The mixed-use district is established to provide an aesthetically attractive working environment exclusively for, and conducive to, the development and protection of offices, research and development institutions, manufacturing establishment of a non-nuisance type, and specialized retail uses.

The provisions of this article have been developed to coordinate these developments with the intent to:

1.

Establish and maintain high aesthetic standards;

2.

Preserve the district's visual character by assuring improvements are properly related to their sites and to surrounding developments;

3.

Encourage originality, flexibility, and innovation in site planning and development, including architecture, landscaping, and graphic design; and,

4.

Encourage development that is compatible with and complementary to nearby residential and commercial areas.

In the mixed-use district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged, except for one or more of the following uses:

1.

Corporate headquarters, regional headquarters, and general administrative offices used primarily for conducting the affairs of a business, profession, service, industry, or government.

2.

Laboratories and adjunct facilities used for basic and/or applied research, in all sciences, and including product development and testing, engineering development, and marketing development.

3.

Light industrial uses including manufacturing, fabricating, processing, converting, altering, assembly, and testing of products, when conducted within a completely enclosed building.

4.

Retail and commercial uses allowed as permitted uses in the C-2, general commercial district of this ordinance, except as prohibited by section 1003 provided such use constitutes no more than 20 percent of the developed gross floor area of the entire development.

5.

General hospitals, medical clinics, and/or optical facilities that provide testing services or provide medical or dental devices such as artificial limbs, teeth, eyeglasses, etc.

6.

Theaters, auditoriums, concert halls, and similar places of assembly when conducted within a completely enclosed building.

7.

Business and technical schools.

8.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations (but not including service or storage yards) when operating requirements necessitate the location of such facilities within the district.

9.

Health and athletic clubs.

10.

Common open space, including pedestrian plazas and courts.

11.

Any other use which is determined by the planning commission to be of the same general character as, and compatible with, the above permitted uses.

The following shall be allowed as accessory uses in the mixed-use district:

1.

Uses and structures customarily accessory and incidental to a permitted use.

2.

Temporary buildings for uses incidental to construction work which buildings shall be removed upon completion or abandonment of the construction work.

3.

Day-care facilities.

4.

Indoor and outdoor recreational facilities, such as swimming pools, saunas, game and craft rooms, tennis courts, and exercise studios, which are provided in association with a permitted use.

5.

Parking and loading structures and areas provided in conjunction with a permitted use.

6.

Veterinary clinics and pet hotel facilities as an ancillary use in a retail store containing no less than 20,000 square feet of non-veterinary and pet hotel retail space, subject to the following conditions:

(a)

The veterinary clinic shall be located interior to the principal structure and shall be provided with a separate door to allow immediate access by customers.

(b)

There will be no exterior kennel space provided. Kennel space for the pets hotel shall be interior to the building and not create any nuisances to neighboring properties or businesses with regard to odors, noise and pet droppings outside of the business.

(c)

The veterinary clinic and pets hotel shall exclude exotic and/or domestic farm animals. It is the intent to limit such animals to household-type pets such as dogs, cats, etc.

(d)

The overnight stay of animals treated by a veterinarian may be allowed, provided such stay is required by reason of health emergency and, provided further, that animals so housed shall be attended during their stay by a veterinarian.

(e)

The length of stay of animals housed in the pets hotel shall be limited to 30 consecutive days for any one stay.

(Ord. No. 129-4, 11-17-1996; Ord. No. 129-17, 5-10-2005)

The permitted uses enumerated above shall not be construed to include either as a main or accessory use, any of the following uses:

1.

Motor freight terminals.

2.

Machine shops.

3.

Veterinary clinics and kennels.

4.

Drive-in theaters.

5.

Outdoor material storage facilities including, but not limited to, plant material and garden supply stores, lumber yards, contractor storage yards, and similar uses.

6.

Self-storage (mini-warehouse) facility.

7.

Heliports.

8.

Residential dwelling, with the exception that cluster housing and townhouse, multiple-family developments may be allowed subject to the criteria found in sections 1300 and 1302 and further subject to the following, whichever is more restrictive than the requirements or standards in sections 1300 and 1302, the more restrictive requirements shall prevail.

a.

Cluster housing and/or multiple-family townhouse developments shall be only developed in areas of the MXD District that border existing single-family residential zoning districts and developments that border Shelby Township - the northern boundary of the MXD District, with the exception that not more than one senior citizen, multiple-family development may be permitted at any acceptable location (site) within the MXD, District.

b.

The maximum density allowed for any cluster or townhouse developments shall not exceed five units per buildable acre of land. For the purpose of this ordinance, buildable land shall mean the area of any lot or parcel of land that is actually buildable, which of the purpose of developing land or computing densities, shall not include existing or proposed rights-of-way for and roads (public or private), streams, drains, or wetlands. However, the planning commission may modify the density, lot coverage regulations, lot area and frontage requirements, number of attached units and setback requirements when a proposed project presents and offers unique design features and amenities for a mixed-use district residential development such as, but not necessarily limited to: a) increased open space; b) active or passive use parks; c) community buildings; d) recreational facilities; e) additional landscaping including unique streetscapes, street furniture, sign treatments, etc. and unique building and/or structure architecture. In no case shall the density exceed ten units per acre for developments that are contiguous to existing single-family zoning districts and single-family developments in Shelby Township that border onto the city's MXD, District. For a development that does not border onto Shelby Township, a density not to exceed 35 units per acre may be permitted in a multiple-story, senior residence building, with a senior residence being defined as a residence occupied by persons who have reached the age of 50 years old or older. In addition, a senior residence development shall not include an assisted living facility, such as, but not necessarily limited to a convalescent or nursing home.

c.

