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(A) Statement of purpose. The C-4, planned shopping center district is intended to provide shopping facilities to serve the city. As such, it should permit a sufficient size site for integrated off-street parking, landscaping, and loading and be located adjacent to major thoroughfares to permit safe and efficient vehicular traffic circulations. These districts and the traffic that the community shopping centers therein may generate must be planned so as not to cause adverse effects on adjacent residential property. The size of the center is intended to be directly related to the quality of purchasing power available for the support of those uses permitted in this zone. The protective standards contained in this section are intended to minimize any adverse effect of the shopping center on nearby property values and to provide for safe and efficient use of the shopping center itself. Submission of a market analysis is intended in order to establish evidence of a need for a change in the comprehensive zoning plan for the city and to substantiate a finding that the change will promote the general welfare of the city.
(B) Principal permitted uses. In the C-4 district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following (telescoping use provisions of R-O, C-1, C-2, and C-3 do not apply to this district):
(1) Planned shopping centers, including the following uses pursuant to the provisions of § 157.094 of this code:
(a) Antique shops;
(b) Bakeries, retail sales;
(c) Banking and loan institutions;
(d) Barber and beauty shops;
(e) Bicycle shops, sales and service;
(f) Book and stationery stores;
(g) Clothing and accessories, retail sales;
(h) Confectionary and delicatessen stores;
(i) Department stores;
(j) Drug stores;
(k) Dry cleaning;
(l) Dry goods stores;
(m) Electric and electronic appliances, retail sales and service;
(n) Fruit and vegetable stores, retail sales (when enclosed within a building);
(o) Florist, retail sales;
(p) Food markets and supermarkets;
(q) Furniture stores, retail sales, repair, and reupholstering;
(r) Hardware shops;
(s) Meat markets (no butchering);
(t) Musical instruments, sales and service;
(u) Novelty shops;
(v) Nursery stock, retail sales;
(w) Offices, professional and business (including sample rooms, but no warehouses);
(x) Optical goods, retail sales;
(y) Paint stores, retail sales;
(z) Pet shops, retail sales (when enclosed within a building);
(aa) Photographer’s studio;
(bb) Photographic supplies, retail sales;
(cc) Plumbing shops, retail sales and service;
(dd) Radio and television, retail sales and service;
(ee) Restaurants, without curb or drive-in service (service entirely within building);
(ff) Shoe repair shop;
(gg) Sporting goods stores, retail sales;
(hh) Tailor shops;
(ii) Theaters (indoor);
(jj) Wallpaper stores, retail sales;
(kk) Other retail uses similar to the above;
(ll) TBA sales (tires, batteries, and accessories); and
(mm) Gas stations and public garages in conjunction with shopping centers (subject to § 157.074).
(2) Accessory buildings and uses customarily incidental, related to, and reasonably necessary or convenient for the satisfactory and efficient operation of a complete and integrated shopping center, which use is not obnoxious or offensive to the locality by reason of the emission of odor, fumes, dust, smoke, waste, vibration, or noise, including buildings and facilities for furnishing utility services, including heat, light, water, and power; and
(3) Restaurants with curb or drive-in service may be located in a planned shopping center district subject to the following requirements:
(a) Must exist as an outbuilding, not as a portion or segment of the shopping center; and
(b) Subject to the provisions set forth in § 157.075 (drive-in establishment).
(C) Greenbelt. A greenbelt of dimensions and materials as determined by the Planning Commission in accordance with § 157.088, but not less than 20 feet in width, shall be provided wherever any planned community shopping center abuts a residential district.
(D) Site plan review. For all uses permitted in the C-4 district, a site plan shall be submitted for review and approval. The following provisions in this subsection (D) shall apply to site plan review procedures for the C-4 district. The procedures of this subsection shall be minimum requirements, and additional procedures may be required by this ordinance or by the Planning Commission.
(1) Submission of application for shopping center development. A developer shall submit to the Planning Commission 12 copies of a sketch development plan of the shopping center, with 12 copies of the supporting data including, but not limited to, a market analysis, financial report, time schedule, traffic study, and substantiation of ownership, all of which shall be prepared by qualified professional persons.
(a) Sketch development plan. Designed in accordance with the planning standards, regulations, and criteria established in this ordinance and shall show: a unified and organized arrangement of buildings, off-street parking, internal pedestrian and vehicular circulation, and service facilities.
(b) Market analysis. Shall include:
1. Identification of the trade area of the proposed shopping center;
2. Trade area population, present and future; and
3. Net potential customers’ buying power for stores in the proposed shopping center.
(c) Financial report. To satisfy the Planning Commission as to the financial responsibility of the proponent to carry the proposal to completion in full compliance with this ordinance, shall include:
1. The source of construction funds;
2. The names of persons who have a financial interest in the shopping centers; and
3. Information on leasing arrangements and terms.
(d) Traffic study. Shall include an estimate of traffic volume to be generated by the development and the assignment of traffic to proposed entrances and exits.
(e) Substantiation of ownership. Shall include a certification of title company that the recorded owners of the property as represented on the application for shopping center development are correct.
(2) Referral for review and reports; sketch development plan. Upon receipt of the sketch development plans with supporting data for the development of a shopping center, the Planning Commission shall transmit the copies to the City Fire Chief, Police Chief, Attorney, Engineer, Planning Consultant, and other individuals and agencies as deemed necessary by the Planning Commission for their review, report, and recommendation. The Planner, city officials, and the like, shall, within 30 days from receiving a sketch development plan and supporting data, provide and furnish to the Planning Commission their reports.
(a) Report to Council. Within 60 days after a sketch development plan has been filed with the Planning Commission, it shall evaluate the plan and reports from the City Planner and city officials, and shall furnish to the Council its detailed report and recommendations with respect thereto. The report of the Planning Commission shall include a finding either that the sketch development plan and supporting data comply with the regulations, standards, and criteria prescribed by this ordinance for planned shopping centers applicable to the proposal, or a finding of any failure of compliance, and the Commission’s action that the sketch development plan is approved, disapproved or modified. If, at any such evaluation, the Planning Commission finds that any regulations, standards, or criteria prescribed by this ordinance are inapplicable because of unusual conditions related to the shopping center, or the nature and quality of the proposed design, it may recommend to Council that an adjustment be made; provided, however, the adjustment will not be in conflict with the promotion of the public health, safety, and general welfare of the city.
