56. JUNK YARD: A structure or use for
commercial handling, storage, and/or sale or paper, rags, used or second hand
materials, scrap metals, other scrap or discarded materials, and the like; or
for the dismantling, storage, or salvaging of automobiles or other vehicles not
in running condition, or of machinery or parts thereof, but not including a
dump.
57. KENNEL: A structure or use in which
three (3) or more dogs, cats or other household pets are permanently or
temporarily boarded or bred for remuneration or sold.
58. LOADING SPACE: An off-street space
within a building or on the same lot with a building or group of buildings for
the temporary parking of a commercial vehicle while loading and unloading
merchandise or materials such space having direct and unobstructed access to a
street or alley.
59. LOT: A parcel of land occupied or
intended for occupancy by a structure together with its accessory structures
and the open spaces, parking spaces and loading spaces required by this Ordinance.
A lot may or may not be specifically designated as such on public records.
60. LOT AREA: The total horizontal area included within
lot lines. Where the front lot line lies in part of a street, the lot area
shall not include that part of the lot in use or to be used as the street.
61. LOT, CORNER: A lot located at the intersection of two streets
or a lot bounded on two sides by a curving street, any two chords of which form
an angle of 135 degrees or less as measured on the lot side. The point of intersection
of the street lot lines is the corner. In the ease of a corner lot with a
curved street line, the corner is that point on the street lot line nearest to
the point of intersection of the tangents described above.
62. LOT COVERAGE: The part
or percent of the lot occupied by any structure.
63. LOT DEPTH: The
horizontal straight line distance between the front and rear lot lines,
measured along the median between side lot lines.
64. LOT, DOUBLE FRONTAGE
Any interior lot having frontage on two more or less parallel streets as
distinguished from a corner lot.
65. LOT, INTERIOR A lot
other than a corner lot.
66. LOT LINES: The lines
bounding a lot as defined herein:
a. Front Lot Line: That side of the lot abutting a public or
private street right-of-way or abutting a lake; in the case of a corner lot or
a double frontage lot, either street right-of-way line may be considered the
front line of the lot if it contains the minimum required frontage except where
there is a row of double frontage lots, one street shall be designated as the
front street for all lots on the plat and any building permit.
b. Rear Lot Line: That lot line which is opposite and most
distant from the front lot line. In the case of an irregular shaped lot, a line
ten (10) feet in length entirely within the lot and parallel to and at the
maximum distance from the front lot line shall be considered the rear lot line
for the purpose of determining required rear yard spacing.
c. Side Lot Line: Any lot line not qualifying as a front or
rear lot line. A side lot line separating a lot from a street right-of-way
shall be known as a Side Street Lot Line. A side lot line separating a lot from
another lot or lots shall be known as an Interior Side Lot Line.
67. LOT OF RECORD: A parcel of land, the dimensions of which are
shown on a document or map on file with the County Register of Deeds.
68. LOT WIDTH: The horizontal straight line distance between the
side lot lines, measured at the two points where the building line or minimum
required front setback line intersects with side lot lines.
69. MAJOR THOROUGHFARE: An arterial street which is intended to
serve as a large volume traffic way for both the immediate municipal area and
the region beyond, and is designated as a major thoroughfare on the
Thoroughfare Plan.
70. MEZZANINE: An intermediate floor in any story occupying not
to exceed one-third (1/3) of the floor area of such story.
71. MANUFACTURED HOME: A detached single-family dwelling unit
with all of the following characteristics:
a. Designed for long-term occupancy.
b. Containing sleeping accommodations, a flush toilet, a tub or
shower bath, and kitchen facilities, with plumbing and electrical connections
provided for attachment to an outside system.
c. Designed to be transported after fabrication on its own
wheels or on flatbed or other trailers on detachable wheels.
d. Arriving at site to be occupied as a dwelling unit complete,
including appliances and furniture and ready for occupancy, except for minor
and incidental location operations.
72. MANUFACTURED HOME MODULE: A prefabricated structure to be
occupied as a detached dwelling unit with all of the following characteristics:
a. Designed for long term occupancy.
b. Containing sleeping accommodations, a flush toilet, a tub or
shower bath, and kitchen facilities with plumbing and electrical connections
provided for attachment to an outside system.
c. Designed to be transported on a flat bed.
d. Designed to be incorporated at a building site into a
structure on a permanent foundation.
73. MANUFACTURED HOME PARK: A parcel of land fifteen (15) acres
or more, intended and designed to accommodate sixty (60) or more manufactured
homes for residential use, which is offered to the public for that use along
with any structure, facility, area or equipment permitted and incidental to the
residential use, and licensed by the State of Michigan under Public Act 96 of
1987, as amended.
74. MANUFACTURED HOME SPACE: A plot or parcel of land within a
Manufactured Home Park designed to accommodate one (1) manufactured home.
75. MANUFACTURED HOME STAND: That part of a Manufactured Home
Space which has been reserved for the placement of a Manufactured Home,
appurtenant structures, or additions.
76. MOTEL: A series of attached, semi-detached or detached rental
units containing a bedroom, bathroom, and closet space, which are rented for
overnight lodging primarily to the public traveling by motor vehicle.
77. NON-CONFORMING USE: A structure or portion thereof, or the
use of a structure or land lawfully existing at the time this Ordinance, or
amendments thereof, became effective, but which does not conform with the use
regulations of the district in which it is located.
78. NUISANCE: An offensive, annoying, unpleasant or obnoxious
thing or practice; a cause or source of annoyance, especially a continuing or
repeated excessive or concentrated invasion of any activity or use across a
property line which can be perceived by or affects a human being, such as, but
not limited to: (a) noise, (b) dust, (c) smoke, (d) odor, (e) glare, (f) fumes,
(g) flashes, (h) vibration, (i) shock waves, (j) heat, (k) electronic or atomic
radiation, (1) effluent, (m) noise from the congregation of people,
particularly at night, (n) passenger traffic, (o) invasion of nonbutting street
frontage by traffic, (p) dirt, or (q) fly ash.
79. NURSERY: A structure or use, or combination thereof, for the
storage of live trees, shrubs or plants offered for retail sale on the premises
including products used for gardening or landscaping, but not including a
structure or use for the sale of fruits, vegetables, or Christmas trees.
80. OCCUPIED: Arranged, designed, built, altered, converted to,
rented or leased, or intended to be occupied.
81. OFF-STREET PARKING LOT OR FACILITY: A structure or use
providing parking spaces for more than three (3) motor vehicles along with
adequate drives and aisles for maneuvering.
82. OFFICE: A room, suite of rooms, or building in which are
located desks, chairs, tables, couches, bookcases, accounting, filing,
recording, communication and/or stenographic equipment for current use in the
office business, and personnel engaged in executive, administrative,
professional, political, informative, research and/or clerical duties; and
other similar, related or incidental furniture, equipment or personnel connected
or concerned with the performance of a personal service.
