• Section 4A.01 General Intent, Purpose, and Use.

(1) Purpose. R-1, One-Family Residential Districts are designed to provide for one-family dwelling sites and residentially related uses in keeping with the density character of the City. The preservation of the natural terrain and the standards under which the community has had its development take place are reflected in the controls set forth in this Article.

(2) Permitted Uses.

A. One-family detached dwellings;

B. Publicly owned and operated libraries, parks, parkways and recreational facilities;

C. Home occupations subject to requirements set forth in Section 5.09; and

D. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02.

(3) Special Land Uses.

A. Public, parochial and private elementary, intermediate and/or high schools subject to the requirements of Section 6.07;

B. Municipal office buildings, subject to the requirements of Section 6.08;

C. Churches and other facilities normally incidental thereto, subject to the requirements of Section 6.09;

D. Utilities and public service buildings and uses (without storage yards), subject to the requirements of Section 6.10;

E. Golf courses, country Clubs, recreational centers, and swim Clubs, subject to the requirements of Section 6.11;

F. Cemeteries, subject to the requirements of Section 6.13;

G. Spouse abuse/domestic violence shelters;

H. Bed and breakfast accommodations, subject to the requirements of Section 6.14;

I. Child day-care facilities, when located within a church or school, subject to the requirements of Section 6.02; and

J. Domestic units with 3 or more residents in accordance with Section 5.14.

K. Special accommodation uses in accordance with Section 6.29.

(b) R-2, One-Family Residential District.

(1) Purpose. R-2, One-Family Residential Districts are designed to provide for one-family dwelling sites and residentially related uses at a lower density than the R-1 District. The preservation of the natural terrain and the standards under which the community has had its development take place are reflected in the controls set forth in this Article.

(2) Permitted Uses.

A. One-family detached dwellings;

B. Publicly owned and operated libraries, parks, parkways and recreational facilities;

C. Home occupations , subject to the requirements of Section 5.09; and

D. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02.

(3) Special Land Uses.

A. Public, parochial and private elementary, intermediate and high schools, subject to the requirements of Section 6.07;

B. Municipal office buildings, subject to the requirements of Section 6.08;

C. Churches and other facilities normally incidental thereto, subject to the requirements of Section 6.09;

D. Utilities and public service buildings and uses (without storage yards), subject to the requirements of Section 6.10;

E. Golf courses, country clubs, private recreational centers and swim clubs, subject to the requirements of Section 6.11;

F. Cemeteries, subject to the requirements of Section 6.13;

G. Spouse abuse/domestic violence shelters;

H. Bed and breakfast accommodations, subject to the requirements of Section 6.14; and

I. Child day-care facilities, when located within a church or school, subject to the requirements of Section 6.02.

J. Special accommodation uses in accordance with Section 6.29.

(1) Purpose. R-T, Two-Family Residential Districts are designed to provide sites for two-family structures. Such sites may be provided where streets and facilities are able to support the increased density and as zones of transition between nonresidential districts and one-family residential districts.

(2) Permitted Uses.

A. All uses permitted and as regulated in R-1 One-Family Residential Districts. Standards in Section 4.06(a) applicable to the R-1 District shall apply as minimum standards when one-family detached dwellings are erected;

B. Two-family dwellings; and

C. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02.

(3) Special Land Uses.

A. Bed and breakfast accommodations, subject to the requirements of Section 6.14;

B. Child day-care facilities, when located within a church or school, subject to the requirements of Section 6.02; and

C. Foster family group homes and adult foster care facilities subject to the requirements of Section 6.04.

D. Transitional housing facility in accordance with Section 6.27.

E. Special accommodation uses in accordance with Section 6.29.

(d) R-M, Multiple Family Residential District.

(1) Purpose. R-M, Multiple Family Residential Districts are designed to provide sites for multiple family dwelling structures which will generally serve as zones of transition between nonresidential districts and lower density One-Family Districts. The multiple family dwelling is further provided to serve the limited need for an apartment-type unit in an otherwise one-family residential community.

(2) Permitted Uses.

A. All uses permitted and as regulated in an R-T, Two-Family Residential District;

B. Multiple family dwellings;

C. Spouse abuse/domestic violence shelters; and

D. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02.

(3) Special Land Uses.

A. Child and adult day-care facilities, subject to the requirements of Section 6.02;

B. Housing for the elderly, Nursing homes, and convalescent centers, subject to the requirements of 6.03;

C. Funeral homes or mortuaries, provided that such use have direct access to an existing or proposed major thoroughfare or collector street;

D. Bed and breakfast accommodations, subject to the requirements of Section 6.14;

E. Foster family group homes and adult foster care facilities subject to the requirements of Section 6.04;

F. Domestic units with 3 or more residents in accordance with Section 5.14;

G. Transitional housing facility, subject to the requirements of Section 6.27; and

H. Special accommodation uses in accordance with Section 6.29.

(e) MHP, Mobile Home Park.

(1) Purpose. This intent of this district is to provide for mobile home residential development in areas where the natural conditions and features, public services, and infrastructure are capable of supporting such development areas zoned MHP shall be located in areas that are compatible with the character and density of adjacent uses.

(2) Permitted Uses.

A. Mobile home parks, subject to the requirements of Section 6.24;

B. Parks and playgrounds; and

C. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Sections 5.02.

(f) O-1, Office District.

(1) Purpose. O-1, Office Districts are designed to accommodate uses, such as offices, banks and funeral homes, which can serve as transitional areas between commercial and residential districts and provide transitions between major thoroughfares and residential districts. O-1 Districts will provide greater protection to existing one-family homes located in areas that are becoming less desirable for one-family residential use.

(2) Permitted Uses.

A. Offices for any of the following kinds of occupations: executive, administrative and professional, including legal, real estate and insurance;

B. Professional offices of doctors, dentists, chiropractors, osteopaths and similar or allied professionals;

C. Banks, including drive-in facilities;

D. Libraries, post offices, governmental office buildings and public utility offices, not including storage yards, transformer stations, exchanges or substations;

E. Funeral homes or mortuaries provided such use has direct access to an existing or proposed thoroughfare or collector street;

F. Churches and other incidental facilities, subject to the requirements of Section 6.09;

G. Clinics;

H. Off-street parking lots;

I. Spouse abuse/domestic violence shelters;

J. Publicly owned and operated parks and recreational facilities;

K. Other uses similar to the uses permitted in this section; and

L. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02.

(3) Special Land Uses.

A. Professional pharmacies, located within an office building;

B. One-family attached dwellings, located within a building containing another permitted use or as a stand alone use, and subject to the requirements of Section 5.16;

C. Child and adult day-care facilities, subject to the requirements of Section 6.02;

D. General hospitals, subject to the requirements of Section 6.15;

E. Public and private colleges, universities and other such institutions of higher learning, subject to the requirements of Section 6.12; and

F. Private clubs, lodges and reception halls, subject to the requirements of Section 6.26 .

(4) Conditions of Use.

A. No interior displays shall be visible from the exterior of the building;

B. The outdoor storage of goods or materials in such a district is prohibited, irrespective of whether or not such goods or materials are for sale; and

C. Warehousing or indoor storage of goods or materials, beyond that normally incidental to the uses permitted in this subsection, is prohibited in such a district.

(g) CBD, Central Business District.

(1) Purpose. CBD, Central Business Districts are designed to provide for office buildings and the great variety of large retail stores and related activities which occupy the prime retail frontage, by serving the comparison, convenience and service needs of the entire Municipal area as well as a substantial area of the adjacent and surrounding residential developments beyond the limits of the City. The regulations of such Districts are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging a continuous retail frontage and by prohibiting automotive-related services and non-retail uses which tend to break up such continuity.

(2) Permitted Uses.

A. All permitted uses in the O-1, Office District;

B. Generally recognized retail businesses which supply commodities on the premises within completely enclosed buildings, such commodities including, but not limited to, foods, drugs, liquor, furniture, clothing, dry goods, notions or hardware;

C. Personal service establishments which perform services on the premises within completely enclosed buildings, such establishment include, but are not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors, barber shops, interior decorators, photographers and drycleaners;

D. Restaurants and taverns where the patrons are served while seated within the building occupied by such establishment, such establishment not to extend as an integral part of, or accessory thereto, any service of a drive-in or drive-through facility;

E. Theaters, when completely enclosed;

F. Offices and showrooms of plumbers, electricians, decorators or similar tradesmen, in connection with whom not more than twenty-five (25) percent of the floor area of the building or part of the building occupied by such establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing the products or merchandise of the tradesman, provided that the ground floor premises facing upon, and visible from, an abutting street shall be used only for entrances, offices or display. All storage of materials of any kind shall be within the confines of the building or part thereof occupied by such establishment;

G. Newspaper offices and printing plants;

H. One-family dwellings located above the first floor within a building containing a permitted use, and subject to the requirements of Section 5.08;

I. Sidewalk café service, operated by a restaurant or other food establishment which sells food for immediate consumption, subject to the requirements of Section 6.20;

J. Private clubs, lodges and reception halls, subject to the requirements of Section 6.26;

K. Seasonal and transient display of products or materials intended for retail sale or rental, subject to the requirements of Section 6.19;

L. Outdoor display of products or materials intended for retail sale or rental, subject to the requirements of Section 6.18; and

M. Other uses similar to the uses permitted in this section;

N. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02.