In calculating density for parcels with wetlands, 20 percent of the wetland area may be used for the purpose of determining density.

d.

No building shall be located closer than 50 feet from an outer property line, except that a senior residence building shall be allowed to develop with the minimum required setbacks permitted in the MXD, District (50-foot front and rear yards and 25-foot side yards).

e.

A landscape berm, at least four feet in height shall be provided along the entire property line of any cluster housing and/or townhouse development abutting any MXD District interior roadway; i.e., Northpointe Boulevard, Utica Park Boulevard, etc., or commercially developed site.

f.

The minimum floor area for any cluster housing dwelling unit or townhouse development shall not be less than 1,200 square feet. The minimum floor area for any senior residence shall not be less than 425 square feet.

g.

Not withstanding the requirements of sections 1300 and 1302 and Article X concerning cluster housing dwelling units or townhouse developments, except for a senior residence development: all other applicable provisions of this ordinance shall be met.

9.

Radio, telephone, and television towers, antennae, and similar structures.

10.

Vehicle wash establishments.

11.

Mortuary establishments.

12.

Gasoline stations, with the exception that facilities designed to only dispense fuels to motor vehicles may be allowed providing they do not include the sale of minor accessories, convenience goods or other services such as but not necessarily limited to automobile repair; and further said facilities shall be accessory to a principal use that meets the following standards:

a.

The principal use shall be a retail commercial facility which has not less than a total gross floor area of 150,000 square feet.

b.

The principal use and the accessory use (ancillary gas pumps) shall be located on site with not less than ten acres in area.

c.

The minimum site area for ancillary gas pumps on the principal use site shall not be less than 20,000 square feet.

d.

Access to the ancillary gas pumps shall not be permitted at such locations that will tend to create traffic hazards on-site or to adjacent streets and/or access drives.

e.

The parking of vehicles on the ancillary gas pump site shall be limited to the time it takes to dispense fuel to vehicles using the facility with all other parking or storing of vehicles being expressly prohibited.

f.

The principal use site, including the accessory use site, shall provide adequate off-street parking, loading and unloading space and access (ingress and egress).

13.

Adult entertainment uses and business establishments by which said property is devoted to displaying or exhibiting obscene material, and/or providing representations or descriptions of any of the types of sexual conduct, or ultimate sexual acts, as defined by Act No. 343 of the Public Acts of 1984, of the State of Michigan (MCL 752.361 et seq.).

14.

Animal slaughter, meat processing, or meat packing establishments.

15.

Racetrack, rifle range, golf driving range, and similar outdoor recreation facilities, except that tennis courts and swimming pools may be provided in connection with a health or athletic club, or hotel/motel establishment.

16.

Disposal sites for hazardous or toxic wastes, trash, rubbish, or garbage.

(Ord. No. 129-6, 9-8-1998; Ord. No. 129-8, 5-9-2000; Ord. No. 129-13, 7-11-2003; Ord. No. 129-14, 7-6-2004)

1.

Area of application. This district is to be applied to those areas particularly suited for mixed-use development. Property may be designated mixed-use district when the following criteria are satisfied.

a.

The site has been designated for mixed use development in the city's future land use plan.

b.

The property and the affected area are presently provided with adequate public facilities, services, and transportation networks to support this use; or such facilities, services, and transportation networks are planned to be provided concurrently with the development of the property; and,

c.

The development will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of smoke, fumes, glare, noise, vibration, or odors.

2.

Area and bulk requirements.

a.

The minimum land area required for mixed-use district development shall be 40 contiguous acres under single ownership and control. For purpose of this requirement, streets shall not be deemed to divide acreages.

b.

Lot coverage, including all buildings and paved areas, shall not exceed 60 percent of the gross lot area. Building coverage is limited to 30 percent of the gross lot area.

c.

The minimum lot area and lot dimensions shall be:

(1)

Area: One acre.

(2)

Width: One hundred-foot road frontage.

(3)

Depth: Two hundred feet.

d.

The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 50 feet for front and rear yards and 25 feet for side yards. Principal or accessory buildings shall not be less than 100 feet from any property line abutting residentially zoned lands.

The following improvements are expressly excluded from this setback restriction:

(1)

Structures below and covered by the ground.

(2)

Steps, walks, driveways, and curbing.

(3)

Planters, walls, fences, or hedges not exceeding four feet in height.

(4)

Landscaping.

(5)

Pedestrian plazas.

e.

The maximum building height permitted is 36 feet. Buildings greater than the maximum height may be allowed provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed. In no instance shall a building exceed six stories (72 feet in height).