(b) Action by Council. The Council, at not later than its next regular meeting following receipt of the Planning Commission report, shall set a date for a public hearing on the shopping center proposal. Following the completion of the public hearing, the Council shall then proceed to act upon the site plan review as provided in this subsection (D).
(3) Authority to proceed; preliminary development plan. Following affirmative action by the Council, the Planning Commission shall notify the developer of the action and authorize him or her to proceed with the preparation of a preliminary development plan of the shopping center.
(a) Content. The preliminary development plan shall contain the following:
1. The location, orientation, and exterior dimensions of all main and accessory buildings as set forth in Appendix A, Schedule of Regulations;
2. The location and dimensions of vehicular and service entrances, exits, and drives as per city site development specifications;
3. The location, arrangement, and dimensions of paved parking lots, of automobile parking spaces, width of aisles, width of bays, and angle of parking as per §§ 157.110et seq. of this code and the city site development specifications;
4. The location, arrangement, and dimensions of truck loading and unloading spaces and docks as per §§ 157.110et seq. of this code;
5. The location and dimensions of pedestrian entrances, exits, walks, and walkways as per §§ 157.110et seq. of this code;
6. Topography information at contour intervals of 2 feet or less and general on-site drainage system as per city site development specifications;
8. The location, size, height, orientation, and design of all freestanding signs as per §§ 153.01et seq.;
9. The location of all buildings, streets, and other topographical features within 500 feet of the proposed shopping center boundary;
10. The location, dimensions, and arrangement of areas to be devoted to planted lawns, trees, or any other purpose as per § 157.088; and
11. The location and capacity of private or public water and sanitary sewerage services, storm drains, and solid waste disposal facilities serving the site.
(b) Action by Planning Commission. Within not more than 30 days from the date on which the preliminary development plan is filed with the Planning Commission, the Commission shall review, approve, or disapprove the plan in writing, stating, in the case of disapproval, the reason for disapproval, and in all cases given due notice to the applicants. In the case of disapproval, the applicant may submit to the Planning Commission an amended plan which shall include those changes made necessary to accomplish compliance with the conditions for approval stated by the Commission.
(4) Final development plan; shopping center district.
(a) A complete final development plan covering the entire shopping center district shall be prepared by the developer and filed with the Planning Commission within not more than:
1. One calendar year from the effective date of any ordinance designating an area a neighborhood shopping center district within the C-4 zoning classification;
2. Two calendar years from the effective date of any ordinance designating an area a community shopping center district within the C-4 zoning classification; or
3. Three calendar years from the effective date of any ordinance designating an area a regional shopping center district within the C-4 zoning classification.
(b) The Council may extend the time period provided in this subsection for good cause.
(c) The final development plan shall be a refined version of the preliminary development plan and shall incorporate all conditions stipulated by the Planning Commission in its approval of the preliminary development plan.
(d) Within not more than 30 days from the date on which the final development plan is filed with the Council, the City Council shall review, approve, or disapprove the plan. If the City Council finds that a proposed final development plan of a shopping center is in substantial compliance with, and represents a detailed expansion of the preliminary plan heretofore approved, that it complies with all of the conditions which may have been imposed in the approval of the preliminary development plan, that it is in accordance with the design criteria and provisions of this ordinance which apply particularly to any plan of a shopping center district, and that all applicable provisions of the city regulations have been complied with, the City Council shall then approve the final development plan. Whenever more than 20 occupied residences within the city are within 1,000 feet of premises now or hereafter zoned C-4, no development or site plan relating to the premises shall be approved and no building, site, or other permits shall be issued under subsection (D)(5) below until the site plan has been first approved by an affirmative vote of the majority of the City Council members present at the meeting at which the matter is considered.
(5) Permits; shopping center development. Following the approval of a final development plan of a shopping center, the Director of the Department of Public Works shall be so notified and building, site, and other permits may be so issued upon payment of the required fees as required by § 157.172.
(6) Amendments to final development plan; shopping center development. If the developer of a planned shopping center in any shopping center district wishes to make any change, alteration, amendment, or extension to any approved final development plan, he or she shall submit a request to the Department of Public Works. If, in the opinion of the Department, the requested change is in substantial compliance with the final development plan, the Department shall approve the change and notify the Department of Public Works Director or designee, who shall issue permits accordingly.
(7) Progressive development; shopping center development.
(a) A developer, having obtained approval of any final development plan of a shopping center, may accomplish the development in progressive stages as may be approved by the City Council.
(b) If the development of a shopping center is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and the intent of this ordinance shall be fully complied with at the completion of any stage. Each stage of development shall be reviewed and approved by the City Council before any permits can be issued.
(8) Construction time limitation; shopping center development. The permits shall be secured and construction begun in accordance with the final development plan for a shopping center district within 12 months from the date of approval of the final development plan as provided in § 157.045(D). The Council may extend the time limit provided in this subsection for good cause.
(9) Performance bond; shopping center development. A performance bond shall be required guaranteeing the completion of all public improvements on-site and in public rights-of-way required by the city before permits may be issued. The scope of the improvements and the amount of the bond shall be determined by the Department of Public Works.
(10) Business area plans.
(a) In order to implement the Comprehensive Plan (1990 land use plan) and supplement the regulations and criteria of this ordinance, the Planning Commission may prepare area plans for the construction, completion, or rehabilitation of any business area or for coordinating the proposed development with surrounding areas. These designs may include, but are not limited to, the Planning Commission’s recommendations on: the use, location, bulk, and general design of buildings; the relationship of buildings to each other, yards, and other open spaces; the location and width of streets and pavements; the location, width, and control of accessways to major streets, parking, and loading area; pedestrian ways, paved areas, landscaped planting, exterior lighting, signs, street furniture, and other exterior and landscape features.
