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A. Modifications by . Given the variation in physical conditions along the corridor, modifications to the requirements herein may be permitted by the
as part of the site plan review process, upon a finding that the following conditions apply:
1. Practical difficulties exist on the site that make compliance unreasonable (because of, for example
limitations, topography,
, drains or water bodies, woodlands that will be preserved, existing
, existing non-conforming width, unique site configuration or shape), or existing off-site
make it impractical to fully comply with the standards.
2. The use involves an
improvement to an existing site or a new use that will not generate any more traffic than the previous use, or there is only one
that is not being changed.
3. The proposed modification is consistent with the general intent of the preceding standards, the recommendations of the M-43/M-52
Plan, and MDOT guidelines, and both the
and MDOT staffs support the proposed
design.
4. If deemed necessary by the
, a traffic study by a qualified traffic engineer may be required to verify that the proposed modifications will improve traffic operations and safety along M-43, and are not simply for the convenience of the
.
5. Indirect or shared
has been provided to the extent practical.
B. Temporary
. The
may require a temporary
for a set period of time or until an adjacent site develops allowing for shared
in accordance with this ordinance. The
may require that a
be provided to ensure the removal of the
upon expiration of the temporary
permit.
C. Appeals. The decision of the
may be appealed to the
. In consideration of this
, the
shall also apply the standards in this article in addition to the other
criteria.
(Ord. passed 7-9-2013)
The Mixed Use Overlay District is intended to promote the
of a pedestrian oriented, mixed-use district in which a variety of complementary retail, commercial,
, civic, and residential uses are permitted.
The Mixed Use Overlay District is further intended to:
A. Encourage innovative, neotraditional mixed-use
.
B. Reduce sprawl and segregation of land use and encourage more efficient use of land and public services by promoting a compact settlement pattern and mixed use.
C. Discourage the
of businesses that contribute to traffic congestion and/or disrupt the pedestrian environment, such as
and drive-through businesses,
, and new and used vehicles sales or service establishments.
D. Encourage shared parking facilities, rather than separate off-street parking facilities for each individual use.
E. Promote the creation of urban places which are oriented to pedestrians, thereby promoting citizen security and social interaction.
F. Reinforce physical, visual, and spatial features through the consistent use of urban design standards. Such design standards shall harmoniously relate the design features of
and
to each other, resulting in a coherent overall pattern of
.
G. Discourage businesses that create objectionable noise, odors, or glare.
(Ord. passed 7-9-2013)
The Mixed Use Overlay District is a mapped
that imposes a set of requirements in addition to those of the underlying
. In this case, the underlying
initially are R-1, One-Family Residential, B-2, Commercial Center, RM-1, Multiple-Family Residential, and I-1, Light Industrial.
In an area where an overlay zone is established, the property is placed simultaneously in the two zones, and the property may be developed only under the applicable conditions and requirements of both zones. It is intended that existing uses maintain conformity with
standards. Any expansion or renovation of existing uses must comply with
standards. Any redevelopment or new
shall conform to the Mixed Use Overlay District standards. In the event there is a conflict between the requirements of the two zones, the requirements of the Mixed Use Overlay District shall govern.
(Ord. passed 7-9-2013)
The Mixed Use Overlay District boundaries shall be as established on the Official Zoning Map. Mixed Use Overlay Districts may be established or amended according to the Zoning Ordinance procedures set forth in § 29.06.
(Ord. passed 7-9-2013)
A.
and . In all areas zoned Mixed Use Overlay District, no
shall be
, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted
:
1. Multiple-family housing, which may be in the form of
,
, brownstone
, or similar configuration. Business and
uses may occupy a
used for residential purposes, provided that:
a. No business or
use shall be located on the same floor that is used for residential purposes.
b. No floor may be used in whole or in part for business or
use on a floor located above a floor used for residential purposes.
c. Where there are nonresidential and residential uses in a
, the residential uses shall be provided with separate, private entrances.
d. Minimum
. Thirty percent of net
area, at least 50% of which shall be usable recreation area.
2.
, containing ten or fewer units.
3. Trade schools and
.
4. Business establishments that perform services on the premises, such as, but not limited to: banks and other financial institutions (not including drive-through), insurance offices, real estate offices, and travel agencies.
5.
and other places of worship.
6.
,
, and lodge halls.
7. Dry cleaning establishments (not to exceed 4,000 square feet), dealing directly with the consumer, but not including drive-through facilities. Dry cleaning plants serving more than the establishment on site shall be prohibited.
8. Financial institutions.
9. Funeral and interment services.
10. Generally recognized retail businesses that supply commodities on the premises and occupy 10,000 square feet or less of
, such as, but not limited to: stores selling groceries, meats, fruits and produce, dairy products, baked goods, and other specialty food products, drugs, dry goods, flowers, clothing, notions, furniture, and hardware.
11.
.
12. Medical laboratories.
13. Medical offices, occupying 10,000 square feet or less of
.
14. Housing for the elderly.
15. Indoor commercial
, such as health
, hardball and racquetball facilities, pool and billiard establishments, tennis, archery, and similar facilities.
