning board of any dwelling unit with respect to this section. The building official or planning board shall not seek to discourage architectural variation, but seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the city at large. In reviewing any such proposed dwelling unit, the building official may require the applicant to furnish such plans, elevations and similar documentation as he deems necessary to permit a complete review and evaluation of the proposal. When comparing the proposed dwelling unit to similar types of dwelling unit, consideration shall be given to comparable types of homes within 300 feet. If the area within 300 feet does not contain any such homes, then the nearest 25 dwellings shall be considered.

(3)

Area and bulk requirements. See article V, schedule of regulations, [of this zoning ordinance] limiting the height and bulk of buildings, the minimum size of lot by permitted land use, the maximum density permitted, and providing minimum yard setbacks requirements.

(Ord. of 2-23-2005)

1.0402. - R-2 subdivision residential.

(A)

Intent. The R-2 Subdivision residential district is established to create and preserve single-family home neighborhoods free from other uses except those which are both compatible with and convenient to the residents of this district. These districts will be developed as lower-density single-family neighborhoods.

(B)

Permitted uses. The following uses are permitted in the R-2 district.

(1)

One-family detached dwellings.

(2)

Institutional or public uses.

(3)

Essential services.

(4)

Country clubs, golf courses, and similar uses.

(5)

Home occupations as provided for and controlled in section 1.0401(B)(9).

(6)

Child care facilities limited to foster family homes, foster family group homes, family day care homes and group day care homes.

State Law reference— Mandatory permitted use, MCL 125.583b.

(7)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(C)

Special land uses. The following special land uses are permitted in the R-2 district, under the conditions of article VI [of this zoning ordinance].

(1)

Farming or horticulture.

(2)

Functional equivalent family.

(3)

Reasonable accommodation use.

(4)

Nonresidential parking.

(5)

Child care center or day care center in accord with section 1.0602 and section 1.0603(M).

(D)

Required conditions. The following conditions are required in all R-2 districts.

(1)

Site plan review. Site plan review and approval must be obtained for all new construction other than single-family dwellings in accordance with the provisions of article XII [of this zoning ordinance].

(2)

[Dwelling unit review.] Dwelling unit review as provided for in section 1.0401(D)(2).

(3)

Area and bulk requirements. See article V, schedule of regulations, [of this zoning ordinance] limiting the height and bulk of building, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

1.0403. - R-3 residential.

(A)

Intent. The R-3 residential district is composed of low- and medium-density single-family residential areas where medium-density development has occurred and where additional development at these densities is proposed. The regulations for this district are designed to protect and stabilize the essential characteristics of these areas and to promote and encourage a suitable and safe environment for family life. (With the exception of sections 1.0501 and 1.0502 all provisions applicable to R-3 are applicable to R-3 A throughout this text.)

(B)

Permitted uses. The following uses are permitted in the R-3 district:

(1)

One-family detached dwellings.

(2)

Institutional or public uses.

(3)

Essential services.

(4)

Country clubs, golf courses, and similar uses.

(5)

Home occupations as provided for and controlled in section 1.0401(B)(9).

(6)

Child care facilities limited to foster family homes, foster family group homes, family day care homes and group day care homes.

State Law reference— Mandatory permitted use, MCL 125.583b.

(7)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(C)

Special land uses. The following special land uses are permitted in the R-3/R-3 A districts, under the conditions of article VI of the zoning ordinance:

(1)

Nonresidential parking.

(2)

Functional equivalent family.

(3)

Reasonable accommodations use.

(4)

Child care center or day care center in accord with section 1.0602 and section 1.0603(M).

(5)

Vacant commercial type buildings conditional use permit.

(6)

Two-family dwelling.

(D)

Required conditions. The following conditions are required in the R-3/R-3 A districts.

(1)

Site plan review. Site plan review and approval must be obtained for all new construction other than single-family dwellings, in accordance with the provisions of article XII [of this zoning ordinance]:

(2)

[Dwelling unit review.] Dwelling unit review as provided for in section 1.0401(D)(2).

(3)

(Ord. of 12-17-2003, § 1.0403; Ord. of 7-22-2015; Ord. of 7-24-2019 ; Ord. of 12-9-2020(3) )

1.0404. - R-4 apartment.

(A)

Intent. The R-4 Apartment district is composed of certain areas within the municipality where multifamily residential development at high densities has occurred and where additional development at these densities is proposed. To these ends development is restricted to residential use and uses which are compatible with this type of development.

(B)

Permitted uses. The following uses are permitted in the R-4 district:

(1)

One-family detached dwellings in compliance with article V, schedule of regulations, [of this zoning ordinance] for R-3 districts.

(2)

An apartment building of two to 12 dwelling units including two-family dwellings (duplexes).

(3)

Two attached apartment buildings divided by a fire wall.

(4)

Institutional or public uses.

(5)

Essential services.

(6)

Country clubs, golf courses, and similar uses.

(7)

Home occupations as provided and controlled in subsection 1.0401(B)(9).

(8)

Child care facilities limited to foster family homes, foster family group homes, family day care homes and group day care homes.

State Law reference— Mandatory permitted use, MCL 125.593b.

(9)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(C)

Special land uses. The following special land uses are permitted in the RA district, under the conditions of article VI [of this zoning ordinance].

(1)

High-density apartments.

(2)

Office buildings.

(3)

Rooming, boarding, and motel accommodations.

(4)

Mortuaries and professional offices.

(5)

Nonresidential parking.

(6)

Conversion of a dwelling for up to four dwelling units.

(7)

Bed and Breakfast operations.

(8)

Child care center or day care center in accord with section 1.0602 and section 1.0603(M).

(9)

Functional equivalent family.

(10)

Reasonable accommodation use.

(11)

Group dwellings.

(12)

Vacant commercial type buildings conditional use permit.

(D)

Required conditions. The following conditions are required in the R-4 district:

(1)

(2)

Floor area. For purposes of this section, the floor area of all dwellings or dwelling units in a building shall average not less than 600 square feet per dwelling unit, exclusive of the floor area for hallways, stairs, laundries, utilities, or other commercial uses.

(3)

[Dwelling unit review.] Dwelling unit review as provided for in section 1.0401(D)(2).

(4)

Site plan review. Site plan review and approval must be obtained for all new construction other than single-family dwelling, in accordance with the provisions of article XII [of this zoning ordinance].

( Ord. of 7-24-2019 )

1.0405. - R-5 residential.

(A)

Intent. The R-5 residential district is established to provide for medium density residential use including mobile home developments as mobile home parks and mobile home subdivisions designed for that purpose and including recreation facilities, churches, schools and necessary public utilities,

(B)

Permitted uses. The following uses are permitted in R-5 districts:

(1)

One-family detached dwellings.

(2)

Institutional or public uses.

(3)

Essential services.

(4)

Country clubs, golf courses, and similar uses.

(5)

Home occupations as provided for and controlled in section 1.0401(B)(9).

(6)

Child care facilities limited to foster family homes, foster family group homes, family day care home and group day care homes.

State Law reference— Mandatory permitted use, MCL 125.583b.

(7)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(C)

Special land uses. The following special land uses are permitted in the R-5 district, under the conditions of article VI [of this zoning ordinance].

(1)

Low-density apartments.

(2)

Two-family dwellings.

(3)

Mobile home parks.

(4)

Mobile home subdivisions.

(5)

Nonresidential parking.

(6)

Functional equivalent family.

(7)

Reasonable accommodation use.

(8)

Child care center or day care center in accord with section 1.0602 and section 1.0603(M).

(9)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(D)

Required conditions. The following conditions are required in the R-5 districts:

(1)

Site plan review. Site plan review and approval must be obtained for all new construction other than single family dwellings, in accordance with the provisions of article XII [of this zoning ordinance].