(3) Special Land Uses.

A. Brewpubs, small distillers, and small wine producers meeting all licensing requirements of the State of Michigan.

(4) Conditions of Use.

A. All business establishments in a CBD, Central Business District shall be retail or service oriented uses which deal directly with the customers;

B. When goods are produced on-site, the majority of sales shall be make on premises to retail customers; and

C. All business operations in such a district, except off-street parking and loading, shall be conducted in completely enclosed buildings.

(h) B-1, Local Business District.

(1) Purpose. B-1, Local Business Districts are designed solely for the convenience shopping of persons residing in adjacent residential areas and to permit only such uses as are necessary to satisfy those limited basic shopping and/or service needs which by their very nature are not related to the shopping pattern of CBD, Central Business Districts.

(2) Permitted Uses.

A. All uses permitted in the O-1, Office District;

B. Generally recognized retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such commodities include, but are not limited to, groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing, notions and hardware;

C. Personal service establishments which perform services on the premises for persons residing in adjacent residential areas, such establishments include, but are not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors and barber shops;

D. One-family detached dwellings, subject to the requirements of Section 5.08;

E. Self-service laundry and/or dry cleaning establishments;

F. Seasonal and transient display of products or materials intended for retail sale or rental, subject to the requirements of Section 6.19;

G. Outdoor display of products or materials intended for retail sale or rental, subject to the requirements of Section 6.18;

H. Other uses similar to uses permitted in this section; and

I. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02.

(3) Special Land Uses.

A. Automobile filling stations for the sale of gasoline, oil and minor accessories, subject to the requirements of Section 6.17;

B. Publicly owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations with service yards, but without storage yards;

C. One-family attached, residential dwelling units located within a building containing another permitted use or as a stand alone use, and subject to the requirements of Section 5.16;

D. Child and adult day-care facilities, subject to the requirements of Section 6.02; and

E. Private clubs, lodges and reception halls, subject to the requirements of Section 6.26.

F. Brewpubs and small wine producers meeting all licensing requirements of the State of Michigan.

(4) Conditions of Use.

A. All business establishments in a B-1, Local Business shall be retail or service oriented uses that deal directly with the customers.

B. All goods produced on-site shall be sold on the premises to retail customers only; and

C. All business operations in such a district, except off-street parking and loading, shall be conducted in completely enclosed buildings.

(i) B-2, General Business District.

(1) Purpose. B-2, General Business Districts are intended to provide for a variety of commercial and service uses, including more intensive commercial uses not permitted in the O-1, CBD and B-1 Districts. B-2 Districts are intended to permit commercial establishments that cater to the convenience and comparison shopping needs of City residents. Because of the variety of business types permitted in B-2 Districts, special attention must be focused on site layout, building design, vehicular circulation and coordination of site features between adjoining sites.

(2) Permitted Uses.

A. All permitted uses in O-1, Office District and B-1, Local Business Districts as set forth in Sections 4.06(f) and 4.06(h), with the exception of one-family dwellings;

B. Generally recognized retail businesses which supply commodities such as groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing, notions, hardware, office supplies, and other business to business sales intended to serve a broader market;

C. Public utility transformer stations and substations, telephone exchanges and public utility offices;

D. Photographic studios;

E. Establishments which perform services on the premises within completely enclosed buildings, which may include, but are not limited to, repair shops, tailors, beauty parlors, barber shops, interior decorators, photographers, printing and photocopying services, and dry cleaners;

F. Public and private colleges, universities and other such institutions of higher learning, subject to the requirements of Section 6.13;

G. Indoor commercial recreation and entertainment, such as bowling alleys, theaters, health and fitness clubs, skating rinks, billiard parlors and video game arcades;

H. Restaurants, including carry-out, sit-down, drive-in and drive-through facilities, and Taverns;

I. Outdoor display of products or materials intended for retail sale or rental, subject to the requirements of Section 6.18;

J. Seasonal and transient display of products or materials intended for retail sale or rental, subject to the requirements of Section 6.19;

K. Other uses similar to the uses permitted in this section;

L. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02; and

M. Outdoor seating areas for restaurants. Decks shall be subject to the requirements of Section 5.02(c).

(3) Special Land Uses.

A. Establishments of plumbers, heating contractors, decorators, electricians or similar tradesman. Outdoor storage shall be limited to vehicles;

B. Automobile filling stations, repair garages, service stations, washes, and dealerships, subject to the requirements of Section 6.17;

C. Bus passenger stations;

D. Motels and hotels, subject to the requirements of Section 6.16;

E. Outdoor recreational space, such as amusement parks, carnivals or miniature golf courses;

F. One-family attached, residential dwelling units located within a building containing another permitted use or as a stand alone use, and subject to the requirements of Section 5.16;

G. Child and adult day-care facilities, subject to the requirements of Section 6.02;

H. Outdoor sales of automobiles and vehicles, subject to the requirements of Section 6.06;

I. Private clubs, lodges and reception halls, subject to the requirements of Section 6.26; and

J. Self-storage facilities, subject to the requirements of Section 6.05.

(4) Conditions of Use.

A. All business establishments in a B-2, General Business District shall be retail or service establishments dealing directly with consumers. When goods are produced on- site, the majority of sales shall be made on the premises to retail customers.

B. All operations in a B-2 District shall be conducted in a completely enclosed building, except where outdoor use and storage are specifically permitted by this Article.

C. Warehouses and storage facilities shall be permitted when incident to, and physically connected with, a principal permitted use, provided that such a warehouse or storage facility is within the confines of the building or part hereof occupied by such use and does not exceed 25% of the total floor area of the building.

(j) MXD, Mixed Use District.

(1) Purpose. The Mixed Use District is intended to implement the Goals and Policies of the Master Plan through the provision of a mixture of residential, office, and low intensity commercial uses. The specific goals which the MXD, Mixed Use District seeks to implement, include the following: 1) Provide for planned growth which maintains the core of the City while allowing for appropriate growth at and beyond its perimeters; 2) Maintain and encourage a diversity of housing; 3) Control strip commercial development and minimize negative impacts of existing strip development; and, 4) Creating new residential and commercial development opportunities at the City perimeters thereby preventing a "landlocked" City.

This designation is intended to encourage the development of traditional neighborhoods through a coordinated land use pattern of residential, office or local commercial uses. Upper floor residential above retail or office is also encouraged. It is further the intent of this District to promote excellence in the use of land and the design of buildings and sites; encourage cross boundary provisions for infrastructure; maintain the existing natural features; ensure compatible land use; and improve the visual image for safe vehicular and pedestrian movement. Additionally, the District is intended to conform with any conceptual and sub-area plans completed by the City.

(2) Permitted Uses.

A. One-family and two-family detached/attached dwellings;

B. Publicly owned and operated libraries, parks, parkways and recreational facilities;

C. Public, parochial and other private elementary schools, subject to the requirements of Section 6.07;

D. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02; and

E. Home occupations , subject to the requirements of Section 5.09.

(3) Special Land Uses.

A. Multiple family dwellings or apartment buildings;

B. Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit, subject to the requirements of Section 6.07;

C. Utilities and public service buildings and uses (without storage yards), subject to the requirements of Section 6.10;

D. Golf courses, country clubs, recreational centers and swim clubs, subject to the requirements of Section 6.11;

E. Bed and breakfast accommodations, subject to the requirements of Section 6.14;

F. Business, professional and medical offices;

G. Banks, credit unions and savings and loan associations;

H. One-family dwellings located within a building containing another permitted or specially permitted use, and subject to the requirements of Section 5.16;

I. Personal service establishments, such as, but not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors, barber shops, interior decorators, photographers and drycleaners;

J. Generally recognized retail businesses which supply commodities on the premises within completely enclosed buildings, such commodities include, but are not limited to, foods, personal use items (drugs, health care, notions, books, magazines, periodicals, stationary and office supplies), liquor, clothing, dry goods, florist's shops, hobby and craft stores, gifts, antiques, jewelry, hardware and household supplies, wearing apparel, and similar products.

K. Restaurants and taverns where the patrons are served while seated within the building occupied by such establishment, such establishment not to extend as an integral part of, or accessory thereto, any service of a drive-in or an open-front store.