83. OPEN FRONT STORE: A business establishment so developed that
service to the patron may be extended beyond the walls of the building, not
requiring the patron to enter the building. The term "Open Front
Store" shall not include auto repair stations or gasoline service
stations.
84. OPEN SPACE: Any unoccupied space open to the sky on the same
lot with a building.
85. PARKING SPACE: An area of definite length and width exclusive
of drives, aisles or entrances and fully accessible for the parking of motor
vehicles.
86. PLAN: The general development plan including the general
location for streets, parks, schools, public buildings, and all physical
development of the City and includes any unit or part of such plan, and any
amendment to such plan or parts thereof. Such plan may or may not be adopted in
written form by the Planning Commission and/or the City Council.
87. PRINCIPAL USE: The main use to which the premises are devoted
and the principal purpose for which the premises exist.
88. PUBLIC UTILITY: A person, firm, corporation, municipal or county
department, or board or commission duly authorized to furnish and furnishing
under federal, state or municipal regulations to the public: gas, steam,
electricity, sewage disposal, telegraph, telephone, transportation or water.
89. RECREATION AREA: An area designated for
sport or outdoor activities only, whether natural or improved, public or
private.
90. RECREATIONAL VEHICLE: A vehicle designed
to be used primarily for recreational purposes, including temporary sleeping
quarters and/or cooking facilities, or a unit designed to be attached to a
vehicle and used for such purposes, including self-propelled motor homes,
pickup campers, travel trailers, and tent trailers; provided, however, that any
such vehicle or unit which is forty (40) feet or more in overall length shall
be considered a travel trailer and shall be subject to all regulations of this
Ordinance applicable to travel trailers.
91. RIGHT-OF-WAY: A street, alley or other
thoroughfare or easement permanently established for passage of persons or
vehicles.
92. SETBACK: The minimum horizontal distance
a structure, or any portion thereof, is required to be located from the
boundaries of the lot or parcel of land upon which the same is situated.
93. SIGN: Any outdoor sign, name
identification, description, display, device, figure, painting, drawing,
message, placard, poster, billboard or illustration which is affixed to or
represented directly or indirectly upon a structure or land and which is
intended to direct attention to an object, product, place, activity, person,
institution, organization or business. A "sign" shall not include any
display of official court or public office notices nor shall it include the
flag of a political unit or school.
94. SIGN, ACCESSORY: A sign which directs
attention to a person, product, business or profession conducted or located
upon the same premises.
95. SIGN, NONACCESSORY: A sign which directs
attention to a business, commodity, activity, service, or entertainment
conducted, sold, placed, or otherwise offered elsewhere than on the premises
where the sign is located.
96. STORY:
The part of a building, except a mezzanine, included between the surface of one
floor and the surface of the next door, or if there is no floor above, then the
ceiling next above.
97. STORY, HALF: An uppermost story lying
under a sloping roof having a floor area of at least two hundred (200) square
feet with a clear height of seven feet six inches (7'6").
98. STREET: A public right-of-way, other
than an alley, which affords the principal means of access to abutting
property.
99. STREET LINE: The legal line of demarcation
between a street right-of-way line for service, benefit or enjoyment.
100. STRUCTURE Anything
constructed or erected, including a building, the use of which requires
location on the ground or attachment to something having location on the
ground, excluded are fences, sidewalks, paving on streets, driveways, parking
areas, and patios.
101. STRUCTURE,
ACCESSORY: A structure or portion thereof subordinate to and on the same lot as
a main structure and devoted exclusively to an accessory use.
102. STRUCTURE, MAIN: A
structure or portion thereof in which is conducted the principal use of the lot
on which it is located.
103. TELEVISION SATELLITE
DISH: The term Television Satellite Dish shall mean every device capable of
receiving television signals from satellites.
104. TEMPORARY BUILDING
AND USES: A structure or use permitted to exist during periods of construction
of the main use, or for special events.
105. TERRACE: A row of
four (4) or more attached, one (1) family dwellings, not more than two (2) rooms
deep, and having the total dwelling space on one floor.
106. TRAVEL TRAILER: A
vehicular portable structure designed as a temporary dwelling for travel,
recreational and vacation uses or designed for a temporary office or business
use.
107. USE: The purpose for
which land, premises, or a structure is arranged, designed or intended, or for
which land, premises or a structure is or may be occupied.
108. USE, CHANGE OF: A
modification or deviation from the original purpose, occupancy, utilization or
classification of a building, structure or parcel or tract of land. The term is
inclusive of:
a. a
discernible increase in the intensity of use, which by Ordinance imposes more
restrictive parking requirements or other more restrictive characteristics of
use or
b. an
alteration by change of use in a building heretofore existing to a new use
group, as defined in the City Building Code, which imposes other special
provisions of law governing building construction, equipment, or means of
egress.
109. USE,
INCREASE IN THE INTENSITY OF: A discernible increase in the level or volume of
activity generated by a change in use or an increase in floor area or an
increase in land area configurations.
110. VARIANCE A
modification of the literal provisions of this Ordinance granted when strict
enforcement would cause undue hardship owing to circumstances unique to the
individual property on which the variance is granted. A variance is not an
exception.
111. WALL,
OBSCURING: A structure of definite and continuous height, length, and location
to serve as an obscuring screen in carrying out the requirements of this
Ordinance.
112. WIRELESS COMMUNICATIONS FACILITY:
All facilities, structural, attached, accessory or otherwise, related to the
use of the radio frequency spectrum for the purpose of transmitting or
receiving radio signals and may include, but is not limited to radio towers,
television towers, telephone devices and exchanges, microwave relay towers,
telephone transmission equipment building and commercial mobile radio service
facilities. Citizen band radio
facilities, short wave facilities, ham and amateur radio facilities, television
reception antennae, satellite dishes, and government facilities which are
subject to state or federal law or regulations which preempt municipal
regulatory authority are not included in this definition. A wireless communications facility shall not
be included under the existing definition of “essential services.”
113. WIRELESS COMMUNICATIONS FACILITY,
CO-LOCATION: The location by two (2) or more wireless communications providers,
public authority or other duly authorized party of wireless communications
facilities on an existing structure, tower or building, in a manner that
reduces the overall need for additional or multiple freestanding single use
communications facilities within the City of Bad Axe.
114. WIRELESS COMMUNICATIONS SUPPORT
STRUCTURE (Tower): Any wireless communications facility erected or modified to
support attached wireless communications facilities, or other antennae or
facilities, including supporting lines, cables, wires, braces, and masts
intended primarily for the purpose of mounting an attached wireless
communications facility or similar apparatus above grade. This includes, but are not limited to, any
ground or roof-mounted pole, monopoles, lattice towers, light poles, utility
support structures, wood pole, guy wired tower, spire, other similar structure
or combination thereof, or other structures which appear to be something other
than a mere support structure.
115. YARD:
The open space on the same lot with a main building unoccupied and unobstructed
from the ground upward except as otherwise provided in this Ordinance.