(b) The area plans shall be developed in accordance with the objectives of the Comprehensive Plan and criteria set forth in this subsection (D) and any other applicable provisions of the ordinance. After the plans are duly adopted by the Planning Commission and Council, they shall be construed as being a part of this ordinance, and any new construction, additions to, or rebuilding of such a business area, or parts thereof, shall be in substantial compliance therewith.
(11) Sign regulations. Signs in local business, general business, and shopping center districts shall be designed, erected, altered, moved, or maintained, in whole or in part, in accordance with the regulations as set forth in §§ 153.01et seq.
(12) Parking. Parking in any district shall be in accordance with the regulations as set forth in §§ 157.110et seq. of this code (off-street parking and loading requirements).
(13) Yearly maintenance inspection. To provide for compliance with the newly adopted provisions of this ordinance and this code of ordinances and to abate all on-site deficiencies, the Department of Public Works will conduct a yearly inspection in the spring of each year. A list of deficiencies will be compiled and submitted to the property owner(s). A time frame of 6 months will be granted to the owners of record to complete the necessary items. Failure to update deficiencies will result in abatement procedures.
(E) Area, height, and placement requirements. Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulation.
(A) Statement of purpose. In the M-1 district, the intent is to permit certain industries which are of a light manufacturing character to locate in planned areas of the city. So that these uses may be integrated with nearby land uses, such as commercial and residential uses, limitations are placed upon the degree of noise, smoke, glare, waste, and other features of industrial operations so as to avoid adverse effects. It is further intended that these light industrial uses act as a transition between heavier industrial uses and non-industrial uses and not necessarily require railroad access or major utility facilities. Certain commercial uses which are desirable to service the employees and visitors of the industrial uses are also permitted in this district.
(B) Principal permitted uses. Any of the following uses when the manufacturing compounding or processing is conducted entirely within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding, final product storage, or processing shall be totally obscured by a 6-foot masonry wall on those sides abutting any residential district:
(1) Wholesale and warehousing. The sale at wholesale or warehousing of automotive equipment; dry goods and apparel; groceries and related products; raw farm products except livestock; electrical goods; hardware, plumbing, heating equipment and supplies; machinery and equipment; petroleum bulk stations and terminals; tobacco and tobacco products; paper and paper products; furniture and home furnishings, and any commodity the manufacture of which is permitted in this district; truck terminals;
(2) Industrial establishments.
(a) The assembly, fabrication, manufacture, packaging, or treatment of such products as food products (excluding butchering, animal slaughtering), candy, drugs, cosmetics and toiletries, musical instruments, optical goods, toys, novelties, electrical instruments and appliances, radio and phonographs, or pottery and figurines or other ceramic products using only previously pulverized clay.
(b) The assembly, fabrication, manufacture, or treatment of products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, felt, fiber, glass, horn, leather, paper, plastics, precious or semi-precious metals or stones, sheet metal (excluding large stampings such as automobile fenders or bodies), shell, textiles, wax, wire, wood (excluding saw and planing mills), and yarns.
(c) Tool and die shops; metal working machine shops involving the use of grinding or cutting tools; manufacturing of tools, dies, jigs, and fixtures; publishing, printing, or forming of box, carton, and cardboard products.
(d) Laboratories; research or testing.
(e) Central dry cleaning plants and laundries.
(3) Public utility uses. Electric transformer station and substation; electric transmission towers; municipal buildings and uses; gas regulator and municipal utility pumping stations; and
(4) Accessory buildings and uses. Accessory buildings and uses customarily incidental to the above principal permitted uses.
(5) Medical marijuana provisioning center, shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the provisioning center shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(6) Medical marijuana growing facility shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the grow facility shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that 1 parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(7) Medical marijuana processing facility: Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the processing facility shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility. If the same applicant has 1 parcel of land in which they have the ability to co-locate a provisioning center, a grow facility and/or processing center, there may be an exception given to permit these uses on that 1 parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(8) Medical marijuana safety compliance facility: Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the safety compliance facility shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(9) Medical marijuana secure transporter facility: Shall be subject to all requirements as set forth in § 157.092 of this Code for site plan review provided that the secure transporter facility shall not be permitted:
(a) Within 500 feet of any other commercial medical marijuana transaction facility;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(10) Open air business uses as follows, in conformance with § 157.086:
(a) Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises, lawn furniture, playground equipment, and other home garden supplies and equipment;
(b) Retail sale of fruits and vegetables;
(c) Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, golf driving range, children’s amusement park, or similar recreation uses;
(d) Bicycle, trailer, motor vehicle, boat, or home equipment rental services;
(e) Outdoor display and sale of garages, swimming pools, and similar uses; and
(f) Outdoor sales space for sale of new and/or used automobile or of new and/or used house trailers or boats; provided that all automobiles offered for sale are in good working condition.
(11) Marijuana retailer. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana retailer shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(12) Marijuana microbusiness. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana microbusiness shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(13) Marijuana grower. Shall be subject to all requirements set forth in § 157.092 for site plan review provided that the marijuana grower shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(14) Marijuana processor. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana processor shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment; if the same applicant has one parcel of land in which they have the ability to co-locate a provisioning center/retailer, a grow facility/grower and/or processing center/processor, there may be an exception given to permit these uses on that one parcel of land. Each facility will provide separate applications and will be given separate consideration along with individual annual fees.
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care of instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(15) Marijuana safety compliance facility. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the safety compliance facility shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;
(b) Within 200 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(16) Marijuana scene transporter. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the secure transporter facility shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;
(b) Within 200 feet of any residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(17) Designated consumption establishment. Shall be subject to all requirements as set forth in § 157.092 for site plan review provided that the marijuana designated consumption establishment shall not be permitted within the locational limitations as follows:
(a) Within 500 feet of any other commercial medical marijuana transaction facility and/or marijuana establishment;
(b) Within 500 feet of a residential district or use;
(c) Within 1,000 feet of any school, nursery, licensed day care center or other building used for the care or instruction of children under 18 years of age;
(d) Within 1,000 feet of any church, house of worship or other religious facility or institution; and
(e) Within 1,000 feet of any public or municipal park.
(C) Permitted uses after special approval. The following uses may be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the City Planning Commission pursuant to § 157.177.
