(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)