ARTICLE 4 ZONING DISTRICT REGULATIONS

Transcription

1 ARTICLE 4 ZONING DISTRICT REGULATIONS SECTION 4.01 AGRICULTURAL DISTRICT (AG-1) The intent of this district is to set aside land suitable for agricultural development and agricultural related uses. A. PERMITTED USES 1. Growing of field crops, fruits, and vegetables; raising or keeping of slaughter and feeder cattle, llamas, dairy cattle, horses, sheep, goats, laying chickens, broilers, turkeys, game birds, and rabbits, subject to provisions of Section 4.01D, following; growing of sod; field grown, container, and greenhouse herbaceous and woody nursery stock. 2. Sale of agricultural products raised or grown on the premises, including roadside stands for said sales. 3. Single-family detached dwellings. 4. On site signs only in accordance with the regulations in Article Essential services and structures of a nonindustrial character, but not including maintenance depots and warehouses. 6. Adult foster care family home (6 or fewer adults), foster family home (4 or fewer children 24 hours per day), foster family group home (5 to 6 children 24 hours per day), family day care home (6 or fewer children less than 24 hours per day), licensed by the Michigan Department of Social Services or its successor. 7. Accessory Buildings, structures, and uses, in accordance with Section B. SPECIAL USES 1. Golf courses. 2. Churches and other buildings for religious worship. 3. Cemeteries. 4. Animal hospitals. 5. Group day care homes, subject to the conditions in Section

2 4.01 (B) cont. AGRICULTURAL DISTRICT (AG-1) 6. Child care centers, subject to the conditions in Section Wireless communication facilities, provided the site is not located in an area that is designated for residential use in the adopted Comprehensive Plan, and subject to Section 3.17 herein. C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - Two (2) acres; 400 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 60 feet. b. SIDE YARD - 30 feet. c. REAR YARD - 60 feet. 3. MAXIMUM LOT COVERAGE 15%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO D. REQUIRED AGRICULTURAL PRACTICES 1. Raising or keeping of animals and fowl listed in 4.01A, preceding, shall be consistent with the "Generally Accepted Agricultural and Management Practices for the Care of Farm Animals", as promulgated by the Michigan Commission of Agriculture, November, 1995, as amended. 2. Raising or keeping of any farm animals, including fowl, that involves a housing or other roofed containment system as a substitute for free pasture or range land, shall be prohibited. 2. Raising or keeping of farm animals, including fowl, that 3. requires a manure treatment system in order for the operation to comply with "Generally Accepted Agricultural and Management Practices for Manure Management and Utilization", as promulgated by the Michigan Commission of Agriculture, June, 1996, as amended shall be prohibited. 4. Storage, handling, and land application of manure shall comply with the provisions of the document cited in D-3, preceding. 4-2

3 4.01 (D) cont. AGRICULTURAL DISTRICT (AG-1) 5. On-farm storage, mixing, loading, application, and disposal of pesticides, and disposal of pesticide containers, shall comply with "Generally Accepted Agricultural and Management Practices for Pesticide Utilization and Pest Control", as promulgated by the Michigan Commission of Agriculture, December, 1995, as amended. 6. On-farm storage and containment of fertilizers and land application of fertilizers, and soil conservation and irrigation management practices, shall comply with "Generally Accepted Agricultural and Management Practices for Nutrient Utilization", as promulgated by the Michigan Commission of Agriculture, May, 1995, as amended. 7. The maximum number of farm animals permitted shall not exceed one animal unit per one acre. The number of animal units shall be calculated using the following table of animal unit equivalents. (see diagram below) FORMULA: EAU x Acreage (5 Acre Minimum) = Number of animals permitted Animal/Poultry Species Equivalent Animal Unit (EAU) per Acre Animals Allowed Per 5 Acre Minimum Horses Mature Dairy Cattle Slaughter Cattle Sheep and Lambs Turkeys Ducks Chickens A minimum land area of five acres shall be required for raising or keeping of animals or poultry. 4-3

4 SECTION 4.02 RESIDENTIAL DISTRICTS The Single-Family Residential Districts, Two-Family Residential District, Mobile Home Residential District, Moderate Density Residential District and the Multiple- Family Residential District are designated principally for residential use and are limited to dwellings and uses normally associated with residential neighborhoods in order to encourage a suitable and healthy environment for family life. The residential districts are designed to regulate the location of residential uses and dwellings according to a well-considered plan which reflects the different types of residential uses and dwellings, the different densities of population, and the intensity of land use desired; potential nuisances and hazards which may cause unhealthy conditions; and the relationship of residential uses and dwellings to other areas devoted to agricultural, commercial, or industrial use and to streets. The purpose of each residential district is further stated below. 4-4