(2)

[Dwelling unit review.] Dwelling unit review as provided for in section 1.0401(D)(2).

(3)

Area and bulk requirements. See article V, schedule of regulations, [of the zoning ordinance] limiting the height and bulk of buildings, the minimum size of lot by permitted land use, the maximum density permitted, and providing minimum yard setbacks requirements.

1.0406. - B-OS business office service.

(A)

Intent. The B-OS business office service district is established to create and preserve areas for those commercial facilities which are especially useful in close proximity to residential areas as a land use buffer, while minimizing the undesirable impact of the uses on the neighborhoods which they service.

(B)

Permitted uses. The following uses are permitted in the B-OS district:

(1)

Animal hospitals.

(2)

Banks, credit unions, or/and similar uses.

(3)

Business schools.

(4)

Catering facility.

(5)

Clinic, dental or medical.

(6)

Convalescent homes.

(7)

Essential services.

(8)

Existing housing.

(9)

Funeral homes and mortuary establishments.

(10)

Home occupations as provided and controlled in section 1.0401(b)(9).

(11)

Institutional or public services.

(12)

Laundry and dry cleaning.

(13)

Office building(s).

(14)

Off-street parking lots.

(15)

Personal services.

(16)

Printing or publishing.

(17)

Private schools.

(18)

Professional service offices.

(19)

Recreational facilities.

(20)

Studio.

(21)

Trade schools.

(22)

Transportation services.

(23)

Accessory structures and used customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with permitted use.

(C)

Special land uses. The following special land uses are permitted in the B-OS district, under the conditions of article VI [of this zoning ordinance].

(1)

Banquet hall.

(2)

Bed and breakfast operations.

(3)

Child care centers or day care center in accord with section 1.0602 and section 1.0603(M).

(4)

Functional equivalent family.

(5)

Industrial, Light (restricted to properties between Main Street and Hatch Street, and on S. Jefferson Street).

(6)

Ministorage.

(7)

Reasonable accommodation use.

(8)

Warehousing.

(D)

Required conditions. The following conditions are required in the B-OS district.

(1)

(2)

Drive-through operations. All permitted uses with a drive-through operation must meet the off-street parking and stacking standards for a drive-through as stated under [section] 1.0902.

(3)

Exterior lighting. All exterior lighting shall be directed along exterior building walls and away from residential property.

(4)

Performance standards.

Fire and explosion hazards. All activities shall be carried on only in buildings conforming to the city building code. The operation shall be carried on in a manner required by the city fire prevention code and with any precautions so as to produce no explosion hazard, as determined by the state department of labor, to a use on an adjacent property. Flammable liquids or explosive chemicals or materials, other than fuels used for heating, shall be stored in a separate building or tank, provided the building or tank is not closer than 80 feet to any building occupied by more than one human or closer than 40 feet to any property line.

Smoke, fumes, gasses, dust, odors. There shall be no emission of any smoke, atomic radiation, fumes, gas, dust, odors, or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by the use in a manner so to create a public nuisance, cause damage or inconvenience to other buildings or properties, or imperil the health of animals or humans.

Liquid or solid waste. All methods of sewage and industrial waste treatment and disposal shall meet all city, state, and federal requirements.

Vibration. There shall be no vibration which is discernable to the human sense of feeling beyond the immediate site on which the use is conducted.

Noise. The emission of measurable noises from the premises shall not exceed 70 decibels as measured at the property lines, between the hours of 7:00 a.m. to 7:00 p.m. The measurable noises shall not exceed 60 decibels as measured at the property lines between 7:00 p.m. and 7:00 a.m. Where normal street traffic noises exceed the established noise levels during such periods, the measurable noise emanating from the premises may equal, but not exceed traffic noises.

Glare. There shall be no direct or sky-reflected glare which would be damaging to the human eye at the property line of the lot occupied by the use. This regulation shall not apply to lights for site or street.

Appearance. No storage of waste from off-site outside a building, and no loose blowing papers shall be permitted at any time. A chain-link or decorative fence of sufficient density (1¼" x 1¼") to keep discarded debris within the confines of a site shall be provided for uses which are likely to have debris.

(5)

Screening of trash receptacles. All areas of trash storage, including dumpsters, shall be screened on all sides with a durable, opaque material, at a minimum height of one foot above the trash receptacle. The maximum height of the screening shall not exceed eight feet and shall not be located in front of the building or within the side yard setback.

(6)

Screening of residential uses. A solid fence of wood, vinyl, composite or metal screening six to eight feet in height, or a solid planting strip 15 feet in width and six feet in height at planting shall be placed when abutting a residential use to restrict view from the residential property.

(7)

Shipping and deliveries. All shipping and deliveries to and from the above shall occur between the hours of 7:00 a.m. and 7:00 p.m.

(8)

Site plan review. Site plan review and approval must be obtained for all new construction in accordance with the provisions of article XII [of this zoning ordinance].

(9)

Use parameters. All uses shall be conducted within the confines of a building.

(Ord. No. 9-12-2018(2); Ord. of 4-10-2019 ; Ord. of 3-25-2020(1) ; Ord. of 5-11-2022(1) )

Cross reference— Businesses, ch. 18.

1.0407. - B-C central business district.

(A)

Intent. The B-C central business district is established to create and preserve a central business district convenient and attractive for a wide range of retail uses and business, government and professional offices, and places of amusement in a setting conducive to and safe for pedestrian traffic.

(B)

Restricted zone. Properties on Chicago Road between Jefferson Street on the West and Monroe Street on the East are considered the restricted zone for the purposes of this section. Uses may be limited or amended in this area if specified below.

Permitted uses. The following uses are permitted in the B-C district.

(1)

The following uses are permitted in the Restricted Zone provided they are located either above the first floor, or below the first floor. They are permitted without restriction outside of the Restricted Zone.

(a)

Banks, credit unions, or similar uses.

(b)

Business schools.

(c)

Clinic, dental or medical.

(d)

Private schools.

(e)

Professional service offices.

(2)

Catering facility in combination with a full service eating and drinking establishment.

(3)

Essential services.

(4)

Existing housing.

(5)

Fast food restaurant.

(6)

Full service eating and drinking establishment.

(7)

Hotels and motels.

(8)

Institutional or public uses.

(9)

Laundry and dry cleaning.

(10)

Mixed-use development.

(11)

Personal services.

(12)

Printing or publishing.

(13)

Recreational facility.

(14)

Social clubs.

(15)

Stores for retail sales and retail services.

(16)

Studio.

(17)

Theaters.

(18)

Transportation services.

(19)

Uses similar to the above uses.

(20)

Accessory structures and used customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with permitted use.

(D)

Special land uses. The following special land uses are permitted in the B-C district under the conditions of article VI [of this zoning ordinance].

(1)

Apartments above stores.

(2)

Bed and breakfast operations. Allowed in the restricted zone provided it is located either above the first floor, or below the first floor. Allowed outside the restricted zone in accordance with article VI.

(3)

Child care centers and day care centers in accord with section 1.0602 and section 1.0603(M).

(4)

Condominiums.

(5)

Drive-through operations.

(6)

Mixed-use development—Greater than three stories.

(7)

Marquee signs.

(a)

Marquee signs are permitted only for use on theaters as defined in section 1.0202 of this ordinance.

(b)

All marquee signs must be submitted to the design review committee regardless of what zone they are to be installed.

(c)

Proper scale and architectural compatibility will be crucial elements when marquee signs are reviewed by the planning commission.

(d)

Marquee signs are allowed to be internally lighted.

(8)

Murals.

(9)

Off-street parking lots.