116. YARD,
FRONT: An open space extending the full width of the lot, the depth of which is
the minimum horizontal distance between the front lot line and the nearest
point of the main building.
117. YARD,
REAR: An open space extending the full width of the lot, the depth of which is
the minimum horizontal distance between the rear lot line and the nearest point
of the main building. In the ease of a corner lot, the rear yard may be
opposite either street frontage.
118. YARD,
SIDE: An open space between a main building and the side lot line, extending
from the front yard to the rear yard, the width of which is the minimum horizontal
distance from the nearest point on the side lot line to the nearest point of
the main building.
ARTICLE III. ZONING DISTRICTS AND MAP
SECTION 300. DISTRICTS
ESTABLISHED
The
City is hereby divided into the following zoning districts:
R-1 Traditional
Neighborhood District
R-2 Multiple
family residential district
R-3 Manufacture
Home Community District
CBD Central
Business District
B-1 Service
business district
B-2 General
business district
IN Industrial
district
SECTION 301. ZONING MAP
1. The
location and boundaries of the zoning districts established in the City shall
be shown on the Zoning Map and said map, and any section, or portion thereof,
together with all notations, dimensions and other data shown thereon, are
hereby made a part of this Ordinance to the same extent as if the information
set forth on said map were fully described and incorporated herein.
2. The Zoning Map may be amended from time
to time to reflect changes in districts and the rezoning of a lot or lots shown
thereon in the same manner as amendments may be made to the text of this
Ordinance. Such changes shall be recorded to scale on duplicate copies of the
Zoning Map and shall be accomplished by written legal descriptions in
appropriate amendatory ordinances.
SECTION
302. DISTRICT BOUNDARIES INTERPRETED
Where
uncertainty exists with respect to the boundaries of the various districts as
shown on the Zoning Map, the following rules shall apply:
1. Boundaries indicated as approximately
following the center lines of streets, highways, or alleys, shall be construed
to follow such center lines.
2. Boundaries indicated as approximately
following platted lot lines shall be construed as following such lot lines.
3. Boundaries indicated as following
railroad lines shall be construed to be the midline between the main tracks.
4. Boundaries indicated as approximately
following the center line of streams, rivers, canals, lakes or other bodies of
water shall be construed to follow such center lines.
5. Boundaries
indicated as parallel to or extensions of features indicated in subsections 1
through 4 above shall be so construed. Distances not specifically indicated on
the Zoning Map shall be determined by the scale of the map.
6. Where
physical or natural features existing on the ground are at variance with those
shown on the Zoning Map, or in other circumstances not covered by subsections 1
through 5 above, the Zoning Board of Appeals shall interpret the district
boundaries.
7. Insofar
as some or all of the various districts may be indicated on the Zoning Map by
patterns which, for the sake of map clarity, do not cover public rights-of-way,
it is intended that such district boundaries do extend to the center of any
public right-of-way.
SECTION 303. ZONING OF VACATED AREAS
If all or any portion of any public
street, alley, right-of-way, easement or land shall ever revert to or come into
private ownership or shall ever be used for any purpose other than a public
purpose, said land shall be subject to all of the regulations which apply
within the district where located, or within the most restrictive of the
immediately adjacent districts, if there be more than one.
SECTION 304. ZONING OF ANNEXED AREAS
Any area annexed to the City of Bad Axe
shall be immediately referred to the Planning Commission who shall recommend
appropriate zoning for such area within three (3) months after the matter is
referred to them. The City Council shall thereafter adopt the appropriate
zoning for said area and the area and its designated zoning shall be added to
the current Zoning Map.
SECTION 305. DISTRICT USES
Each district provides far uses
permitted by right and uses permitted by special approval. No structure or land
shall be used and no structure shal1 be erected except in compliance with the
terms and conditions of this Ordinance. Uses permitted by special approval
shall not be allowed until the specific applicable conditions and limitations
have been complied with, and, in addition, until approval has been obtained
from the Planning Commission in accordance with ARTICLE XVII SITE PLAN AND/OR
SPECIAL APPROVAL USE REVIEW.
SECTION 306. DISTRICT
REQUIREMENTS
In addition to any other requirement,
al1 structures and/or uses shall also be subject to the provisions of ARTICLE
XI AREA, DENSITY, BULK, HEIGHT AND YARD REQUIREMENTS and ARTICLE XII GENERAL
PROVISIONS. More restrictive requirements applicable to a specific land,
structure, and/or use, however, shall supersede these general requirements.
ARTICLE
IV. R-1 TRADITIONAL NEIGHBORHOOD
DISTRICT
SECTION 400. STATEMENT OF PURPOSE
This district classification is
designed to recognize, maintain, and enhance the traditional neighborhood
districts of the City. These areas are
characterized by existing platted lots that are generally between 9,000 and
10,000 square feet and 60 to 70 feet wide.
Front yard setbacks also vary within the traditional neighborhood
ranging from 15 feet to 25 feet. Side
yard setbacks have traditionally been determined by the minimum width for a
driveway.
Homes in the traditional neighborhoods
vary in architectural style, but are consistent in that high quality, natural
building materials are predominant.
Homes range from two story to one story and most have a detached garage
located behind the home.
Although single family residential is
the predominant land use in these traditional neighborhoods, there are also
other, compatible uses including; churches, schools, senior facilities, day
care homes, and some duplex residential units.
The intent of the R-1 Traditional
Neighborhood District is to preserve the character of these neighborhoods by
requiring new or in-fill development to be similar in character and quality as
the existing development.
SECTION 401. USES PERMITTED BY RIGHT
The following structures and/or uses shall be
permitted by right:
1. One-family
detached dwelling unit.
2. Church,
temple or synagogue, together with accessory housing for religious personnel,
subject to the following:
a. The
lot shall be at least one (1) acre in size.
b. The
lot shall be so located as to have at least one (1) property line on a major
thoroughfare or collector street. All motor vehicle ingress and egress to the
lot shall be directly onto said thoroughfare, street, or a marginal access
service drive thereof.
c. No
building shall be closer than forty (40) feet to any property or street line.
d. No
more than thirty-five (35%) per cent of the lot area shall be covered by
buildings.
3. Publicly owned and operated library,
park, playground, or parkway.
4. Public, parochial, or private
elementary school offering courses in general
education, and not operated for profit.
5. State licensed residential facility
providing services for six (6) or less people within the meaning of and in
accordance with the provisions of 1976 PA 396, as amended.
6. Accessory
building or use as long as not involving the conduct of business.
7.
Wireless
Communications facilities and services subject to the provisions of Section
1218.
SECTION 402. USES PERMITTED BY SPECIAL APPROVAL
The following structures and/or uses
shall be permitted, but only by special approval granted by the Planning
Commission:
1. Two
family dwelling unit, subject to the following:
a.