(1) The following retail and service establishments, provided that the establishments are clearly ancillary to the permitted industrial uses and are in keeping with the intent of this district:
(a) Eating and drinking establishments when food or beverage is consumed within a completely enclosed building. Establishments with a character or drive-in or open front store are prohibited;
(b) Barber shops;
(c) Truck tractor and trailer sales, rental, and repair; new automobile rental and leasing agency;
(d) Dog kennels;
(e) Motels; and
(f) Automobile service stations in accordance with § 157.074.
(2) Drive-in theaters, provided that any such site is adjacent to a major thoroughfare; that there shall be no vehicular access to any residential street; that suitable screening is provided to ensure that there shall be no highlight or other illumination directed upon any residentially zoned or developed property; and that the picture is not visible from a major thoroughfare; and that any drive-in theaters shall be located no closer than 1,000 feet to any residentially zoned or developed property.
(3) Industrial park, subject to the following provisions:
(a) Permitted uses shall include all principal permitted uses in this M-1 district;
(b) The minimum site size for an industrial park shall be 5 acres;
(c) All industrial parks shall be so located as to have at least 1 property line abutting a major thoroughfare. All ingress and egress shall be directly on to the major thoroughfare;
(d) No main or accessory building shall be situated less than 50 feet from any residential property line;
(e) No parking access or service area may be located less than 25 feet from any residential property line;
(f) Parking, loading, or service areas used by motor vehicles shall be located entirely within the boundary lines of the industrial park and shall be in accordance with §§ 157.110et seq. of this code;
(g) A planting strip of at least 10 feet wide shall be provided around the entire perimeter of the site except for driveways onto the public street system. A wall or barrier of suitable material not less than 5 feet high shall be constructed along those property lines which abut a residential district;
(h) A landscape plan which includes the entire site shall be submitted for approval to determine compliance with screening and planting strips; and
(i) Lighting facilities shall be required where deemed necessary for the safety and convenience of employees and visitors. These facilities will be arranged in a manner so as to protect abutting streets and adjacent properties from unreasonable glare or hazardous interference of any kind.
(4) Self-storage facilities, subject to the following:
(a) The minimum size of the site devoted entirely to this use shall be not less than 5 acres;
(b) This use shall not be directly adjacent to residentially zoned property on more than 1 side;
(c) All ingress and egress from the site shall be directly onto a principal arterial or major thoroughfare as designated on the city’s comprehensive development plan;
(d) All yard setbacks established in the M-1 district for buildings shall be complied with, except that setbacks between self-storage buildings on the same site must be at least 25 feet apart, side to side or front to rear;
(e) Maximum lot coverage may not exceed 40%;
(f) Maximum length of any self-storage building shall be 250 feet;
(g) No separate storage of combustible or flammable liquids, combustible fibers, or explosive materials as defined in the fire prevention code, or toxic materials, shall be permitted within the self-storage buildings or upon the premises. A lease agreement between the lessee and lessor shall state:
1. No flammable, combustible, or toxic material shall be stored or used on premises; and
2. The property shall be subject to periodic and unannounced inspections for flammable, toxic, and other hazardous materials by city officials.
(h) No storage outside of the self-storage buildings shall be permitted;
(i) Except as provided herein, the use of the premises shall be limited to storage only and shall not be used for operating any other business, for maintaining or repairing of any vehicles, recreational equipment, or other items, or for any recreational activity, hobby, or purpose other than the storage of personal items and business items as hereinbefore set forth;
(k) A security manager shall be permitted to reside on the premises to the extent required by this use (see § 157.068);
(l) All access aisles, parking areas, and walkways on the site shall be graded, drained, hard surfaced, and maintained in accordance with the standards and specifications of the city and applicable governmental agencies;
(m) Limited retail sales to tenants of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, and locks and chains shall be permitted on the site devoted to this use, provided the sale is conducted from the main office of the self- storage facility;
(n) Access to the self-storage facility premises shall be restricted to tenants only, by use of an attendant, mechanical or electronic locking device, or other entrance-control device;
(o) Fire hydrants and fire suppression devices shall be provided, installed, and maintained in compliance with all requirements of the Fire Department;
(p) No self-storage building shall exceed 15 feet in height, except that 1 office building and caretaker’s quarters may be allowed up to 25 feet; and
(q) Self-storage buildings, including storage buildings and caretaker’s quarters, shall be architecturally designed so as not to have a flat roof, and shall instead have a mansard, gable, hip, or gambrel roof design.
(D) Industrial performance standards. Any use established in the M-1 district shall not be permitted to carry on any activity, operation, use of land, building, or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be the maximum permissible hazard to humans or human activity.
(1) Noise. No operation or activity shall be carried out in the M-1 district which cause or create measurable noise levels exceeding the maximum sound intensity levels prescribed below, as measured on or beyond the boundary lines of the districts.
(a) A sound level meter and an octave band analyzer shall be used to measure the intensity and frequency of the sound or noise levels encountered. Sounds of very short duration, which cannot be measured accurately with the sound level meter, shall be measured by an impact noise and analyzer; the measurements so obtained may be permitted to exceed the maximum levels provided in the Table 157.046A by no more than 5 decibels.
(b) For the purpose of this ordinance, the following definition shall apply unless the context clearly indicates or requires a different meaning.
IMPACT NOISES. Those noises where peak values are more than 7 decibels higher than the values indicated on the sound level meter.
(c) Where street traffic noises directly adjacent to the property line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the table but may not exceed the level of the subject adjacent street traffic noises.
(d) In addition, sounds of an intermittent nature, or characterized by high frequencies, which the Zoning Administrator deems to be objectionable in adjacent districts, shall be controlled so as not to generate a nuisance in adjacent districts, even if the decibel measurement does not exceed that specified in the table.
Center Frequency (Cycles per Second) | M-1 |
500.0 | 50 |
1,000.0 | 46 |
2,000.0 | 39 |
4,000.0 | 32 |
8,000.0 | 28 |
(2) Smoke, dust, dirt, and fly ash. The emission of smoke, dust, dirt, and fly ash shall in no manner be unclean, destructive, unhealthful, hazardous, or deleterious to the general welfare.