(10)

Outdoor sale areas.

(11)

Professional service offices and banks, credit unions or similar uses in the restricted zone.

(12)

Sidewalks cafes.

(13)

Tourist homes.

(E)

Required conditions. The following conditions are required in the B-C district.

(1)

(2)

Demolition of buildings. Before a demolition permit is issued for a building located in the B-C district, the building department shall refer the request to the downtown development authority which will review the request, hold a public-hearing, and make recommendations to the property owner for alternate potential uses of the property or to proceed with demolition. If the property owner does not withdraw the request for a demolition permit within 30 days after it is submitted, the building department shall proceed to analyze the request and issue appropriate permits based upon the building and zoning ordinance requirements.

(3)

[Design review.] Design review as provided for in article XIII [of this zoning ordinance].

(4)

Drive-through operations. All permitted uses with a drive-through operation must meet the off-street parking and stacking standards for a drive-through as stated under [section] 1.0902.

(5)

Dwellings floor area. For purposes of this section, the floor area of all dwellings or dwelling units in a building shall meet current Michigan Building Code and shall average not less than 450 square feet per dwelling unit, excluding all exterior living space and common areas including hallways, stairways, and shared areas.

(6)

Dwellings. Existing dwellings, transient rooming houses and apartments shall meet the provision of the R-4 apartment district and special land uses within the R-4 apartment district, as set out in section 1.0404

(7)

Screening dumpsters. All areas of trash storage and disposal including dumpsters must be screened as provided under section 1.1106.

(8)

Site plan review. Site plan review and approval must be obtained for all new construction in accordance with the provisions of article XII [of this zoning ordinance].

(Ord. of 12-17-2003, § 1.0407; Ord. of 5-22-2013; Ord. of 11-11-2015; Ord. No. 9-12-2018(2); Ord. of 4-10-2019 ; Ord. of 3-25-2020(1) ; Ord. of 7-14-2021(5) ; Ord. of 5-9-2022 )

Cross reference— Businesses, ch. 18.

1.0408. - B-H 1 business highway 1.

(A)

Intent. The B-H 1 business highway 1 uses are typically automobile-oriented and cater to patrons traveling through a particular location. Example uses include drive-through restaurants and banks, car washes, strip retail centers, gas stations, sit down restaurants, and similar uses.

(B)

Permitted uses. The following are permitted in the B-H 1 district:

(1)

Stores for retail sales and retail services.

(2)

Full service eating and drinking establishment.

(3)

Fast food restaurant.

(4)

Strip mall areas.

(5)

Hotels and motels.

(6)

Personal services.

(7)

Banks, credit unions, or similar uses.

(8)

Professional service offices.

(9)

Clinic, dental or medical.

(10)

Lumber and building supply yards.

(11)

Laundry and dry cleaning.

(12)

Recreational facilities.

(13)

Studio.

(14)

Banquet halls.

(15)

Greenhouse, retail.

(16)

Theaters.

(17)

Funeral homes and mortuary establishments.

(18)

Off-street parking lot(s).

(19)

Essential services.

(20)

Uses similar to the above uses.

(21)

Institutional or public uses.

(22)

Catering facility in combination with a full service eating and drinking establishment.

(23)

Accessory structures and used customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with permitted use.

(C)

Special land uses. The following special land uses are permitted in the B-H 1 district, under the conditions of article VI [of this zoning ordinance].

(1)

Automobile service stations.

(2)

Automobile repair shop(s), minor.

(3)

Automobile repair shop(s), major.

(4)

Vehicle sales area.

(5)

Automobile carwash.

(6)

Small engine repair.

(7)

Billboards.

(8)

Pet shop and sales.

(9)

Outdoor sales area.

(10)

Child care center and day care center in accord with sections 1.0602 and 1.0603(M).

(11)

Provisioning centers.

(12)

Marquee signs.

(13)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(14)

"Marihuana retailers" as defined in article IV section 38-93(b).

(D)

Required conditions. The following conditions are required in the B-H 1 district.

(1)

Use parameters. All permitted uses shall be conducted within the confines of a building or within an enclosure which screens any outdoor storage of materials from the view of adjoining streets or properties. A chain-link or decorative fence of sufficient density (one and one-quarter inches by one and one-quarter inches) to keep discarded debris within the confines of a site for uses which are likely to have debris shall be provided.

(2)

Drive-through operations. All permitted uses with a drive-through operation must meet the following conditions:

Required off-street parking for a drive-through as stated under [section] 1.0902.

Each stacking space shall be measured at not less than 20 feet in length and ten feet in width. In no instance, shall stacking spaces interfere with required parking or maneuvering lanes.

(3)

Dwellings. Existing dwellings, existing transient rooming houses, and existing apartments shall meet the provisions of the R-4 apartment district and special land uses within the R-4 apartment district, as set out in section 1.0404.

(4)

Screening of trash receptacles. All areas of trash storage including dumpsters shall be screened on all sides with a durable, opaque material, at a minimum height of one foot above the trash receptacle. The maximum height of the screening shall not exceed eight feet and shall not be located in the required front or side yard setback.

(5)

Site plan review. Site plan review and approval must be obtained for all new construction or in accordance with the provisions of article XII [of this zoning ordinance].

(6)

Compatibility with adjacent properties. The following conditions shall apply to permitted uses in the B-H 1 zone when those uses are adjacent to residential uses or residentially zoned property:

Rear and sideline setbacks from residential property shall be 45 feet.

Screening of residential uses to restrict view from residential property shall be provided by a privacy fence six to eight feet in height, or a solid planting strip 15 feet in width and six feet in height at planting.

All exterior doors on the sides of buildings adjacent to residential property shall be for emergency exit only.

All shipping and deliveries to and from the above shall occur between the hours of 7:00 a.m. and 9:00 p.m.

All exterior lighting shall be directed along exterior building walls and away from residential property.

All outside storage of vehicles shall be screened from any adjacent residential property, and occur only within lighted areas secured by fencing.

All of the requirements of section 1.0408(D)(3) must be met by the use.

The use must fit into the size, scale, height, texture, material and landscaping pattern of the existing neighborhood.

(Ord. of 5-22-2013; Ord. of 9-12-2018(2); Ord. of 9-26-2018(1); Ord. of 12-11-2019(2) ; Ord. of 3-25-2020(1) ; Ord. of 7-27-2022 )

Cross reference— Businesses, ch. 18.

1.0409. - B-H 2 business highway 2.

(A)

Intent. The B-H 2 business highway 2 uses typically have fewer customers visiting the site and generate fewer trips per day.

(B)

Permitted uses. The following uses are permitted in the B-H 2 district:

(1)

Stores for retail sales and retail services. 20,000 square feet or less.

(2)

Full service eating and drinking establishment.

(3)

Fast food restaurant.

(4)

Strip mall areas.

(5)

Hotels and motels.

(6)

Personal services.

(7)

Banks, credit unions, or similar uses.

(8)

Professional service offices.

(9)

Clinic, dental or medical.

(10)

Laundry and dry cleaning.

(11)

Recreational facilities.

(12)

Studio.

(13)

Banquet halls.

(14)

Greenhouse, retail.

(15)

Theaters.

(16)

Funeral homes and mortuary establishments.

(17)

Private schools.

(18)

Business schools.

(19)

Convalescent homes.

(20)

Printing or publishing.

(21)

Office building(s).

(22)

Off-street parking lot(s).

(23)

Home occupations as provided and controlled in section 1.0401(B)(9).

(24)

Essential services.

(25)

Uses similar to the above uses.

(26)

Existing housing.

(27)

Institutional or public uses.

(28)

Catering facility.

(29)

Accessory structures and used customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with permitted use.