L. Sidewalk café service, operated by a restaurant or other food establishment which sells food for immediate consumption, and subject to the requirements of Section 6.20;

M. Child and adult day-care facilities, subject to the requirements of Section 6.02;

N. Housing for the elderly, Nursing homes and convalescent centers, subject to the requirements of Section 6.03;

O. Funeral homes and mortuaries; and

P. Automobile fueling stations that are incidental to a principal retail use in a shopping center, subject to all of the following:

i. The portion of the site occupied by the fueling station shall not exceed five percent or one acre, whichever is less, of the shopping center site.

ii. The fueling station shall be located no further than 500 feet from the primary entrance of the principal retail use it is incidental to.

iii. A single building servicing the fuel islands that does not exceed 1,000 square feet shall be permitted.

iv. Access to the fueling station shall be provided solely from drives which are internal to the shopping center. Separate access from the fueling station to a public road shall be prohibited.

v. The fueling station shall meet all of the applicable standards in Section 6.22 Mixed Use District Development Regulations.

vi. Vehicular access to and circulation within the fueling station site shall control the flow of traffic and be arranged in a manner that will not create a hazard to motorists and pedestrians.

vii. Canopy and building design and materials shall be compatible with and visually complement the design of the shopping center, per the requirements of Section 6.22(k).

viii. Exterior lighting shall comply with the standards of Section 6.22(i). Canopy lighting shall be recessed.

ix. In addition to meeting all applicable requirements of Section 5.10, the perimeter boundary of the fueling station site shall be defined with curbing and landscaping.

Q. Drive-thrus that are incidental to a permitted retail, standard restaurant, or service use in a shopping center, subject to all of the following in addition to the requirements of section 10.08:

i. Access to the drive-thru must be provided solely from drives which are internal to the shopping center.

ii. Drive-thru restaurants, as defined in this ordinance, are prohibited in the MXD District.

iii. No more than one drive-through servicing a cashier, payment and/or pickup window shall be permitted for each individual building, regardless of the number of uses. Dual ordering stations for drive-through food services shall not be permitted.

R. Accessory building and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02.

(4) Conditions of Use.

In addition to all regulations applicable to those uses located within the district, the Mixed Use Development Regulations as outlined in Section 6.22, shall also apply.

(k) I-1, Light Industrial.

(1) Purpose. I-1, Light Industrial Districts are designed so as to primarily accommodate wholesale activities, warehouses and industrial operations whose external physical effects are restricted to the area of the District and in no manner affect in a detrimental way any of the surrounding districts. I-1 District is so structured as to permit, along with any specified use, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semi-finished products from previously prepared material. It is further intended that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another location, not be permitted in the district.

(2) Permitted Uses.

A. Research and development, technical training, and product design offices;

B. Manufacturing, processing, packaging or assembling of merchandise from previously prepared raw materials.

i. Communication, transmission and reception equipment such as coils, tubes, semi- conductors, navigation control equipment and systems guidance equipment;

ii. Data processing equipment and systems;

iii. Metering instruments;

iv. Optical and photographic devices, equipment and systems;

v. Scientific and mechanical instruments such as calipers and transits;

vi. Testing equipment;

vii. Electrical machinery, equipment and supplies, electronic equipment, components and accessories;

viii. Office, computing and accounting machines; and

ix. Bottling plants.

C. Warehouse, storage and transfer and electric and gas service buildings and yards; public utility buildings; telephone exchange buildings; electrical transformer stations and substations and gas regulator stations; water supply and sewage disposal plants; water and gas tank holders; railroad transfer and storage tracks; railroad rights of way; and freight terminals in accordance with the requirements of Section 5.13;

D. Municipal uses such as water treatment plants, reservoirs, water supply and sewage treatment plants, and all other Municipal buildings and uses, including outdoor storage;

E. Self-storage facilities, subject to the requirements of Section 6.05;

F. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02;

G. Publicly owned and operated parks and recreational facilities;

H. Data processing and computer centers including the servicing and maintenance of electronic data processing equipment; and

I. Printing, publishing and related activities;

J. Laboratories for medical, research, or other experimental testing;

K. Tool, die, gauge, and machine shops; and

L. Office space and/or buildings for administrative functions associated with another permitted use.

(3) Special Land Uses.

A. Automobile repair garages, and collision services when completely enclosed, and subject to the requirements of Section 6.17;

B. Lumber and planing mills when completely enclosed;

C. Metal plating, buffing and polishing, subject to appropriate measures to control the type of process to prevent noxious results and/or nuisances;

D. Storage facilities for building materials, sand, gravel, stone, lumber and contractors' equipment and supplies, provided that such storage is enclosed in a building or within an obscuring wall or fence as per the conditions of use in Section 4.06(4) and Section 5.13 of the Zoning Code;

E. Auto washes intended for industrial use only;

F. Other uses similar to the uses permitted in this sub-section;

G. Microwbreweries, meeting all licensing requirements of the State of Michigan; and

H. Kennels, subject to the requirements of Section 6.28.

(4) Condition of Use.

All uses conducted outside of a fully enclosed building shall be located in a designated area and enclosed and screened in accordance with the requirements of Section 5.13 of the Zoning Code.

(l) I-2, General Industrial District.

(1) Purpose. I-2, General Industrial Districts are designed primarily for manufacturing, assembling and fabrication activities, including large scale or specialized industrial operations, whose external physical effects will be felt to some degree by surrounding districts. I-2 District is so structured as to permit the manufacturing, processing and compounding of semi-finished or finished products from raw materials.

(2) Permitted Uses.

A. Principal uses permitted in an I-1 Light Industrial District;

B. Contractor's establishments provided all products, material, and equipment is stored within an enclosed building;

C. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms with the performance standards set forth in Article 8, except such uses as are specifically excluded from the City by ordinance;

D. Trucking and cartage facilities, truck and industrial equipment storage yards, repairing and washing equipment and yards subject to the requirements of Section 5.13;

E. The following production, processing, packaging, assembling or manufacturing uses (not including the storage of finished products) provided that they are located not less than eight hundred (800) feet from a Residential District and not less than three hundred (300) feet from any other district:

i. Blast furnaces, steel furnaces and blooming or rolling mills;

ii. The manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of Paris;

iii. The production, refining or storage of petroleum or other inflammable liquids;

iv. The smelting of copper, iron or zinc ore;

v. Pharmaceutical preparations, cosmetics and toiletries;

vi. Plastic products such as laminate, pipe, plumbing products, and miscellaneous molded or extruded products;

vii. Stone, clay, glass and leather products;

viii. Food products, bakery goods, candy and beverages;

ix. Prefabricated buildings and structured members; and

x. Appliances.

F. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Section 5.02;

G. Metal fabrication and tool and die shops;

H. Fabrication of paper and wood products such as office supplies, bags, books, cabinets, furniture and toys;

I. Packaging operations, but not including baling of discarded or junk materials, such as, but not limited to: paper, cloth, rags, lumber, metal or glass;

J. Printing, publishing, or related activities;

K. Manufacture and repair of signs, and heating and ventilating equipment; and

L. Recycling operations.

(3) Special Land Use.

A. Salvage yards, provided that they are entirely enclosed in buildings or enclosed and screened in accordance with Section 5.13, and provided, further, that one (1) property line abuts a railroad right-of-way. There shall be no burning on the site, and all industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within a completely enclosed building;

B. Heating and electric power generating plants and all necessary uses; and

C. All uses conducted outside of a fully enclosed building shall be located in a designated area and enclosed and screened in accordance with Section 5.13.

(m) P-1, Vehicular Parking District.

(1) Purpose. P-1, Vehicular Parking Districts are designed to accommodate off-street parking for those nonresidential uses which are not able to provide adequate space within their own district boundaries or to provide a buffer area between residential and nonresidential uses.

(2) Permitted Uses.

A. Premises in a P-1 Vehicular Parking District shall be used only for an off-street vehicular parking area and shall be developed and maintained subject to this Article 10.

(3) Conditions of Use.

A. A parking area in a P-1, Vehicular Parking District shall be accessory to, and for use in connection with, one (1) or more business or industrial establishments, or in connection with one (1) or more existing professional or institutional office buildings or institutions;

B. Such parking area shall be used solely for the parking of private passenger vehicles for periods of less than one day;

C. No sign, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking areas;

D. No building shall be erected on the premises, except for a building for the shelter of attendants, which shall not exceed fifteen (15) feet in height;

E. Such parking area shall be contiguous to an R-M Multiple Family Residential, O-1 Office, CBD Central Business, B-1 Local Business, B-2 General Business, I-1 Industrial 1 or I-2 Industrial 2 District. There may be a private driveway, public street or public alley between the P-1 District and such R-M, O-1, CBD, B-1, B-2, I-1 or I-2 District; and

F. An application for P-1 District rezoning shall be made to the Building Department by submitting a layout of the area requested showing the intended parking plan.

(n) HL-1, Historic Limited Use District.

(1) Purpose. HL, Historic Limited Use Districts are designed to safeguard the unique historical heritage of the City by preserving historic districts, structures, objects and areas which reflect elements of the City's unique cultural, social, economic, political or architectural history; to stabilize and improve property values and the economy within historic districts; to foster civic beauty and pride; to promote the use of historic districts for the education, pleasure and welfare of the citizens of the City. The HL-1 district specifically intends to preserve the historic character of the properties within the district and to permit residential, office and private school uses. See Section 6.23 for the specific use provisions.

(2) Permitted Uses.

