Note: see section 78-297, pertaining to notes to the schedule, for specifications assigned to lettered subsections.

(Ord. No. 54A, § 13.01, 11-11-1987; Ord. No. 294, § 1, 11-12-2008)

(a)

In the case of lots platted of record in the office of the register of deeds for the county, at the effective date of the ordinance from which this chapter is derived, where there is insufficient lot area to permit compliance with the minimum requirements of this division, the minimum requirements shall be as follows:

 *The smaller required side yard shall be along the right-hand lot line as viewed from the street along the front lot line.

** Minimum floor area of the first floor in square feet (i.e., above ground level floor).

(b)

Minimum floor area of the first floor in square feet (i.e., above ground level floor).

_____

(c)

Minimum land area per dwelling unit for R-3 district.

(d)

Front yard setbacks are measured from the edge of the existing or planned right-of-way or, in case of a lake lot, from the defined front lot lines. Where a parcel or lot is at an intersection, the setback shall be measured from the maximum requirement for the district considering each side as a front yard area. Within the Lakefront Setback Overlay District 1, the setback from the lake shall be as set forth in section 78-603.

(e)

Side yards adjacent to any one-family residential district shall be a minimum of 25 feet.

(f)

Spacing of multiple dwellings shall be controlled by the following schedule:

Parking may be permitted in up to 50 percent of the required yard, provided that there shall be at least 20 feet of yard space between such parking area and the multiple-family building.

(g)

No side yards are required along interior lot lines, except as required by the building code, provided that walls so located shall be solid and shall not contain any windows, doors or any other openings. On exterior lot lines the minimum setbacks shall be maintained.

(h)

Other yard and parking requirements.

(1)

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

(2)

Front yards. Where the P district is contiguous to a residentially-zoned district which has a common frontage on 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 35 feet, or whichever is the greater. Such area shall be landscaped and properly maintained.

(3)

Parking space layout, standards, construction and maintenance. P vehicular parking districts shall be developed and maintained in accordance with the parking requirements of article V of this chapter.

(4)

Location. No parking structure shall be erected closer than 40 feet to any residentially-zoned district.

(i)

In the case of condominium developments, lot minimums shall mean minimum land area per dwelling unit.

(j)

Maximum coverage of lot by all buildings in single-family residential districts.

(Ord. No. 54A, § 13.02, 11-11-1987; Ord. No. 226, § 2, 2-9-1994; Ord. No. 294, § 2, 11-12-2008; Ord. No. 322, § 2, 8-13-2014; Ord. No. 340, Pt. I, 2-20-2019)

The R-1 and R-2 single-family residential districts are established as districts in which the principal use of land is for single-family dwellings, but within each district having different minimum lot areas to permit differing development character and densities. For these residential districts, in promoting the general purpose of this section, the specific intent of this division is to:

(1)

Permit the construction of, and the continued use of, the land for single-family dwellings; and

(2)

Prohibit multiple-family, business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of single-family dwellings in the district.

(Ord. No. 54A, § 5.01, 11-11-1987)

In the R-1 and R-2 districts, no uses shall be permitted except the following:

(1)

Single-family dwellings/units.

(2)

State licensed residential facilities which provide resident service of six or fewer persons, such as family day care homes, adult foster care family homes, foster family homes, and foster family group homes, with the exception of adult foster care facilities licensed by a state agency of care and treatment of persons released from or assigned to adult correctional institutions, as provided in Section 2061(1) of PA 110 of 2006, as amended.

(3)

Uses or structures accessory to those listed in subsections (1) through (2) of this section when located on the same lot and not involving any business, profession, trade or occupation.

(Ord. No. 54A, § 5.02, 11-11-1987; Ord. No. 277, § 5, 8-2-2006)

The following uses are permitted in the R-1 and R-2 districts after special approval subject to article II, division 6 of this chapter:

(1)

Clubs, private, noncommercial, social, fraternal, service clubs or boat clubs, not operated for profit and subject to the following requirements:

a.

The use does not impair the natural appearance of the land or surrounding properties.

b.

The clubhouse, other structures and accessory buildings as well as parking facilities pertaining to the use therefor shall have ingress and egress directly from a major or secondary thoroughfare and shall be located not closer than 150 feet from any abutting side or rear property line.

c.

A greenbelt buffer shall be provided where the parking is abutting a residential district. Such buffer shall be a minimum of 20 feet in width and shall be heavily planted in trees and shrubs so as to be completely obscuring and to prevent unreasonable noise or annoyance to surrounding properties.

d.

No sale of food or beverages of any kind shall be made outside the clubhouse, except by permission of the city council.

e.

No activities of any kind other than club-related shall be permitted, except within the clubhouse or in the immediate vicinity of the clubhouse.

f.

No business activity other than those directly related to the club or to its operation shall be permitted.

(2)

Nursing and convalescent homes, when the following conditions are met:

a.

The lot for such use shall be operated in a dwelling or a building with the external appearance of a single-family dwelling, aesthetically compatible with other dwellings within a 100-foot radius.

b.

Four hundred square feet of open lawn or landscaped area shall be provided for each bed.

c.

Off-street parking may be permitted within the front yard, provided that not more than 50 percent of the minimum yard setback shall be used for vehicular parking or driveways.

d.

Off-street parking may be located within a side or rear yard, provided that it is not located closer than 50 feet to any adjacent single-family residential district, unless an exception is approved by the planning commission.

e.

Buildings shall not exceed 175 feet in length unless an exception is approved by the planning commission.

(3)

Churches and related religious buildings and facilities customarily incidental thereto, but not including tents and other temporary structures, subject to the following:

a.

Direct primary access to a major public street.

b.

In order to mitigate any negative off-site impacts, such as glare, noise, trespassing, fumes, odors or sound, on single-family residential uses, the planning commission may require adequate fencing, screening or landscaping of all or parts of the site.

c.

Related uses, such as social centers, social service centers, schools, nursery school and rental banquet facilities, among others, shall be prohibited unless the planning commission shall find that adverse impacts will be mitigated.

(4)

Utility and municipal, county, regional and state service facilities and uses needed to serve the immediate vicinity, including transformer stations, lift stations and switchboards, but excluding outside storage yards.

(5)

Municipally-owned and operated libraries, parks, swimming pools or beaches, playgrounds, public boat docks and ramps, and other municipal recreation facilities.

(6)

Municipal buildings and uses.

(7)

Libraries, public, parochial and other private elementary or secondary schools offering courses in general education and not operated for profit.

(8)

Group day care home, subject to Section 206(6) of PA 110 of 2006, child care center, day care center, nursery schools and preschools, as provided and subject to the regulations in Section 206 of PA 110 of 2006, as amended, and further subject to the following regulations:

a.

In accordance with applicable state laws, all child care facilities shall be registered with or licensed with or licensed by the department of social services and shall comply with the minimum standards outlined for such facilities.

b.

A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall size of the play area shall not be less than 5,000 square feet.

c.

The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a landscaped greenbelt. The landscaped greenbelt shall be a minimum of five feet in width and shall consist of closely-spaced evergreen plantings (i.e., no farther than 15 feet apart) which can be reasonable expected to form a complete visual barrier that is at least six feet above ground level within three years of planting. Deciduous plant material may be used provided that a complete visual barrier is maintained throughout the year. Wherever screening is required adjacent to residentially zoned or used property, the screening shall be installed prior to the beginning of site grading and general construction, except where such activity would result in damage to the screening.

d.

The proposed facility shall front on to a paved thoroughfare or collector road.

(Ord. No. 54A, § 5.03, 11-11-1987; Ord. No. 277, § 6, 8-2-2006; Ord. No. 375, § 3, 3-12-2025)

Area, height, bulk and placement requirements for the R-1 and R-2 districts, unless otherwise specified, are as provided in article IV, division 2 of this chapter.

(Ord. No. 54A, § 5.04, 11-11-1987)

Site plan review requirements for the R-1 and R-2 districts shall be as provided in article II, division 5 of this chapter.

(Ord. No. 54A, § 5.05, 11-11-1987)

The R-3 multiple-family residential district is designed to provide sites for multiple-family dwelling structures and related uses. The multiple-family district is further provided to serve the limited need for an apartment-type dwelling in an otherwise low density single-family community.

(Ord. No. 54A, § 6.01, 11-11-1987)

In all R-3 districts, no building or land, except as otherwise provided in this chapter, shall be erected or used except for one or more of the following specified uses:

(1)

Multiple-family dwellings of a low-rise type, including but not limited to apartment houses, row houses, terraces, townhouses and cluster houses.

(2)

Two-family dwellings.

(3)

State licensed residential facilities, which provide resident service for six or fewer persons, such as family day care homes, adult foster care family homes, foster family homes, and foster family group homes, with the exception of adult foster care facilities licensed by a state agency for care and treatment of persons released from or assigned to adult correctional institutions, as provided in Section 206(1) of PA 110 of 2006, as amended.

(4)

Accessory off-street parking, buildings, and uses customarily incident to any of uses permitted pursuant to subsections (1), (2) and (3) of this section, in conformance with this chapter.

(Ord. No. 54A, § 6.02, 11-11-1987; Ord. No. 277, § 7, 8-2-2006)

The following uses are permitted in the R-3 district after special approval subject to article II, division 6 of this chapter:

(1)

Municipally-owned and operated libraries, museums, parks, parkways and recreational facilities.

(2)

Churches, parish houses and related facilities when located on a major thoroughfare.

(3)

Housing for the elderly, not to exceed a height of one story, when the following conditions are met:

a.

All housing for the elderly shall be provided as a planned development consisting of at least one acre and shall provide for the common services containing, but not limited to, central dining rooms, recreational rooms, central lounge and workshops.

b.

All dwelling units shall consist of at least a bedroom, living room and private bath and toilet and shall be equal to at least 350 square feet per person, and not less than 350 square feet per unit.

c.

The maximum extent of development shall not exceed 15 dwelling units per gross acre and total coverage per gross acre shall not exceed 25 percent for all buildings, including dwelling units and related service buildings.

d.

Facilities shall be designed with grab bars in hallways and bathrooms.

(4)

Utility and public service facilities and uses needed to serve the immediate vicinity, including transformer stations, lift stations and switchboards, but excluding outside storage yards.

(5)

Nursery schools, day nurseries, preschools, child care centers, day care centers, and group day care homes as provided and subject to the regulations in Section 206 of PA 110 of 2006, as amended, and further subject to the following regulations:

a.

In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the department of social services and shall comply with the minimum standards outlined for such facilities.

b.

A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall size of play area shall not be less than 5,000 square feet.

c.