16. Newspaper offices.
17.
and
, subject to the provisions in § 8.02, subsection S.
18. Offices of an executive, administrative, or professional nature, occupying 10,000 square feet or less of
.
19. Outdoor
, plazas, parks, and public gathering places.
20. Personal service shops, occupying 4,000 square feet or less of
, including, but not limited to: repair shops (such as watch, radio, television, shoe repair, and home appliance), tailor and dressmaking shops, beauty and barber shops, and photographic studios.
21. Public and quasi-public uses such as municipal offices, court houses, public off-street parking, libraries, museums, and public safety facilities.
22. Research and
businesses, occupying 20,000 square feet or less of
.
23. Retail sales in which both a workshop and retail outlet or showroom are required, such as, but not limited to establishments for plumbers, electricians, interior decorators, upholsterers, printers, and photographers, subject to the following provisions:
a. Not more than 80% of the total useable floor area shall be used for service, repair or processing functions, and
b. Retail or showroom functions shall be located in the portion of the
where the customer entrance is located.
24. Residential care facilities.
25. Standard
(except drive-ins and drive-throughs), taverns and bars, where the patrons are served while seated within the
by the establishment.
26. Take-out food and beverage sales when accessory to a full-service
, provided that the area
by the take-out service shall not exceed 25% of the
of the
.
27.
, assembly halls, community centers, or similar places of assembly.
28. Outdoor cafes, outdoor eating areas.
29.
, subject to the provisions in § 2.16.
30. Adult
, family child day care homes, child
, any of which shall have a capacity of no more than six.
31.
s, subject to the requirements of § 8.02, subsection NN.
32. Uses and
accessory to the above, subject to the provisions in § 2.03.
B. Special uses. The following uses may be permitted by the
, subject to the conditions specified for each use; review and approval of the site plan by the
and
; any special conditions imposed by the
or
that are necessary to fulfill the purposes of this Ordinance; and, the procedures and requirements in § 29.03.
1. New single-family detached
. (
approval shall not be required for expansion or renovation of a
in existence at the time of adoption of this Article, provided that such expansion or renovation is in compliance with the adopted Building Code.)
2.
or clinics providing medical, surgical, and grooming services for small animals.
3.
on monopoles, subject to the requirements in § 8.02, subsection V.
4. Adult foster care large group homes and adult foster care congregate facilities.
5.
, subject to the requirements in § 8.02, subsection NN.
C. Uses not permitted.
1. All types of drive-through or
facilities shall be not be permitted in the MU, Mixed Use Overlay District.
2. Uses having outside storage shall be prohibited.
(Ord. passed 7-9-2013; Ord. 56, passed 8-13-2014)
and uses in the Mixed Use Overlay District, except for single-family detached
, shall comply with the following requirements.
A.
entrances. The main public entrance of the
shall face Grand River Avenue. If the site is on a corner, it may have its main entrance oriented to either
. In no case shall the main public entrance open directly onto a parking lot. No overhead doors are permitted facing a
.
B. Façade design. All
facades that face a
shall conform with the following design criteria:
1. Windows. All
facades visible from the
shall have windows with transparent, non-reflective glass, with the following requirements:
a. First floor. Minimum 30% of facade, 70% maximum.
b. Second floor and above. Minimum 20% of facade, 60% maximum.
c. Butt-joint glazing is prohibited. A butt-joint is a joint formed by two pieces of glass united end to end without overlapping.
d. Windows on the first floor shall be a minimum of two feet above the finished floor level.
2. Exterior
materials. Traditional
materials, such as masonry, stone, brick, or wood, shall be used as the predominant exterior
materials for all new construction, renovations, and additions. Plain concrete block, plain concrete, corrugated metal, plywood, and vinyl siding and sheet pressboard may only be used as secondary exterior finish materials, provided they cover no more than 10% of the surface area. Foundation material may be plain concrete or plain concrete block when the foundation material does not extend more than two feet above
. Cement-based finishes, cement plaster, and Exterior Insulation Finish System (E.I.F.S.) are permitted only if used a minimum of ten feet above
, where they will be less susceptible to damage. The selection of exterior
materials shall contribute to the traditional design and character of the
.
3. Architectural guidelines. Traditional architecture is favored in the Mixed Use Overlay District, rather than radical design themes,
and roof forms, which would draw unnecessary attention to the
.
facades that incorporate canopies or walls with mock gables must provide a roof component to provide depth and give a more authentic appearance.
C. Side or rear facade design. Wherever a side or rear facade is visible from a public
, or if parking is located at the side or rear of a
, the facade shall be designed to create a pleasing appearance, in accordance with the following design criteria:
1. Materials and architectural features similar to those present on the front of the
shall be used on the side or rear facade.
2. Dumpster and service areas shall be completely screened with a landscape hedge, a
, a wall, or a combination thereof.
3. Open areas shall be landscaped with lawn, ground cover, ornamental shrubs, and trees, provided that sufficient light penetrates into the space.