A. One-family detached dwellings, including manufactured homes when located outside trailer courts, except that manufactured homes are subject to the requirements of Chapter 1286, provided, however, that a dwelling is exclusively owner-occupied for residential purposes only, and provided, further, that any revenue-generating enterprise carried on therein, whether an office, a professional practice or residential rental of all or any part of the premises, shall be a specially permitted use;

B. Private pools, subject to the requirements of Section 6.17;

C. Home occupations as provided in Section 5.09; and

D. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Sections 5.02 and 6.17.

(3) Special Land Uses.

A. Residential rental (whether or not owner-occupied in part) country inns;

B. Professional offices of doctors, dentists, chiropractors, osteopaths and similar or allied professionals;

C. Offices for executive, administrative or professional occupations;

D. Bed and breakfasts accommodations, subject to the requirements of Section 6.14; and

E. Parochial and private elementary, intermediate and/or high schools subject to the requirements of Section 6.07 and the Historic Overlay District Regulations of Section 6.23.

(4) Conditions of Use.

In addition to all regulations applicable to those uses located within the HL District, the Historic Overlay District Regulations as outlined in Section 6.23, shall also apply.

(o) HL-2, Historic Limited Residential Use District.

(1) Purpose. HL, Historic Limited Use Districts are designed to safeguard the unique historical heritage of the City by preserving historic districts, structures, objects and areas which reflect elements of the City's unique cultural, social, economic, political or architectural history; to stabilize and improve property values and the economy within historic districts; to foster civic beauty and pride; to promote the use of historic districts for the education, pleasure and welfare of the citizens of the City. The HL-2 district specifically intends to preserve the historic, residential character of the properties within the district. See Section 6.23 for the specific use provisions

(2) Permitted Uses.

B. Private pools, subject to the requirements of Section 6.17;

C. Home occupations as provided in Section 5.09; and

D. Accessory buildings and uses customarily incidental to any of the uses permitted in this subsection, and subject to the applicable requirements of Sections 5.02 and 6.17.

(3) Special Land Uses.

A. Residential rental (whether or not owner-occupied in part); and

B. Bed and breakfasts accommodations, subject to the requirements of Section 6.14.

(4) Conditions of Use. In addition to all regulations applicable to those uses located within the HL-2 District, the Historic Overlay District Regulations as outlined in Section 6.23, shall also apply.

• Section 4.07 Schedule of Area, Height, Width and Setback Regulations.

	Minimum Lot Size		Minimum Yard Setbacks				Maximum Building Height		Footnotes
Zoning District	Area (sq. ft.)	Lot Width (ft.)	Front (ft.)	Side (feet)		Rear (ft.)	Stories	Feet
				Least	Total
R-1, One-Family Residential	8,400	70	25	8	20	35	2 ½	25	a, b, c, i, n, o, q
R-2, One-Family Residential	9,600	80	25	10	20	35	2 ½	25	a, b, c, i, n, o, q
R-T, Two-Family Residential	4,200 (per unit)	35 (per unit)	25	8	20	35	2 ½	25	a, c, i, n
R-M, Multiple Family Residential	—	—	30	30	60	30	3	35	a, d, e
MHP, Mobile Home Park	—	—	—	—	—	—	—	—	k
O-1, Office	8,400	70	(p)	8	20	20	3	35	a, f, p
CBD, Central Business District	—	—	—	—	—	—	3	35	f, g
B-1, Local Business	8,400	70	(p)	8	20	20	2 ½	25	a, f, p
B-2, General Business	8,400	70	(p)	8	20	20	3	35	a, f, p
MXD, Mixed Use	10 acres	—	—	—	—	—	—	—	l
I-1, Light Industrial	20,000	100	50	10	20	25	—	—	a, f, h, j
I-2, General Industrial	20,000	100	50	10	20	25	—	—	a, f, h, j
P-1, Vehicular Parking	—	—	25	—	—	—	—	—	m
HL-1, Historic Limited Use	8,400	70	25	8	20	35	2 ½	25	a, b, c, o
HL-2 Historic Limited Residential Use	8,400	70	25	8	20	35	2 ½	25	a, b, c, o

Section 4.07 Footnotes:

(a) For all dwelling units, the minimum yard setback shall be twelve (12) feet between main buildings on adjoining lots, or the setback as described in subsection (a) hereof, whichever is greater. The setback shall be determined by measuring from the exterior wall of each building to the side lot line or to the next main building on any adjoining lot. If the building roof overhang is more than two (2) feet, then, in such an event, the setback shall be measured from the exterior edge of the overhang.

For all principal uses other than dwelling units, the minimum yard setback shall be determined by the applicable provisions of the Building and Housing Code or the setback as described in subsection (a) hereof, whichever is greater.

(b) For all uses permitted, other than one-family residential, the setback shall equal the greater of the height of the main building or the required setback.

(c) The side yard setback abutting a street shall not be less than ten (10) feet when there is a common rear yard relationship in the block and a common side yard relationship with the block directly across the common separating street. In the case of a rear yard abutting a side yard of an adjacent lot, the side yard setback abutting a street shall not be less than the required minimum front yard of the district.

(d) The maximum density shall be computed as follows:

(1) Efficiency or one-bedroom units shall not exceed ten (10) dwelling units per acre or 4,356 square feet of site area for each dwelling unit.

(2) Two-bedroom units shall not exceed eight (8) dwelling units per acre of 5,445 square feet of site area for each dwelling unit.

(3) Three-bedroom units shall not exceed six (6) dwelling units per acre or 7,260 square feet of site area for each dwelling unit.

The area used for computing density shall be the total site area, exclusive of any dedicated public right of way of either an interior or adjacent street.

(e) In an R-M, Multiple Family Residential District, the minimum distance between two (2) buildings shall be twenty-five (25) feet.

(f) Parking is permitted in the front yard with a minimum ten (10) foot setback from the street right of way provided. The parking plan layout, points of access and screening shall be approved by the Planning Commission. Screening shall be provided in accordance with Section 5.10(d)(3).

(g) The Planning Commission may approve a building height in excess of thirty-five (35) feet in accordance with the Section 3.03, Special Land Use provisions, and providing the following conditions have been met:

(1) All structures, or portions of structures, within one hundred (100) feet of a residentially zoned parcel shall be maintained at no greater than thirty-five (35) feet tall;

(2) All structures, or portions of structures, between one hundred (100) and one hundred and fifty (150) feet from a residentially zoned parcel shall be maintained at no greater than forty-five (45) feet tall;

(3) All structures, or portions of structures, beyond one hundred and fifty (150) feet from a residentially zoned parcel shall be maintained at no greater than fifty-five (55) feet tall;

(4) The structure has compatible architectural style and mass with the adjacent parcels; and

(5) One (1) or more of the following shall apply: off-street parking is provided on-site, the building is part of a mixed use development, or there is a demonstrated community benefit (i.e. parkland, public parking, community buildings, etc.).

(h) No building shall be closer than sixty (60) feet from the outer perimeter (property line) of the district when such property line abuts a residential district.

(i) For all uses permitted, other than one-family dwellings, the maximum height of a structure shall be three stories or thirty-five (35) feet.

(j) Parcels in an I-1, Light Industrial District with an acreage of less than forty (40) acres can have a maximum structural height of fifty (50) feet. I-1, Light Industrial District parcels greater than forty acres (40) can have a maximum structural height of seventy-five (75) feet.

(k) Refer to Article 6, Section 6.24.

(l) Refer to Article 6, Section 6.22.

(m) Where a P-1, Vehicular Parking District is contiguous to a residential district which has a common frontage on the same block with a residential structure, or wherein no residential structures have been yet erected, there shall be a setback equal to the required residential setback for such residential district, or a minimum of twenty-five (25) feet, whichever is greater, unless, under unusual circumstances, the Planning Commission finds that no good purpose would be served by compliance with such setback requirements. The required wall shall be located on a minimum setback line.

(n) For all one-family and two-family residential dwellings the maximum lot coverage shall not exceed 30% for the main building including attached accessory buildings.

(o) Front yard encroachments for porches or porticos may be considered by the Planning Commission in accordance with Section 4.05(d).

(p) All buildings shall be located at the build-to-line located no more than the average distance from the road right-of-way to the existing building setback of all buildings within five hundred (500) feet of the property in question. The distance shall be measured along the abutting road frontage whether located mid- block or at the corner of two (2) intersection streets (see subsequent graphic attached to this footnote). When a parcel within the distance noted has an excessively large or small setback, or is used for non- commercial purposes, it may be excluded from the determination of the build-to-line. The build-to-line will be determined by the Planning Commission on a parcel by parcel basis.

(q) All principal residential buildings shall be set back at least twenty-five (25) feet from the road right-of-way, except in cases where the average setback is greater than 40 feet, then the average setback shall apply.

(1) The average setback shall be the average (arithmetic mean) distance from the road right-of-way to the existing building face of the enclosed structure for all residential dwellings within one hundred (100) feet of the property in question, as determined by the Zoning Administrator.