All two family dwelling
units, whether a two-flat (one unit up, one unit down) or a duplex (two units
side-by-side) shall be designed to resemble a single family home similar in
character with the surrounding homes within one half block in each direction.
b. Entrances shall be designed so that the
presence of multiple entrances is minimized.
c. No more than two (2) accessory buildings
shall be permitted on a lot with a two-family dwelling provided the area of the
two accessory buildings shall not exceed the total permitted area for a single
accessory building permitted on a lot with a single family home.
2. Bed
and Breakfast residence.
3. Cemetery,
public or private, subject to the following:
a. The
lot shall be at least twenty (20) acres and shall be so designed as to provide
motor vehicle ingress and egress directly onto or from a major thoroughfare.
b. No
building shall be closer than fifty (50) feet to any property or street line.
c. A maximum of one (1) sign is permitted
at the point of entrance which shall bear only the name of the cemetery and
shad have a maximum area of eight (8) square feet.
4. College, university, or other
institution of higher learning, public or private, offering courses in general,
technical, or religious education and not operated for profit, subject to the
following:
a. The
lot shall be at least fifteen (15) acres in area.
b. The
lot or any portion thereof shall not be part of a recorded subdivision plat.
c. No
building shall be closer than forty (40) feet to any property or street line.
5. Essential services, subject to the
following:
a. All
buildings and equipment shall meet the minimum front and rear yard setback
requirements and must be setback a minimum of 15 feet from each side property
line.
b. No more than twenty-five (25%) percent of the lot area may
be covered by buildings.
c. All
buildings shall be harmonious in appearance with the surrounding area and shall
be similar in design and appearance to any other buildings on the same site
development.
d. Where
mechanical equipment is located in the open air, it shall be screened from the
surrounding area by an obscuring wall, fence, or planting area and it shall be
fenced for safety. All buildings housing mechanical equipment shall be
landscaped and maintained to harmonize with the surrounding area.
6. Golf
course, not including a miniature golf course or par-3 course, which may or may
not be operated for profit, subject to the following:
a. The
site shall be at least fifty (50) acres in area.
b. Motor
vehicle ingress and egress shall be onto a major thoroughfare.
c. The
site plan shall be laid out to achieve a relationship between the major
thoroughfare and any proposed service roads, entrances, driveways, and parking
areas which will encourage pedestrian and vehicular traffic safety. No
structure shall be closer than fifty (50) feet to any property or street line.
d. Development
features including structures shall be so located and related as to minimize
the possibility of any adverse affects upon adjacent lots. This shall mean that
all principal or accessory buildings shall be not less than one hundred (100)
feet from any property line abutting a residential lot; provided that where
topographic conditions are such that buildings would be screened from view, the
Planning Commission may modify this requirement. The lighting of a golf course
so as to permit use after daylight is expressly prohibited.
7. Home occupation.
8. Hospital, public or private, providing
general health care, subject to the following:
a. The
lot shall be at least five (5) acres in area.
b. The
lot shall have at least one (1) property line abutting a major thoroughfare or
collector street. All motor vehicle ingress and egress to the off-street
parking area for guests, employees, and staff shall be directly from the
thoroughfare or street.
c. All
two (2) story structures shall be at least sixty (60) feet from any property
or street line. Buildings less than two (2) stories shall be no closer than
forty (40) feet to any property or street line. For buildings above two (2)
stories, the building shall be set back from the initial sixty (60) feet set
back an additional one (1) foot for each foot of additional height above two
(2) stories.
d. No
more than twenty-five (25%) percent of the lot may be covered by buildings.
e. Ambulance
and delivery areas shall be obscured from
residential view by an obscuring wall, fence or planting area. Motor
vehicle access to and from the delivery and ambulance area shall be directly
from a major thoroughfare or collector street.
9. Nursery school, day nursery, or child
care center (not including a dormitory), subject to the following:
a. No more than one (1) dwelling unit shall
be located on the lot.
b. No more than six (6) children, exclusive
of the owner's children, shall be on the premises at one time.
c. In addition to the lot area requirement
there shall be provided on the lot a usable outdoor play area at the rate of
fifty (50) additional square feet for each child not a member of the owner's
family, exclusive of required front yard, required side yard along a street,
and of driveways and parking areas. The play area shall be fenced for safety
and shall be screened from any adjoining residential lot by an obscuring wall,
fence, or planting area.
10. Nursing
home, convalescent home, adult foster care home, or housing for the elderly or
orphans or wards of the probate court where the number of persons served
thereby is six (6) or less.
11. Public or private noncommercial
recreational area and/or facility; institutional or community recreation center;
or nonprofit swimming pool club; all subject to the following:
a. The lot for any of such uses which would
attract persons from, or are intended to serve, areas beyond the immediate
neighborhood shall have at least one (1) property line abutting a major
thoroughfare.
b. Front, side and rear yards shall be at
least eighty (80) feet.
12. Public, parochial, or private
intermediate and/or secondary school offering courses in general education, not
operated for profit.
13. Accessory building or use.
14. Any structure or use which, in the
opinion of the Planning Commission, is similar to a structure or use permitted
by right or by special approval of the Planning Commission in this zoning
district.
15. Wireless Communications support
structures subject to the provisions of Section 1218.
ARTICLE V. R-2
MULTIPLE FAMILY RESIDENTIAL DISTRICT
SECTION 500. STATEMENT OF PURPOSE
This district classification is
designed to permit the greatest density of residential uses allowed within the
City, which will generally serve as a zone of transition between nonresidential
districts and any R-1 District, together with other residentially related
facilities designed to service the inhabitants of the area.
SECTION 501. USES PERMITTED BY RIGHT
The following structures and/or uses
shall be permitted by right:
1. Multiple
dwelling unit, including apartment building and town house, but excluding hotel
and motel.
2. Two family dwelling units.
3. Bed and breakfast residence.
4. One-family detached dwelling unit
subject to the area, density, bulk, height, and yard requirements of the R-1
district.
5. Boarding or lodging house containing
not more than six (6) separate units.
6. Cemetery, public, or private, subject
to the following:
a. The
lot shall be at least twenty (20) acres and shal1 be so designed as to provide
motor vehicle ingress and egress directly onto or from a major thoroughfare.
b. No
building shall be closer than fifty (50) feet to any property or street line.
c. A
maximum of one (1) sign is permitted at the point of entrance which shall bear
only the name of the cemetery and shall have a maximum area of eight (8) square
feet.
7. Church,
temple, or synagogue, together with accessory housing for religious personnel,
subject to the following:
a. The
lot shall be at least one (1) acre in size.
b. The
lot shall be so located as to have at least one (1) property line on a major
thoroughfare, street, or collector street. All motor vehicle ingress and egress
to the lot shall be directly onto said thoroughfare, street, or a marginal
access service drive thereof.
c. No building shall be closer than forty
(40) feet to any property or street line.
d. No more than thirty-five (35%) per cent
of the lot area shall be covered by buildings.