The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a landscape greenbelt. The landscape greenbelt shall be a minimum of five feet in width and shall consist of closely-spaced evergreen plantings (i.e., no farther than 15 feet apart) which can be reasonable expected for form a complete visual barrier that is at least six feet above ground level within three years of planting. Deciduous plant material may be used provided that a complete visual barrier is maintained throughout the year. Wherever screening is required adjacent to residentially zoned of used property, the screening shall be installed prior to the beginning of site grading and general construction, except where such activity would result in damage to the screening.

d.

The proposed facility shall front on to a paved thoroughfare of collector road.

(6)

Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical or religious education, provided no building other than a structure for residential purposes shall be closer than 50 feet to any property line which abuts or is adjacent to land zoned or used for residential purposes.

(7)

Public, parochial and other private elementary, intermediate and/or high schools offering courses in general education, subject to the following conditions:

a.

No building shall be closer than 50 feet to any property line when such property line abuts or is adjacent to land zoned or used for residential purposes.

b.

All vehicular access shall be only from a major or secondary thoroughfare.

c.

All public utilities shall be placed underground.

d.

All parking and circulation shall be paved in accordance with the off-street parking standards of this chapter.

e.

Internal pedestrian circulation shall be provided.

(8)

Adult foster care large group homes and adult foster care small group homes, subject to the following:

a.

No foster care group home shall be located closer than 1,500 to any other licensed group day care home or foster care group home, as measured from the nearest wall of each such structure.

b.

A foster care group home and property shall be maintained in a manner consistent with the visual characteristics of the neighborhood.

(9)

Group day care home, child care center, day care center, nursery schools and pre-schools, as provided and subject to the regulations in Section 206 of PA 110 of 2006, as amended, and further subject to the following regulations:

a.

In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the department of social services and shall comply with the minimum standards outlined for such facilities.

b.

A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall size of play area shall not be less than 5,000 square feet.

c.

The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a landscape greenbelt. The landscape greenbelt shall be a minimum of five feet in width and shall consist of closely-spaced evergreen plantings (i.e., no farther than 15 feet apart) which can be reasonable expected for form a complete visual barrier that is at least six feet above ground level within three years of planting. Deciduous plant material may be used provided that a complete visual barrier is maintained throughout the year. Wherever screening is required adjacent to residentially zoned of used property, the screening shall be installed prior to the beginning of site grading and general construction, except where such activity would result in damage to the screening.

d.

The proposed facility shall front on to a paved thoroughfare or collector road.

(Ord. No. 54A, § 6.03, 11-11-1987; Ord. No. 277, § 7, 8-2-2006)

Area, height, bulk and placement requirements for the R-3 district, unless otherwise specified, are as provided in article IV, division 2 of this chapter.

(Ord. No. 54A, § 6.04, 11-11-1987)

Site plan review requirements for the R-3 district shall be as provided in article II, division 5 of this chapter.

(Ord. No. 54A, § 6.05, 11-11-1987)

The intent of the CS community service district is to provide a district wherein community services and facilities may be optimally located with respect to providing public service within the city, while also allowing alternative uses if the property is not owned or controlled by a public entity or an entity providing public or community services.

(Ord. No. 54A, § 7.01, 11-11-1987; Ord. No. 345, § 1, 11-13-2019)

In the CS district, no uses shall be permitted unless otherwise provided in this chapter, except the following:

(1)

Buildings and uses of the city, including municipal buildings, fire and police stations, libraries, museums, wells, water towers, and similar uses.

(2)

Parks, beaches, playgrounds, and playfields of the city.

(3)

Off-street parking in connection with the permitted principal uses.

(4)

Municipal boat ramps.

(5)

Accessory buildings and uses customarily incidental to the principal uses permitted in subsections (1) through (4) of this section.

(6)

Principal permitted uses in the R-1 and R-2 districts.

(Ord. No. 54A, § 7.02, 11-11-1987; Ord. No. 345, § 1, 11-13-2019)

The following uses are permitted in the CS district after special approval subject to article II, division 6 of this chapter:

(1)

The following uses are permitted in the CS district after special approval subject to article II, division 6 of this chapter:

a.

Office buildings and uses of the county or state.

b.

Schools, municipal buildings which generate truck traffic or have outside storage, water towers, auditoriums, cemeteries, essential services, and any use similar in character.

c.

Non-city parks, playgrounds, and playfields.

d.

Churches and related religious facilities.

(2)

For parcels with at least 100 feet of frontage on Orchard Lake Road, the following uses may be permitted with special approval:

a.

Nursing and convalescent homes.

b.

Group daycare home, subject to Section 206(6) of PA 110 of 2006, childcare center, daycare center, nursery schools, and preschools, as provided and subject to the regulations in Section 206 of PA 110 of 2006, as amended, and further subject to the following regulations:

1.

In accordance with applicable state laws, all childcare facilities shall be registered with or licensed with or licensed by the department of social services and shall comply with the minimum standards outlined for such facilities.

2.

A minimum of 150 square feet of outdoor play area shall be provided and maintained per child, provided that the overall size of the play area shall not be less than 5,000 square feet.

3.

The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a landscaped greenbelt. The landscaped greenbelt shall be a minimum of five feet in width and shall consist of closely-spaced evergreen plantings (i.e., no farther than 15 feet apart) which can be reasonably expected to form a complete visual barrier that is at least six feet above ground level within three years of planting. Deciduous plant material may be used provided that a complete visual barrier is maintained throughout the year. Wherever screening is required adjacent to residentially zoned or used property, the screening shall be installed prior to the beginning of site grading and general construction, except where such activity would result in damage to the screening.

4.

The proposed facility shall front on to a paved thoroughfare or collector road.

c.

Retail establishment, defined as a business having as its primary function the supply of merchandise or wares to the end consumer. Includes but is not limited to, general merchandise and specialty shops, pharmacies, and stores selling furniture, electronics, appliances, home improvement products, and other consumer goods.

d.

Any personal service establishment which is defined as a business that performs personal services on the premises including, but not limited to, barbershops, beauty shops, day spas, tailor shops, photographic studios.

e.

Professional, medical, and administrative offices.

f.

Dining rooms [fast food, carryout, drive-up, and drive-in restaurants are not permitted].

g.

Off-street parking in connection with the uses permitted in this section.

(Ord. No. 54A, § 7.03, 11-11-1987; Ord. No. 345, § 1, 11-13-2019)

Area, height, bulk and placement requirements for the CS district are as provided in Article IV, Division 2 of this chapter, except that:

(1)

For the single-family uses provided in section 78-372, the standards of the R-1 district shall apply as provided in section 78-296.

(2)

For the uses set forth in section 78-373(1)d. and section 78-373(2), the standard of the C-1 district shall apply.

(Ord. No. 54A, § 7.04, 11-11-1987; Ord. No. 345, § 1, 11-13-2019)

Site plan review requirements for the CS district are as provided in article II, division 5 of this chapter.

(Ord. No. 54A, § 7.05, 11-11-1987; Ord. No. 345, § 1, 11-13-2019)

The P parking districts are designed to accommodate the off-street parking for those nonresidential uses which are not able to provide adequate space within their own district boundaries.

(Ord. No. 54A, § 8.01, 11-11-1987)

In a P parking district, no land shall be used, and no building shall be hereafter erected, converted or structurally altered for any use other than an off-street vehicular parking area. Such off-street parking facility shall be developed and maintained subject to the following regulations:

(1)

Limitation of use.

a.

The parking area shall be accessory to, and for use in connection with, one or more existing professional or institutional offices or institutions.

b.

Parking area shall be used solely for parking for private passenger vehicles, for periods of less than one day.

c.

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

d.

No building shall be erected upon premises.

(2)

Entrance and exit.

a.

Adequate entrance and exit for vehicles to premises used as a parking area shall be provided.

b.

Each entrance and exit to and from such parking lot shall be at least 20 feet in distance from any adjacent property located in any residential district.

(3)

Minimum distance and setbacks.

a.

Side yards. Where the P district is contiguous to side lot lines of premises within a residentially-zoned district, the required wall shall be so located with respect to the side lot line as would a residential dwelling located on side lot for the particular residential zone.

b.

Front yards. Where the P district is contiguous to a residentially-zoned district which has a common frontage on the same block with single-family residential use or zoning, there shall be setback equal to the required residential setback for such residential district, or a minimum of 15 feet, or whichever is the lesser. The required wall shall be located on this minimum setback line.

(4)

Screening and landscaping.

a.

The parking area shall be provided with a continuous and completely obscuring screening wall. This wall shall be provided on all sides where the next zoning district is designated as a single-family or multiple-family residential district. Whenever such wall is required, all land between such wall and boundaries of the P district shall be kept free from refuse and debris and shall be landscaped with shrubs, evergreen material and/or ornamental trees. All ornamental plantings shall be planted at distances consistent with their natural spread and height. The planting shall be maintained in a healthy growing condition neat and orderly in appearance.

b.

All landscape plans shall be submitted to the planning commission for approval as to suitability of planting material, maintenance and arrangement thereof.

(5)

Surface of parking area. The parking area shall be provided with pavement having an asphaltic or concrete binder approved by the city so as to provide a permanent, durable and dustless surface and shall be graded and drained as to dispose of all surface water accumulated within the area. Such area shall be free of chuckholes, cracks and other deterioration.

(6)

Lighting. Lighting facilities which conform to the electrical code of the city shall be provided, and shall be so arranged as to reflect the light away from all residential districts. The height of all lighting standards shall be limited by the planning commission.

(7)

Approval and modifications.

a.

The zoning board of appeals, upon application by the property owner of the parking area may modify the yard and wall requirement wherein, in unusual circumstances, no good purpose would be served by compliance with the requirements of this section.

b.

In all cases where a wall extends to an alley which is a means of ingress and egress to a parking area, it shall be permissible to end the wall not more than ten feet from such alley line in order to permit a wider means of access to the parking area.

c.

In addition to the requirements of subsections (7)a and b of this section, such parking area shall comply with such further requirements or conditions as may be prescribed by the zoning board of appeals for protection of the residence district abutting such parcel in which the parking area is to be located.

(Ord. No. 54A, § 8.02, 11-11-1987)

The following uses may be permitted in the P district under the purview of article II, division 6 of this chapter after review and approval of the use and a site plan by the planning commission, after public hearing, subject to the applicable conditions imposed by the planning commission:

(1)

Public utility buildings.

(Ord. No. 54A, § 8.03, 11-11-1987)

Area, height, bulk and placement requirements for the P district, unless otherwise specified, are as provided in article IV, division 2 of this chapter.