(2) The distance shall be measured along the abutting road frontage whether located mid-block or at the corner of two (2) intersecting streets (see subsequent graphic attached to this footnote). The average calculation includes properties that are corner lots. The average ignores vacant properties.

(3) Residential front setback averaging shall apply to new construction as well as additions and renovations located in the front yard.

(4) Unenclosed porches and porticos on a residential structure are subject to the requirements of Section 4.05(d).

ARTICLE 4A
FORM BASED DISTRICTS

• Section 4A.01 General Intent, Purpose, and Use.

(a) Intent. There are areas within the City where the intent is to place greater emphasis on regulating urban form and character of development as well as use and intensity of use. The City also intends to encourage development by allowing a flexible mix of uses, while requiring specific development standards that will provide a more compact, walkable environment. The Form-Based Districts are intended to implement the vision, goals, and objectives of the City of Howell Master Plan and any other applicable Plans. In addition to the general standards applicable to all Form-Based Districts, there are specific standards applicable to each District.

(b) Purpose. The general purpose of these regulations is as follows:

(1) Promote new investment opportunities by allowing a wide range of potential uses and techniques to expand the employment and economic base.

(2) Ensure that development is designed for people in cars as well as on foot or bike, creates attractive streetscapes and pedestrian spaces.

(3) Promote mixed-use development in both a horizontal and vertical form.

(4) Ensure reasonable transition between higher intensity development and adjacent neighborhoods.

(5) Increase options for people driving, walking or biking to reach their destinations and reduce the need for on-site parking.

(6) Provide a more predictable development approval process.

(1) Site context is derived from existing and desired characteristics of an area, and recognizes the inherent conditions of the areas where these regulations are applied. Sites are categorized by shape, size, orientation and location. Sites are also characterized by the type of street upon which the property is located.

(2) Building form addresses the manner in which buildings and structures relate to their lots, surrounding buildings, and street frontage. The shape of the building, the land area to volume ratio, and the orientation of the building has a significant impact upon the character of an area. Building form standards control height, placement, building configuration, parking location, and ground story activation applicable to the site context.

(3) Regulations are tailored to meet a more specific intent of each district. These districts and intents are set forth elsewhere in this Article.

• Section 4A.02 Applicability and Organization.

(a) Applicability.

(1) Any new use or expansion of existing use that requires site plan review shall comply with the requirements of this Article and other applicable requirements of this Ordinance.

(2) The requirements of this Article shall not apply to:

A. Continuation of a permitted use within an existing structure.

B. Changes of use within existing structures that do not require increased parking.

C. Normal repair and maintenance of existing structures that do not increase its size or parking demand.

D. Continuation of a legal non-conforming use, building, and/or structure, in accordance with Article 11.

(b) Regulating Plans. Each Form Based District shall be governed by a Regulating Plan that is specific to each area.

(1) The Regulating Plan based on the site type determines building form and allowable use for each property within a form-based district.

(2) Relationship to Master Plan. All development shall be compatible to the vision and in accordance with the goals and objectives set forth in the Howell Master Plan and any other applicable Plan.

(3) The Regulating Plan is based on three (3) factors: Site Type; Building Form; and Use Group.

A. Site Types, as described in Section 4A.03(b), are determined by lot size, location, and relationship to neighboring sites.

B. Building Form, as described in Section 4A.03(c), which are determined by Site Type.

C. Use Groups, as described in Section 4A.03(d), which are determined by Site Type and Building Form.

(c) Site Types. Site Types, as set forth in Section 4A.03(b), are determined by street orientation, lot size, lot configuration, location, and relationship to neighboring sites. Site type provides the basis for building forms and authorized use groups.

(d) Building Form Standards. Building form standards, set forth in Section 4A.03(c), establish the parameters for building form, height, and placement, and are specifically applied to each district based upon the regulating plan.

(e) Authorized Use Groups. Authorized land uses are organized by use groups. Authorized use groups, as set forth in Section 4A.03(d), are specifically applied to each District based upon the regulating plan.

(f) Design Standards. General design standards, set forth in Section 4A.03(e), are established for each district and are supplementary to other requirements of the Ordinance. Generally, the design standards regulate building placement, parking orientation, landscaping, and other site design requirements.

(g) Modification of District Boundaries. Any modification to the boundaries of any form-based district shall require rezoning, in accordance with the provisions of Article 14, Amendments.

(h) Modification of Regulating Plan. Specific building form, use group, and design standards applied within each Regulating Plan are based upon the designation of site type. Any modification of site type may be determined by the Planning Commission, notice and after conducting a public hearing in accordance with Section 3.13.

The Planning Commission shall consider the following in making a determination to modify a site type or street type designation:

(1) The applicant's property cannot be used for the purpose permitted in the form-based district.

(2) Area has been added to or deleted from the subject property in question, requiring the modification.

(3) The proposed modification and resulting development will not alter the essential character of the area.

(4) The proposed modification meets the intent of the district.

(5) Existing streets have been improved and/or new streets constructed that may result in the modification of a specific site type.

(6) Modification to the Regulating Plan is in conformance to the Master Plan.

• Section 4A.03 Standards Applicable to All Form-Based Districts.

(a) Form-Based Code Hierarchy.

(1) Each parcel has a site type, building form, and is assigned a use group.

(2) The steps to determine the regulations that apply to a specific property within a form-based district are as follows:

A. Find the site in question on the appropriate regulating plan map.

B. Identify the Site Type for the site in question. Sites are classified based on their size, shape and location.

C. Consult the Use Groups and for the District in which the site is located listed in Section 4A.03(d).

D. Follow the regulations for the chosen building form when designing the proposed development. Building form regulations are established in Section 4A.03(c).

E. Follow the design standards as listed in Section 4A.03(d).

F. Obtain site plan approval or special use approval for the chosen building form and use, as appropriate.

Locate the Site

Determine Site Type (4A.03(b)) for site in question

Review permissible Building Forms (4A.03(c)) and Use Groups (4A.03(d)) for Site Type

Apply Building Form standard (4A.03(c)) for applicable building form

Apply Design Standards (4A.03(e))

Submit site plan for approval

(b) Site Types.

(1) Site Type A (small residential or mixed use sites). Site Type A is composed of lots one-half (0.5) acre or smaller, and are reserved primarily for residential use and for smaller non-residential use which is compatible with a residential setting. Site Type A is generally located in areas which serve as a transition between the street and neighboring residential areas. The building form selected for these sites must consider both the front elevation that fronts on the street but also the rear/side elevation that is adjacent to residential in order to maintain compatibility with adjacent uses.

(2) Site Type B (small commercial/office or mixed use sites). Made up mostly of lots in the one-half (0.5) acre and smaller range, the Site Type B category is reserved for the smallest, single-use sites developed for free standing commercial and office or mixed use developments. Site Type B size and character may vary based on the unique characteristic of each parcel. Small retail and food-service uses would often be found in this category, as well as small multi-tenant office buildings or single-tenant office buildings.

Site Type B sites must be designed to better integrate with their surroundings to contribute to a more cohesive District, a more consistent building line, and more efficient access between sites. Access for pedestrians and cross access for vehicles will help sites in this Category reduce trips entering and existing from corridors and arterials. When located at corners, the buildings should frame and enhance street corners through the use of architecturally prominent features at the corners or prominent three dimensional site improvements (fountains, towers, sculpture, art, etc.). Groups of Site Type B properties may make excellent candidates for assembly to create more cohesive development projects.

(3) Site Type C (medium commercial/office and mixed use sites). The sites in Site Type C are mostly between one-half (0.5) and two (2) acres in area, and are located at the edges of larger Site Type D sites. Site Type C size and character may vary based on the unique characteristic of each parcel. This category can include free standing single-use developments situated nearby one another; however the Site Type C category should be designed to consider of integration of adjacent parcels. Integration will allow for better interaction between users, which could lead to a more readily shared customer and tenant base and could help reduce City traffic.

The setback and orientation of the buildings in Site Type C should be situated as to reinforce a consistent building line with minor variations. Primary building entries, public areas, administration areas, and windows should be visible, oriented, and accessible from the primary street and parking facilities. When located at corners, the buildings should frame and enhance street corners through the use of architecturally prominent features at the corners or prominent three dimensional site improvements (fountains, towers, sculpture, art, etc.).

(4) Site Type D (large scale regional sites). Site Type D properties are greater than two (2) acres in area, but designed to function as one unit. Site Type D size and character may vary based on the unique characteristic of each parcel.

Walkability within and between sites and provision of supporting buildings and uses are important to the success of the very large, Site Type D developments. They should be designed with a mix of uses in mind to allow for users to obtain basic services on or immediately near the site. Especially within large office centers, where hundreds of workers may populate the site during the day, restaurants, postal facilities and other daily needs should be integrated within existing buildings or permitted to exist in smaller out-lot developments or nearby developments in Site Type A, or B, or C categories.