5 SECTION 4.03 SINGLE-FAMILY RESIDENTIAL DISTRICT - LOW DENSITY (RS-1) The Single Family Residential Districts are designated principally for residential use and are limited to dwellings and uses normally associated with residential neighborhoods in order to encourage a suitable and healthy environment for family life. This district is designed to provide residential areas principally for low densities where necessary urban services and facilities, including central sewerage and water supply systems, can be feasibly provided. A. PERMITTED USES 1. Single-family detached dwellings. 2. On-site signs, only in accordance with the regulations in Article Essential public services. 4. Accessory buildings, structures, and uses, in accordance with Section 3.10; keeping of backyard chickens, in accordance with Ordinance #172. (Amended by ord. no eff ). 5. Adult foster care family home (6 or fewer adults), foster family home (4 or fewer children 24 hours per day), foster family group home (5 to 6 children 24 hours per day), family day care home (6 or fewer children less than 24 hours per day), licensed by the Michigan Department of Social Services or its successor. 6. Home occupations (see Section 5.01). 7. Growing of field crops, fruits, and vegetables; raising or keeping of slaughter and feeder cattle, llamas, dairy cattle, horses, sheep, goats, laying chickens, boilers, turkeys, game birds, and rabbits, subject to provisions of Section 4.01D; growing of sod; field grown, container, and greenhouse herbaceous and woody nursery stock; provided the minimum lot area shall be 5 acres. 8. Sale of agricultural products, raised or grown on the lot, including roadside stands for said sales. 9. Public and Private Open Space. 4-5

6 4.03 Cont. SINGLE-FAMILY RESIDENTIAL (RS-1) B. SPECIAL USES 1. Country clubs, recreation centers, public swimming pools, parks, playgrounds, and playfields. 2. Churches and other buildings for religious worship. 3. Public and private elementary and secondary nonprofit schools. 4. Essential service structures of a non-industrial character. 5. Government or community-owned buildings. 6. Golf courses, but not including golf driving ranges and miniature golf courses. 7. Bed and breakfast operations in accordance with Section 5.10, herein. 8. Group day care homes (7 to 12 children less than 24 hours per day), subject to the conditions in Section Child care centers, subject to the conditions in Section C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - 10,000 square feet; 80 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 30 feet. b. SIDE YARD - 10 feet. c. REAR YARD - 30 feet. 3. MAXIMUM LOT COVERAGE 35%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO

7 SECTION 4.04 SINGLE-FAMILY RESIDENTIAL DISTRICT MODERATE DENSITY (RS-2) The Single Family Residential Districts are designated principally for residential use and are limited to dwellings and uses normally associated with residential neighborhoods in order to encourage a suitable and healthy environment for family life. This district is designed to provide moderate density single- family residential dwellings principally in older areas of the City which were developed on smaller lots and where necessary urban services and facilities can be feasibly provided, including central sanitary sewerage and central water systems. A. PERMITTED USES 1. Single-family detached dwellings. 2. On-site signs, only in accordance with the regulations in Article Essential public services. 4. Accessory buildings, structures, and uses, in accordance with Section 3.10; keeping of backyard chickens, in accordance with Ordinance #172. (Amended by ord. no eff ). 5. Adult foster care family home (6 or fewer adults), foster family home (4 or fewer children 24 hours per day), foster family group home (5 to 6 children 24 hours per day), family day care home (6 or fewer children less than 24 hours per day), licensed by the Michigan Department of Social Services or its successor. 6. Home occupations (see Section 5.01). 7. Growing of field crops, fruits, and vegetables; raising or keeping of slaughter and feeder cattle, llamas, dairy cattle, horses, sheep, goats, laying chickens, boilers, turkeys, game birds, and rabbits, subject to provisions of Section 4.01D; growing of sod; field grown, container, and greenhouse herbaceous and woody nursery stock; provided the minimum lot area shall be 5 acres. 8. Sale of agricultural products, raised or grown on the lot, including roadside stands for said sales. 9. Public and Private Open Space. 4-7

8 4.04 Cont. SINGLE-FAMILY RESIDENTIAL MODERATE DENSITY (RS-2) B.SPECIAL USES 1. Recreation centers, public swimming pools, parks, playgrounds, and playfields. 2. Churches and other buildings for religious worship. 3. Public and private elementary and secondary nonprofit schools. 4. Essential service structures of a non-industrial character. 5. Government or community-owned buildings. 6. Bed and breakfast operations in accordance with Section 5.10, herein. 7. Group day care homes, (7 to 12 children less than 24 hours per day) subject to the conditions of Section Child care centers, subject to the conditions of Section C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - 7,500 square feet; 60 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 20 feet. b. SIDE YARD - 5 and 10 feet. c. REAR YARD - 20 feet. 3. MAXIMUM LOT COVERAGE 35%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO

9 SECTION 4.05 TWO-FAMILY RESIDENTIAL DISTRICT (RS-3) This district is designed to provide moderate density single- family and two-family residential dwellings principally in older areas of the City which were developed on smaller lots and where necessary urban services and facilities can feasibly provided, including central sanitary sewerage and central water system. A. PERMITTED USES 1. Single-family detached dwellings. 2. Two-family dwellings. 3. On-site signs in accordance with regulations in Article Essential public services. 5. Accessory buildings uses or structures in accordance with section 3.10; keeping of backyard chickens, in accordance with Ordinance #172. (Amended by ord. no eff ). 6. Family day care homes, licensed by the Michigan Department of Social Services or its successor. 7. Public and private open space. B. SPECIAL USES 1. Public swimming pools, recreation centers, parks, playgrounds, and playfields. 2. Churches and other buildings for religious worship. 3. Public and private elementary and secondary nonprofit schools. 4. Essential service structures of a non-industrial character. 5. Government or community owned buildings. 6. Group day care homes,(7 to 12 children less than 24 hours per day)subject to the conditions of Section Child care centers, subject to the conditions of Section Bed and breakfast operations in accordance with Section 5.10, herein. 4-9

10 4.05 Cont. TWO-FAMILY RESIDENTIAL DISTRICT (RS-3) C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - 7,500 square feet; 60 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 20 feet. b. SIDE YARD - 5 feet one side yard; 10 feet other side yard. c. REAR YARD - 20 feet. 3. MAXIMUM LOT COVERAGE 35%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO

11 SECTION 4.06 MOBILE HOME RESIDENTIAL DISTRICT (MH-1) The purpose of this district is to provide for the development of Mobile home parks and to promote Mobile home parks with the character of residential neighborhoods. It is the intent of this ordinance that Mobile home parks be located in areas of the City that are served adequately by public facilities and services such as access streets, police and fire protection, and public water, sanitary sewer, and storm drainage facilities, and public recreation areas. A. PERMITTED USES 1. Mobile home dwelling units. 2. Lines and structures of essential services. 3. Family day care homes. B. SPECIAL USES 1. Churches and other buildings for religious worship. 2. Fire stations, police stations, government office buildings. 3. Public or private primary and secondary schools. 4. Group day care homes. 5. Child care centers. C. REGULATIONS AND STANDARDS 1. Lot Area - The minimum area of the lot that comprises the Mobile home park shall be 5 acres. The average area of Mobile home sites within the Mobile home park may not be less than 5,500 square feet per site. This 5,500 square feet for any one site may be reduced by no more than 20 percent, provided that the site area shall be at least 4,400 square feet. For each square foot of land area gained through the reduction of a site below 5,500 square feet, at least an equal area of land shall be designated as open space. In no case, however, shall the open space and distance requirements be less than those required under R , Rule 9465, and R and R , Rules 941 and 944 of the Michigan Administrative Code. 2. Height Regulations - Except as otherwise provided in Section 3.08, herein, no building or structure 4-11

12 4.06 (C) Cont. MOBILE HOME RESIDENTIAL DISTRICT (MH-1) shall exceed a height of 2 1/2 stories or 40 feet. 3. Planning and development regulations a. The business of selling new or used Mobile homes as a commercial operation in connection with the operation of a Mobile home park shall be prohibited. New or used Mobile homes located on site within a Mobile home park, to be used and occupied on that site, may be sold by a licensed dealer or broker. This section may not prohibit the sale of a used Mobile home by the owner of the Mobile home provided the park's regulations permit such a sale. b. The following minimum distances shall be provided and maintained from a Mobile home unit and shall be measured from the face, side, or back of the Mobile home unit. If the Mobile home has an attached or add-on structure, the applicable distances shall be measured from the face, side, or back of the attached or add-on structure feet between any part of an attached or detached Mobile home or attached structure of an adjacent Mobile home used for living purposes feet from an on-site parking space of an adjacent Mobile home site feet from an attached or detached structure or accessory of an adjacent Mobile home that is not used for living purposes feet from any permanent park-owned structures such as, community buildings, offices, maintenance and storage facilities and similar structures feet from the edge of an internal street feet from the right of way of a street dedicated to the public within the Mobile home park. 4-12