D. Awnings. Awnings shall be permitted on
as follows:
1. All awnings must be made from canvas fabric or similar water-proof material, rather than metal, aluminum, plastic, or rigid fiberglass. However, awnings that are a permanent part of the
architecture may be constructed of metal, wood, or other traditional
materials where they will add diversity and interest to the facade, and only if the design and materials are consistent with the overall design of the
.
2. All awnings shall be attached directly to the
, rather than supported by columns or poles.
E. Lighting.
Exterior lighting shall comply with the requirements in § 2.12. Lighting must be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Floodlights, unshielded wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited. Traditional-style lighting fixtures may be used if such fixtures are similar in appearance to existing traditional-style fixtures in downtown Williamstown.
Sidewalks and parking areas shall be properly lit to facilitate the safe movement of pedestrians and vehicles and provide a secure environment. In parking areas, the light intensity shall average a minimum of 1.0 foot candle, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0 foot candles, measured five feet above the surface. The maximum average light intensity shall be ten footcandles.
F. Parking. Parking and parking lot design shall comply with the following standards, in addition to the provisions of Article 4.00.
1. No new parking lot shall be created nor any existing parking lot expanded in front of a
unless the
determines that parking in front of the
would be acceptable for either of the following reasons:
a. Front
parking is required to maintain the continuity of
in the
while making efficient use of the site; or
b. Front
parking is required for the purposes of traffic safety and to minimize
where the new parking lot is proposed to connect with one or more parking lots on adjoining
.
Unless the
determines that parking in front is permissible, new or expanded parking lots on the interior of the lots shall be located to the rear or side of the
, accessed by means of common
, preferably from side
or lanes. Parking lots shall be small in scale where possible, and connected with parking lots on adjacent properties. Cross-access
for adjacent
with connected parking lots shall be required. Common, shared parking facilities are encouraged. Required parking may be accommodated off-site in common, shared parking facilities.
2. In order to maximize the amount of land area left for
and
, paving shall be confined to the minimum area necessary to comply with the parking requirements of Article 4.00.
3. The parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving and shall be integrated into the pedestrian network system. Pavement textures shall be required on pedestrian access ways, and are strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents.
4. Surface parking lots shall be screened from the
with a three-foot high red or brown brick wall, with a continuous row of deciduous trees along the
, or a wrought iron
with a hedge between the
and the
.
G. Front
and
. The minimum front
shall be five feet and the maximum front
shall be 15 feet.
shall be provided with
along their foundations. The landscaped area must be at least three feet in depth and must be planted with at least one shrub per three lineal feet of foundation. For each 100 square feet of hard-surfaced area between the
and the
as least one of the following amenities must be provided: a bench or other seating, a tree, or a landscape planter.
H. Service access. A service
or designated loading space shall be reserved at the rear of the
.
I.
. One wall
shall be permitted per face of a
or storefront, plus each business shall be permitted one pedestrian-oriented blade
(maximum of three square feet in area) that projects over the sidewalk. One wall or projecting
is permitted, provided it does not exceed one and one-half square feet per lineal foot of
frontage, with a maximum of 48 square feet. Roof
, plastic panel
, box
, pole
, portable
, fluorescent-colored
, and billboards are not permitted. Outline tubing
(neon
) shall be permitted as window
only.
J. Sidewalks and sidewalk displays.
1. An eight-foot wide concrete sidewalk shall be required along the front of every
for all
that requires site plan review. The sidewalk shall be located in the
, abutting the
line.
2. Sidewalk displays shall be permitted directly in front of an establishment, provided at least five feet of clearance is maintained along pedestrian circulation routes.
a. Display cases shall be located against the
wall and shall not be more than two feet deep. Display cases shall not exceed more than two feet into the sidewalk. The display area shall not exceed 50% percent of the length of the store front.
b. Display cases shall be permitted only during normal business hours, and shall be removed at the end of the business day. Cardboard boxes shall not be used for sidewalk displays.
c. Sidewalk displays shall maintain a clean, litter-free and well-kept appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.
K.
and plazas. Exterior public and semi-public spaces, such as
or plazas, shall be designed for function, to enhance surrounding
and provide amenities for users, in the form of textured paving,
, lighting,
trees, benches, trash receptacles, and other items of
furniture, as appropriate.
shall have recognizable edges defined on at least three sides by
, walls, elements of
, and elements of
furniture, in order to create a strong sense of enclosure.
L. Mechanical equipment.
All air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from view from the public
and from adjacent properties, by using walls,
, roof elements, penthouse-type screening devices, or
.
Fire escapes shall not be permitted on a
’s front facade. In
requiring a second means of egress pursuant to the local building codes, internal stairs or other routes of egress shall be used.
M. Security gates. Solid metal security gates or solid roll-down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from inside, within the window or door frames; or, if installed on the outside, if the coil box is recessed and concealed behind the
wall. Security grills shall be recessed and concealed during normal business hours. Models that provide a sense of transparency, in light colors, are encouraged. Other types of security devices fastened to the exterior walls are prohibited.
(Ord. passed 7-9-2013)
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