Site design should strongly focus on putting the densest components of the project within close range of the primary right-of-way to combat the vast open areas that frequently make such sites difficult or undesirable for pedestrians. The development of these sites is often phased. The phasing must include consistent building form treatment.

(1) The mixed-use districts permit a series of building forms, dependent on the site context. The building forms, set forth in Tables 4A.03(c), are established in this section as follows.

(2) Building forms are designated within each district location based on the regulating plan. Building forms are classified in the following manner:

A. Permitted Building Forms. These building forms are permitted as of right in the locations specified, and are depicted with the symbol P.

B. Prohibited Building Forms. Building forms that are not identified as permitted in the locations specified are prohibited.

C. Exceptions: For all building forms in all locations, awnings, signs, other projections (architectural projections, bay windows, etc.) may project into the right-of-way beyond the required building line by up to 5 feet. Projections will be reviewed by the City to ensure public safety.

(3) The regulating plan dictates the site type for each individual property in the district. Building forms are identified within each district as permitted or not permitted based upon the site type.

(4) Non-Residential Development Height, Setback, and Greenbelt Provisions when Adjacent to any Residentially Zoned or Used Property.

A. Setback and Greenbelt:

1. Site Type A and B. The following setback and greenbelt shall be provided for any parcel zoned Site Type A or B that is adjacent to a residentially zoned or used parcel.

a. When a parcel is abutting or adjacent to a residentially zoned or used parcel without an intervening alley or street, the building setback from the property line of the residentially zoned or used parcel shall be no less than the height of the building on the non-residential parcel.

b. When a parcel is abutting or adjacent to a residentially zoned or used parcel without an intervening alley or street, a minimum 20-foot landscaped greenbelt shall be maintained from the property line of the residentially zoned or used parcel. The greenbelt shall be landscaped and screened in accordance with Section 5.10.

c. The Planning Commission may deviate from these setback and greenbelt provisions in the course of its site plan review process; however, the Planning Commission shall not permit a setback or greenbelt that is less than required in the building form. In the review of the deviation, the Planning Commission shall consider the standards as set forth in Section 4A.03(c)(4)C.

2. Site Type C and D. The following setback and greenbelt shall be provided for any parcel zoned Site Type C or D that is adjacent to a residentially zoned or used parcel.

a. When a property is abutting or adjacent to a residentially zoned or used parcel without an intervening alley or street, the setback from the property line of the residentially zoned or used parcel shall be no less than twice the height of the building on the non-residential parcel.

b. When a property is abutting or adjacent to a residentially zoned or used parcel without an intervening alley or street, a minimum 40-foot landscaped greenbelt shall be maintained from the property line of the residentially zoned or used parcel. The greenbelt shall be landscaped, screened in accordance with Section 5.10 and include a minimum 6-foot high berm.

c. The Planning Commission may deviate from these setbacks and greenbelt provisions in the course of its site plan review process; however, the Planning Commission shall not permit a setback or greenbelt that is less than required in the building form. In the review of the deviation, the Planning Commission shall consider the following standards set forth in Section 4A.03(c)(4)C.

B. Deviation Standards:

1. Height, setback, and greenbelt deviations may be granted by the Planning Commission if the following is found:

a. The deviation shall not adversely impact public health, safety, and welfare.

b. The deviation shall maintain compatibility with adjacent uses.

c. The deviation shall be compatible with the Master Plan and in accordance with the goals and objectives of the Master Plan and any associated subarea and corridor plans.

d. The deviation shall not adversely impact essential public facilities and services, such as: streets, pedestrian or bicycle facilities, police and fire protection, drainage systems, refuse disposal, water and sewage facilities, and schools.

e. The deviation shall be in compliance with all other zoning ordinance standards.

f. The deviation shall not adversely impact any on-site or off-site natural features.

Table 4A-1 Building Form A.1
Building Form A.1: Small, generally single-purpose buildings for residential. Typically situated on a smaller lot, in more remote site location within the district, adjacent to single family residential.
Building Height	Minimum 1 story, 14-foot height Maximum 3 stories, 38-foot height
Building Placement	Front Yard: 10-foot required build- to line1 75% of the building facade must meet the required build-to line, while up to 25% of the facade can be setback to allow for architectural consideration
	Side Yard: No minimum side setback If provided, minimum 5 feet
	Rear Yard: Minimum 10-foot rear setback
Lot	Impervious Surface: Maximum 80%
	Access and circulation: Driveways may access the site from any side, pedestrian pathways must be provided from the right-of-way, and cross access shall be provided in instances where a development is within an out lot of a higher classified building form
	Parking location: Parking shall be located in a side or rear yard; when located in a side yard and abutting the required build-to line adjacent to the right-of-way, parking shall be screened with a minimum 30-inch masonry wall on the required build-to line, or within 5 feet of the required build-to line, provided that a landscape treatment is added between the wall and the required build-to line
1 The Planning Commission may adjust the required build-to line to a maximum of 30 feet beyond the property line for projects incorporating a permanent space for an outdoor café, public space, or a cross access drive with an adjacent parcel. Outdoor cafés or public spaces must be developed as part of the primary building and must incorporate a permanent wall or landscaping area along the required build-to line.

Table 4A-2 Building Form A.2
Building Form A.2: Small, generally single-purpose buildings for retail, office, restaurant, or service uses. Typically situated on a smaller lot within the district. Adjacent to single-family residential.
Building Height	Minimum 1 story, 14-foot height Maximum 3 stories, 38-foot height
Building Placement	Front Yard: 10-foot required build- to line1 75% of the building facade must meet the required build-to line, while up to 25% of the facade can be setback to allow for architectural consideration
	Side Yard: No minimum side setback If provided, minimum 5 feet
	Rear Yard: Minimum 10-foot rear setback
Lot	Impervious Surface: Maximum 80%
	Access and circulation: Driveways may access the site from any side, pedestrian pathways must be provided from the right-of-way, and cross access shall be provided in instances where a development is within an out lot of a higher classified building form
	Parking location: Parking shall be located in a side or rear yard; when located in a side yard and abutting the required build-to line adjacent to the right-of-way, parking shall be screened with a minimum 30-inch masonry wall on the required build-to line, or within 5 feet of the required build-to line, provided that a landscape treatment is added between the wall and the required build-to line
1 The Planning Commission may adjust the required build-to line to a maximum of 30 feet beyond the property line for projects incorporating a permanent space for an outdoor café, public space, or a cross access drive with an adjacent parcel. Outdoor cafés or public spaces must be developed as part of the primary building and must incorporate a permanent wall or landscaping area along the required build-to line.

Table 4A-3 Building Form B
Building Form B: Small, generally single-purpose buildings for retail, office, restaurant, or service uses. Typically situated in an out lot of a larger classification building form, or on a smaller, more remote site location within the district.
Building Height	Minimum 1 story, 14-foot height Maximum 3 stories, 38-foot height
Building Placement	Front Yard: 10-foot required build- to line1 75% of the building facade must meet the required build-to line, while up to 25% of the facade can be setback to allow for architectural consideration
	Side Yard: No minimum side setback If provided, minimum 5 feet
	Rear Yard: Minimum 10-foot rear setback
Lot	Impervious Surface: Maximum 80%
	Access and circulation: Driveways may access the site from any side, pedestrian pathways must be provided from the right-of-way, and cross access shall be provided in instances where a development is within an out lot of a higher classified building form
	Parking location: Parking shall be located in a side or rear yard; when located in a side yard and abutting the required build-to line adjacent to the right-of-way, parking shall be screened with a minimum 30-inch masonry wall on the required build-to line, or within 5 feet of the required build-to line, provided that a landscape treatment is added between the wall and the required build-to line
1 The Planning Commission may adjust the required build-to line to a maximum of 30 feet beyond the property line for projects incorporating a permanent space for an outdoor café, public space, or a cross access drive with an adjacent parcel. Outdoor cafés or public spaces must be developed as part of the primary building and must incorporate a permanent wall or landscaping area along the required build-to line.