(a) This type of emission shall be in strict conformance with all applicable state and county health laws as pertaining to air pollution and smoke abatement.
(b) A person shall not discharge into the atmosphere, from any single source of emission, any smoke of a density equal to, or greater than, that density described as No. 2 on the Ringlemann Chart as published by the U.S. Bureau of Mines; provided that the following exceptions to the provisions of this rule be permitted:
1. Smoke the shade or appearance of which is equal to but not darker than No. 2 of the Ringlemann Chart for a period or periods aggregating 4 minutes in any 30 minutes; or
2. Smoke the shade or appearance of which is equal to but not darker than No. 3 of the Ringlemann Chart for a period or periods aggregating 3 minutes in any 15 minutes when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.
(3) Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in a manner so as to be completely imperceptible from any point beyond the lot lines of the lot upon which the source of the glare or heat is located.
(4) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in the ratio of 1 volume of odorous air to 4 or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot lines, is prohibited.
(5) Vibration. Machines or operations which cause vibration shall be permitted, but no operation shall be permitted to produce ground transmitted oscillations which cause a displacement exceeding that specified in the following Tables 157.046B and 157.046C as measured at the property line. These vibrations shall be measured with a seismograph or accelerometer; preferably the former.
(a) For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
IMPACT VIBRATIONS. Discrete impulses which do not exceed 60 per minute.
STEADY STATE VIBRATIONS. Vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute.
(b) Between the hours of 8:00 p.m. and 6:00 a.m., all the maximum vibration levels below, as measured on or beyond the boundary line of residentially used areas adjacent to an M-1 district, shall be reduced to ½ the indicated permissible values.
Table 157.046B: Maximum Permitted Steady State Vibration in Inches | |
Frequency (Cycles per Second) | Permitted Vibrations |
10 and below | 0.001 |
10 to 19 | 0.0008 |
20 to 29 | 0.0005 |
30 to 39 | 0.0003 |
40 and above | 0.0001 |
Table 157.046C: Maximum Permitted Impact Vibration in Inches | |
Frequency (Cycles per Second) | Permitted Vibration
|
10 and below | 0.002 |
10 to 19 | 0.0015 |
20 to 29 | 0.001 |
30 to 39 | 0.0005 |
40 and above | 0.0002 |
(6) Fire and safety hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all state rules and regulations, and regulations as established by the Fire Prevention Act, Public Act 207 of 1941, as amended. Further, all storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or other types of retaining wall which will contain the total capacity of all tanks so enclosed. Bulk storage tanks of flammable liquids below ground shall be located not closer to the property line than the greater depth to the bottom of the buried tank.
(7) Sewage wastes. No industrial sewage wastes shall be discharged into sewers that will cause chemical reaction, either directly or indirectly, with the materials of the pipe or other structure construction to impair the strength or durability of sewer structures; cause mechanical action that will destroy or damage the sewer structures; cause restriction of the hydraulic capacity of sewer structures; cause placing of unusual demands on the sewage treatment equipment or process; cause limitation of the effectiveness of the sewage treatment process; or cause danger to public interest. Specific conditions controlling sewage wastes are as follows:
(a) The acidity or alkalinity shall be neutralized within an average pH range of between 5.5 and 7.5 as a daily average on a volumetric basis, with a permissible temporary variation in pH of 4.50 to 10.0;
(b) The wastes shall contain no cyanides. Wastes shall contain no chlorinated solvents in excess of 0.1 p.p.m.; no fluorides in excess of 10 p.p.m.; no more than 5 p.p.m. of hydrogen sulphide; and shall contain no more than 10 p.p.m. of chromates;
(c) The wastes shall not contain any insoluble substance in excess of 10,000 p.p.m.; exceed a daily average of 500 p.p.m.; fail to pass a No. 8 standard sieve; or have a dimension greater than 0.5 inch;
(d) The wastes shall not have chlorine demand greater than 15 p.p.m.;
(e) The wastes shall not contain phenols in excess of 0.05 p.p.m.;
(f) The wastes shall not contain any grease or oil or any oily substance in excess of 100 p.p.m. or a daily average of 25 p.p.m.;
(g) The wastes shall not contain any explosive substance; and
(h) The wastes shall not contain any toxic or irritating substance which will create conditions hazardous to public health and safety.
(8) Gases. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated. Sulphur dioxide gas, as measured at the property line at ground elevation, shall not exceed an average of 0.3 p.p.m.; hydrogen sulfide likewise shall not exceed 1 p.p.m.; fluorine shall not exceed 0.1 p.p.m.; nitrous fumes shall not exceed 5 p.p.m.; and carbon monoxide shall not exceed 15 p.p.m.; all as measured as the average intensity during any 24-hour sampling period.
(9) Electromagnetic radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this ordinance.
(10) Drifting and airborne matter, general. The drifting or airborne transmission beyond the lot line of dust, particles, or debris from any open stock pile shall be unlawful and shall be summarily caused to be abated.
(E) Compliance with county and state regulations. Any use permitted in the M-1 district must also comply with all applicable county and state health and pollution laws and regulations.
(F) Site plan review. For all uses permitted in the M-1 district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.
(G) Area, height, and placement requirements. Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.
(Ord. 2017-7-157, passed 12-4-2017; Ord. 2019-10-157, passed 9-16-2019)
(A) Statement of purpose.
(1) The intent of the M-2 district is to permit certain industrial uses to locate in desirable areas of the city, which uses are primarily of a manufacturing, assembling, and fabricating character, including large scale or specialized industrial operations requiring good access by road or railroad, and needing special sites or public and utility services.
(2) Reasonable regulations apply to users in this district so as to permit the location of industries which will not cause adverse effects on residential and commercial areas in the city.