8. College, university, or other
institution of higher learning, public and private, offering courses in
general, technical, or religious education and not operated for profit, subject
to the following:
a. The lot shall be at least fifteen (15)
acres in area.
b. The lot or any portion thereof shall not
be part of a recorded subdivision plat.
c. No building shall be closer than forty
(40) feet to any property or street line.
9. Hospital,
public or private, providing general health care, subject to the following:
a. The lot shall be at least five (5) acres
in area.
b. The lot shall have at least one (1)
property line abutting a major thoroughfare or collector street. All motor
vehicle ingress and egress to the off-street parking area for guests, employees,
and staff shall be directly from the thoroughfare or street.
c. All two (2) story structures shall be at
least sixty (60) feet from any property or street line. Buildings less than
two (2) stories shall be no closer than forty (40) feet to any property or
street line. For buildings above two (2) stories, the building shall be set
back from the initial sixty (60) feet set back an additional one (1) foot for
each foot of additional height above two (2) stories.
d. No more than twenty-five (25%) percent
of the lot may be covered by buildings.
e. Ambulance and delivery areas shall be
obscured from all residential view by an obscuring wall, fence or planting
area. Motor vehicle access to and from the delivery and ambulance area shall be
directly from a major thoroughfare or collector street.
10. Housing
for the elderly when provided as a planned development having:
a. Cottage type and/or apartment type
dwelling units.
b. Common services containing, but not
limited to: central dining rooms, recreational rooms and central lounge.
11. Publicly owned and operated library,
park, playground or parkway.
12. One model dwelling unit for each project
or subdivision.
13. Nursery school, day nursery, or child
care center (not including a dormitory), subject to the following:
a. No more than one (1) dwelling unit shall
be located on the lot.
b. No more than six (6) children, exclusive
of the owner's children, shall be on the premises at one time.
c. In addition to the lot area requirement,
there shall be provided on the lot a usable outdoor play area at the rate of
fifty (50) additional square feet for each child not a member of the owner's
family, exclusive of required front yard, required side yard along a street,
and of driveways and parking areas. The play area shall be fenced for safety
and shall be screened from any adjoining residential lot by an obscuring wall,
fence, or planting area.
14. Nursing home, convalescent home, adult
foster care home, or housing for the elderly or orphans or wards of the probate
court where the number of persons served thereby is six (6) or less.
15. Private office for a doctor or dentist,
or similar profession, provided such office is part of a dwelling unit occupied
by such doctor or dentist, or similar profession, and not more then one such
doctor or dentist, or similar professional, practices in any such office.
16. Public or private noncommercial
recreational area and/or facility, institutional or community recreation
center, nonprofit swimming pool club, all subject to the following:
a. The lot for any of such uses which would
attract persons from, or are intended to serve, areas beyond the immediate
neighborhood shall have at least one (1) property line abutting a major
thoroughfare.
b. Front, side and rear yards shall be at
least eighty (80) feet wide.
17. State licensed residential facility
providing services for six (6) or less people within the meaning of and in
accordance with the provisions of 1976 PA 396, as amended.
18. Public, parochial, or private elementary
school offering courses in general education, and not operated for profit.
19. Public, parochial, or private
intermediate and/or secondary school offering courses in general education, not
operated for profit.
20. Accessory building or use.
21. Wireless Communications facilities and
services subject to the provisions of Section 1218.
SECTION
502. USES PERMITTED BY SPECIAL APPROVAL
The
following structures and/or uses shall be permitted, but only by special approval
granted by the Planning Commission:
1. Private club, fraternity, or lodge
except one the chief activity of which is a service customarily carried on as a
business.
2. Utility and public service facilities
and uses, excluding storage yards, when operating requirements necessitate the
locating of said facilities within the district in order to serve the immediate
vicinity, subject to the following:
a. No building shall be closer than forty
(40) feet to any property or street line.
b. No more than twenty-five (25%) percent
of the lot area may be covered by buildings.
c. All buildings shall be harmonious in
appearance with the surrounding area and shall be similar in design and
appearance to any other buildings on the same site development.
d. Where mechanical equipment is located in
the open air, it shall be screened from the surrounding area by an obscuring
wall, fence, or planting area and it shall be fenced for safety. All buildings
housing mechanical equipment shall be landscaped and maintained to harmonize
with the surrounding area.
3. Golf course, not including a miniature
golf course or par-3 course, which may or may not be operated for profit,
subject to the following:
a. The site shall be at least fifty (50)
acres in area.
b. Motor vehicle ingress and egress shall
be onto a major thoroughfare.
c. The site plan shall be laid out to
achieve a relationship between the major thoroughfare and any proposed service
roads, entrances, driveways and parking areas which will encourage pedestrian
and vehicular traffic safety. No structure shall be closer than (50) feet to
any street line.
d. Development features including
structures shall be so located and related as to minimize the possibility of
any adverse affects upon adjacent lots. This shall mean that any principal or
accessory buildings shall be not less than one hundred (100) feet from any
property line abutting a residential lot; provided that where topographic
conditions are such that buildings would be screened from view, the Planning
Commission may modify this requirement. The lighting of a golf course so as to
permit use after daylight hours is expressly prohibited.
4. Home occupation.
5. Retail
sale of any products, produce or flowers grown on the premises, subject to the
following:
a. Sale shall be made only from the
premises where the product, produce or flowers were grown.
b. No permanent structure shall be erected
in connection with such sale and all temporary structures shall be removed when
such products, produce or flowers have been disposed of.
6. Accessory
building or use.
7. Any structure or use which, in the
opinion of the Planning Commission, is similar to a structure or use permitted
by right or by special approval of the Planning Commission in this zoning
district.
8. Wireless Communications support
structures subject to the provisions of Section 1218.
9. Essential services, subject to the
following:
a. All buildings and equipment shall meet
the minimum front and rear yard setback requirements and must be setback a
minimum of 15 feet from each side property line.
b. No more than twenty-five (25%) percent
of the lot area may be covered by buildings.
c. All buildings shall be harmonious in
appearance with the surrounding area and shall be similar in design and
appearance to any other buildings on the same site development.
d. Where mechanical equipment is located
in the open air, it shall be screened from the surrounding area by an obscuring
wall, fence, or planting area and it shall be fenced for safety. All buildings
housing mechanical equipment shall be landscaped and maintained to harmonize
with the surrounding area.
ARTICLE VI.
R-3 MANUFACTURED HOME COMMUNITY
DISTRICT
SECTION 600. STATEMENT OF PURPOSE
The Manufactured Home Community
District is intended to provide for the location and regulation of manufactured
home parks. These districts should be
located in areas where they will be compatible with adjacent land uses. Accordingly, manufactured home parks shall
be located in proximity to Multiple Family Districts and shall serve as a
transition zone between residential and non‑residential districts. Manufactured home parks should not be
located where they would interrupt the continuity of permanent single family
neighborhoods. Furthermore, the location
of a manufactured home park shall not have an adverse impact on the proper
functioning of community facilities and utility systems, including but not
limited to the following: roads, sanitary sewers, water, storm drainage, police
and fire protection, and the educational system.