Table 4A-4 Building Form C
Building Form C: Single or multiple-tenant buildings for retail, restaurant, office, service, or residential uses. This category also includes multiple-tenant development, although it requires a second story to encourage a mix of use.
Building Height	Minimum 2 stories, 24-foot height Maximum 4 stories, 45-foot height Ground floor 14-foot minimum height
Building Placement	Front Yard: Maximum 60-foot required build-to line
	Side Yard: No minimum side setback If provided, minimum 5 feet
	Rear Yard: Minimum 30-foot rear setback
Lot	Impervious Surface: Maximum 80%
	Access and circulation: Driveways may access the site from any side, pedestrian pathways must be provided from the right-of-way, and cross access shall be provided
	Parking location: Parking may be located in any yard; when located in a front or side yard adjacent to the primary building and abutting the right-of-way, parking shall be screened with a minimum 30-inch masonry wall on the required build-to line, or within 5 feet of the required build-to line, provided that a landscape treatment is added between the wall and the required build-to line; if parking is provided in the front yard only 1 row is permitted

Table 4A-5 Building Form D
Building Form D: This category is primarily designed for attached residential, however, non-residential use may be included in the ground floor. Townhouses and urban-style residential developments that are compatible with the Master Plan identified higher-density and more urban character of this area.
Building Height	Minimum 2 stories, no minimum height Maximum 4 stories, 45-foot height Ground floor: No minimum height
Building Placement	Front Yard: 10-foot required build-to line1 75% of the building facade must meet the required build-to line, while up to 25% of the facade can be setback to allow for architectural consideration
	Side Yard: No minimum side setback If provided, minimum 5 feet
	Rear Yard: Minimum 10-foot rear setback
Lot	Impervious Surface: Maximum 60%
	Access and circulation: Parking may be accessed from right-of-way (ROW) or alley; detached garages or multi-garage structures are permitted only in a rear yard, or behind primary buildings; pedestrian pathways shall be provided from the right-of way
	Parking location: Parking shall be located in a rear yard; parking may also be provided in integrated garages or detached garages; on-street parking within private roads in developments is highly encouraged
1 The Planning Commission may adjust the required build-to line to a maximum of 30 feet beyond the property line for projects incorporating a permanent front yard, enclosed space that shall incorporate a permanent wall or landscaping area along the required build-to line.

Table 4A-6 Building Form E
Building Form E: This category provides an opportunity for large-format retail or entertainment uses within the district. They directly abut the right-of-way, provide parking in the rear or side yards, and contribute to the street atmosphere by providing a consistent street front with other, more pedestrian-oriented projects. They may be set back from the right-of-way, but only when they provide out-lots within the same project for category B, C, or D building forms on the same or on separate lots.

Table 4A-6 Building Form E
Building Form E: This category provides an opportunity for large-format retail or entertainment uses within the district. They directly abut the right-of-way, provide parking in the rear or side yards, and contribute to the street atmosphere by providing a consistent street front with other, more pedestrian-oriented projects. They may be set back from the right-of-way, but only when they provide out-lots within the same project for category B, C, or D building forms on the same or on separate lots.
Building Height	Rear building: Minimum 14 feet, 1 story; Maximum 38 feet, 3 stories Front buildings: Minimum 26 feet, 2 stories (14 feet minimum ground floor); Maximum 45 feet, 4 stories
Building Placement	Front Yard: 10-foot required build-to line1
	Side Yard: No minimum side setback; if provided, minimum 5 feet
	Rear Yard: Minimum 10-foot rear setback
Lot	Building Frontage: Minimum 70% of lot frontage for 2-story buildings and 50% for 3-story buildings or more
	Impervious Surface: Maximum 90%
	Access and circulation: Driveways may access the site from any side, pedestrian pathways must be provided from the right-of-way, and cross access shall be provided in instances where a development is within an out lot of a higher classified building form
	Parking location: Parking shall be located in a side or rear yard; when located in a side yard and abutting the required build-to line adjacent the primary building, parking shall be screened with a minimum 30-inch masonry wall on the required build-to line, or within 5 feet of the required build-to line, provided that a landscape treatment is added between the wall and the required build-to line
1 The Planning Commission may eliminate the required build-to line for projects incorporating a permanent series of additional lots or smaller buildings in the A, B, C, or D building form categories, provided that those additional lots and/or buildings make up the entire frontage of the overall development along the required build-to line, with the exception of access drives. The required build-to line frontage minimum for the additional lots and/or other buildings forms along the required build-to line shall apply for each individual additional lot and/or building.

(d) Authorized Use Groups.

(1) Authorized uses are categorized by use groups as set forth in Table 4A-7. Use groups generally contain similar types of uses in terms of function, character, and intensity.

(2) Use groups are designated in locations within each district based on the regulating plan. Use groups are classified in the following manner:

A. Permitted Use Groups. These use groups are permitted as of right in the locations specified.

B. Special Use Groups. These use groups are permitted after review and approval by the Planning Commission, in accordance with the procedures set forth in Section 3.03 and the standards in this Ordinance.

C. Prohibited Use Groups. These use groups not indicated as permitted are prohibited in the locations specified.

D. Uses permitted in all locations within the District. Public parks and essential public services are permitted by right in all locations.

E. Similar Uses. If a use is not listed but is similar to other uses within a use group, the Zoning Administrator may make the interpretation that the use is similar to other uses within a use group.

The Zoning Administrator may also make the determination whether the use is permitted as of right, permitted in upper stories only, or permitted as a special use. The Zoning Administrator may obtain a recommendation from the Planning Commission as to whether or not the proposed use is similar to a use permitted as of right, permitted in upper stories only, or permitted as a special use.

Table 4A-7

Use Groups by Category

PRINCIPAL USE

Use Group 1

Residential Uses:

One-Family detached and attached dwellings

Two-Family dwellings

Use Group 2

Misc. Residential / Related Uses:

Places of Worship

Multiple-Family dwellings

Live/Work units, Home Occupations

Senior assisted/independent living

Group day care homes

Child care centers

Bed and Breakfast

Use Group 3

Office / Institutional:

Civic Buildings

General office

Professional and medical office

Hospitals

Medical office

Primary/secondary schools (private)

Post-secondary schools

Data centers

Technology centers/office research

Publicly owned/operated office and service facilities

Funeral homes

Veterinary clinics or hospitals

Use Group 4

Automobile / Transportation Uses:

Vehicle sales

Vehicle service station

Vehicle repair station

Vehicle body repair

Vehicle wash

Drive-Thru Uses

Use Group 5

Retail, Entertainment, and Services Uses:

Financial institutions

General retail

Restaurant

Personal services

Business services

Use Group 6

Misc. Commercial Uses:

Building and lumber supply

Garden centers, nurseries

Outdoor commercial recreation

Commercial kennels / pet day care

Lodging

Retail, large format

Shopping centers

Fitness, gymnastics, and exercise centers

Theatres and places of assembly

Indoor commercial recreation establishments

Use Group 7

Industrial Uses:

Contractor's Equipment Storage

Food Products

Commercial outdoor storage

Manufacturing, Processing, etc.

Metal Plating

Plastics

Printing

Tool and Die, Gauge and Machine Shops

Truck / Trailer Rental

Warehousing / Wholesale

Experimental Research and Testing Labs

(e) Design Standards. In addition to standards set forth in this Ordinance, all proposed development shall comply with the standards set forth herein.

(1) Pedestrian/Non-Motorized Access.

A. Intent. To ensure that site layout and building design provides safe and convenient pedestrian and bicycle access both to and within a site and between adjacent sites.

B. Standards.

1. A pedestrian connection shall provide a clear connection between the primary street upon which the building fronts and the building. Connection may include pavement striping.

2. Pedestrian access shall be clearly identified from parking areas and all entrances to a building.

3. Where appropriate, sidewalks fronting the public right-of-way should be designed to accommodate space for activities such as outdoor dining.

(2) Building Placement and Orientation.

A. Intent. To require building placement that provides a strong visual and functional relationship with its site, adjacent sites, and the primary street upon which the site is located. Ensure consistency within sites and to adjacent sites to provide distinct building groups which exhibit similar orientation, scale, and proportion.

B. Standards.

1. Setbacks and building orientation shall reinforce a consistent pattern of siting.

2. Primary building entrances shall front on the public street and have a direct pedestrian access from the parking area. All Building entries shall be located so that they are easily identifiable with convenient public access.

3. Buildings should enhance street corners through the use of prominent architectural or site features.

(3) Parking Placement, Orientation, and Screening.

A. Intent. To provide a circulation system that efficiently moves vehicles in a well-defined manner, while reducing the visual impact of parking areas and mitigating conflict between pedestrians, bicycles, and automobiles.

B. Standards.

1. Required Parking. Off-street parking shall be provided for a principal use erected, altered, or expanded after the effective date of this Ordinance in accordance with the standards set forth in Article 10.

a. The Form Based districts are intended to encourage pedestrian and friendly design and compact mixed-use developments. Applicants are encouraged to consider the provisions for shared parking and flexibility in application set forth in Article 10, Section 10.03(e).

b. The placement and design of parking areas and structures shall foster safe pedestrian access and circulation and clearly identifiable public access and visitor parking. Pedestrian access shall be provided between all parking areas and public building entrances.

2. Location.

a. When parking is located in a side yard (behind the front building line) but fronts on the required building line, no more than twenty-five (25) percent of the total site's linear feet along the required building line or sixty (60) feet, whichever is less, shall be occupied by parking.

b. For a corner lot, no more than twenty-five (25) percent of the site's cumulative linear feet along the required building lines or sixty (60) feet, whichever is less, shall be occupied by parking. The building shall be located in the corner of the lot adjacent to the intersection.

c. Where off-street parking is visible from a street, it should be screened in accordance with the standards set forth herein.

(4) Architectural Design and Building Materials.

A. Intent. To create a character for the form based district that encourage the greatest amount of visual interest, architectural consistency, and high quality material use. The standards are not intended to limit imagination, innovation, or variety.