(C)

Special land uses. The following special land uses are permitted in the B-H 1 district, under the conditions of article VI of this zoning ordinance.

(1)

Animal hospitals.

(2)

Automobile service stations.

(3)

Automobile repair shop(s), minor.

(4)

Automobile repair shop(s), major.

(5)

Vehicle sales area.

(6)

Automobile carwash.

(7)

Small engine repair.

(8)

Pet shop and sales.

(9)

Outdoor sales area.

(10)

Child care center and day care center in accord with sections 1.0602 and 1.0603(M).

(11)

Ministorage units.

(12)

Reserved.

(13)

Lumber and building supply yards.

(14)

Warehousing.

(15)

Bed and breakfast operations.

(16)

Tourist homes.

(17)

Boarding houses.

(18)

Transportation services.

(19)

Social clubs.

(20)

Marquee signs.

(21)

Apartments above stores mixed-use development.

(22)

Reasonable accommodation use.

(23)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(D)

Required conditions. The following conditions are required in the B-H 2 district.

(1)

Use parameters. All permitted uses shall be conducted within the confines of a building or within an enclosure which screens any outdoor storage of materials from the view of adjoining streets or properties. A chain-link or decorative fence of sufficient density (one one-quarter inches by one and one-quarter inches) to keep discarded debris within the confines of a site for uses which are likely to have debris shall be provided.

(2)

(3)

(4)

Site plan review. Site plan review and approval must be obtained for all new construction or in accordance with the provisions of article XII of this zoning ordinance.

(5)

Compatibility with adjacent properties. The following conditions shall apply to permitted uses in the B-H 2 zone when those uses are adjacent to residential uses or residentially zoned property:

Rear and sideline setbacks from residential property lines shall be 45 feet from any structure.

All exterior doors on the sides of buildings adjacent to residential property shall be for emergency exit only.

All shipping and deliveries to and from the above shall occur between the hours of 7:00 a.m. and 9:00 p.m.

All exterior lighting shall be directed along exterior building walls and away from residential property.

All outside storage of vehicles shall be screened from any adjacent residential property, and occur only within lighted areas secured by fencing.

All of the requirements of section 1.0409(D)(2) must be met by the use.

The use must fit into the size, scale, height, texture, material and landscaping pattern of the existing neighborhood.

Area and bulk requirements. See article V, schedule of regulations, of this zoning ordinance limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. of 5-22-2013; Ord. of 9-12-2018(2); Ord. of 11-14-2018(1); Ord. of 4-10-2019 ; Ord. of 3-25-2020(1) ; Ord. of 5-9-2022 ; Ord. of 7-27-2022 )

1.0409.1. - B-N business neighborhood.

(A)

Intent. The B-N business neighborhood district is higher-density and moderately walkable area composed of a mix of commercial and residential buildings, typically along major corridor roads in the city. While serving automobile traffic, it is less automobile-intensive than the business highway districts. This is due in part to smaller lot sizes on which to accommodate parking based on conversion over time from residential to commercial use. The district is generally adjacent to the central business district and thus represents a transition from the density and walkability of this area.

(B)

Permitted uses.

Banks, credit unions, or similar uses.

Business schools.

Catering facility in combination with a full service eating and drinking establishment.

Clinic, dental or medical.

Fast food restaurant.

Full service eating and drinking establishment.

Essential services.

Existing housing.

Home occupations as provided for and controlled in section 1.0401(B) (9).

10)

Institutional or public uses.

11)

Laundry and dry cleaning.

12)

Mixed-use development.

13)

Office buildings.

14)

Personal services.

15)

Printing or publishing.

16)

Private school.

17)

Professional service offices.

18)

Recreational facility.

19)

Social clubs.

20)

Stores for retail sales and retail services.

21)

Studio.

22)

Transportation services.

23)

Accessory structures and uses customarily incidental to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

24)

Uses similar to the above uses.

(C)

Special land uses. The following special land uses in the B-N district, under the conditions of article VI [of this zoning district].

Apartment building of two to 12 dwelling units including two-family dwellings (duplexes).

Automobile carwash.

Automobile repair shops, major.

Automobile repair shops, minor.

Automobile service station.

Bed and breakfast operations.

Child care center or day care center in accord with section 1.0602 and section 1.0603(M).

Condominiums.

Drive-through operations.

10)

Funeral homes and mortuary establishments.

11)

Hotels and motels.

12)

Marquee signs.

13)

Murals.

14)

Off-street parking lots.

15)

One-family detached dwellings.

16)

Outdoor sales areas.

17)

Sidewalk cafes.

18)

Theaters.

19)

Tourist homes.

20)

Vehicle sales area.

21)

Accessory structures and uses customarily incidental to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(D)

Required conditions. The following conditions are required in the B-N district.

Drive-through operations. All permitted uses with a drive-through operation must meet the off-street parking and stacking standards for a drive-through as stated under section 1.0902.

For residential uses, accessory structures shall follow 1.1105(A) and (B).

Apartments and mixed-use developments. Apartments and residential units of mixed-use developments shall meet the provisions 1.0502(e) and (f) for density and separation.

Floor area. For purposes of this section, the floor area of all dwellings or dwelling units in a building shall meet current Michigan Building Code and shall average not less than 450 square feet per dwelling unit, excluding all exterior living space and common areas including hallways, stairways, and shared areas.

Site plan review. Site plan review and approval must be obtained for all new construction in accordance with the provisions of article XII of this zoning ordinance.

Compatibility with adjacent properties. The following conditions shall apply to approved non-residential uses in the B-N district when those uses are adjacent to residential uses or residentially zoned property:

Rear and side setbacks from residential property lot lines shall be 45 feet. Where an existing non-residential use is located less than 45 feet from a residential property line, such structure shall be considered a Class A non-conforming structure as described in 1.0802—1.0804 of this zoning ordinance, and the principal building may be expanded or accessory buildings may be added under the following conditions:

The proposed expansion or addition receives required site plan approval pursuant to article XII of this ordinance.

ii.

The degree of nonconformity is not increased.

iii.

This Class A designation shall expire when the use changes. At that time, the new use would be required to request Class A non-conforming structure designation from the planning commission.

Screening of residential uses to restrict view from residential property shall be provided by a privacy fence six feet in height, or an obscuring planting strip 15 feet in width and six feet in height at planting. Planting strip must not exceed six feet in height. A request may be made to the planning commission to waive the screening requirement due to site constraints.

All exterior doors on the sides of buildings adjacent to residential property shall be for emergency exit only.

All shipping and deliveries to and from the establishment shall occur between the hours of 7:00 a.m. and 9:00 p.m.

All exterior lighting shall be directed along exterior building walls and away from residential property.

All outside storage of vehicles shall be screened from any adjacent residential property, and such storage shall occur only within areas secured by fencing.

(2)

(3)

Design standards. Requirements for approved design.

To the extent reasonably feasible, the building and site shall be consistent with the character with the character of the area (as defined in section 1.1301 this ordinance), including lot coverage, type and style of structure, traffic flow and pattern, and density/intensity of the use.

Architectural style is not restricted. Evaluation of appearance of a project shall be based on quality of its design and relationship to surroundings.

Materials shall:

Have good architectural character

ii.

Be of durable quality

iii.

Be selected for harmony of the building with adjoining buildings.

Inappropriate materials and methods, and those which will produce inconsistency with the structure of the building, shall be avoided.

Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationship to one another.

Colors shall be harmonious, and not used to draw attention, e.g., serving as a sign.

Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways.

Exterior lighting, including external and interior lighted signs, shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design.

Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view from public ways, using materials as stated in criteria for equipment screening.

If the building official cannot determine whether the project meets the standards, the building official shall refer the project to the design review committee for its determination and recommendation to the planning board.