The regulations established by state
law (Michigan Public Act 96 of 1987, as amended) and the Manufactured Home
Commission Rules govern all manufactured home parks. When regulations in this Article exceed the state law or the
Manufactured Home Commission Rules they are intended to insure that
manufactured home parks meet the development and site plan standards
established by this Ordinance for other comparable residential development and
to promote the health, safety and welfare of the City's residents.
SECTION 601. USES PERMITTED BY RIGHT
In all areas zoned R-3, Manufactured
Home Community District, no building shall be erected, 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 uses:
1. Manufactured
home parks.
2. Multiple
family and attached single family housing, subject to the requirements in
Article V.
3. Residential
care facilities that provide care for up to six (6) individuals.
4. Uses
and structures accessory to the above, subject to the provisions in this
Article.
5. Wireless Communications facilities and
services subject to the provisions of Section 1218.
SECTION 602. USES PERMITTED BY
SPECIAL APPROVAL
The following structures and/or uses
shall be permitted, but only by special approval granted by the Planning
Commission:
1. Private
club, fraternity, or lodge except one the chief activity of which is a service
customarily carried on as a business.
2. Utility
and public service facilities and uses, excluding storage yards, when operating
requirements necessitate the locating of said facilities within the district in
order to serve the immediate vicinity, subject to the following:
a. No building shall be closer than forty
(40) feet to any property or street line.
b. No more than twenty-five (25%) percent
of the lot area may be covered by buildings.
c. All buildings shall be harmonious in
appearance with the surrounding area and shall be similar in design and
appearance to any other buildings on the same site development.
d. Where mechanical equipment is located in
the open air, it shall be screened from the surrounding area by an obscuring
wall, fence, or planting area and it shall be fenced for safety. All buildings
housing mechanical equipment shall be landscaped and maintained to harmonize
with the surrounding area.
3. Golf course, not including a miniature
golf course or par-3 course, which may or may not be operated for profit,
subject to the following:
a. The site shall be at least fifty (50)
acres in area.
b. Motor vehicle ingress and egress shall
be onto a major thoroughfare.
c. The site plan shall be laid out to
achieve a relationship between the major thoroughfare and any proposed service
roads, entrances, driveways and parking areas which will encourage pedestrian
and vehicular traffic safety. No structure shall be closer than fifty (50) feet
to any street line.
d. Development features including
structures shall be so located and related as to minimize the possibility of
any adverse affects upon adjacent lots. This shall mean that all principal or
accessory buildings shall be not less than one hundred (100) feet from any
property line abutting a residential lot; provided that where topographic
conditions are such that buildings would be screened from view, the Planning
Commission may modify this requirement. The lighting of a golf course so as to
permit use after daylight hours is expressly prohibited.
4. Home occupation.
5. Retail sale of any products, produce or
flowers grown on the premises, subject to the following:
a. Sale shall be made only from the
premises where the product, produce or flowers were grown.
b. No permanent structure shall be erected
in connection with such sale and all temporary structures shall be removed when
such products, produce or flowers have been disposed of.
6. Wireless Communications support
structures subject to the provisions of Section 1218.
7. Essential services subject to the
following:
a. No
building shall be closer than forty (40) feet to any property or street line.
b. No
more than twenty-five (25%) per cent of the lot area may be covered by
buildings.
c. All
buildings shall be harmonious in appearance with the surrounding area and shall
be similar in design and appearance to any other buildings on the same site
development.
d. Where
mechanical equipment is located in the open air, it shall be screened from the
surrounding area by an obscuring wall, fence, or planting area, and it shall be
fenced for safety. All buildings housing mechanical equipment shall be
landscaped and maintained to harmonize with the surrounding area.
SECTION 603. REQUIRED CONDITIONS
1. Pursuant
to Section 11 of Michigan Public Act 96 of 1987, as amended, a preliminary plan
shall be submitted to the City for review by the Planning Commission. The preliminary plan shall include the
location, layout, general design, and general description of the project. The preliminary plan shall not include
detailed construction plans.
In
preparing the preliminary plan and when reviewing the plan, the developer and
Planning Commission shall generally follow the procedures and requirements in
Article XVII of this Ordinance, where applicable, except where said procedures
and requirements are superseded by requirements in Public Act 96 of 1987, as
amended, or the Manufactured Home Commission Rules.
Pursuant
to Section 11 of Public Act 96 of 1987, as amended, the Planning Commission
shall take action on the preliminary plan within sixty (60) days after the City
officially receives the plan.
2. Manufactured home parks shall be
subject to all the rules and requirements as established and regulated by
Michigan law including, by way of example, Act 96 of 1987, as amended, and the
Manufactured Home Commission Rules and, in addition, shall satisfy the
following minimum requirements:
a. The
minimum parcel size for manufactured home parks shall be fifteen (15)
acres.
b. The manufactured home park shall be
developed with sites averaging 5,500 square feet per manufactured home
unit. This 5,500 square feet for any
one site may be reduced by 20 percent provided that the individual site shall
be equal to at least 4,400 square feet.
For each square foot of land gained through the reduction of a site
below 5,500 square feet, at least an equal amount of land shall be dedicated as
open space, but in no case shall the open space and distance requirements be
less than that required under R 125.1946, Rule 946, and R 125.1941 and R
125.1944, Rules 941 and 944 of the Michigan Administrative Code.
3. Manufactured homes shall comply with
the following minimum distances and setbacks:
a. Twenty (20) feet from any part of an
adjacent Manufactured home.
b. Ten (10) feet from any on‑site
parking space of an adjacent manufactured home site.
c. Ten (10) feet from any accessory
attached or detached structure of an adjacent manufactured home.
d. Fifty (50) feet from any permanent
building.
e. One hundred (100) feet from any
baseball softball or similar recreational field.
f. Ten (10) feet from the edge of an
internal road, provided that such road is not dedicated to the public. Manufactured homes and other structures in
the R-3 district shall be set back at least twenty (20) feet from the right‑of‑way
line of a dedicated public road with the manufactured home park.
g. Seven and one‑half (7.5) feet
from any parking bay.
h. Seven (7) feet from a common pedestrian
walkway.
i. All manufactured homes and accessory
buildings shall be set back not less than fifty (50) feet from any park
boundary line, including the future right‑of‑way line of abutting
streets and highways.
j. Forty (40) feet from the edge of any
railroad right‑of‑way.
4. Buildings in the R-3 district shall not
exceed two and one‑half (2 ½) stories or thirty‑five (35) feet,
except that storage sheds shall not exceed fifteen (15) feet in height.