B. Architectural Design Standards.

1. Building Massing and Scale.

a. Rooflines and pitches shall be proportionate to nearby structures so as to provide transition or mitigation of significant changes to scale. Variety in massing can occur though step-backs as a building ascends upward.

b. Buildings shall maintain a consistent streetwall with the longest edge of the buildings oriented parallel to the roadway, where possible.

c. Buildings within the same development shall be designed to provide a unified and easily identifiable image. Methods to achieve this include using similar architectural styles and materials, complementary roof forms, signs, and colors.

2. Facade Variation.

a. Facade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance, using the following architectural techniques: Building wall offsets (projections and recesses); cornices, varying building materials or pilasters shall be used to break up the mass of a single building; staggering of vertical walls; recessing openings; providing upper-level roof overhangs; using deep score lines at construction joints; contrasting compatible building materials; use of variety and rhythm of window and door openings; use of horizontal and vertical architectural elements, use of horizontal bands of compatible colors; and providing changes in roof shape or roof-line.

b. Materials shall be selected for suitability to the type of buildings and the architectural design in which they are used.

c. Material selection shall be consistent with architectural style in terms of color, shades, and texture, however monotony shall be avoided.

(5) Ground Story Activation.

A. Intent. The first floors of all buildings shall be designed to encourage and complement pedestrian-scale activity and crime prevention techniques. It is intended that this be accomplished principally by the use of windows and doors arranged so that active uses within the building are visible from or accessible to the street, and parking areas are visible to occupants of the building.

B. Standards.

1. Facade transparency shall be defined as the use of glass or transparent material that provides from the building exterior a view into the building of interior habitation and human scale. Signs covering windows, and the use of tinted, reflective or opaque glass do not meet the definition of facade transparency.

2. The first floor of any front facade facing a right-of-way shall be no less than fifty (50) percent windows and doors, and the minimum transparency for facades facing a side street, side yard, or parking area shall be no less than thirty (30) percent of the facade. The minimum transparency requirement shall apply to all sides of a building that abut an open space, including a side yard, or public right-of-way. Transparency requirements shall not apply to sides which abut an alley. Nothing shall be placed on or inside window to reduce transparency less than the 50% requirement.

3. Modified wall design may be used as an alternative to the standard set forth in Section 4A.03(e)(5)B.2. but may count for no more than eighty (80) percent of the transparency requirement. Wall designs must provide a minimum of three (3) of the following elements, occurring at intervals no greater than twenty-five (25) feet horizontally and ten (10) feet vertically:

a. Expression of structural system and infill panels through change in plane not less than three (3) inches.

b. System of horizontal and vertical scaling elements such as: belt course, string courses, cornice, pilasters.

c. System of horizontal and vertical reveals not less than one (1) inch in width/depth.

d. Variations in material module, pattern, and/or color.

e. System of integrated architectural ornamentation.

f. Green screen or planter walls.

g. Translucent, fritted, patterned, or colored glazing.

(6) Landscaping.

A. Intent. To incorporate appropriate landscaping to enhance visual appearance, provide transitions between properties, and screen unsightly areas.

B. Landscaping Standards.

1. The standards set forth in Section 5.10, the following standards shall be met.

2. Landscaping shall conform and incorporate existing landscape and topographic features.

3. Landscaping within courtyards, patios, and pedestrian realm may include hardscape and softscape materials.

4. Landscaping shall maintain adequate sight lines for visual safety, visibility and efficient security.

5. Landscaped areas, including landscaped parking islands and medians, shall be separated from vehicular and pedestrian encroachment by curbs and raised planting areas.

6. Measured from the inside of the outermost curb line, a parking lot shall employ at least 10% of landscaped area in the form of parking islands, planting strips between parking rows.

(7) Loading and Storage Areas.

A. Intent. To ensure that loading, storage, and other building utility features are designed to be a part of the overall building as so to reduce the visual impact.

B. Standards.

1. Utilities and Mechanical Screening.

a. Utility structures located between the building and the public right-of-way be screened as set forth in Section 5.10. Screening may include walls, fencing, or landscaping that is consistent with the character and materials of the development.

b. Trash enclosures shall be placed adjacent to the rear wall of corresponding buildings or shall be located away from portions of the site which are highly visible from public roadways or private properties with dissimilar improvements. Trash enclosures shall be screened as set forth in Section 5.10 with walls, fencing or landscaping that are consistent with the character and materials of the development.

2. Loading.

a. Service areas should be designated by markings and/or signage to delineate them from pedestrian access and limit conflicts between service/delivery vehicles and patrons (e.g. pedestrians, bicyclists and transit users).

b. Service areas should be shared and/or consolidated within multi-tenant developments.

c. Loading and service areas shall be located on the sides or rears of the buildings.

d. Loading and service areas shall be screened from the public right-of-way with the use of fencing, landscaping, or walls.

e. Freestanding storage facilities (including warehousing) shall comply with all design standards.

f. Accessory facilities such as storage areas, and vehicle service areas shall be located away from portions of the site which are highly visible from public roadways or private properties with dissimilar improvements.

(8) Signs.

1. All signs within a Form Based District shall meet all of the requirements of Article 7 Signs unless otherwise specified herein.

2. Freestanding Signs.

a. Freestanding signs within each Use Group shall comply with the following height and area requirements:

	Requirement
Use Groups	Height	Area
1, 2	6	32 per side, not to exceed a total of 64
3	8	50 per side, not to exceed 100
4, 5, 6, 7	8	50 per side, not to exceed 100

b. A freestanding sign in a Form Based District shall be located no closer than five (5) feet from the public right-of-way.

3. Wall Signs. Wall signs within each use group shall comply with the following area requirements:

	Requirement
Use Groups	Area per One Foot of Building Frontage (sq. ft.)	Maximum Area (sq. ft.)
1, 2	1	30
3	2	100
4, 5, 6, 7	2	100

4. Projecting Signs. Projecting signs shall be permitted for Use Group 3-6 only in accordance with Section 7.05 .

5. Interior Window Signs. Interior window signs shall be permitted for Use Groups 3-6 only in accordance with Section 7.06 , provided such signs do not reduce transparency requirements set forth in Section 4.04A (e)(5)B.

• Section 4A.04 South Michigan Avenue District.

(a) Intent. The South Michigan Avenue District is intended to implement the vision established by the City's Master Plan and the South Michigan Avenue Corridor Plan. The South Michigan Avenue Area Form Based District allows for the consolidation and creative redevelopment of parcels to develop a building pattern set close to the street along South Michigan Avenue. Though the existing built-out pattern is established with buildings set back from the street, redevelopment within the South Michigan Avenue Form Based District shall coordinate site design with adjoining sites to take advantage of buildings placed at the street, shared access and parking, similar perimeter landscape themes, or similar features.

Development of buildings and sites, including retrofitting and redevelopment of existing sites and buildings, can include residential, retail, office, service, and light industrial uses. Uses designed to support the residents and local workers are also encouraged, such as mixed-use developments with small scale retail or restaurant uses incorporated with housing units. The redeveloped Corridor will help diversify the City's housing and commercial stock, and incorporate architecturally interesting buildings.

Consolidation of parcels in the District is encouraged in order to provide for a quality and consistent development patterns. Incentives include additional building forms and more permitted uses.

(b) Regulating Plan.

1. The Regulating Plan, as set forth in Map 4A-1, identifies allowable uses and permissible development within the District based on location.

2. Site Types. The South Michigan Avenue District Regulating Plan includes four (4) different Site Types, described as follows:

A. Site Type A (small residential or mixed use) - Site Type A, as described in Section 4A.03(b).

B. Site Type B (small commercial/office or mixed use sites) - Site Type B, as described in Section 4A.03(b).

C. Site Type C (medium commercial/office or mixed use site) - Site Type C, as described in Section 4A.03(b).

D. Site Type D (large scale regional sites) - Site Type D, as described in Section 4A.03(b).

(c) Authorized Building Forms. Authorized building form regulations, as set forth in Section 4A.03(c) and Tables 4A-1 through 4A-6, are applied to the site types in the South Michigan Avenue District.

(d) Authorized Use Groups. Authorized use groups, as set forth in Section 4A.03(d) and Table 4A-7 are applied to the site types and street types in South Michigan Avenue District Regulating Plan.

(e) Design Standards. In addition to standards set forth in this Ordinance, all proposed development shall comply with the standards set forth herein.

Map 4A-1

South Michigan Avenue Form Based District Reglating Plan

Table 4A-8
South Michigan Avenue Form Based Code District Regulating Plan Table
Site Type	Building Form		Use Group
Site Type: A	Permitted Building Form	A1, A2	Permitted Use Group	1, 2, 3
			Special Use Group
Site Type: B	Permitted Building Form	A1, A2, B	Permitted Use Group	1, 2, 3, 5
			Special Use Group	4
Site Type: C	Permitted Building Form	B, C, D	Permitted Use Group	1, 2, 3, 5
			Special Use Group	4, 6, 7
Site Type: D	Permitted Building Form	B, C, D, E	Permitted Use Group	1, 2, 3, 4, 5, 6
			Special Use Group	7

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc