The intent and purpose of the Arsenal Industrial District ("Arsenal District") is to insure that development in this area is consistent with the Reuse Plan adopted by the Mayor and City Council in their capacity as the Local Redevelopment Authority ("LRA"), designated pursuant to the Base Realignment and Closure ("BRAC 95") of the Detroit Arsenal Tank Plant property. It is further intended that the "Arsenal District" provide special land use and development regulations to promote the following objectives: 1) the creation of high quality industrial and manufacturing jobs: 2) site plan design flexibility and uniformity based on coordinated planning in the district: 3) design criteria to ensure the most effective reuse of this area; 4) coordinated planning and development with shared use of parking facilities.

(Ord. No. 30-885, § 1, 12-23-97)

The "Arsenal District" shall be the area of the former Detroit Arsenal Tank Plant that was declared as surplus by the U.S. Army in BRAC 95, which area is delineated on the map entitled "Warren Arsenal Industrial District", attached hereto and adopted herein by reference.

(Ord. No. 30-885, § 1, 12-23-97)

The following words, terms and abbreviations shall have the following meaning when used in this Article 21D of this article:

The term "Arsenal District" means the Arsenal Industrial District, which is the subject of this Article.

The abbreviation "LRA" means the Local Redevelopment Authority designated through the BRAC 95 closing of the Detroit Arsenal Tank Plant. Specifically, the LRA is the Mayor of the City of Warren and the Warren City Council.

The words "Reuse Plan" mean the Reuse plan adopted by the LRA, a copy of which is available for public inspection and review at the office of the City Planning Department.

(Ord. No. 30-885, § 1, 12-23-97)

The "Arsenal District" is a special industrial zone which imposes special land use, site design, density, set back and other development regulations that apply to this district only. All other non-conflicting regulations and standards of this article apply to this district. In the event of a conflict between a regulation in this article for the "Arsenal District" and any other regulation in this article, the "Arsenal District" regulation shall prevail.

(Ord. No. 30-885, § 1, 12-23-97)

No building or structure shall hereafter be erected and no land shall hereafter be used in the area designated for this district, except for one (1) or more of the following specified uses or class of uses:

Public, educational or governmental buildings, offices, auditoriums, entertainment/recreational buildings or arenas.

Industrial and developmental manufacturing.

Technical center or industrial offices.

Other similar uses which have been determined by the Planning Commission as being consistent with the job creation and other goals of the Reuse Plan, and which are consistent with the light industrial, high technology, or developmental manufacturing nature of the "Arsenal District".

Provided, however, that any principal use permitted that is included in the Michigan Department of Environmental Quality (MDEQ) commercial subcategory I classification (which includes by way of example, but not limitation, uses where children, the elderly, the infirm or other sensitive subpopulations are housed, educated or otherwise cared for, such as schools, nursing homes and day cares) shall require approval from MDEQ, which may be by a Notice of Approved Environmental Remediation (N.A.E.R.), prior to issuance of any certificate of occupancy. Failure to obtain this approval shall subject the property owner, occupant and/or user to all penalties provided in this ordinance.

(Ord. No. 30-885, § 1, 12-23-97; Ord. No. 30-910, § 1, 8-24-99)

The following uses are prohibited as principal uses:

Warehouses.

Commercial and wholesale establishments.

All residential and residentially related uses.

Industrial/manufacturing uses which create excessive or unusual danger because of fire, explosion, toxicity, radiation or other noxious matter.

Industrial/manufacturing uses which cause excessive or unusually noxious, offensive, unhealthy and harmful odors, fumes, dust, smoke, light, waste, noise or vibration.

Those uses involving the processing of raw materials for shipment in bulk form, to be used in an industrial or commercial operation at another location.

Those uses intended primarily for the outside storage of materials, equipment or vehicles.

(Ord. No. 30-885, § 1, 12-23-97)

All uses customarily accessory to the principal uses are permitted. Certain prohibited uses, such as warehouses, may be permitted if the Planning Commission determines that these are incidental and necessary as an accessory use to the principal permitted use to which they are associated.

Provided, however, that any accessory use permitted that is included in the Michigan Department of Environmental Quality (MDEQ) commercial subcategory I classification (which includes by way of example, but not limitation, uses where children, the elderly, the infirm or other sensitive subpopulations are housed, educated or otherwise cared for, such as schools, nursing homes and day cares) shall require approval from MDEQ, which may be by a Notice of Approved Environmental Remediation (N.A.E.R.), prior to issuance of any certificate of occupancy. Failure to obtain this approval shall subject the property owner, occupant and/or user to all penalties provided in this ordinance.

(Ord. No. 30-885, § 1, 12-23-97; Ord. No. 30-910, § 2, 8-24-99)

Building arrangement, location, height and bulk shall be generally provided in a manner which is consistent with the Reuse Plan and the design criteria set forth in this Article. Building height shall not exceed 3 stories or 65 ft., except that the height exception for office buildings and technical laboratories set forth in Article XIX, Section 19.02 shall apply in this district.

(Ord. No. 30-885, § 1, 12-23-97)

All setbacks, front yards, rear yards and side yards shall be determined by the Planning Commission consistent with the Reuse Plan, and the design criteria set forth in this Article, except that the following minimum setbacks/yard areas shall be required:

a.

The setback for buildings, structures and parking areas along Van Dyke Avenue shall be 110 feet from the centerline of the Van Dyke R.O.W., as established by the City of Warren Master Thoroughfare Plan.

b.

The minimum set back for buildings and structures from any residentially zoned district shall be sixty (60) feet. This setback shall be increased an additional one (1) foot for each foot any building or structure exceeds thirty (30) feet in height. All parking areas shall be setback a minimum of twenty (20) feet from any residentially zoned district.

c.

All buildings and structures shall be setback at least thirty (30) feet from any other through streets in the District.

d.

All buildings and structures shall generally be setback at least thirty (30) ft. from all front lot lines, twenty-five (25) ft. from all rear lot lines and twenty (20) ft. from all side lot lines. Nevertheless, coordinated site development between and among adjacent property owners is encouraged and the Planning Commission may alter these setbacks if it finds that such alterations are consistent with the Reuse Plan, the design guidelines of this Article, and sound planning principles.

e.

All parking areas shall be setback a minimum fifteen (15) ft. from any through streets in this District and a minimum of five (5) ft. from any other side, front or rear lot lines. Nevertheless, coordinated site development between and among adjacent property owners is encouraged and the Planning Commission may alter these setbacks if it finds that such alterations are consistent with the Reuse Plan, the design guidelines of this Article, and sound planning principles.

(Ord. No. 30-885, § 1, 12-23-97)

The density shall be regulated by the Planning Commission consistent with the Reuse Plan and the design criteria set forth in this Article. Nevertheless, the maximum site coverage ratio for buildings and structures (not including parking structures) shall not exceed 50% and the maximum site coverage including all impervious surface (buildings, walks, drives and paved areas[)] shall not exceed 80% on any parcel.

(Ord. No. 30-885, § 1, 12-23-97)

The owner shall make arrangements for all local distribution lines for telephone and electric service, exclusive of main supply lines, perimeter feed lines, and related surface facilities such as padmount transformers, switching equipment and service pedestals, to be placed underground in accordance with the valid rules and regulations of the telephone or electric service company involved providing installation of such underground service.

The owner shall provide easements for telephone and electric utilities and shall make suitable arrangements for their location with the telephone and electric service company involved.

(Ord. No. 30-885, § 1, 12-23-97)

Signs shall be limited to monument and/or wall signs, generally not exceeding 75 sq. ft. each in area. Monument signs shall generally not exceed five (5) ft. in height.

(Ord. No. 30-885, § 1, 12-23-97)

The parking requirements in Section 4.32 of this appendix shall apply in the "Arsenal District" except for the parking spaces table in Section 4.32 (h), which shall not apply. The amount of required off-street parking spaces for new uses or buildings, additions thereto, and additions or new uses for existing buildings shall be determined by the Planning Commission, subject to the minimum requirements set forth in the following table: _____

(Ord. No. 30-885, § 1, 12-23-97)

In the "Arsenal District", no building shall be erected, constructed or reconstructed, nor shall any additions be made to the existing buildings, nor shall any building or land be used for any purpose, unless the development plan is approved by the Commission as hereinafter specifically provided.

(Ord. No. 30-885, § 1, 12-23-97)

A.

Development plan approval shall be required in an "Arsenal District" for each of the following:

1.

The erection or construction of a building.

2.

The moving of a building onto property, or the relocation of a building or structure from one area to another.

3.

A structural alteration which would change the exterior appearance of a structure.

4.

The erection, construction, installation or alteration of a sign, wall, or fence.

5.

The installation or alteration of outdoor lighting equipment which would change the exterior appearance of the use or structure.

6.

Whenever an outdoor use is established, altered or changed to another use.

B.

Application for development plan approval shall be made to the Planning Commission by the actual or prospective property owner or the authorized agent of either. Such application shall be accompanied by:

1.

Accurately drawn maps showing the subject property and other properties within the same zone.

2.

Plot plans of the subject property, showing all existing and proposed buildings and uses, if any, within the zone and adjacent roadways.

3.

Architectural drawings and elevations of the proposed use.