(Ord. No. 54A, § 8.04, 11-11-1987)

Site plan review requirements for the P district are as provided in article II, division 5 of this chapter.

(Ord. No. 54A, § 8.05, 11-11-1987)

The O-1 office district is designed to accommodate uses such as offices, banks and personal services which can serve as transitional areas between residential and commercial districts and to provide a transition between major thoroughfares and residential districts.

(Ord. No. 54A, § 9.01, 11-11-1987)

In an O-1 office district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Office buildings for any of the following occupations: executive, administrative, professional, accounting; business services: writing, clerical, stenographic or drafting; public administration.

(2)

Retail sales subject to the following conditions:

a.

No interior display shall be visible from the exterior of the building and the total area devoted to sales and display of items for sale, including both the objects displayed and the floor space set aside for persons observing the displayed objects, shall not exceed 25 percent of the total usable floor area.

b.

The outdoor display or storage of goods or material shall be prohibited.

c.

Warehousing or indoor storage of goods or material, beyond that normally incident to the uses permitted in subsections (2)a and b of this section, shall be prohibited.

d.

Where the O-1 district abuts a residential district, a ten-foot-wide greenbelt shall be provided where the required screen wall is not provided.

(3)

Medical offices, including clinics.

(4)

Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

(5)

Banks, credit unions, savings and loan associations and similar uses; drive-up facilities as an accessory use only.

(6)

Personal service establishments including barbershops, beauty shops and health salons.

(7)

Nursery schools.

(8)

Churches and related religious facilities.

(9)

Other uses similar to the uses in subsections (1) through (8) of this section, subject to the purpose of this district.

(10)

Accessory off-street parking and structures and uses customarily incident to the permitted uses in subsections (1) through (9) of this section and permitted uses after special approval. No accessory structure shall be located in any front yard.

(Ord. No. 54A, § 9.02, 11-11-1987)

The following uses are permitted in the O-1 district after special approval subject to article II, division 6 of this chapter, subject to the conditions imposed in this section for each use and subject further to the review and approval of the planning commission:

(1)

An accessory use customarily related to a principal use authorized by this section, such as but not limited to a pharmacy or apothecary shop. Stores, limited to corrective garments or bandages, or optical service, may be permitted.

(2)

Mortuary establishments, when adequate assembly area is provided off-street for vehicles to be used in funeral processions, provided further that such assembly area shall be provided in addition to any required off-street parking area. A caretaker's residence may be provided within the main building of mortuary establishments.

(3)

Municipally-owned buildings, telephone exchange buildings and public utility offices, but not including storage yards, transformer stations or gas regulator stations.

(4)

Regulated uses including businesses which provide massage as a primary or accessory use, including health clubs, tanning salons, gyms and spas, pool and billiard halls and shall be subject to the standards in article VI, section 78-629, Regulated uses, and shall be subject to special approval review as required by article II, division 6.

(5)

Sexually oriented businesses subject to the standards in article VI, section 78-629, Regulated Uses, and shall be subject to special approval review as required by article II, division 6, but shall not be subject to the standards for granting approval in section 78-178.

(Ord. No. 54A, § 9.03, 11-11-1987; Ord. No. 266, § 3, 3-10-2004)

Area, height, bulk and placement requirements for the O-1 district, unless otherwise specified, are as provided in article IV, division 2 of this chapter.

(Ord. No. 54A, § 9.04, 11-11-1987)

Site plan review requirements for the O-1 district shall be as provided in article II, division 5 of this chapter.

(Ord. No. 54A, § 9.05, 11-11-1987)

The C-1 neighborhood commercial district is designed solely for the convenience shopping and service of persons residing in adjacent residential areas, to permit only such uses are necessary to satisfy those limited basic shopping and/or service needs which by their very nature are not related to the shopping pattern of the general commercial.

(Ord. No. 54A, § 10.01, 11-11-1987)

In a C-1 district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Any generally recognized retail business which supplies commodities on the premises, for persons residing in adjacent residential areas, such as groceries, meats, dairy products, baked goods or other foods, drugs, dry goods and notions or hardware.

(2)

Any personal service establishment which performs services on the premises for persons residing in adjacent residential areas, such as shoe repair, dry cleaning shops, tailor shops, beauty parlors, barbershops, banks and savings and loan offices, pharmacist or any service establishment of an office-showroom or workshop nature of an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer or an establishment doing radio, television or home appliance repair, photographic reproduction and similar establishments that require a retail character similar to the aforementioned, subject to the provision that no more than five persons shall be employed at any time in the fabrication, repair and other processing of goods.

(3)

Dining rooms, fast food, carryout and drive-up service restaurants, or other places serving food, except drive-in restaurants, and not including the dispensing, serving, or selling alcoholic beverages for consumption on the premises.

(4)

Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers, executive, administrative, professional and business services, and similar or allied professions.

(5)

Post office and other governmental administrative office buildings.

(6)

Newspaper offices; printing facilities less than 10,000 square feet in area.

(7)

Private clubs or lodge halls.

(8)

Accessory off-street parking and parking structures.

(9)

Uses similar to those in subsections (1) through (8) of this section and subject to the following restrictions:

a.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

b.

All business, servicing or processing, except off-street parking or loading, shall be conducted within a completely enclosed building, except as noted in subsection (11) of this section.

(10)

Accessory structures and uses customarily incidental to the permitted uses in subsections (1) through (9) of this section, provided no accessory structures shall be located in a front yard.

(11)

Outdoor sidewalk sales shall be allowed on a limited basis. Temporary permits must be obtained from the city manager. The following minimum restrictions apply:

a.

All merchandise offered for sale shall be of a similar nature to the products sold by the particular business on a regular basis.

b.

The city manager shall have responsibility to ensure such sales are in the best interest of the health, safety and welfare of the community. As such, he will be responsible for administering guidelines including, but not limited to, location, number of events per year, hours of operation, permit processes, parking and goods offered for sale. These guidelines will be reviewed and adopted by the city council.

(12)

Outdoor cafes or seating areas when adjacent to a licensed restaurant or food establishment that sells food for immediate consumption on the premises shall be allowed on a limited basis. Permits for outdoor seating will be granted by the planning commission following a satisfactory plan review. Approval may be granted by the city manager (without planning commission approval) if the proposed seating is contained to an existing sidewalk adjacent to the establishment and meets all of the restrictions below. Application will be made using the same guidelines and fees as a site plan review. Written approval from the property owner for the proposed outdoor seating must be submitted with the application.

If approved, and the business wishes to modify the outdoor seating plan or the business changes ownership, a new permit will be required. The following minimum restrictions apply:

a.

Outdoor seating areas may be permitted on private property. The outdoor seating area must be immediately adjacent to the associated restaurant or food establishment.

b.

Outdoor seating areas shall be required to be enclosed in instances where there is wait staff or alcohol service. For the purpose of the section, an enclosure is a decorative wood or metal railing or other decorative removable physical delineation, approved by the city manager. Access to the outdoor seating area will be restricted to patrons only.

c.

Outdoor seating shall be permitted only during normal business hours between March 15 ^th and November 1 ^st . In no case shall an outdoor seating area operate between the hours of 11:00 p.m. and 7:00 a.m. There will be no outdoor storage of portable or temporary tables, chairs or other equipment from November 2 ^nd to March 14 ^th .

d.

The outdoor seating area shall be kept free of litter and debris, and with a well-kept appearance within and immediately adjacent to the area of tables and chairs. Additional outdoor waste receptacles may be required. Written procedures for required maintenance services, such as cleaning and waste containment and removal responsibilities must be included with all applications and approved by the Planning Commission.

e.

There shall be no loudspeakers located in or in conjunction with an outdoor seating area and all other noise shall be controlled so as to not be audible more than ten feet from the outdoor seating area. All lighting must be shielded to prevent glare on adjacent roadways and protect abutting parcels.

f.

The capacity of the outdoor seating area shall be provided by the applicant and verified by the city manager. The entire seating area for the establishment will be calculated including the proposed outdoor seating. The establishment must provide for the required number of parking spaces consistent with the restaurant parking standard in section 78-571.

g.

A sign must be posted stating "No food or beverages allowed beyond this point." Additional signs associated with the outdoor seating area are prohibited.

h.

Any outdoor seating areas shall be completely screened from view of all single family residential properties by an obscuring wall or landscape buffer, unless the outdoor seating area is separated by a public road, public alley, or public parking area.

i.

Vending machines and other similar products shall be prohibited in all outdoor seating areas.

j.

Preparation of food and beverages shall be prohibited in any outdoor seating area. The sale and consumption of alcohol are governed by the Michigan Liquor Control Act and local ordinance. Additionally, such seating areas must include food service if they are intending to provide the sale and service of alcoholic beverages.

k.

A minimum of five feet of sidewalk along the curb and leading to the entrance to the establishment must be maintained free of tables and other encumbrances, in accordance with the provisions of the national Americans with Disabilities Act (ADA) and Michigan barrier-free requirements. If the sidewalk is not wide enough to allow for a five-foot wide clearance for circulation, the outdoor seating area shall not be permitted.

l.

Outdoor seating shall be subject to applicable city, county and state requirements.

(Ord. No. 54A, § 10.02, 11-11-1987; Ord. No. 305, § 1, 5-18-2011; Ord. No. 315, § 2, 9-11-2013)

The following uses are permitted in the C-1 district after special approval subject to article II, division 6, of this chapter:

(1)

Publicly-owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations with service yards, but without storage yards, and water and sewage pumping stations.

(2)

Establishments dispensing, serving, or selling alcoholic beverages for consumption on the premises, including dining rooms, restaurants, bar/lounges.

(3)

Accessory buildings and uses customarily incident to any of the uses in subsections (1) and (2) of this section.

(4)

Uses similar to the uses in subsections (1) through (3) of this section, based on a specific determination by the planning commission, subject to subsection 78-447(9).

(Ord. No. 54A, § 10.03, 11-11-1987; Ord. No. 266, § 4, 3-10-2004; Ord. No. 284, § 2, 4-11-2007; Ord. No. 315, § 3, 9-11-2013)

Area, height, bulk and placement requirements for the C-1 district, unless otherwise specified, are as provided in article IV, division 5 of this chapter.

(Ord. No. 54A, § 10.04, 11-11-1987)

Site plan review requirements for the C-1 district shall be as provided in article II, division 5 of this chapter.

(Ord. No. 54A, § 10.05, 11-11-1987)

The C-2 general commercial district is designed to provide for a variety of automotive services and goods incompatible with the uses in C-1 districts, and uses not permitted in the C-1 neighborhood business district.

(Ord. No. 54A, § 11.01, 11-11-1987)

In the C-2 district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

All principal uses permitted in the C-1 neighborhood commercial district.