( Ord. of 3-9-2022(1) ; Ord. of 8-10-2022(2) )

1.0410. - M manufacturing.

(A)

Intent. The M manufacturing district establishes and preserves areas for industrial and related uses of a nature so that they do not create serious problems of compatibility with other kinds of land uses. This district is intended to make provisions for certain kinds of business uses which are most appropriately located as neighbors of industrial uses or which are necessary to service the immediate needs of the people in these areas. The general goals of this district includes, among others, the following:

(1)

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

(2)

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

(3)

To promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and other objectionable influences; [and]

(4)

To protect the most desirable use of land in accordance with a well-considered plan. To protect the character and established pattern of adjacent development, and in each area to conserve the value of land and buildings and other structures, and to protect the municipality's tax revenue base.

(B)

Permitted uses. The following uses are permitted in the M district:

(1)

Industrial uses and manufacturing.

(2)

Equipment servicing.

(3)

Storage and warehousing.

(4)

Accessory retail sales connected with an industrial or manufacturing use.

(5)

Laboratories.

(6)

Institutional and public uses.

(7)

Essential services.

(8)

Ministorage.

(9)

Commercial kennels.

(10)

Greenhouses.

(11)

Trade or industrial schools.

(12)

Airports subject to all state and federal regulations and subject to all city codes and ordinances.

(13)

Farming.

(14)

Other uses of a similar and no more objectionable character to the above uses.

(15)

Catering facility.

(16)

Accessory structures and used customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with permitted use.

(C)

Special land uses. The following special land uses are permitted in the M district, under the conditions of article VI [of this zoning ordinance].

(1)

Billboards.

(2)

Minor and major automobile repair shops.

(3)

Salvage yard and resource recovery facilities.

(4)

Storage of waste hauling vehicles and operations.

(5)

Adult entertainment facilities.

(6)

Office buildings.

(7)

Child care centers and day care centers in accord with section[s] 1.0602 and 1.0603(M).

(8)

Social clubs.

(9)

Accessory structures and uses customarily incidental to any of the above permitted uses, provided such structures and uses are located on the same zoning lot with a permitted use.

(10)

Mineral extraction operations.

(11)

Medical marihuana manufacturing and distribution facilities for primary caregivers and qualifying patients.

(12)

Automobile carwash.

(13)

Commercial medical marihuana facilities as defined in article IV section 38-92.

(14)

Provisioning centers as defined in article IV section 38-92(b).

(15)

Large solar energy systems.

(16)

Indoor vehicle sales area.

(17)

"Marihuana establishments" as defined in article IV section 38-93(b).

(18)

Banquet hall.

(19)

Stores for retail and retail services.

(D)

Required conditions. The following conditions are required in the M district.

(1)

Enclosures. All operations shall be conducted wholly within the confines of a building, provided that necessary accessory outdoor processes or the outdoor storage of equipment, and material may utilize required side yard or rear yard space if screened from any public street or residential zone by either a six-foot uniformly painted or preserved fence or wall at least 50 percent solid, kept in good condition, or by planting of evergreen trees or hedges.

(2)

Performance standards. Before the issuance of any building or occupancy permit the applicant shall sign an agreement stating that the use of the property will meet the following performance standards and that any violation of these standards in subsequent operations will be corrected. The costs of inspection by experts to determine compliance shall be borne by the applicant.

(a)

Fire and explosion hazards. All activities shall be carried on only in buildings conforming to the city building code, except for outdoor processes or storage permitted under [subsection] (D)(1) [of this section] above. The operation shall be carried on in a manner required by the city fire prevention code and with any precautions so as to produce no explosion hazard, as determined by the state department of labor, to a use on an adjacent property. Flammable liquids or explosive chemicals or materials, other than fuels used for heating, shall be stored in a separate building or tank, provided the building or tank is not closer than 80 feet to any building occupied by more than one human or closer than 40 feet to any property line.

(b)

(c)

Liquid or solid waste. No industrial operations shall directly discharge industrial waste of any kind into any river, stream, reservoir, pond, or lake. All methods of sewage and industrial waste treatment and disposal shall be approved by the city and state health departments or department of natural resources.

(d)

Vibration. There shall be no vibration which is discernable to the human sense of feeling beyond the immediate site on which the use is conducted.

(e)

Noise. The emission of measurable noises from the premises shall not exceed 70 decibels as measured at the property lines, between the hours of 7:00 a.m. to 10:00 p.m. The measurable noises shall not exceed 60 decibels as measured at the property lines between 10:00 p.m. and 7:00 a.m. Where normal street traffic noises exceed the established noise levels during such periods, the measurable noise emanating from the premises may equal, but not exceed traffic noises.

(f)

(g)

Appearance. No storage of waste from off-site outside a building, and no loose blowing papers shall be permitted at any time. All noxious activities shall be screened by an eight-foot solid fence, or by berm with plantings.

(3)

Site plan review. Site plan review and approval must be obtained for all new construction in accordance with the provisions of article XII [of this zoning ordinance].

(4)

Area and bulk requirements. See article V, schedule of regulations, [of this zoning ordinance] limiting height and bulk of buildings, minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(Ord. of 2-23-2005; Ord. of 5-24-2010; Ord. of 5-22-2013; Ord. of 12-20-2017(1); Ord. of 2-28-2018(1); Ord. of 9-12-2018(2); Ord. of 11-14-2018(2); Ord. of 7-10-2019 ; Ord. of 8-14-2019(1) ; Ord. of 12-11-2019(2) ; Ord. of 3-25-2020(1) ; Ord. of 12-9-2020(1) ; Ord. of 7-27-2022 )

Cross reference— Businesses, ch. 18.

1.0411. - Parking district.

(A)

Intent. The vehicular parking districts are intended to permit the establishment of areas to be used solely for off-street parking of private passenger vehicles as a use incidental to a principal use. This district will generally be provided by petition or request to serve a use district which has developed without adequate off-street parking facilities.

(B)

Permitted uses. Premises in such districts shall be used only for an off-street vehicular parking area and shall be developed and maintained subject to such regulations as provided in this [zoning] ordinance.

(C)

Required conditions. [The] following are the required conditions for the P districts:

(1)

The parking area shall be accessory to, and for use in connection with one or more businesses, or industrial establishments, located in adjoining business or industrial districts, or in connection with one or more existing professional or institutional office buildings or institutions.

(2)

Parking area shall be used solely for parking of private passenger vehicles, for a period of less than one day, and shall not be used as an off-street loading area.

(3)

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

(4)

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

(5)

No building other than those for shelter of attendants shall be erected upon the premises, and they shall not exceed 15 feet in height.

(6)

P vehicular parking districts shall be developed and maintained in accordance with the requirements of section[s] 1.0904 and 1.0905.

(7)

Applications for P district rezoning shall be made by submitting a dimensional layout of the area requested, showing the intended parking plans in accordance with section 1.0905.

(D)

Minimum distances and setbacks. [The] following are the minimum distances and setbacks for P districts:

(1)

Side and rear yards. Where the P district is contiguous to the side or rear lot lines of premises within a residentially zoned district, a six-foot wall shall be located along the side and rear lot line.

(2)

Front yards. Where the P district is contiguous to a residentially zoned district which has a common frontage in the same block with residential structures or wherein no residential structures have been yet erected, there shall be a setback equal to the required residential setback for such residential district, or a minimum of 25 feet, or whichever is the greater. A required four-foot wall shall be located on this minimum setback line unless, under unusual circumstances, the planning board finds that no good purpose would be served. The land between the setback and street right-of-way line shall be kept free from refuse and debris and shall be planted with shrubs, trees or lawn and shall be maintained in a healthy, growing condition, neat and orderly in appearance.

(Ord. of 5-22-2013)

Cross reference— Stopping, standing and parking, § 58-131 et seq.

1.0412. - PDD planned development district.

(A)

Intent. Planned development districts are promoted as special land uses in the city as a way for the city to encourage high quality development with an emphasis on enhanced architectural and site design, landscaping, pedestrian, motorized and nonmotorized activities.

In creating a "win-win" situation, the developer may expect a cooperative working relationship with the city by receiving relief from typical zoning ordinance standards, such as setbacks and parking requirements. Planned development districts are not intended to be used for circumventing the more specific standards in the zoning ordinance. Rather, these provisions are intended to result in a higher level of development, which may not be feasible with traditional zoning regulations. If this improved level of development is not clearly apparent upon city review, a site shall not qualify for the modifications allowable under this article.

(1)

A planned development district (PDD) may be established as a zoning district when approved by the city commission and planning board in accordance with the procedures specified herein. It is the intent of this district to:

(a)

Provide for flexibility in the regulation of land development;

(b)

To encourage innovation in land use and variety in design, layout, and type of structures;

(c)

To achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; and

(d)

To encourage useful open space; and to create better living, working, and shopping environments.

(2)

In order to accomplish these objectives, this provision permits the relaxation of the conventional requirements found in the zoning districts. The use of land and the construction and use of buildings and other structures as planned development districts shall be in conformance with the procedures, standards, requirements, and conditions for eligibility contained in this article.

(B)

Eligibility criteria. Any development which fails to meet the following qualifying conditions, at a minimum, shall not be considered for a PDD:

(1)

The PDD site shall not be less than three acres of fully contiguous property not separated by a public road, railroad, or other such feature or barrier. The planning board may consider a PDD on lesser acreage if it is clear that the proposed PDD substantially promotes the intent of a PDD as stated above. In addition, the planning board may use the same intent section of the zoning ordinance when considering a PDD with property that may be separated by a public road, railroad, or other such feature or barrier (e.g. if the applicant owned property on the north and south sides of LaFayette Street, the applicant would need to prove why the separation would not restrict their ability to develop a cohesive PDD).

(2)

All PDDs shall be served by public water and sanitary sewer facilities.

(3)

The tract(s) of land for which a PDD application is received must be individually owned, jointly owned and jointly filed with all participating properties, or filed with legal option agreements relating to the property(ies) in question.

(4)

The PDD shall provide for integrated, safe and abundant pedestrian access and movement within the PDD and to adjacent properties.

(5)

The PDD shall provide for coordinated and innovative architectural styles, building forms and building relationships.

(6)

The PDD shall provide for enhanced landscaping within the development. Examples include efforts to preserve the natural landscape, tree lined streets, decorative landscaping around structures and focal landscape areas.

(7)

The proposed development shall not have an adverse impact on future development as proposed in the city's master plan for future land use.

(8)

Open space requirements:

(a)

The PDD development shall contain usable open space in an amount equal to at least 20 percent of the total PDD site. The planning board may consider a PDD with a lesser amount of open space if it is clear that the proposed PDD substantially promotes the intent of this article. It is noted that open space is a very important element of a PDD and reductions to the open space provision should be granted only as a result of specific reasons.

(b)

Useable open space shall not include required yards or buffers, parking areas, drives, rights-of-way, utility or road easements, stormwater detention ponds, and structures.

(c)

Such open space shall be permanently set aside for the benefit, use, and enjoyment of present and future occupants of the PDD through covenant, deed restriction, open space easement, or similar legal instrument acceptable to the city; or, if agreed to by the city commission, the open space may be conveyed to the city for the use of the general public.

(C)

Permitted uses. Any permitted or special land uses otherwise allowed in the underlying district(s) in which the PDD is to be located may be approved within a PDD. A mixed use PDD may be allowed in a residential district allowing for a minimal amount of commercial uses as determined by the planning board that relate to the project (e.g. 15 percent). At least 30 percent of the residential uses in the PDD would need to be provided prior to developing the commercial portion of a mixed use PDD. In a mixed use PDD, the applicant must demonstrate that the proposed use(s) would enhance the development and be compatible with surrounding and nearby uses.

(D)

PDD design standards.

(1)

General standards.

(a)

Signs, lighting, landscaping, building architecture and materials, and other features of the project, shall be designed to achieve an integrated and controlled development.

(2)

Dimensional requirements. To encourage flexibility and creativity consistent with the intent of the PDD, specific departures may be permitted from the requirements of the zoning ordinance as a part of the approval process. Any regulatory modification shall be approved through a finding that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards.

(3)

Parking.

(a)

To encourage a true integration of mixed uses and improved efficiency in land use, the overlap in parking requirements may be permitted between uses that have alternating peak-parking demands or where the mixture of uses on a site would result in multi-purpose trips. The planning board should use caution when considering parking requirements for certain commercial uses due to potential tenant changes that may require more parking than a previous tenant. The district regulations should be used as a guide. All parking requirements shall be written into the final site plan.

(b)

Parking lot landscaping. Site design and landscaping should diminish the prominence of parking lots as viewed from public streets.

(4)

Signs. Residential and commercial entrance signs may deviate from the district requirements and shall be approved as part of the final site plan.

(5)

Driveway access and circulation.

(a)

Large PDD developments shall have limited access to major arterial routes. Access drives shall have limited access onto major and arterial roads. Additional access drives onto a major or arterial road should only be considered if spaced at least 500 feet apart. The planning board may require the PDD applicant to provide a traffic impact study prior to any approvals, if deemed necessary.

(b)

Site design considerations should take into account vehicle stacking and queuing depths, traffic flows focused on main access points, peak hour volumes, internal site circulation, delivery routes, refuse pick-up/dumpster locations, etc.

(E)

Planned development district; approval process.

(1)

PDD zoning district.

(a)

A property meeting the eligibility criteria may be rezoned to a PDD district, based on the requirements of this section and appropriate requirements contained elsewhere in this ordinance. Unless initiated by the city, the rezoning shall be concurrent with the approval of a preliminary PDD site plan.

(b)

Rezonement requested to the recorded development agreement shall be submitted foings initiated by the city shall not be required to have an approved sketch plan or development agreement. No development shall take place within the PDD until a final site plan and development agreement has been submitted and approved in accordance with the provisions of this article.

(c)

Once rezoned, the PDD designation shall be noted on the official zoning map.

(2)

Pre-application process. To help facilitate a more streamlined process, PDD candidates are encouraged to take full advantage of pre-application meetings and workshops.

(a)

Pre-application staff meetings. An applicant is encouraged to schedule PDD concept meetings through the zoning administrator. In order to establish a more productive PDD concept meeting, the applicant may want to consider submitting concept plans in advance of the meeting. Regardless, city staff will diligently work to help facilitate an open collaborative process allowing the applicant to best understand city staff desires for the PDD, along with any utility and infrastructure opportunities or concerns. City planning board or commission members may be requested to assist in the process. These meetings do not infer approvals and no formal action is taken.

(b)

Pre-application planning board workshop. An optional pre-application workshop with the planning board may be requested by the applicant to discuss a PDD concept, solicit feedback and receive requests for additional materials supporting the proposal. No formal action is taken at a workshop.