4.

All plans and information required for site plan review pursuant to Section 22.16.

5.

Any other data or exhibits deemed necessary by the Planning Director to adequately present the matter to the Commission.

It is the intent of this ordinance that in any application for development plan approval, the petitioner shall present to the Commission how the building or use in the development plan relates and complements the Reuse Plan as to the balance of the property within the "Arsenal District". Prior to submitting a development plan, the applicant, if he so desires, may submit to the Commission, for its review, a sketch plan showing the standards, design and layout of his proposed development for determining conformance to the Reuse Plan and the design criteria for the "Arsenal District".

C.

In reviewing any development plan, the Commission may consider the following elements, as well as other pertinent factors:

1.

The general exterior appearance of buildings, including height, bulk, size and shape.

2.

Relationships to existing and proposed buildings and structures in the area, based on the Reuse Plan.

3.

The setbacks and landscaping plan of yard and other open areas.

4.

The design type and location of signs, walls, fences, and outdoor storage.

5.

The illumination of buildings, grounds, parking areas, and signs.

6.

Any other feature or item having a direct relationship to the general appearance of the buildings and premises.

D.

The Commission shall recommend to the City Council approval, modification or disapproval of any proposed use, building or structure, or any change in an existing use, building or structure. The Commission may recommend disapproval when, in its sound judgment, the development would substantially affect the appearance or functionality of the area under consideration in a manner materially detrimental to the Arsenal District. The Commission may require changes in the architectural treatment of buildings or structures, may require additional landscaping and development improvements, and may impose conditions of development when, in its sound judgment, it determines that such is necessary to conform to the intent, purpose and requirements of the Reuse Plan and the "Arsenal District". Architectural requirements shall not specify a particular style or [of] architecture or particular design features but shall permit the applicant the maximum freedom of architectural design compatible to the "Arsenal District" and the design guidelines in this Article.

E.

The City Council, after receiving a written report of the findings and determination of the Commission, shall approve, disapprove or modify the decisions of the Commission. Any disapproval or modification of any decision of the Commission shall require a majority vote of all the members of the City Council, except that no public hearing shall be required and the decision of the City Council may be made by motion or by resolution.

(Ord. No. 30-885, § 1, 12-23-97)

A.

The recommended development guidelines set forth in pages 86 through 94 of the Reuse Plan are adopted by reference as development and design guidelines for use in the preparation and review of development plans.

B.

Additionally, in order to insure that development in the "Arsenal District" proceeds in accordance with the Reuse Plan and best promotes the general welfare of the City, the Commission shall consider the following in reviewing development plans:

1.

All buildings and facilities in the "Arsenal District" should be limited to a single tenant or owner occupant.

2.

All principal buildings should be freestanding. Common wall construction should generally not be permitted.

3.

Multiple uses may be permitted in a building or facility only upon a specific finding and recommendation by the Planning Commission and approval by the City Council that such multiple uses will be consistent with the goals of the Reuse Plan and will promote the creation of high quality jobs in the district.

C.

The forgoing are intended as guidelines and not minimum Zoning Ordinance requirements.

(Ord. No. 30-885, § 1, 12-23-97)

In addition to any greenbelt required by the Zoning Ordinance, ten (10) percent of the net site area (apart from existing and/or proposed thoroughfare rights-of-way) shall be developed as landscaped open space. The landscaped open space shall be countable only when located in the front and side setback areas, or within the parking area fronting the roadway. Pedestrian walks, plazas, planters, and other decorative elements may be included in such landscaped areas.

In order to be countable toward the landscape area planting areas, no more than twenty (20) percent of the required landscaped area may consist of durable non-living landscape material. Under unique conditions, the Planning Commission may modify the percent of durable non-living landscape material.

Landscaped areas shall be countable when equaling two hundred (200) square ft. or more in area, and when eight (8) ft. or more in width. Areas less than eight (8) ft. in width may be countable when added to a greenbelt area as required by the Zoning Ordinance, or when added to a live landscaped area when a minimum width of eight (8) ft. will result.

Landscaped areas for storm drainage purposes, such as drain courses and 0 retention areas, in front or side yards, may be countable for a portion of the required landscaped area, not to exceed five (5) percent of the net site area, subject to the following conditions:

1.

Areas having 6:1 slopes or more shall not be countable.

2.

Areas within fenced drain courses or retention ponds shall not be countable.

3.

Drain course or stream bottoms shall not be countable.

Such countable storm drainage areas shall be landscaped with materials which will not be damaged by the intermittent water conditions, and shall be maintained in a healthy, growing condition, neat and orderly in appearance.

(Ord. No. 30-885, § 1, 12-23-97)