(2)

Restaurants, except drive-in restaurants, and not including the dispensing, serving, or selling alcoholic beverages for consumption on the premises.

(3)

Theaters, when completely enclosed.

(4)

Banks, with drive-up facilities permitted, when such drive-up facilities are incidental to the principal function.

(5)

Offices and showrooms of plumbers, electricians, decorators or similar trades, in connection with which not more than 25 percent of the floor area of the building or part of the building occupied by such establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise, and provided that the ground floor premises facing upon, and visible from, any abutting street shall be used only for entrances, offices or display. All assembly, fabrication, modification, [and] storage of materials shall be within the confines of the building or part thereof occupied by such establishment.

(6)

Business schools, or private schools operated for profit. Examples of private schools permitted include, but are not limited to, dance schools, music and voice schools and art studios.

(7)

Warehouse and storage facilities when incident to and physically connected with any principal uses permitted, provided that such facility is within the confines of the building or part thereof occupied by such establishment.

(8)

Veterinarian offices, with all animals stored within the building.

(9)

Bus passenger stations.

(10)

Funeral homes.

(11)

Public utility offices, exchanges, transformer stations, pump stations and service yards, but not including outdoor storage.

(12)

Clinics and hospitals.

(13)

Retail cold storage establishments.

(14)

Self service laundry and dry cleaning establishments.

(15)

Bowling alleys.

(16)

Pool or billiard parlors or clubs.

(17)

Storage of materials or goods to be sold at retail, provided such storage is within a building or is enclosed so as not to be visible to the public from any abutting residential district or public street.

(18)

Uses which are similar to the uses in subsections (1) through (17) of this section, subject to the purpose of the district as determined by the planning commission.

(19)

Off-street parking and accessory structures customarily incident to the permitted uses in subsections (1) through (18) of this section.

(Ord. No. 54A, § 11.02, 11-11-1987; Ord. No. 284, § 3, 4-11-2007; Ord. No. 315, § 4, 9-11-2013)

The following uses are permitted in the C-2 district after special approval subject to article II, division 6, of this chapter, after review and approval of the uses and a site plan by the planning commission, after public hearing, subject to the applicable conditions and any other reasonable conditions imposed by the planning commission:

(1)

Outdoor sales space for sale of new and used automobiles, house trailers, and travel trailers subject to the following:

a.

Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

b.

No major repair or major refinishing shall be done on the lot.

(2)

Hotel or motel, subject to the following:

a.

Provided that it can be demonstrated that ingress and egress do not conflict with adjacent business uses.

b.

No kitchen or cooking facilities are to be provided, with the exception of' units for the use of the manager or caretaker.

c.

Each unit shall contain not less than 200 square feet of floor area.

(3)

Drive-in restaurants and businesses of the character of a drive-in restaurant, subject to the following:

a.

A setback of at least 60 feet from the street right-of-way line of any existing or proposed major thoroughfare.

b.

Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.

(4)

Commercially used outdoor recreational space for children's amusement parks, miniature golf courses, subject to the following:

a.

Children's amusement parks must be fenced on all sides with a four-foot wall or fence.

b.

Adequate parking shall be provided off the road right-of-way and shall be fenced with a four-foot six-inch wall or fence.

(5)

Automotive repair (minor) garages, gas stations, gas stations with convenience store, and service stations, subject to the following:

a.

A gas station, gas station with convenience store, service station, or automotive repair (minor) garage shall be located on a lot having not less than 140 feet of frontage along a major thoroughfare and having a minimum area of not less than 14,000 square feet.

b.

No gas station, gas station with convenience store, service station, or automotive (minor) repair garage shall be located nearer than 500 feet as measured from any point on the property line to any church, public or private school, or playground.

c.

All buildings, canopies, fuel pumps, and pump islands shall be located no closer than 40 feet to property zoned or used for residential purposes.

d.

All public restroom facilities shall be accessed from within an enclosed building.

e.

Pump island canopies shall be set back a minimum of 20 feet from any right-of-way line.

f.

Fuel pump islands shall be set back a minimum of 30 feet from any right-of-way line

g.

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists, and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 15 feet from any nonresidential lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any landscaped area, sidewalk, street, or adjoining property.

h.

Ingress and egress drives shall be a minimum of 30 feet and a maximum of 40 feet in width. No more than one such drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street.

1.

The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned or used for residential purposes.

2.

No driveway shall be located closer than 25 feet from the intersection of any public or private street right-of-way.

3.

No driveway shall be located closer than 30 feet, as measured along the property line, to any other access drive to the same site.

4.

Curb openings for access drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or adjacent to pedestrian crossings.

i.

Except for access drives, a curb of at least six inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property.

j.

The entire lot, excluding the area occupied by a building, shall be hard-surfaced with concrete or a plant-mixed bituminous material, or, if any part of the lot is not so surfaced, then that area shall be landscaped and separated from all paved areas by a six-inch concrete curb.

k.

Parking shall be provided according to the standards below in lieu of the standards of Section 78-571. A double-sided gas pump counts as two fueling stations.

1.

Gas station: One space per fueling station, plus one space per employee at largest shift, plus one stacking space per two fueling stations.

2.

Gas station with convenience store: one space per fueling station, plus one space per employee at largest shift, plus one stacking space per fueling station, plus one space for every 150 square feet of usable floor area in the convenience store.

3.

Service station: One space per fueling station, plus one space per employee at largest shift, plus two outdoor spaces per service bay, plus one space for every 200 square feet of usable floor area of any customer service/waiting area.

4.

Automotive repair garage: One space per employee at largest shift, plus two outdoor spaces per service bay, plus one space for every 200 square feet of usable floor area of any customer service/waiting area.

l.

Where a gas station, gas station with convenience store, service station, or minor automotive repair garage adjoins any property located in any residential zone, a decorative masonry wall six feet in height shall be erected and maintained along the common lot line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.

m.

Overhead doors shall not face residential districts or uses. The planning commission may modify this requirement upon determining that there is no reasonable alternative and that adequate screening has been provided.

n.

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.

o.

All lighting fixtures under the canopy shall be fully recessed into the canopy structure. A maximum illumination intensity of ten footcandles shall be permitted under the canopy.

p.

There shall be no external evidence of service and repair operations, in the form of dust, odors, or noise, beyond the interior of any automotive service building. Building walls facing any residential districts or uses shall be of masonry construction with soundproofing.

q.

The storage, sale, rental or display of new or used cars, trucks, trailers, and any other vehicles, vehicle components and parts, materials, commodities, supplies or equipment on the premises is prohibited except in conformance with the requirements of this section and chapter 78.

1.

Inoperable vehicles shall not be stored or parked outside of a gas station, gas station with convenience store, or service station.

2.

Inoperable vehicles may be stored or parked outside an automotive repair garage during hours of operation only.

3.

Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

r.

Accessory retail uses (e.g., convenience store) shall conform to any applicable standards for such uses, as specified in this section.

s.

A traffic impact study may be required by the planning commission.

(6)

Adult-regulated uses, pawnshops and tattoo parlors.

(7)

Self-storage facilities.

(8)

Temporary outdoor sales, including roadside stands.

(9)

Recreational vehicles storage.

(10)

Open air businesses and nurseries; plant materials.

(11)

Car wash, subject to the following:

a.

All car washes shall have a minimum lot area of 21,780 square feet (one-half acre).

b.

All car washes shall have a minimum front yard setback of 40 feet. All buildings shall maintain a 50-foot setback from any residential district or use.

c.

All washing activities shall be carried on within a fully enclosed building (or a covered vehicle bay for a self-service car wash).

d.

Automatic drying equipment shall be provided within the wash facility, or adequate drying area shall be provided at the wash facility exit.

e.

Vacuuming activities shall be permitted in the rear yard only provided such activities are located at least 50 feet from adjacent residentially zoned or used property.

f.

Parking shall be provided according to the standards below in lieu of the standards of section 78-571.

1.

Automatic car wash: Two spaces, plus one space per employee, plus, for each lane, 20 stacking spaces and two exit spaces.

2.

Self service car wash: Two spaces, plus one space per employee, plus, for each lane, three stacking spaces and one exit space.

g.

All maneuvering areas, stacking lanes, and exit aprons shall be located on the car wash parcel itself. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the car wash.

h.

Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley.

i.

Buildings should be oriented so that open bays, particularly for self-serve car washes, do not face onto adjacent streets or residentially zoned or used property unless screened by landscaping.

j.

Entrances and exits to a car wash shall not face residentially zoned or used property.

k.

Exit lanes shall be sloped to drain water back to the wash building or to drainage grates.

l.

Drains shall be provided at all entrances and exits to prevent surface drainage from flowing across public sidewalks or into the street right-of-way.

m.

Curb openings for drives shall not be permitted where such drive would create a safety hazard or traffic nuisance for other ingress and egress drives, traffic generated by other buildings or uses, or adjacent pedestrian crossings.

n.

A traffic impact study may be required by the planning commission.

(12)

Establishments dispensing, serving, or selling alcoholic beverages for consumption on the premises, including dining rooms, restaurants, and bar/lounges.

(13)

Accessory off-street parking and uses and accessory buildings customarily incidental to the permitted uses in subsections (1) through (12) of this section.

(14)

Smoke shops.

(15)

Uses similar to the uses in subsections (1) through (14) of this section as determined by the planning commission and subject to the purposes of this district.

(Ord. No. 54A, § 11.03, 11-11-1987; Ord. No. 266, § 5, 3-10-2004; Ord. No. 284, § 4, 4-11-2007; Ord. No. 315, § 2, 9-11-2013; Ord. No. 347, § 2, 10-16-2019)

Area, height, bulk and placement requirements for the C-2 district, unless otherwise specified, are as provided in article IV, division 2 of this chapter.

(Ord. No. 54A, § 11.04, 11-11-1987)

Site plan review requirements for the C-2 district shall be as provided in article II, division 5 of this chapter.

(Ord. No. 54A, § 11.05, 11-11-1987)

The I-1 limited industrial district is designed so as to accommodate wholesale activities, warehousing and light industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts. The I-1 district is so structured as to permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semifinished products from previously prepared material. In addition to these more intense uses, this area also permits uses related to art and artisan manufacturing, small scale retail, and personal services that are compatible with the more intense uses of the district and the surrounding neighborhood.

(Ord. No. 54A, § 12.01, 11-11-1987; Ord. No. 369, § 2, 6-12-2024)

In the I-1 limited industrial district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1)

Any use charged with the principal function of basic research, design and pilot or experimental project development when conducted within a completely enclosed building. The growing of any vegetation requisite to the conducting of basic research shall be excluded from the requirement of enclosure.

(2)

Any of the following uses:

a.

Warehousing and wholesale establishments.

b.

The manufacture, compounding, processing, packaging, or treatment of such products as, but not limited to, bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery; tool, die, gauge, and machining shops.

c.

The manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as, but not limited to, bone, canvas, cellophane, cloth, cork, elastomers, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, rubber, precious or semiprecious metals or stone, sheet metal, shell, textiles, tobacco, wax, wire, wood, and yarns.

d.

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

e.

Manufacture of musical instruments, toys, novelties and metal or rubber stamps, or other molded rubber products.

f.

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios, phonographs and television.

g.

Laboratories; experimental, film, or testing.

h.

Manufacturing and repair of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves, and the like.

(3)

Central dry cleaning plants or laundries.

(4)

Nonaccessory signs, limited by the current sign ordinance regulations.

(5)

Kennel, commercial or noncommercial.

(6)

Health and personal fitness facilities, subject to the following conditions:

a.

The facility may not operate between the hours of 9:00 p.m. and 6:00 a.m.

b.

Outdoor activities are not permitted before 8:00 a.m. nor after 7:00 p.m.

(7)

Uses which are similar to the uses in subsections (1) through (6) of this section.

(8)

Retail cold storage establishments.

(9)

Storage of materials or goods to be sold at retail.

(10)

Veterinarian offices.

(11)

Any personal service establishment which performs services on the premises for persons residing in adjacent residential areas.

(12)

Restaurants, except drive-in restaurants and not including the dispensing, serving, or selling of alcoholic beverages for consumption on site.

(13)

Outdoor cafes or seating areas.

a.

Outdoor seating areas may be permitted on private property. The outdoor seating area must be immediately adjacent to the associated restaurant or food establishment.

b.

Outdoor seating areas shall be required to be enclosed in instances where there is wait staff or alcohol service. For the purpose of the section, an enclosure is a decorative wood or metal railing or other decorative removable physical delineation, approved by the city manager. Access to the outdoor seating area will be restricted to patrons only.

c.

Outdoor seating shall be permitted only during normal business hours between March 15 and November 1. In no case shall an outdoor seating area operate between the hours of 11:00 p.m. and 7:00 a.m. There will be no outdoor storage of portable or temporary tables, chairs, or other equipment from November 2 to March 14.

d.

The outdoor seating area shall be kept free of litter and debris, and with a well-kept appearance within and immediately adjacent to the area of tables and chairs. Additional outdoor waste receptacles may be required. Written procedures for required maintenance services, such as cleaning and waste containment and removal responsibilities must be included with all applications and approved by the planning commission.

e.

There shall be no loudspeakers located in or in conjunction with an outdoor seating area and all other noise shall be controlled so as to not be audible more than ten feet from the outdoor seating area. All lighting must be shielded to prevent glare on adjacent roadways and protect abutting parcels.

f.

The capacity of the outdoor seating area shall be provided by the applicant and verified by the city manager. The entire seating area for the establishment will be calculated including the proposed outdoor seating. The establishment must provide for the required number of parking spaces consistent with the restaurant parking standard in section 78-571.

g.

A sign must be posted stating "No food or beverages allowed beyond this point." Additional signs associated with the outdoor seating area are prohibited.

h.

Any outdoor seating areas shall be completely screened from view of all single-family residential properties by an obscuring wall or landscape buffer, unless the outdoor seating area is separated by a public road, public alley, or public parking area.

i.

Vending machines and other similar products shall be prohibited in all outdoor seating areas.

j.

Preparation of food and beverages shall be prohibited in any outdoor seating area. The sale and consumption of alcohol are governed by the Michigan Liquor Control Act and local ordinance. Additionally, such seating areas must include food service if they are intending to provide the sale and service of alcoholic beverages.

k.

A minimum of five feet of sidewalk along the curb and leading to the entrance to the establishment must be maintained free of tables and other encumbrances, in accordance with the provisions of the national Americans with Disabilities Act (ADA) and Michigan barrier-free requirements. If the sidewalk is not wide enough to allow for a five-foot wide clearance for circulation, the outdoor seating area shall not be permitted.

l.

Outdoor seating shall be subject to applicable city, county and state requirements.

(14)

Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers, executive, administrative, professional and business services, and similar or allied professions.

(15)

Offices and showrooms of plumbers, electricians, decorators or similar trades. All assembly, fabrication, modification, [and] storage of materials shall be within the confines of the building or part thereof occupied by such establishment.

(16)

Post office and other governmental administrative office buildings.

(17)

Newspaper offices, printing facilities less than 10,000 square feet in area.

(18)

Art gallery.

(19)

Artisan manufacturing.

(20)

Retail uses which have an industrial character in terms of either their outdoor storage requirements of activities, such as, but not limited to, lumberyards, building materials outlets, garage sales, upholsterers, cabinetmaker; outdoor boat, recreational vehicle sales or service; house trailer sales; automobile or agricultural or construction implement sales.

(21)

Automobile detailing shop, provided that off-street parking shall be available and provided at the rate of one space per employee, plus three outdoor spaces per service bay, plus one space for every 200 square feet of usable floor area of any customer service/waiting area.

(22)

Accessory off-street parking and buildings and uses customarily incident to the permitted uses in subsections (1) through (7) of this section.

(Ord. No. 54A, § 12.02, 11-11-1987; Ord. No. 284, § 5, 4-11-2007; Ord. No. 355, § 3, 3-10-2021; Ord. No. 363, § 2, 6-28-2023; Ord. No. 369, § 2, 6-12-2024)

The following uses are permitted in the I-1 district after special approval subject to article II, division 6, of this chapter after review and approval of the use and a site plan by the planning commission, after a public hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the planning commission:

(1)

Storage and transfer, and electric and gas service buildings and yards. Public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations. Water supply and sewage disposal plants. Water and propane tank holders. Railroad transfer and storage tracks. Railroad rights-of-way.

(2)

Lumber and planting mills when completely enclosed and when located in the interior of the district so that no property line shall form the exterior boundary of the I-1 district.

(3)

Metal plating, buffering and polishing.

(4)

Reserved.

(5)

Railroad buildings, loading and storage facilities, and off-street vehicular parking.

(6)

Automobile detailing shop, subject to the following:

a.

Off-street parking shall be provided at the rate of one space per employee, plus three outdoor spaces per service bay, plus one space for every 200 square feet of usable floor area of any customer service/waiting area.

(7)

Automotive repair garages (major repair), subject to the following:

a.

A major automotive repair garage shall be located on a lot having not less than 140 feet of frontage along a major thoroughfare and having a minimum area of not less than 14,000 square feet.

b.

No major automotive repair garage shall be located nearer than 500 feet as measured from any point on the property line to any church, public or private school, or playground.

c.

All buildings and structures shall be located no closer than 40 feet to property zoned or used for residential purposes.

d.

All public restroom facilities shall be accessed from within an enclosed building.

e.

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists, and pits shall be enclosed entirely within a building.

f.

Ingress and egress drives shall be a minimum of 30 feet and a maximum of 40 feet in width. No more than one such drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street.

1.

The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned or used for residential purposes.

2.

No driveway shall be located closer than 25 feet from the intersection of any public or private street right-of-way.

3.

No driveway shall be located closer than 30 feet, as measured along the property line, to any other access drive to the same site.

4.

Curb openings for access drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or adjacent to pedestrian crossings.

g.

Except for access drives, a curb of at least six inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property.

h.

The entire lot, excluding the area occupied by a building, shall be hard-surfaced with concrete or a plant-mixed bituminous material, or, if any part of the lot is not so surfaced, then that area shall be landscaped and separated from all paved areas by a six-inch concrete curb.

i.

Parking shall be provided, in lieu of the standards of section 78-571, at the rate of one space per employee, plus two outdoor spaces per service bay, plus one space for every 200 square feet of usable floor area of any customer service/waiting area.

j.

Where a major automotive repair garage adjoins any property located in any residential zone, a decorative masonry wall six feet in height shall be erected and maintained along the common lot line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.

k.

Overhead doors shall not face residential districts or uses. The planning commission may modify this requirement upon determining that there is no reasonable alternative and that adequate screening has been provided.

l.

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.

m.

All lighting fixtures under any canopy shall be fully recessed into the canopy structure. A maximum illumination intensity of ten footcandles shall be permitted under the canopy.

n.

There shall be no external evidence of service and repair operations, in the form of dust, odors, or noise, beyond the interior of any automotive service building. Building walls facing any residential districts or uses shall be of masonry construction with soundproofing.

o.

The storage, sale, rental or display of new or used cars, trucks, trailers, and any other vehicles, vehicle components and parts, materials, commodities, supplies or equipment on the premises is prohibited except in conformance with the requirements of this section and chapter.

1.

Inoperable vehicles may be stored or parked outside an automotive repair garage during hours of operation only.

2.

Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

p.

Accessory retail uses shall conform to any applicable standards for such uses, as specified in this section.

q.

A traffic impact study may be required by the planning commission.

(8)

Establishments dispensing, serving, or selling alcoholic beverages for consumption on site.

(9)

Clinics and hospitals.

(10)

Private clubs or lodge halls.

(11)

Theaters.

(12)

Bowling alleys.

(13)

Pool or billiard parlors or clubs.

(14)

Commercially used outdoor recreational space for children's amusement parks, mini golf.

a.

Children's amusement parks must be fenced on all sides with a four-foot wall or fence.

b.

Adequate parking shall be provided off the road right-of-way and shall be fenced with a four-foot six-inch wall or fence.

(15)

Water supply and sewage disposal plants, water and propane tank holders, railroad transfer and storage tracks, railroad rights-of-way.

(16)

Accessory off-street parking and buildings and uses customarily incidental to any of the permitted uses in subsections (1) through (15) of this section.

(17)

Uses similar to the uses in subsections (1) through (15) of this section, as determined by the planning commission.

(Ord. No. 54A, § 12.03, 11-11-1987; Ord. No. 258, § 1, 5-9-2001; Ord. No. 266, § 6, 3-10-2004; Ord. No. 284, § 6, 4-11-2007; Ord. No. 297, § 1, 5-12-2009; Ord. No. 363, § 3, 6-28-2023; Ord. No. 369, § 2, 6-12-2024)

Area, height, bulk and placement requirements for the I-1 district, unless otherwise specified, are as provided in article IV, division 2 of this chapter.

(Ord. No. 54A, § 12.04, 11-11-1987; Ord. No. 369, § 2, 6-12-2024)

Site plan review requirements for the I-1 district shall be as provided in article II, division 5 of this chapter.

(Ord. No. 54A, § 12.05, 11-11-1987; Ord. No. 369, § 2, 6-12-2024)

Advances in industry and technology have created uses which are related to industry and office uses, but may not be appropriate or function adequately in a typical industrial or office zoning district. These uses have been identified as "high tech" uses. The purpose of the PTD, planned technology and research development district, is to provide an environment where high tech uses and functions such as engineering, design, research and development, photonics/optics, computer-assisted design, robotics research, numerical control equipment (CAD/CAM), prototype development and limited manufacturing, biotechnology, lasers, medical research, food and materials testing, telecommunications, and related storage, warehousing and limited assembly operations associated with principal permitted uses can be located.

It is the intent of these regulations to permit planned technology and research development for the purpose of encouraging innovation in land use planning and development; achieving a higher quality of development than would otherwise be achieved; encouraging infill development on sites that would be difficult to develop according to conventional standards because of the shape, size, abutting development; accessibility, or other features of the site; providing employment opportunities for residents; providing a development framework that promotes appropriate business activity that significantly improves the economic vitality of the city; ensuring compatibility of design and function between neighboring properties; and encouraging development that is consistent with the city's master plan.

It is also the intent of the planned technology and research district overlay to permit low intensity high tech uses to provide a transition between high intensity commercial uses found on major arterials such as Orchard Lake Road and more sensitive residential neighborhoods.

The overlay district regulations are not intended as a device for ignoring the more specific standards in the zoning ordinance, or the planning upon which the standards are based. Rather, these provisions are intended to result in development that is substantially consistent with the zoning standards generally applied to the proposed uses, but allowing for modifications to the general standards to assure a superior quality of development.

(Ord. No. 255, § 2, 12-6-2000)

To be eligible for the planned technology and research development district overlay zoning designation, the applicant must demonstrate that the following criteria will be met:

(a)

The underlying zoning shall be either C-1 neighborhood commercial, C-2 general commercial or I-1 limited industrial.

(b)

The proposed development should provide a transition between commercial uses and single family residential uses.

(c)

The planned development shall result in a recognized and substantial benefit to the ultimate users of the project and to the community.

(d)

The site shall have a minimum frontage of 200 feet along a public street or road. The minimum size of a parcel that is developed as a planned technology and research development district shall be two acres.

(e)

The proposed type and density of use shall not result in an unreasonable increase in the use of public services, facilities and utilities.

(f)

The proposed development shall be generally consistent with the goals and policies contained in the master plan of the city.

(g)

The proposed development shall be consistent with the purpose and intent of the planned technology and research development district regulations.

(h)

The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the zoning ordinance.

(i)

The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with the planned technology and research development district regulations. This provision shall not prohibit a transfer of ownership or control, provided that notice of such transfer is given immediately to the city.

(Ord. No. 255, § 2, 12-6-2000)

All uses permitted in this district shall be constructed and conducted wholly within a building in accordance with the standards of this article and limited to those listed on the approved site plan, and no other uses shall be permitted unless the appropriate plans are amended in accordance with this chapter. The following specific uses are permitted under the PTD overlay district:

(a)

Corporate headquarters offices, administrative, professional, and/or business offices of permitted principal uses, legal, engineering, surveying, accounting, architectural, and similar professional offices.

(b)

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

(c)

Educational and design facilities whose principal function is the research and development of new products and processes and technical training.

(d)

Technological, medical and dental clinics; medical, optical, pharmaceutical and dental laboratories.

(e

Data processing and computer centers, including incidental service and maintenance of electronic data processing.

(f)

Any use charged with the principal function of research in the areas of photonics/optics, robotics, and electronic equipment.

(g)

A high technology service activity which has as its principal function the providing of services including computer, information transfer, communication, distribution, processing, administrative, laboratory, experimental, developmental, technical, or testing services.

(h)

A high technology industrial activity which has as its principal function limited manufacture for the purposes of one-time prototype production, robotics, biological or pharmaceutical research, or technology oriented or emerging industrial or business activity not involving any heavy and/or volume manufacturing.

(Ord. No. 255, § 2, 12-6-2000)

Generally, the standards of the underlying zoning district will apply; however, the planning commission and the city council may approve departures from the regulations to encourage flexibility and creativity consistent with the planned development concept. Flexibility may be provided for lot dimensional standards; setback requirements may be permitted only if they will result in a higher quality of development than would be possible without the modifications. The following regulations shall also apply:

(a)

[Open space:] At least 20 percent of the site area must be left as open space, free of impervious surfaces. Significant vegetation acid natural features shall be preserved.

(b)

[Underground utilities:] All utilities serving the site shall be placed underground wherever feasible.

(c)

Nuisance activities: All operations shall be conducted so as not to allow a noise, odor, fumes, dust, smoke, glare or radioactive material exceeding the limits set forth in nuisance activities, section 78-627. In no case shall such impacts be detectable from districts in which residence occupancy is permitted within the City of Sylvan Lake.

(d)

Yard grading and drainage: All yards in PTD, planned technology and research district, shall be graded in a manner which shall avoid the ponding of stormwater unless said conditions have been designed to occur as part of a storm detention plan which has been approved by the City of Sylvan Lake and such grading shall comply with the engineering design standards for the City of Sylvan Lake. A detailed grading plan shall be submitted by the builder and shall be approved by the City of Sylvan Lake prior to issuance of a permit.

(e)

Hours of operation: The hours of operation of businesses located on the site shall be established to reasonably eliminate disturbance to adjacent residential areas. The planning commission may impose additional restrictions on the hours of operation depending on the proposed operators.

(f)

Emergency access: All buildings shall be readily accessible by fire and emergency vehicles and shall comply with the city fire prevention ordinance.

(g)

[Sidewalks:] Sidewalks shall be provided within the interior of the project boundaries. Interior walks shall be minimum four feet in width except where such walks directly abut a parking area. In cases where sidewalks abut a parking area, the minimum width required shall be six feet. All sidewalks shall conform to the standards as established by the city council.

(h)

[Lighting:] Lighting shall be provided in an amount which shall be sufficient to permit safe movement of vehicles and pedestrians at night. The lighting shall be high pressure sodium and shall be so located and designated as to reflect light away from adjacent single-family residential areas.

(i)

[Trash removal:] The method of trash removal shall be presented to the planning commission for approval. If dumpsters or compactors are proposed, they shall be located within the building.

(j)

[Fences:] Fences and screen walls shall require review and approval by the planning commission as a part of the site plan approval. In a PTD planned technology and research district, the following shall apply in regards to fencing:

1.

No fence shall be built closer to the street than the established front building line along said street or in front of the building closest to the street on the fenced premise.

2.

All fences visible from a public road, private road easement, or adjacent property shall be of a decorative nature consisting of brick or wrought iron type fending with landscaping. The planning commission may modify this requirement based on the specifics of an individual development.

(k)

Landscaping: Creativity in landscaping is encouraged. All parking or loading areas that are visible from a public road, private road easement, or adjacent property shall be suitably screened with a combination of berms, evergreen and deciduous trees and shrubs, and ornamental plant material. At a minimum, all landscaping shall conform to section 78-632, Time limit for landscaping requirements and plant materials, buffer strip standards and right-of-way planting.

(l)

[Parking and loading:] All parking and loading areas shall be located to the rear or side of the principal building(s) as approved by the planning commission.

(m)

[Exterior equipment:] All exterior equipment including tanks, heating and air conditioning equipment, vents, ducts, pipes and other similar apparatus shall be screened from view from off site by a penthouse or structure equal in height to the height of the equipment being screened. The outside finish of such penthouse or structure shall be the same as, or complimentary to, the finish material on the facade of the building to which it is attached. The planning commission may modify this requirement based on the specifics of an individual development.

(n)

[Truck routes:] The application shall indicate the type of trucks expected to service the site. The use of tractor-trailers for delivery to the site shall only be permitted on class A roads. A truck circulation diagram indicating access points, turning movements, and typical on-site truck circulation shall be approved at the time of site plan approval.

(o)

Buffer strips: A minimum landscape planting area 30 feet deep shall be provided along the front and perimeter of the development landscaped according to subsection 10 above.

(p)

[Trees:] In the interest of tree preservation, all trees more than six inches in diameter measured five feet from the ground shall be surveyed and included on the proposed site plan. The site plan shall clearly indicate what trees are to be removed. Removed trees must be replaced using a tree species and caliper acceptable to the planning commission. The planning commission may waive these requirements depending on the specifics of an individual proposal.

(q)

[Hazardous materials:] Protective measures for the containment of hazardous materials used on site shall be required. Such measures can include the following: secondary containment for above ground storage and loading and unloading areas, blocking of interior floor drains, or any other measures deemed necessary by the planning commission.

(Ord. No. 255, § 2, 12-6-2000)

The review process for PTA approval shall include the following steps:

(a)

An optional pre-application workshop with the planning commission may be requested by the applicant to discuss:

1.

Whether a site and development proposal are likely to meet the standards for PTD zoning;

2.

Conceptual site layout and design elements; and

3.

Application requirements.

(b)

PTD review shall be initiated by submittal of an application for PTD overlay zoning. The application shall include the following:

1.

A completed application form as approved by the city and payment of an application fee in an amount as established by city council resolution.

2.

A complete site plan containing all information required for a typical site plan under section 78-144.

3.

A written statement outlining any proposed departures from ordinance requirements, as provided for in section 78-514.

4.

A written statement indicating how the project satisfies the PTD eligibility criteria in section 78-512, and permitted uses in section 78-513.

5.

A draft PTD agreement in recordable form, which shall include terms and conditions of the PTD overlay zoning approval, all of which shall be binding upon all owners and occupiers of the land and shall run with the land.

6.

Proof of current ownership of the land or evidence of a contractual ability to acquire such land, such as a purchase option or agreement, and the authority to enter into the agreement mentioned in section 78-516.

(c)

The PTD application shall be reviewed first by the planning commission, who shall hold a public hearing, giving notice as required for a rezoning case. Following the public hearing, the planning commission shall recommend approval, approval with conditions, or denial of the PTD application, in accordance with section 78-515, as well as normal site plan and rezoning review procedures. The planning commission may table deliberation until such time as the applicant has submitted revisions to the materials contained in the application package. Those revisions shall reflect modifications based on the concerns of the planning commission and the public.

(d)

Following receipt of the planning commission's recommendation, the city council shall review the PTD application, together with the findings of the planning commission and reports and recommendations from consultants and other agencies, and shall approve, approve with conditions, or deny the PTD application.

(e)

Approval of the PTD application shall constitute an amendment to the zoning chapter as well as site plan approval. The PTD plan and written agreement setting forth conditions upon which the PTD approval was based, shall constitute an inseparable part of the zoning chapter.

(f)

If the PTD application was approved, no other use may be made of the property except as permitted by the PTD site plan and the written agreement.

(Ord. No. 255, § 2, 12-6-2000)

The PTD agreement which is a part of the final PTD overlay application, shall include all of the requirements specified in this section. After the agreement is approved and executed, it shall be recorded in the office of the Oakland County register of deeds at the expense of the applicant.

(a)

The agreement shall set forth the permitted uses within the PTD, including the preliminary plan for development and improvement of the site.

(b)

The agreement shall set forth the conditions upon which the approval is based, including phasing requirements, requirements for on-site improvements and contributions to required improvements to public facilities.

(c)

When open space or common areas are indicated in the PTD plats, such areas shall be conveyed in fee or committed by dedication to an association of the residents.

(d)

The agreement shall set forth a program and financing for maintaining common areas and features such as, but not limited to, walkways, signs, lighting, parking areas and landscaping, etc.

(e)

The agreement shall establish architectural standards and requirements for building elevations and building materials.

(f)

The agreement shall assure that trees and woodlands will be preserved as shown on the site plan, or replaced on a caliper for caliper basis or as required by the city's tree protection ordinance and/or regulations.

(g)

The agreement shall assure the construction and maintenance of all streets and utilities (including public water, storm water, waste water, collection and treatment). Such assurance may include bonds or other financial guarantees and the establishment of a condominium or property owner's association with appropriate assessments to ensure the ongoing maintenance of all roads, storm drainage improvements, landscaping and all other common areas. If private roads are proposed, the association or condominium documents shall include provisions for a sinking or reserve fund to pay for the long-term maintenance and reconstruction of roads.

(h)

The agreement shall address any other concerns of the city regarding construction and maintenance of roads and common area improvements.

(i)

The agreement may include specific terms or conditions regarding the expiration or revocation of the PTD zoning designation.

(j)

The agreement shall state that the agreement shall not be effective until the agreement is recorded in the office of the Oakland County register of deeds and a certified copy of the recorded agreement has been delivered to the city.

(Ord. No. 255, § 2, 12-6-2000)

(a)

If the planning commission determines that a proposed modification to an approved site plan, subdivision plat or final condominium plan significantly alters the intent and conditions of PTD approval, a revised PTD application shall be submitted for review according to the procedures outlined in section 78-515.

(b)

If the proposed change is determined to not significantly alter the intent and conditions of the PTD, the change shall be reviewed as an amendment to the site plan, plat, or condominium plan as provided for by applicable ordinances, and the PTD agreement shall be amended and recorded accordingly.

(Ord. No. 255, § 2, 12-6-2000)

(a)

The zoning board of appeals shall have the authority to hear and decide appeals by the property owner for variances from the zoning chapter regulations. However, the zoning board of appeals shall not have the authority to change conditions, or make interpretations to the PTD site plan or written conditions, which right is reserved to the city council.

(b)

Any violation or deviation from the approved PTD site plan or written conditions, except as authorized in this zoning chapter, shall be considered a violation of division 11 and treated as a violation of this chapter 78. Further, any such deviation may be grounds to invalidate the PTD designation.

(Ord. No. 255, § 2, 12-6-2000)

The provisions of this section are intended to provide standards for the submission, review, and approval of an application for a planned unit development (PUD) to be reviewed and authorized under section 503 of the Michigan Zoning Enabling Act, Act 110 of 2006, MCL 125.3503. It is the intent of this section to authorize the use of planned unit development in areas designated as Sylvan East on the city's future land use map and are zoned C-2.

As provided further below, the applicant for PUD approval must demonstrate that the proposed development represents an innovative, unified, planned approach to developing the site that would result in a significantly higher quality of development, the mitigation of potentially negative impacts of development, or more efficient development than conventional development will allow, in accordance with the specific standards provided in this division.

The PUD is not intended to avoid the imposition of standards and requirements of the underlying district. Rather, flexibility is permitted so that the PUD plan provides advantages to both the developer and the city.

A PUD plan is a discretionary, optional form of development only upon terms and conditions agreeable to the city, and is subject to approval by the city council, following a recommendation by the planning commission. The provision of this option imposes no obligation upon the city to foster or encourage its use. The city council retains authority to determine if a PUD is appropriate for a particular development site and the sole discretion whether to approve the use of this option.

(Ord. No. 346, § 1, 11-13-2019; Ord. No. 372, § 2, 7-31-2024)

The following provisions shall apply to all PUD projects:

(1)

Unified control. The planned unit development shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.

(2)

Recognizable benefit. The applicant shall demonstrate that the PUD provides as many of the following site design elements as the city determines to be appropriate under the circumstances of the proposed development that could not be attained through a project designed under conventional zoning:

a.

Establishment of a mixed-use development with residential and nonresidential uses or a variety of housing types;

b.

Redevelopment of brownfield or greyfield sites;

c.

Pedestrian/transit-oriented design with buildings oriented to the sidewalk and parking to the side or rear of the site;

d.

Enhancement of the aesthetic appearance of the city through high-quality building design and site development beyond the site plan requirements of this chapter;

e.

Extensive landscaping beyond the site plan requirements of this chapter;

f.

Preservation, enhancement, or restoration of natural resources (trees, slopes, nonregulated wetland areas);

g.

Preservation or restoration of historic resources;

h.

Provision of open space or public plazas or features;

i.

Use and improvement of existing sites when the uniform regulations contained in the underlying zoning district alone do not provide adequate protection and safeguards for the site or its surrounding areas or where the current ordinances do not permit flexibility to consider redevelopment, replacement, or adaptive reuse of existing structures or sites;

j.

Effective transition between higher and lower density uses, and/or between nonresidential and residential uses or between incompatible adjacent land uses proposed to be developed in a manner that is not possible using a conventional approach;

k.

Shared vehicular access between properties or uses;

l.

Provision of a public improvement that would not otherwise be required to further the public health, safety, and welfare, protect existing or planned uses, or alleviate or lessen an existing or potential problem relating to public facilities (such as road improvements or the relocation of overhead utilities);

m.

Significant use of sustainable building and site design features such as: Water use reduction, water-efficient landscaping, innovative wastewater technologies, low impact stormwater management, optimize energy performance, on-site renewable energy, passive solar heating, reuse/recycled/renewable materials, indoor air quality or other elements identified as sustainable by established groups such as the U.S. Green Building Council (LEED) or ANSI National Green Building Standards.

n.

Permanent establishment of land use patterns that are compatible with or will protect existing or planned uses, which may include the limitation of the permissible uses of the property.

o.

Innovation in land use, form of ownership, and variety in design, layout, and type of structures constructed.

p.

Other benefits as determined by the city.

(3)

Compatibility with adjacent uses. The proposed location of uses or structures that are of a significantly different scale or character than the abutting residential districts, such as access drives, parking areas, waste receptacles, swimming pools, tennis courts and facilities of a similar nature, shall not be located near the perimeter of the PUD, unless adequately screened and buffered, or so as to negatively impact the residential use of adjacent lands.

(4)

Public utilities. All uses within the PUD shall be served by public water and sewer systems.

(5)

Master plan. The proposed PUD shall be consistent with the City of Sylvan Lake Master Plan.

(Ord. No. 346, § 1, 11-13-2019; Ord. No. 372, § 2, 7-31-2024)

The uses permitted in the PUD shall include the uses permitted by right, and special land uses in the R-3 and C-1 zoning districts. Other uses, however, may be permitted upon a finding by the city council, upon recommendation by the planning commission, that such uses will be appropriate and compatible with the uses proposed for the development and with surrounding uses. The city council may permit additional uses to create an integrated, mixed-use development based upon the recommendations of the City of Sylvan Lake Master Plan. Approval of a PUD shall include the specific identification of the uses permitted within the PUD, and only those uses so approved shall be permitted. Mixed-use PUDs shall include commercial uses intended to serve the local area. Large, single-use office buildings are discouraged. Office uses are encouraged to be only within mixed-use buildings located along Orchard Lake Road. Industrial uses are prohibited.

(Ord. No. 346, § 1, 11-13-2019; Ord. No. 372, § 2, 7-31-2024)

(1)

Development standards. The following standards apply to all components of the PUD:

a.

Residential density. The dwelling unit density of the PUD shall be based on the density standards for one-bedroom dwellings in the R-3 district. The density for residential uses shall be based on the total acreage of the subject parcel, although units may be clustered subject to subsection c. below.

b.

Dimensional and parking standards. For residential uses, the dimensional and parking standards for the R-3 district shall apply. For nonresidential uses, the dimensional and parking standards for the C-1 district apply.

1.

For all uses. Parking lots shall not occupy more than 25 percent of the full width of the PUD area along Orchard Lake Road. Perimeter parking lots along public streets are discouraged in favor of buildings that contribute to the adjacent streets' urban design quality.

2.

Bicycle parking. For multiple-family residential uses, bicycle parking shall be provided at a rate of one space per four dwelling units and covered bicycle storage facilities for securing bicycles shall be provided for a minimum of ten percent of the number of vehicular parking spaces provided. For nonresidential uses, bicycle parking shall be provided at a rate of one space per every 20 vehicular parking spaces.

c.

Design guidelines. Development shall be of high quality design and materials and shall demonstrate compliance with the following standards:

1.

Development should respect the scale and character of adjacent homes and neighborhoods.

2.

Buildings should have a well-defined base, middle, and top to reduce apparent building height and bulk, and provide architectural interest. Patios, upper-floor balconies, roofline changes, and overhangs are encouraged.

3.

Primary facades and building entrances should be provided along public streets, open space areas, and other pedestrian-oriented circulation areas, with walkways provided from these areas to building entrances.

4.

Building corners adjacent to public streets should be emphasized with changes in architectural massing, height, roofline treatment, materials, or transparency.

5.

High-quality, durable materials should be used for all buildings. Masonry, metal, and glass facade materials are strongly encouraged. Vinyl siding and synthetic stucco/E.I.F.S. shall not constitute more than ten percent of facade materials on any one facade due to their lack of durability.

6.

Ground floor storefronts should have a transparent appearance with substantial non-tinted glass areas along public streets.

7.

Buildings should include features that add depth, shadow, and architectural interest, such as balconies, recesses, cornices, bay windows, and step-backs at upper floors, consistent with the building's style and scaled for pedestrians.

8.