5. Roads shall satisfy the minimum
dimensional, design, and construction requirements as set forth in the
Manufactured Home Commission Rules except as follows:
a. Two‑way
streets shall have a minimum width of 21 feet where no parallel parking is
permitted, 31 feet where parallel parking is permitted on one side only, and 41
feet where parallel parking is permitted on both sides of the street.
b. One‑way
streets shall have a minimum width of 13 feet where no parallel parking is
permitted, 23 feet where parallel parking is permitted on one side only, and 33
feet where parallel parking is permitted on both sides of the street.
c. Dead‑end
streets shall terminate in a cul‑de‑sac having an adequate
turnaround with paving that is a minimum of fifty (50) feet in diameter. No parking shall be permitted in the cul‑de‑sac
turnaround.
d. The
main entrance to the park shall have access to a public thoroughfare or shall
be connected to a paved public collector or arterial road by a permanent
easement which shall be recorded by the developers. Sole access to the park via an alley is prohibited.
e. All
roads shall be constructed with curbs and gutters.
f. Parking
(1) All
manufactured home sites shall be provided with two (2) parking spaces per
Manufactured Home Commission Rules 925 and 926.
(2) In addition, a minimum of one (1)
parking space for every three (3) manufactured home sites shall be provided for
visitor parking located convenient to the area served.
(3) No unlicenced or inoperable vehicle of
any type shall be parked in this district at any time except within a covered
building.
(4) Common
areas for the storage of boats, motorcycles, recreation vehicles, and similar
equipment may be provided in a manufactured home park, but shall be limited to
use only by residents of the manufactured home park. The location of such storage areas shall be shown on the site
plan. No part of any such storage area
shall be located in any yard required on the perimeter of the manufactured home
park. Such storage area shall be
screened from view from adjacent residential properties with an opaque six (6)
foot wooden fence, six (6) foot masonry wall with landscaping, or landscaped
greenbelt. If a landscaped greenbelt is
used, it shall consist of closely‑spaced evergreen plantings (i.e., no
farther than fifteen (15) feet apart) which can be reasonably expected to form
a complete visual barrier that is at least six (6) feet above ground level
within three (3) years of planting.
g. Sidewalks having a minimum width of
three (3) feet shall be provided along each side of the street upon which
manufactured home sites front.
h. Accessory Buildings and Facilities
(1) Accessory buildings and structures,
including park management offices and public works facilities, storage
buildings, laundry facilities, recreation or community facilities, and other
accessory facilities, shall be designed and operated for use by residents of
the park only.
(2) All buildings constructed on‑site
within a manufactured home park shall be constructed in compliance with the
City of Bad Axe Building Codes and shall require all applicable permits. Any addition to a manufactured home unit
that is not certified as meeting the standards of the U.S. Department of
Housing and Urban Development for manufactured homes shall comply with the City
of Bad Axe Building Codes. Site plan
approval shall be required prior to construction of any on‑site building
within a manufactured home park, except for storage sheds or garages for
individual manufactured homes.
(3) Each manufactured home shall be
permitted one storage shed or garage not to exceed four hundred (400) square
feet in area. The installation of any
such shed or garage shall comply with codes and ordinances of the City of Bad
Axe and shall require a building permit.
Storage underneath a manufactured home or outside on any manufactured
home site is prohibited.
i. Open
space shall be provided in any manufactured home park containing eight (8) or
more units. The open space shall comply
with the following requirements:
(1) A minimum of three hundred (300) square
feet of well‑drained, usable open space shall be provided for each
manufactured home site.
(2) Open space shall be located conveniently
in relation to the majority of dwelling units intended to be served. Swamp areas, marshy areas, and similar
limited use areas shall not be included in the required open space.
j. Screening
(1) All manufactured home parks shall be
screened from existing adjacent residential land use by either a six (6) foot
wall or a densely planted landscaped greenbelt.
(2) Required screen walls shall be
constructed of masonry material that is constructed of face brick, decorative
block, or poured concrete with a simulated brick or stone pattern. Required walls shall be placed inside and
adjacent to the lot line except where underground utilities would interfere
with the placement of the wall or where the wall would unreasonably obstruct
the use of adjacent property, in which case the wall may be set back from the
property line a sufficient distance to resolve such concerns.
(3) If a landscaped greenbelt is used, it
shall consist of closely‑spaced evergreen plantings (i.e., no farther
than fifteen (15) feet apart) which can be reasonably expected to form a
complete visual barrier that is at least six (6) feet above ground level
within three (3) years of planting.
Deciduous plant materials may be used provided that visual screening is
maintained throughout the year.
k. Signs
(1) One permanent residential entranceway
sign shall be permitted at each entrance to the manufactured home park. Such signs shall not six (6) feet in height
and thirty‑two (32) square feet in area and shall be set back a minimum
of ten (10) feet from any property or right‑of‑way line.
(2) Management offices in the R-3
Manufactured Home Community District shall be permitted one (1) identification
sign not to exceed six (6) square feet in area.
l. If proposed, trash dumpsters
shall comply with the following requirements:
(1) Dumpsters shall be set back a minimum
distance of fifty (50) feet from the perimeter of the manufactured home park
and at least fifteen (15) feet from any building in a location that is clearly accessible
to the servicing vehicle.
(2) Dumpsters shall be screened on three
sides with a decorative masonry wall or wood fencing, not less than six (6)
feet in height. The fourth side of the
dumpster screening shall be equipped with an opaque lockable gate that is the
same height as the enclosure around the other three sides.
(3) Dumpsters shall be placed on a concrete
pad. Bollards (concrete filled metal
posts) shall be installed at the opening of the dumpster enclosure to prevent
damage to the screening wall or fence.
m. Canopies and awnings may
be attached to any manufactured homes and may be enclosed for use as a sunroom
or recreation room, but not as a bedroom.
Canopies and awnings shall comply with the setback and distance requirements
set forth in this Article and shall require a building permit.
n. No manufactured home shall be permitted
to be placed in a manufactured home park until a permit has been granted by the
Building Official and a license has been issued by the Michigan Department of
Commerce. No individual manufactured
home site shall be occupied until the required improvements, including
utilities and access roads which serve the site are in place and are
functioning. A Certificate of Occupancy
issued by the City of Bad Axe shall be required prior to use of any buildings
constructed on‑site.
o. The business of selling new or used
manufactured homes as a commercial operation in connection with the operation
of a manufactured home park shall be prohibited. New or used manufactured homes located on sites within the
manufactured home park to be used and occupied on that site may be sold by a
licensed dealer or broker. This section
shall not prohibit the sale of a used manufactured home by a resident of the
manufactured home park provided the park's regulations permit such sale.
ARTICLE VII. CBD CENTRAL BUSINESS DISTRICT
SECTION
700. STATEMENT OF PURPOSE
The
CBD Central Business District is designed and intended to preserve, promote the
continued vitality of a pedestrian oriented and accessible, central commercial
service district in which a variety of retail, commercial, office, civic and
residential uses are permitted. Each use shall be complementary to the stated
function and purpose of the district and shall not have adverse impact upon
adjacent street capacity and safety, utilities, and other city services.