An additional ten feet in building height shall be allowed to permit the placement and installation of mechanical equipment, provided said equipment is suitably screened from public view.

3.

Site design requirements.

a.

Access to each parcel or lot must be from an internal street and not from abutting major thoroughfares or arterials. The internal street system shall be of a rolled curb and gutter design built to city specifications.

b.

There shall be set aside for common open space not less than one acre of land for every ten acres of land devoted to office, research, industrial and/or business, and commercial uses. Such computation shall exclude the area devoted to the internal street system.

The location of common open space shall be consistent with the declared function of the common usable open space, and where possible, the common open space shall be planned as a contiguous area, centrally located to the site for the maximum benefit of the area. Protected environmentally sensitive areas, such as woodlands, wetlands, and drainage areas, and that portion of landscaped boulevards, may be included in the calculation of required common open space.

c.

Open spaces for public congregation are required and must be equipped or designed to allow pedestrian seating and to be easily observed and accessible from the pedestrian circulation system. These provisions apply only to new office uses with a gross floor area of 25,000 square feet or more. When computing this urban open space requirement, only the gross floor area of the office uses will be considered.

As a minimum, there must be one square foot of open space for every 100 square feet of gross floor area. The plaza area must be located behind the required setback and easily accessible to, and visible from, the street but in no instance more than three feet above or below the level of the adjoining grade. All plazas must be accessible to the handicapped. There must be at least one linear foot of seating for each 30 square feet of plaza area. Step space shall not be counted as meeting this requirement.

Within the plaza area, one tree must be planted for each 500 square feet or portion thereof up to 2,000 square feet. One additional tree is required for each additional 1,000 square feet of plaza space. Ornamental trees shall account for 20 percent of this planting requirement. Urban design features are encouraged as part of pedestrian plazas. The following amenities such as, but not limited to, ornamental fountains, stairways, waterfalls, sculptures, arbors, trellises, planted beds, drinking fountains, clock pedestals, public telephones, awnings, canopies, and similar structures, are permitted.

d.

The internal circulation system shall include pedestrian paths which provide continuous circulation from the boundary streets to each lot or parcel within the development, common open space area, and all other important interior site destinations.

e.

A minimum of 20 percent of the lot or parcel area of all development shall be open land with vegetative ground cover and other plant materials, not covered by buildings, paving, or other impervious surfaces. Pedestrian plazas may be included in the calculation of this landscaping requirement.

f.

All utility lines serving internal development shall be underground except that subtransmission and transmission lines may be overhead. Entry fixtures must be located away from high use areas and main entrances or screened in an approved manner.

4.

Building design requirements.

a.

Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design, relationship to surroundings, sensitive integration of form, textures, and colors with the particular landscape.

b.

Buildings shall have good scale and be in harmonious conformance with permanent development in the general vicinity.

c.

Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings.

d.

Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

e.

All exterior building walls and structures shall be constructed with attractive, durable materials such as concrete, masonry, stone, brick, finishing wood, or glass. No temporary or flammable material will be approved.

f.

In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

g.

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

h.

Colors shall be harmonious and shall use only compatible accents.

i.

Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.

j.

Over street connections are expressly prohibited.

k.

To minimize the impact of mechanical equipment on the appearance of the building and the community, window air-conditioning units or condenser elements should not be located on the front facades. Antennas should be located where they are not visible on the front facade. Mechanical equipment on the ground should be screened with a fence or plant materials or housed in a structure that is in harmony with the surroundings. Mechanical equipment attached to the side or roof of a building, including heating vents, should be kept as low as possible and covered or screened to blend with the building to which it is affixed.

The process for obtaining review and approval of a mixed-use development is as follows:

1.

Mixed-use developments shall be subject to the review and approval by the planning commission and city council as specified in section 1802, "review and approval of conditional uses," and section 1800, "site plan review" of this zoning ordinance.

2.

Prior to committing to any lot or site design, the developer and its professional consultants shall meet with the city administration to review the local regulations governing the proposed design, including design and processing requirements.

At this meeting, the applicant is expected to outline to the city, the project in terms of land use, anticipated building arrangement and site design, and proposed construction timetable.

3.

A development plan for the total acreage embraced by the proposal shall be submitted to the city planning commission for its review, and to the city council, for its approval before any development may be undertaken or any building permit is issued for a site within the mixed-use district.

4.

An application shall be submitted by the applicant and be accompanied by a nonrefundable processing fee in an amount established by council resolution. The application shall also be accompanied by statements, plans, evidence, material, and documentation necessary to enable the planning commission and city council to make the findings required by this Article. The required documentation shall consist of any or all of the following:

a.

A narrative which provides the evidence that the project satisfies section 1004 requirements, and describes existing site characteristics, the proposed character of the development, and a discussion of the means of serving the development with sewer and water.

b.

Statement of covenants, grants of easements, and other restrictions to be imposed upon the uses of land and structures.

c.

A site plan prepared in accordance with section 1800.

d.

A schedule indicating the proposed timing of the development, including staging, if appropriate.

e.

Any other data, plans, or drawings considered by the planning commission or city council to be necessary for the consideration of the proposal.