(3)

PDD preliminary plan application. The applicant shall prepare and submit to the city a written request for PDD rezoning that shall include a PDD preliminary plan meeting the requirements of section 1.1203. The zoning administrator can determine the necessity of all the requirements in section 1.1203. A suitable number, as determined by the zoning administrator, of the preliminary plan shall be provided. The PDD application and preliminary plan shall be submitted in advance of any planning board meeting within the time established by the zoning administrator. The extensiveness of the project will determine the amount of time necessary, realizing that the preliminary plan will need to be reviewed by city staff. An applicant that utilized the pre-application process should have a clear indication of city staff thoughts, concerns, etc. by the time the application is submitted. Additional items to be included on the PDD preliminary plan include:

(a)

Phases of development, anticipated start and completion dates of construction and approximate time frame for each phase (if a phased project);

(b)

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PDD;

(c)

Location, type, and size of areas to be dedicated for common open space.

(4)

Planning board public hearing and recommendation. The planning board shall review the PDD rezoning request, the PDD preliminary plan, and conduct a public hearing. Following the public hearing, the planning board shall make a recommendation to the city commission based on the following standards:

(a)

The PDD complies with the intent of this article;

(b)

The PDD satisfies the eligibility criteria of this article;

(c)

The PDD complies with the requirements of this article, other applicable requirements of the zoning ordinance and applicable requirements of the subdivision or condominium requirements of the city.

(d)

The PDD conforms to the criteria for review of site plans, section 1.1206 of this ordinance or section 1.1300(E)(1-4), except as noted above in 1.0411(E)(3).

(e)

The PDD is designed and constructed in a manner harmonious with the character of adjacent property and the surrounding area.

(f)

The PDD is adequately served by essential public facilities and services, such as roads, pedestrian or bicycle facilities, police and fire protection, drainage systems, water supply and sewage facilities.

(g)

The proposed PDD does not have a significant adverse effect on the quality of the natural environment.

(5)

City commission; preliminary PDD decision. Following receipt of the planning board's recommendation and comments from the public hearing, the proposed PDD preliminary plan shall be considered by the city commission. The city commission, following the second reading, shall take one of the following actions on the request:

(a)

Table. If the application is determined to be insufficient, does not fully respond to planning board issues or more information is required, then the request may be tabled. The city commission shall direct the applicant to prepare additional information, revise the PDD plan or direct the city staff to conduct additional analysis.

(b)

Reconsideration. If the city commission believes there is new information which might modify the recommendation of the planning board, the city commission may return the application with the new information to the planning board for reconsideration. The planning board shall provide a recommendation within 30 days.

(c)

Approval. Upon determination that a PDD preliminary plan is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, the city commission shall approve the PDD preliminary PDD plan. The city commission may impose reasonable conditions with the approval of a preliminary PDD. Conditions of any approval are attached to the land and will remain through subsequent owners. Approval conditions will be established into a development agreement drafted by the city and to be signed by the applicant.

(d)

Denial. Upon determination that a PDD preliminary plan does not comply with standards and regulations set forth in this ordinance, or requires extensive revision in order to comply with said standards and regulations, the city commission shall deny the application. Re-submittal of an application which was denied shall be considered a new application.

(F)

PDD preliminary plan; approval validity. Approval of the preliminary plan by the city commission shall be effective for a period of two years and the accepted plan may be extended for one year upon expiration of the two-year period provided conditions have not changed that would be cause for denial of the extension. The two-year period for preliminary PDD approval may be extended for one year, if applied for by the petitioner and granted by the city commission.

(G)

PDD final plan application.

(1)

Prior to any development of the PDD, final site plans shall be submitted for review and approval in accordance with article XII, site plan review. If final site plans meeting the requirements of section 1.1204 for at least the first phase of the project are not submitted and approved during the approval period, the right to develop under the approved PDD preliminary plan shall terminate and a new application must then be filed and processed. In reviewing final site plans, the following shall apply:

(a)

Site plans shall be in substantial conformance with the PDD preliminary plan.

(b)

Each site plan shall either individually or in combination with previously approved contiguous project areas, meet the standards of this article and the approved PDD preliminary plan regarding layout, open space and land use.

(c)

If the plan consists of phases, then the site plan review process is only required for the specific phase(s) being presented for final approval to the planning board. Each subsequent phase shall be reviewed in the same manner.

(H)

PDD final plan approval.

(1)

The planning board shall review the final development plan in relation to its conformance with the preliminary development plan and any conditions of the PDD rezoning. If it is determined that the final plan is not in substantial conformance with the preliminarily development plan, the review process shall be conducted as a preliminary development plan review, in accordance with the procedures mentioned for preliminary plan review of this article.

(2)

If the final development plan is consistent with the approved preliminarily development plan, the planning board shall review the final plan in accordance with the standards for approval stated in article XII, site plan review.

(3)

The planning board shall prepare a record of its findings and shall approve, approve with conditions, or deny the final development plan.

(4)

Any zoning ordinance regulatory modification (e.g. setbacks) may be approved through a finding by the planning board that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. A table shall be provided on the final site plan which specifically details all deviations from the established zoning area, height and setback regulations, off-street parking regulations, general provisions, or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PDD section.

(I)

PDD development agreement.

(1)

Prior to issuance of any building permits or commencement of construction on any portion of the PDD, the applicant shall enter into an agreement with the city in recordable form, setting forth the applicant's obligations with respect to the PDD. The agreement shall describe all improvements to be constructed as part of the PDD and shall incorporate, by reference, the final development plan with all required revisions, other documents which comprise the PDD, and all attached conditions. Approval shall be effective upon recording. At a minimum, the agreement shall provide:

(a)

A survey of the acreage comprising the proposed development;

(b)

The manner of ownership of the developed land;

(c)

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

(d)

Open space provisions assuring open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose. The city may require conveyances or other documents to accomplish this purpose;

(e)

Satisfactory provisions to provide for the future financing of any improvements shown on the plan for site improvements, open space areas and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the city. The city may require a performance guarantee to accomplish this purpose;

(f)

Provisions to ensure adequate protection of natural features;

(g)

A phasing plan shall also be submitted describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase;

(h)

The agreement shall also establish the remedies of the city in the event of default by the applicant in carrying out the PDD, and such remedies shall be binding on all successors in interest to the applicant.

(2)

Any amendment requested to the recorded development agreement shall be submitted for review by the city attorney and approved by the zoning administrator.

(3)

All documents shall be executed and recorded in the county register of deeds.

(J)

Revisions to an approved PDD plan. Approval of the final site plan confers upon the zoning administrator the authority to approve certain minor deviations in accordance with the requirements of this article. The zoning administrator shall determine whether the change is major, warranting review by the planning board, or minor, allowing administrative approval, as noted below:

(1)

The holder of an approved PDD final development plan shall notify the zoning administrator of any desired change to the approved PDD.

(2)

Minor changes. Minor changes may be approved by the zoning administrator upon determining that the proposed revision(s) will not alter the basic design and character of the PDD, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:

(a)

Reduction of the size or height of any building;

(b)

Movement of buildings and/or signs by no more than ten feet if consistent with required setbacks, open space and other standards;

(c)

Landscaping approved in the final development plan that is replaced by similar landscaping to an equal or greater extent;

(d)

Changes in floor plans, of up to five percent of the total floor area, which do not alter the character of the use or increase the amount of required parking;

(e)

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design;

(f)

Improvements or slight relocation of site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing or pedestrian/bicycle paths, where appropriate;

(g)

Changes of building materials to another of higher quality, or a slight change in the color of the exterior material, as determined by the building official and zoning administrator;

(h)

Grade change of up to one foot, reviewed by the city engineer;

(i)

Modification of entry design, sign placement or reduction in size of signs, which is consistent with the approved sketch or final PDD plan;

(j)

Internal rearrangement of parking lots which does not affect the number of parking spaces or alter access locations or design;

(k)

Changes to the location of accessory buildings and structures only when the new location will be consistent with the building envelope identified on the approved plan; and

(l)

Changes required or requested by the city, county, or other state or federal regulatory agency in order to conform to other laws or regulations which do not substantially modify the plan.