The
CBD Central Business District is further designed and intended to:
1. Encourage innovative, traditional
commercial and mixed use developments that are consistent with the existing,
small town, character of the CBD.
2. Encourage a lively social environment
and economically viable downtown with a wide variety of uses in a pedestrian
oriented unified setting, with shared parking.
3. Extend greater opportunities for traditional
community living, working, housing and recreation to all citizens and residents
of the City.
4. Encourage a more efficient use of land
and of public services and to reflect changes in technology of land
development, by directing new development in a traditional pattern of mixed use
and varied commercial styles.
5. Reduce the excessive sprawl of
development and the segregation of land uses that cause unnecessary traffic
congestion.
6. Discourage the development of separate
off-street parking facilities for each individual use, and to encourage the
development of off-street parking facilities designed to accommodate the needs
of several individual uses.
7. Prohibit uses that do not deal directly
with consumers and are disruptive to pedestrian activities and have as their
principal function the sale and services of motor vehicles, such as automotive
service and repair stations, automotive fueling stations, automobile washes,
new and used motor vehicle sales or service establishments, drive-in restaurants,
restaurants with drive-through facilities.
8. Promote developments where the
physical, visual and spatial characteristics are established and reinforced
through the consistent use of compatible urban design and architectural design
elements. Such elements shall relate to the design characteristics of an
individual structure or development to other existing and planned structures or
developments in a harmonious manner, resulting in coherent overall development
patterns and streetscape for the downtown as well as surrounding areas.
9. Encourage the preservation and
enhancement of Bad Axe’s small town “Main Street” with mixed land uses and
shared parking, and continuous frontage that serves the commercial needs of the
immediate neighborhood, the City of Bad Axe and surrounding communities as a
whole.
SECTION 701. USES
PERMITTED BY RIGHT
In
the CBD Central Business District, no use shall be permitted, unless otherwise
provided in this Zoning Ordinance, except for the following:
1. Apartments, provided all public
utilities are available, all units shall have at least one (1) living room and
one (1) bedroom, except that five percent (5%) of the units may be of an
efficiency apartment type, and not more than twenty-five percent (25%) may be
of one bedroom units, or fifty percent (50%) in a mixed-use building.
Business and office uses may occupy a building used
for residential uses provided that no such business or office use may be
located on the same floor as used for residential purposes, and no floor may be
used for business or office use on a floor located above a floor used for
residential purposes. Further, where there is mixed business/office and
residential use in a building there shall be provided a separate, private
pedestrian entranceway for the residential use.
2. Art galleries.
3. Bus or railroad passenger stations.
4. Business schools and colleges.
5. Business establishments which perform
services on premises such as, but not limited to: banks, savings and loans and
credit unions (excluding drive-through branches); brokerage houses; insurance,
real estate, and travel agencies; pedestrian-oriented automated teller machine
facilities.
6. Churches, temples, and similar places
of worship, limited to a capacity of five-hundred (500) worshipers.
7. Clubs, fraternal organizations, and
lodge halls.
8. Dry
cleaning establishments, or pick-up stations, dealing directly with the
consumer. Central dry cleaning plants serving more than one (1) retail outlet
shall be prohibited.
9. Essential
services and public utility uses conducted within an enclosed building,
excluding storage yards, provided the use and building are consistent with the
appearance and character of the downtown as determined by the Planning
Commission and further subject to the following:
a. All buildings shall be harmonious in
appearance with the surrounding area and shall be similar in design and
appearance to any other buildings on the same site development.
b. Where
mechanical equipment is located in the open air, it shall be screened from the
surrounding area by an obscuring wall, fence, or planting area, and it shall be
fenced for safety. All buildings housing mechanical equipment shall be
landscaped and maintained to harmonize with the surrounding area.
10. Hotels, motels, and bed and breakfast
inns.
11. Laundromats (self-service or
coin-operated).
12. Medical offices including offices of
doctors, dentists and similar or allied professions, with up to ten-thousand
(10,000) square feet gross floor area.
13. Mixed-use buildings, with business,
commercial, or service uses on the ground floor, and residential, or office,
uses on upper floors.
14. Newspaper offices and publishers, and
commercial printers.
15. Nursery schools, day nurseries, and
child care centers, provided that:
a. There is provided and maintained a
minimum of one-hundred-fifty (150) square feet of indoor and/or outdoor play
area per child and provided that such total area shall not be less than
five-thousand (5,000) square feet. The Planning Commission may waive these
requirements if it determines there is adequate indoor play area, or if there
is a public park or playground within the immediate area which can be safely
accessed by those children attending such use.
b. Such use shall be fenced and screened
from any adjoining lot.
c. Adequate ingress and egress, and
parking and circulation, as determined by the Planning Commission, shall be
provided.
d. Such use shall not be located within
five-hundred (500) feet, or further if determined necessary by the Planning
Commission, from those uses the Planning Commission determines to be
incompatible or would present a danger to the health, safety and welfare to the
children attending such use.
16. Offices of an executive, administrative
or professional nature, with up to ten-thousand (10,000) square feet gross
floor area.
17. Off-street parking and loading
facilities in accordance with Section 1210, Parking, Storage and Loading
Spaces.
18. Outdoor cafes, outdoor eating areas,
carry-out, and open front restaurants, taverns (pubs) and brewpubs, subject to
the following site design standards:
a. A minimum of five (5) feet of sidewalk
along the curb and leading to the entrance to the establishment must be
maintained free of tables and other encumbrances. If the sidewalk is not wide
enough to allow for a five (5) foot wide clearance for circulation, the outdoor
café shall not be permitted. Planters, posts with ropes, or other removable
enclosures are required and must be used to define the area occupied by the outdoor
café.
b. Pedestrian circulation and access to
building entrances shall not be impaired. A boundary (maximum encroachment
width and length) into the public sidewalk shall be established with an
accessible aisle being maintained between this line and the curb, in accordance
with the provisions of all state and federal regulations.
c. The outdoor café must be kept clean,
litter-free, and with a well-kept appearance within and immediately adjacent to
the area of the tables and chairs. Additional outdoor waste receptacles may be
required. Written procedures for cleaning and waste containment and removal
responsibilities must be included with all applications and approved by the
Planning Commission.
d. Tables, chairs, planters, waste
receptacles, and other elements of street furniture shall be compatible with
the architectural character of the adjacent buildings. If table umbrellas will
be used, they shall compliment building colors. When not in use, all tables, chairs, umbrellas, and other
furniture and fixtures must be stored inside the building or elsewhere besides
the public sidewalk.
e. A sign must be posted stating “No food
or beverages allowed beyond the railing.”
Other additional signs are not permitted beyond those permitted for the
existing restaurant.
f. Such areas are permitted seasonally
between April 1 and October 31. The
hours of operation for the outdoor café shall be established and noted with the
application.
g. Such areas must include food service in addition to the sale and
service of alcoholic beverages.
h. Preparation of food and beverages may
be prohibited by the Planning Commission in the outdoor café.