Balconies, decks, and patios facing public streets or pedestrian ways that are large enough to accommodate boxes, bicycles, and similar stored materials should provide solid walls on the lower portions of surrounding railings. Fully open railings are acceptable for smaller decks and balconies that are less likely to be used for storage.

9.

Pedestrian access between residential buildings and adjacent commercial and residential areas shall be provided to enhance mobility and connectivity within and around the city.

(2)

Screening and buffering. The city council may require greater yards or additional screening measures deemed necessary to avoid or reduce adverse impacts on adjacent land and to protect nearby residential neighborhoods.

(3)

Open space. Not less than 20 percent of the total PUD site shall be devoted to open space. Open space may include common private open space or public recreation area or open space outside of the required setbacks and yards as required in article IV. Private yards or required yards and setbacks for commercial or residential structures may not be counted toward this open space requirement.

(4)

Deviations from standards. The planned unit development tool may offer flexibility from the standards of the ordinance in exchange for a project that better meets the standards for approval in subsection c. below and the standards for approval in section 78-524, including the qualifying criteria listed in section 78-520(2), if such deviations satisfy the conditions provided below:

a.

Any deviation from these standards shall be consistent with the city's master plan and shall be justified by documentation provided by the applicant in a form acceptable to the planning commission and city council. Such documentation may include a written justification, analysis, and/or data necessary to justify the deviation to the satisfaction of the planning commission and city council.

b.

In granting the deviation or relaxation of any district standard for a PUD, the city council may require the applicant to demonstrate through bona fide documentation that the project will not be detrimental to the public health, safety or welfare of the future occupants of the PUD, the surrounding neighborhood, or the city as a whole. Such documentation may include but is not limited to, traffic impact studies, environmental impact studies, market needs assessments, infrastructure impact studies, and any other such reports or studies.

c.

The granting of deviations may be recommended by the planning commission and approved by the city council if the applicant can establish that:

1.

If the deviation were not granted, the development would not be able to provide an enhancement to the area that is in the public interest; and

2.

Approving the deviation would be consistent with the master plan and the surrounding area; and

3.

Approving the deviation would result in a recognizable and material benefit to the ultimate users of the property and to the city as a whole, including, but not limited to, those qualifying criteria listed in section 78-520 above.

(Ord. No. 346, § 1, 11-13-2019; Ord. No. 372, § 2, 7-31-2024)

(a)

Preapplication review. A pre-application workshop with the planning commission is required to discuss the appropriateness of a PUD concept, solicit feedback and receive requests for additional materials supporting the proposal. An applicant desiring such a workshop shall request placement on the planning commission agenda.

(b)

PUD plan submission. An application shall be made in the form and manner determined by the city, which shall include a PUD Plan that shall be a schematic land use plan containing enough detail to explain the function of open space; the location of land use areas, streets providing access to the site, pedestrian and vehicular circulation within the site; dwelling unit density and types; and buildings or floor areas contemplated and a plan for the protection of natural features, if any. At a minimum, the PUD Plan shall include the following:

(1)

A boundary survey of the exact acreage being requested done by a registered land surveyor or civil engineer (scale not smaller than one-inch equals 100 feet).

(2)

A topographic map of the entire area at a contour interval of not more than two feet. This map shall indicate all major stands of trees, bodies of water, wetlands, and unbuildable areas (scale: not smaller than one-inch equals 100 feet).

(3)

A proposed land-use plan indicating the following at a scale no smaller than one inch equals 100 feet:

a.

Land use areas represented by the zoning districts enumerated in this chapter.

b.

Vehicular circulation, including major drives and location of vehicular access. Preliminary proposals as to cross-sections and as to public or private streets shall be made.

c.

Transition treatment, including minimum building setbacks to land adjoining the PUD and between different land-use areas within the PUD.

d.

The general location of buildings and parking areas, estimated floor areas, building coverage, and the number of stories or height.

(c)

Planning commission review. After the pre-application conference and upon receipt of an application for purposes of a PUD plan submittal, the application shall be referred to the planning commission for a public hearing and recommendation. The PUD plan shall include all the information required for site plan approval, as set forth in this ordinance.

The planning commission shall hold a public hearing on the application and shall consider the application in accordance with the requirements of this division. Following such review, the planning commission shall provide its report and recommendation to the city council. In making its recommendation to the city council, the planning commission shall determine whether the PUD plan meets the standards for qualification and approval set forth in section 78-524.

(d)

City council review. Following a recommendation by the planning commission, the PUD plan shall be placed on an agenda of the city council, and the city council shall conduct a public hearing. In making its review, the city council shall follow the standards and guidelines applicable to a PUD project as set forth in section 78-524. After review of the planning commission's recommendation, consideration of the input received at the public hearing, and other information relative to the PUD application, the city council may deny the application, grant the application, or grant the application with conditions. When such approval is given, it shall be tentative, and the city council shall instruct the city's legal counsel to prepare a contract, which shall incorporate the PUD plan and specify the terms, conditions, and provisions upon which the approval is based. The agreement shall provide at a minimum:

(1)

A legal description of the property comprising the proposed development.

(2)

The manner of ownership of the developed land.

(3)

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

(4)

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

(5)

Provisions to provide for the future financing of any improvements shown on the plan for site improvements, open space areas, and common areas that are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the planning commission.

(6)

Provisions to ensure the cost of installing, improving, and maintaining streets and the necessary utilities have been assured by a means satisfactory to the city.

(7)

Provisions to ensure adequate protection of natural features.

(8)

Provisions relating to the approved use(s) of the property and any conditions imposed by the city with regard to such use.

(9)

Other terms and conditions necessary in the city's opinion to assure compliance with the city's code of ordinances and the PUD plan being approved.

(10)

The PUD plan shall be incorporated by reference and attached as an exhibit.

After approval of the contract by resolution of the city council, the contract shall be executed by the city and the applicant and recorded in the office of the Oakland County Register of Deeds. Final approval of the PUD plan shall be effective upon recording. The physical development of the site shall be in accordance with the approved PUD plan.

(Ord. No. 346, § 1, 11-13-2019)

The following standards shall be considered by the planning commission and city council when reviewing the application and the proposed PUD plan:

(1)

The PUD project meets the qualification requirements of sections 78-520—78-522 above.

(2)

The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses.

(3)

The uses proposed will not adversely affect the public utilities and traffic circulation system, adjacent properties, or the environment.

(4)

The recognized public benefits of the project could not be achieved under the regulation of the underlying district alone.

The city may impose additional reasonable conditions: 1) to ensure that public services and facilities affected by a PUD will be capable of accommodating increased service and facility loads caused by the PUD; 2) to protect the natural environment and conserve natural resources and energy; 3) to ensure compatibility with adjacent uses of land; and 4) to promote the use of land in a socially and economically desirable manner.

(Ord. No. 346, § 1, 11-13-2019)

Approval of the PUD plan and PUD contract confirms only the entitlement to submit a site plan for the development of the property under the usual process for site plan approval under this chapter, including sections 78-141 through 78-149. Such site plan shall be in conformity with the PUD plan.

(Ord. No. 346, § 1, 11-13-2019)

Approval of the PUD plan by the city council shall be valid for two years from the date of approval. An extension up to an additional two years may be requested. The request must state the reasons for the extension and the request must be approved by city council.

(Ord. No. 346, § 1, 11-13-2019)

The zoning board of appeals shall not have the authority to hear and decide appeal requests by property owners for variances from the zoning ordinance. Any deviation from the approved PUD plan, except as authorized in this article, shall be considered a violation of the article and treated as a violation of the zoning ordinance. Further, any such deviation shall invalidate the PUD designation.

(Ord. No. 346, § 1, 11-13-2019)

Any modification to the approved PUD Plan shall require resubmittal to the planning commission for review. Modifications which do not significantly alter the intent of the PUD approval shall require only approval of the modified site plan by the planning commission. Should the planning commission determine that the modifications to the PUD concept plan significantly alter the intent of the PUD approval, a revised PUD Plan shall be submitted according to the procedures outlined above, including a full PUD submittal and review.

(Ord. No. 346, § 1, 11-13-2019)

For any site condominium within a PUD, the applicant shall provide a copy of the master deed and condominium association bylaws for approval by the city. The condominium documents shall provide limits on the use of common areas or open space for accessory structures such as swimming pools, decks, playground equipment, and buildings. A plan shall be provided indicating the limits of such accessory structures within a defined envelope.

(Ord. No. 346, § 1, 11-13-2019)

Editor's note— Ord. No. 346, § 1, adopted November 13, 2019, set out provisions intended for use as § 78-528. For purposes of classification, and at the editor's discretion, these provisions have been included as § 78-528.1.

The purpose of this district is to recognize that the residential areas along the lakefront of Sylvan Lake are at this point effectively fully-developed. However, some of the residential homes in certain areas of the city were constructed many years ago. The city has, as a result, been experiencing significant redevelopment in some areas along the lakefront. This has included not simply re-modeling or renovation of existing homes, but in some cases the complete demolition, removal, and reconstruction of existing homes.

While the city's zoning ordinance does include regulations establishing a setback from the lake of 30 feet, where the lots being redeveloped are deep and where the development pattern has resulted in an established line of homes and a character that includes a greater setback from the lake than would otherwise be required, the city believes that the existing setback requirements would be inadequate. Under the general setback requirement, homes and other structures could be built significantly closer to the lake that the other existing homes in the area, which could adversely affect the existing homes in terms of sight lines and property values.

After studying the homes and character of the lakefront area located on Garland from Lakeview to Beverly (even numbered addresses approximately 2470 to 2640), the city has determined that a greater setback should apply to such area, and that compliance with the greater setback would preserve the existing character of the area and would not deprive the owners of lots of full and complete use of their properties.

(Ord. No. 322, § 1, 8-13-2014)

All principal, accessory, and special land uses within the underlying district shall be permitted in this overlay district, and no additional uses shall be permitted.

(Ord. No. 322, § 1, 8-13-2014)

Except as specifically provided herein with regard to setback from the lakefront, all regulations of this chapter 78 applicable to the underlying district shall apply to the uses within this overlay district.

(Ord. No. 322, § 1, 8-13-2014)

All structures of any kind within this district shall be setback from the lakefront no less than 70 feet, as measured from the platted front lot line at the lake or from the ordinary high water mark, whichever is lesser; provided, however, that the an uncovered patio or deck may encroach into the required lakefront setback a maximum of 20 feet. If installing a deck, the portion encroaching into the required lakefront setback may not exceed 36 inches (three feet) in average height above grade. All improvements made within the required lakefront setback, for example; patio, deck and open steps will be included when calculating total lot coverage.

(Ord. No. 322, § 1, 8-13-2014)