(B) Principal permitted uses. In the M-2 district, no uses shall be permitted, unless otherwise provided in this ordinance, except the following:
(1) All principal permitted uses and permitted uses after special approval in the M-1 district subject to the terms and conditions imposed therein; and
(2) Industrial establishments:
(a) The assembly and manufacture of automobiles, automobile bodies, parts, and accessories, cigars and cigarettes, electrical fixtures, batteries, and other electrical apparatus, and hardware;
(b) Processing, refining, or storage of food and foodstuffs;
(c) Breweries, bumpshops, distilleries, machine shops, metal buffing, plastering and polishing shops, millwork lumber and planing mills, painting and sheet metal shops, undercoating and rustproofing shops, and welding shops;
(d) Automobile bumpshops, tire vulcanizing and recapping shops;
(e) Accessory buildings and uses customarily incidental to the above permitted principal uses, including living quarters of a watchperson or caretaker; and
(f) Any other uses similar to any of the above principal permitted uses.
(C) Permitted uses after special approval. The following uses may be permitted subject to the conditions hereinafter imposed and subject further to the review and approval of the City Planning Commission pursuant to § 157.177:
(1) Open storage yards of construction contractor’s equipment and supplies, building materials, sand, gravel, or lumber.
(a) These uses shall be located at least 200 feet from any residential district.
(b) If it is deemed essential by the Planning Commission to prevent loose materials from blowing into adjacent properties, a fence, tarpaulin, or obscuring wall of dimensions and materials specified by the Planning Commission shall be required around the stored material.
(c) No required yard spaces shall be used for the storage of equipment or material.
(2) Junk yards; and
(3) Mining, excavating, or other removal of sand, earth, minerals, or other material naturally found in the earth.
(D) Industrial performance standards. Any use established in the M-2 district shall not be permitted to carry on any activity or operation or use of land, building, or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be maximum permissible hazard to humans or human activity.
(1) Noise. No operation or activity shall be carried out in the M-2 district which causes or creates measurable noise levels exceeding the maximum sound intensity levels prescribed below, as measured on or beyond the boundary lines of the district.
(a) A sound level meter and an octave band analyzer shall be used to measure the intensity and frequency of the sound or noise levels encountered. Sounds of very short duration, which cannot be measured accurately with the sound level meter, shall be measured by an impact noise and analyzer; and the measurements so obtained may be permitted to exceed the maximum levels provided in the Table 157.047A by no more than 5 decibels.
(b) For the purpose of this ordinance, the following definition shall apply unless the context clearly indicates or requires a different meaning.
IMPACT NOISES. Those noises whose peak values are more than 7 decibels higher than the values indicated on the sound level meter.
(c) Where street traffic noises directly adjacent to the property line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the table but may not exceed the level of the subject adjacent street traffic noises.
(d) In addition, sounds of an intermittent nature, or characterized by high frequencies, which the Zoning Administrator deems to be objectionable in adjacent districts, shall be controlled so as not to generate a nuisance in adjacent districts, even if the decibel measurement does not exceed that specified in the table.
Table 157.047A: Maximum Permitted Sound Intensity Levels in Decibels (Post-1960 Preferred Frequencies) | |
Center Frequency (Cycles Per Second) | M-2 |
Table 157.047A: Maximum Permitted Sound Intensity Levels in Decibels (Post-1960 Preferred Frequencies) | |
Center Frequency (Cycles Per Second) | M-2 |
31.5 | 77 |
63.0 | 73 |
125.0 | 67 |
250.0 | 62 |
500.0 | 55 |
1,000.0 | 51 |
2,000.0 | 44 |
4,000.0 | 37 |
8,000.0 | 33 |
(2) Other performance standards. All other performance standards relative to smoke, dust, dirt, and fly ash; glare and heat; odor; vibration; fire and safety hazards; sewage wastes; gases; electromagnetic radiation; and drifting and airborne matter shall be in conformance with the industrial performance standards of the M-1 district as provided in § 157.046(D).
(E) Site plan review. For all uses permitted in the M-2 district, including structural restoration, reconstruction, extension, substitution, or renovation of existing uses, a site plan of the entire building premises shall be submitted for review and approval in accordance with § 157.092.
(F) Area, height, and placement requirements. Area, height, and placement requirements, unless otherwise specified, are as provided in Appendix A, Schedule of Regulations.
(A) Statement of purpose. The vehicular parking district is intended to permit the establishment of areas to be used for off-street vehicular parking of private cars, so as to service office, commercial, industrial, and institutional land uses. This district is designed to afford maximum protection to next adjacent residential areas by providing landscaped setbacks, fences, and well-designed parking lot facilities. It is also intended that this district act as a transitional area between office, commercial, industrial, and institutional uses, and residential areas, thereby permitting private developers as well as public agencies to provide needed off-street parking.
(B) Principal permitted uses. Vehicular parking only, subject to requirements in subsection (C) below, is permitted in the P-1 district.
(C) Limitation of the use. The following regulations shall apply:
(1) Parking areas shall be used only for parking of passenger vehicles operated by the management, the employees, customers, and guests of the enterprise doing business in the city;
(2) Parking may be with or without charge;
(3) No business involving the repair or services to vehicles, trailers, mobile homes, travel trailers, boats, or boat trailers, or sale, display, or storage of same, shall be permitted from or upon property zoned in a P-1 district;
(4) No building other than those for shelter of attendants shall be erected upon the premises, except as provided for in subsection (O) below. There shall not be more than 2 buildings of this type in the area and each building of this type shall not be more than 50 square feet in area nor shall exceed 15 feet in height; and
(5) No advertising signs shall be erected on the premises, except that not more than 1 directional sign at each point of ingress or egress may be erected which may also bear the name of the operator of the lot and enterprise it is intended to service. These signs shall not exceed 6 feet in area; shall not extend more than 10 feet in height above the nearest curb; and shall be entirely upon the parking area.
(D) Location. All P-1 districts shall be contiguous to an office, commercial, or industrial district. In all cases, lots which are used for parking shall be the adjacent successive lots from the office, commercial, or industrial property.
(E) Ingress and egress. Adequate ingress and egress shall be provided for vehicles to premises used for parking and shall be in accordance with the plan which shall be submitted in triplicate for approval in accordance with subsection (M) below.
(F) Surface of the parking area. The parking area shall be provided with a pavement in accordance with § 157.112(C)(7).
(G) Front yard.
(1) Where a P-1 district is contiguous to a residentially zoned district which has a common frontage on the same block with the P-1 district, and wherein residential structures have been erected, there shall be provided a yard space equal to the average setback of homes in the block on the same side of the street.
(2) Where the P-1 district is contiguous to a residentially zoned district which has a common frontage in the same block with the P-1 district and wherein residential structures have been erected having a front yard of greater than 20 feet in depth, there shall be provided a yard space equal in depth to the minimum distance of any residential structure so located, or to the minimum distance required by those restrictions, except in cases where residential structures have been erected at the rear lots. In those cases, the yard space shall not be less than 20 feet in depth or equal to the minimum required by the private restrictions.
(3) Where the P-1 district lies across a street and opposite a residentially zoned district wherein the lots front upon that street, there shall be provided a yard space not less than 20 feet in depth and a protective wall as set forth in subsection (I) below.
(H) Side yards.
(1) Where a P-1 district is contiguous to side lot lines of premises in a residentially zoned district, there shall be provided a side yard not less than 10 feet in width between the side lot lines and the parking area.
(2) Where the P-1 district lies across a street and opposite a residentially zoned district where the side lot lines are contiguous to that street, there shall be provided a yard space not less than 10 feet in depth.
(J) Bumper rail. There shall be provided a bumper rail in accordance with § 157.112(C)(4).
(K) Landscaping. Wherever the wall is required, all land between the wall and the boundaries of the P-1 district shall be kept free from refuse or debris and shall be landscaped. The landscaped area adjacent to the wall shall be planted with deciduous shrubs, evergreens, or ornamental trees.
(1) Fruit trees shall not be used. Where the arrangement of planting materials will result in exposure of the walls, those walls shall be covered with ivy, spirea border, or similar plant material. The remainder of the landscaped area which is not planted with the aforementioned stock shall be in well-kept lawn. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance.
(2) All planting plans shall be first submitted to the Zoning Administrator for approval as to suitability of planting materials and arrangement thereof in accordance with the provisions of the preceding subsection and requirements of § 157.112(C)(4).
(3) Where required landscaping is not sufficiently and properly maintained, the Zoning Administrator may, after 5 days’ notice has been given to the property owner as shown on the latest assessment roll, order whatever steps are necessary to suitably maintain the landscaped area and charge all of the costs plus a fee as set by the City Council, and amended by resolution from time to time to the property owner.
(L) Lighting. Where lighting facilities are provided, they shall be so arranged as to reflect the light away from all residentially zoned properties which are adjacent to the P-1 district and shall be in accordance with § 157.112(C)(7).
(M) Approval. All plans for the development of any P-1 district must first be approved by the Zoning Administrator before construction is started.
(N) Modification of requirements. The Board of Zoning Appeals, upon application by the property owner of the parking area, may modify the yard, wall, and ingress and egress requirements where in unusual circumstances, undue hardship would be suffered or no good purposes would be served in compliance with the requirements of this section. In all cases where such a protective wall extends to any alley which is a means of ingress or egress to a parking area, it shall be permissible to end the wall not more than 10 feet from the alley line in order to permit a wider means of access to the parking area and better visibility.
(O) Parking structures. Notwithstanding requirements set forth in subsection (C)(4) above and under special conditions, parking structures may be permitted in the P-1 district subject to the following conditions:
(1) A site plan shall be submitted for review and approval in accordance with § 157.092 showing the proposed parking structure, ingress and egress points, relationship to adjacent properties and to the building it is planned to serve, and landscaping at a scale sufficient to permit study of all elements of the plan. Typical elevations of the structure shall also be provided so that the exterior building material and architectural style will be in harmony with the principal building or buildings the parking structure is intended to serve and with the surrounding area; and
(2) Specific design standards for the parking structure and appurtenances (e.g., signs) thereto follow:
(a) When the parking structure is contiguous to side lot lines of a residentially zoned or used district, there shall be provided a minimum side yard of 15 feet between those side lot lines and the structure;
(b) The permitted height of any parking structure shall not exceed 30 feet. For every 1 foot the parking structure exceeds 10 feet in height, the yard requirements shall be increased by 1 foot beyond the minimum 15-foot requirement in subsection (O)(2)(a) above;
(c) When parking is permitted on the roof of a parking structure, an ornamental wall shall be provided around the perimeter of the roof. This wall shall be of suitable material and in harmony with the architecture of the parking structure and sufficiently opaque as to substantially conceal parked cars;
(d) All exterior lighting, especially that which may be provided on the roof, shall be glare- free and so arranged as to reflect away from all residentially zoned or used properties affected by the parking structure. There shall be no lighting of elevations of a parking structure facing any residentially zoned or used property;
(e) Signs shall be in accordance with all related ordinances of the city; and
(f) Unless otherwise specified, parking structures shall observe all requirements of subsections (A) through (N) above.
(A) Statement of purpose. The CBD, central business district is intended to promote development, to retain and create a vibrant and cohesive center for the City of Burton with a variety of quality places to work, live, shop, learn, recreate and be entertained. This district is intended to recognize and support the City of Burton central business district as the centerpiece of the City of Burton community.
(B) Intent. These special regulations are intended to assist with the implementation of goals and objectives contained in the City of Burton Downtown Development Authority (DDA) Strategic Vision Plan. Included in this plan are goals to promote development of a compact, walkable, mixed-use district, consisting of a variety of retail, entertainment, office, service, residential, cultural, recreation and municipal uses. To provide for the desired traditional downtown environment and accommodate the wide variety of permitted uses, this district includes specific design standards for site layout, setback continuity, building design, pedestrian amenities, parking arrangements, vehicular circulation and coordination of features between adjoining sites. One intent of this district is that buildings be placed close to the street, with parking in the side, or preferably, rear yard. Permitted uses shall be designed and arranged to minimize any adverse impact on street capacity or public services, and contribute to the overall image and function of the district. A mixture of uses within a building, such as retail on the ground floor and office or residential on upper floors is permitted. It is the further intent of this district to prohibit automotive related services and non-retail uses which tend to disrupt the continuity of the retail frontage.
(C) Principal permitted and special uses shall be in accordance with the following:
(1) All permitted and/or special uses allowed by the underlying zoning district (as designated on the zoning map) shall be permitted for that lot within the CBD. (For example, if the underlying zoning district is C-2, the uses permitted in C-2 are permitted for that lot).