(3)

Major changes. A proposed change not determined by the zoning administrator to be minor shall be submitted as an amendment to the PDD and shall be processed in the same manner as the original PDD application for the final development plan.

(K)

Limitations on variances from zoning board of appeals. Regulatory modifications are not subject to variance approval of the zoning board of appeals. No part of a PDD plan may be appealed to the zoning board of appeals. This provision shall not hamper an individual lot owner from seeking a variance (e.g. a residential detached garage variance related to setbacks) following final approval of the PDD, provided such variance does not involve alterations to open space areas as shown on the approved PDD site plan.

(L)

PDD preliminary final plan approval validity. Each approved final PDD or PDD phase must be under construction within 12 months after the date of approval of the PDD final development plan(s), except as noted in this section.

(1)

The planning board may grant one extension of up to one additional 12-month period from the expiration date of the PDD or a PDD phase if the applicant applies for such extension prior to the date of the expiration of the PDD or PDD phase and provided that:

(a)

The applicant presents reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant; and

(b)

The PDD requirements and standards, including those of the zoning ordinance, that are reasonably related to the development have not changed.

(2)

Should neither of the above two provisions be fulfilled, or an extension has expired without construction underway, the PDD preliminary plan approval(s) shall be null and void. This does not include any phases that may have received final PDD approval.

(3)

Should the PDD district become null and void, the subject property remains zoned as a PDD, but the preliminary or final PDD plans previously approved become null and void. In order to utilize the property as a PDD, an applicant would have to resubmit plans for preliminary and final PDD site plan approvals as stated in this chapter, but would not require PDD rezoning action from the board, unless the proposed PDD project includes different land uses other than previously approved (i.e. commercial verses residential).

(Ord. of 2-9-2005; Ord. of 5-22-2013)

Cross reference— Businesses, ch. 18.

State Law reference— Planned unit developments, MCL 125.584b, 125.584c.

1.0412.1. - PDD-2 planned development district.

(A)

Intent. The PDD-2 planned development district is established to create a planned development district convenient and attractive for a wide range of retail uses, business, residential, government and professional offices, and places of amusement in a setting conducive to and safe for pedestrian traffic.

(B)

Permitted uses. The following uses are permitted in the PDD-2 district.

(1)

Apartments above stores.

(2)

Banks, credit unions, or similar uses.

(3)

Bed and breakfast operations.

(4)

Business schools.

(5)

Clinic, dental or medical.

(6)

Condominiums.

(7)

Essential services.

(8)

Fast food restaurant.

(9)

Full service eating and drinking establishment.

(10)

Hotels and motels.

(11)

Institutional or public uses.

(12)

Mixed-use development—Greater than three stories.

(13)

Laundry and dry cleaning.

(14)

Multifamily residential uses as found in the R-4 district.

(15)

Outdoor sale areas provided that they do not restrict pedestrian travel paths to less than 60 inches wide.

(16)

Personal services.

(17)

Printing or publishing.

(18)

Private schools.

(19)

Professional service offices.

(20)

Recreational facility.

(21)

Sidewalk cafes provided that they do not restrict pedestrian travel paths to less than 60 inches wide.

(22)

Social clubs.

(23)

Stores for retail sales and retail services.

(24)

Studio.

(25)

Theaters.

(26)

Transportation services.

(27)

Uses similar to the above uses.

(28)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

(C)

Special land uses. The following special land uses are permitted in the PDD-2 district under the conditions of article VI [of this zoning ordinance].

(1)

Child care centers and day care centers in accord with section 1.0602 and section 1.0603(M)(1).

(2)

Murals.

(3)

Outdoor video display boards greater than 100 inches measured diagonally and 400 square feet overall and mounted on an assembly that when combined with the video display board results in a structure no higher than 40 feet above grade.

(D)

Required conditions. The following conditions are required in the PDD-2 planned development district.

(1)

(2)

(3)

Screening dumpsters. All areas of trash storage and disposal including dumpsters must be screened by a six-foot screen fence, but in no case less than six inches in height over the top of the trash or dumpster.

(4)

Site plan review. Site plan review and approval must be obtained for all new construction in accordance with the provisions of article XII [of this zoning ordinance].

(5)

[Use parameters.] All permitted uses shall be conducted within the confines of a building or within an enclosure which screens any outdoor storage of materials from the view of adjoining residential streets or residential properties. A chain-link or decorative fence of sufficient density (1¼ inch by 1¼ inch) to keep discarded debris within the confines of a site for uses which are likely to have debris shall be provided.

(Ord. of 11-13-2013; Ord. of 5-13-2015; Ord. of 7-14-2021(2) ; Ord. of 5-9-2022 )

1.0412.2. - PDD-3 planned development district 3.

(A)

Intent. The PDD-3 planned development district is established to create a planned development district that accommodates high density apartments in the central business district, provides for a wide range of compatible uses for non-apartment space, and is compatible with the look, feel, and pedestrian nature of the downtown area.

(B)

Permitted uses. The following uses are permitted in the PDD-3 district.

(1)

Banks credit unions, or similar uses.

(2)

Business schools.

(3)

Clinic, dental or medical.

(4)

Fast food restaurant.

(5)

Full service eating and drinking establishment.

(6)

High density apartments.

(7)

Hotels and motels.

(8)

Institutional or public uses.

(9)

Laundry and dry cleaning.

(10)

Personal services.

(11)

Printing or publishing.

(12)

Professional service offices.

(13)

Social clubs.

(14)

Stores for retail sales and retail services.

(15)

Studio.

(16)

Essential services.

(17)

Uses similar to the above uses.

(18)

Accessory structures and uses customarily incident to the above permitted uses, provided such buildings and uses are located on the same zoning lot with a permitted use.

Special land uses. The following special land uses are permitted in the PDD-3 district under the conditions of article VI [of this zoning ordinance].

(1)

Child care centers and day care centers in accord with section 1.0602 and section 1.0603(M).

(2)

Murals.

(3)

Outdoor sale areas.

(4)

Sidewalk cafes.

(5)

Transportation services.

(C)

Required conditions. The following conditions are required in the PDD-3 district.

(1)

Design review. Design review as provided for in article XIII of this zoning ordinance.

(2)

Demolition of buildings. Before a demolition permit is issued for a building located in the PDD-3 district, the building department shall refer the request to the downtown development authority which will review the request, hold a public hearing, and make recommendations to the property owner for alternate potential uses of the property or to proceed with demolition. If the property owner does not withdraw the request for a demolition permit within 30 days after it is submitted, the building department shall proceed to analyze the request and issue appropriate permits based upon the building and zoning ordinance requirements.

(3)

Screening dumpsters. All areas of trash storage and disposal including dumpsters must be screened as provided under the B-C district provisions of section 1.1106.

(4)

Site plan review. Site plan review and approval must be obtained for all new construction in accordance with the provisions of article XII of this zoning ordinance.

(5)

Area and bulk requirements. See article V of this zoning ordinance, schedule of regulations, limiting the height and bulk of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements.

(6)

Compatibility with adjacent properties. The following conditions shall apply to permitted and special land uses in the PDD-3 district when those uses are adjacent to residential uses or residentially zoned property:

(a)

Rear and sideline setbacks to buildings from residential property lines shall be 45 feet.

(b)

Off street parking areas shall be screened on all sides that abut a residential property or residential zoning district by a solid fence that is maintenance free, stained, sealed or painted six feet in height, or a solid planting strip 15 feet in width and six feet in height at planting.

(c)

All exterior lighting shall be directed along exterior building walls and away from residential property.

( Ord. of 3-25-2020(3) )