(2) All uses shall meet the standards for the CBD district listed below in § 157.049(D) and as set forth in the Appendix A, Schedule of Regulations. The Planning Commission shall encourage and allow for zero front lot line setbacks to promote the appearance of a traditional downtown.
(3) Any building fronting on Saginaw Street or Bristol Road and having commercial or office on the first floor of said street frontage may contain office or residential uses on upper stories when adequate off-street parking is provided. Any non-conforming or previously approved uses other than commercial or office would require special use approval to contain residential mixed uses.
(4) Multi-story single family attached or townhouse (row house) buildings may be permitted as special land uses on lots that do not front along Saginaw Street or Bristol Road. Each dwelling shall comprise a single unit from the lowest floor to the highest floor of the building between common walls except that the Planning Commission may permit stacked units where the front building facade retains a traditional townhouse (row house) appearance.
(5) Open-air markets, outdoor restaurants, bars or cafes located on private property, temporary or permanent. This section shall not include roadside stands or food trucks which are provided for in Chapter 111 or outdoor recreational events, which are provided for in Chapter 113.
(D) Required conditions.
(1) All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building, provided that public plazas, sidewalk sales and open air markets may be permitted as an accessory use upon approval as a special land use.
(2) Exterior walls facing public rights-of-way, customer parking areas and adjoining property that is zoned or used for residential purposes shall have a finished appearance, using the same materials as used on the front facade of the building. Wherever possible, meter boxes, waste receptacles and mechanical equipment should not be located in the side of the building when visible from public views or when facing property zoned or used as residential.
(3) Ornamental lighting consistent with the established lighting system in the central business district shall be provided along public street frontages. Except for ornamental fixtures, all lighting shall be downward directed shall cut-off fixtures. Site, building and parking lot lighting shall be at a scale appropriate for the downtown and to prevent glare off-site.
(4) Whenever feasible parking shall be located in the side or rear yards, not in the front yard; however, parking in one front yard shall be permitted for corner lots.
(5) All garage doors, loading or service areas and waste receptacles shall be located in the rear yard of the lot and screened from view of any public street, adjacent residential zoning district or public property. Unless otherwise approved by the Planning Commission the screening shall consist of a fence consistent with the building, landscaping or a combination, as appropriate. The waste receptacles shall be screen in accordance with § 157.090.
(6) The number of access points shall be the minimum on Saginaw Street to provide reasonable access. Access points shall be designed and located to minimize conflicts with traffic operations along the street and be placed as far from intersections as practical at a minimum of 30 feet. The Planning Commission shall encourage and allow access off local streets, whenever it is feasible. The Planning Commission may require the applicant to provide a traffic impact study prepared by a qualified traffic engineer to evaluate traffic circulation and access concerns.
(7) Parking shall be provided for all uses in accordance with the requirements of § 157.111 except that the Planning Commission may reduce the amount of onsite parking required in the CBD by up to 50% in the following instances:
(a) The parking requirement may be satisfied through shared parking with an adjacent use. All uses must be located within 300 feet of the shared parking with a copy of an executed shared parking agreement provided to the city. Where uses with different peak hour parking demands, such as a restaurant and office share the same parking lot, the total cumulative parking requirement for all uses may reduce by up to 50%.
(b) A mixed-use development that has uses with different peak hour parking demands, such as a restaurant in an office building, may reduce the total cumulative parking requirement for all uses by up to 50%.
(c) The parking requirement maybe reduced by up to 50% where the applicant can demonstrate, based on supporting documentation provided by the applicant, the parking need for that particular use is less than required by this ordinance.
(d) Total parking requirements shall not be reduced by more than 50% even where a site satisfies more than 1 of the above criteria.
(8) All lawn and landscaping shall be maintained at a minimum of 6 inches, suggested height at 4 inches.
(9) Require maintenance of approved landscaping areas as approved through the Site Plan Review Process.
(E) Architectural conditions. All new buildings, additions and significant exterior changes or renovations shall be found to be architecturally compatible with the intent of the central business district. In making such a determination, the following will be considered:
(1) The exterior finish material of all building facades visible from the public street, parking lot or adjacent residentially zoned land, exclusive of window areas may consist of the following: brick, cut stone, field stone, cast stone, dimensional wood with an opaque stain, fiberglass reinforced concrete, polymer plastic (fypon), or BIFS. Exterior Insulation and Finishing Systems (EIFS) materials shall not be the primary building material. The Planning Commission may permit other materials for facades that are consistent with adjoining land uses.
(2) Blank walls shall not face a public street. Walls facing a public street shall include windows and architectural features customarily found on the front facade of a building, such as awnings, cornice work, edge detailing or other decorative finish materials. A usable public building entrance shall be provided at the front of the building. Wall massing shall be broken up with vertical pilasters or other architectural elements to reduce scale.
(3) Colors shall be consistent with the majority of the established buildings. Stark or bold colors, white and similar "non-traditional" downtown colors are not permitted.
(4) Facades may be supplemented by awnings which shall be straight sheds or made of an opaque material; translucent awnings shall not be permitted along the front building line.
(5) Sites shall be designed at a pedestrian scale with relationship to the street and sidewalk. Convenient and safe pedestrian access shall be provided between the public sidewalk and the building entrance. Bicycle racks may be provided for uses expected to attract bicyclists, such as fast food restaurants, ice cream parlors and convenience food stores.
(6) Rear or side entrances should be provided where parking is on the side or rear of the building.
(7) Building height may be increased to a maximum of 50 feet for a mixed use building with retail/office in the first floor and office and/or residential use on the floors above the first floor. Parking structures incorporated into the design of a mixed use building may also warrant the aforementioned increase in building height.
(8) Building design, facades and materials shall be consistent and adopted by the Planning Commission.
(F) For buildings proposed for expansion or renovation that existed prior to the effective date of this ordinance, the Planning Commission shall determine the extent of compliance based on the existing building and site arrangement, the extent of the changes proposed and the site design elements found to be most in need of modification.
(Ord. 2018-157.049, passed 12-4-2017; Ord. 2018-8-157.049, passed 11-5-2018)
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