13 4.06 (C) Cont. MOBILE HOME RESIDENTIAL DISTRICT (MH-1) /2 feet from an off-site parking bay feet from a common sidewalk. c. The maximum height of accessory structures shall be 15 feet. The height of a storage building on a Mobile home site may not exceed the lesser of 12 feet or the height of the Mobile home. d. Parking requirements. 1. A minimum of two parking spaces shall be provided for each mobile home site. 2. Additional parking facilities shall be provided for park maintenance vehicles at the park office for visitors, and for general visitor parking, at the ratio of one parking space for each three mobile home sites at the park office. e. Streets 1. Vehicular access to a mobile home park shall be provided by at least one hard surfaced public street. 2. Only streets within the mobile park shall provide access to individual mobile home sites in the park. 3. 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 of the street, and 41 feet where parallel parking is permitted on both sides of the street. 4. The minimum width of a one-way street shall be 13 feet where no parallel parking is permitted, 23 feet where parallel parking permitted on one side of the street, and 33 feet where Water and sanitary sewer parallel parking is permitted on both sides of the street. 5. A dead-end street shall have an adequate turning area. 4-13

14 4.06 (C) Cont. MOBILE HOME RESIDENTIAL DISTRICT (MH-1) f. Services - Each mobile home unit and every building that has plumbing facilities within a mobile home park shall be connected to a City of Chelsea water line and sanitary sewer. g. Site constructed buildings - All buildings constructed on-site in a mobile home park shall be constructed in compliance with the Michigan State Construction Code. Any addition to a mobile home unit that is not certified as meeting the standards of the U.S. Department of Housing and Urban Development for mobile homes shall comply with the Michigan State Construction Code. Certificates and permits shall be required as provided in Article 11, herein. A final site plan shall be approved prior to construction of any principal structure, not including mobile home units, in accordance with Section 5.03 herein. h. Placement of a mobile home unit 1. It shall be unlawful to park a mobile home so that any part of the unit will obstruct a street or pedestrian way. 2. A building permit shall be issued before a mobile home may be placed on a site in a mobile home park. i. Site plan review - Construction of a mobile home park shall require prior approval of a site plan by the City of Chelsea Planning Commission. For purposes of this section only, a site plan shall contain the following information: 1. The site plan shall be of a scale not greater than one inch equals 20 feet, and of such accuracy that the Planning Commission can readily interpret the plan. 2. Scale, north arrow, name and date; date of revisions. 3. Name and address of property owner and applicant; interest of applicant in the property; name and address of developer. 4-14

15 4.06 (C) Cont. MOBILE HOME RESIDENTIAL DISTRICT (MH-1) 4. Name and address of designer. A site plan shall be prepared by a community planner, architect, landscape architect, engineer, or land surveyor registered in the State of Michigan. 5. A vicinity map; legal description of the property; lot line dimensions and bearings; area. A metes and bounds description shall be based on a boundary survey prepared by a registered surveyor. 6. Existing topography, existing natural features such as trees, wooded areas, streams, and wetlands; natural features to be retained or removed; 100 year flood hazard area. 7. Existing buildings, structures, and other improvements, including driveways, or underground and above ground utilities; easements; pipelines; excavations; ditches; bridges; culverts; existing improvements to be retained or removed; deed restrictions, if any. 8. Name and address of owners of adjacent properties; existing use and zoning of adjacent properties; location and outline of buildings, driveways, parking lots, and other improvements on adjacent properties. 9. Names and rights of way of existing street on or adjacent to the property; surface type and width; spot elevations of street surfaces at intersections with proposed streets in the proposed mobile home park. 10. Zoning of the subject property; location of required yards; total property area and dwelling unit density. 11. Phase lines, development data by phase. 12. Location and dimensions of proposed parking lots; number of spaces in each lot; dimensions of spaces and aisles; typical section of parking lot 4-15

16 4.06 (C) Cont. MOBILE HOME RESIDENTIAL DISTRICT (MH-1) surfaces. 13. Location, width, and surface of proposed sidewalks and pedestrian paths. 14. Location, use, size, and proposed improvements of open space and recreation areas. 15. Location and type of proposed screens and fences; height, typical elevations, and vertical sections, showing materials and dimensions. 16. Landscape plan showing type, location, and size of plant materials. j. Occupancy - A mobile home may not be occupied until a certificate of occupancy has been issued in accordance with Article 11 herein. A certificate of occupancy may not be issued until all required approvals have been obtained from county and state agencies. 4-16

17 SECTION 4.07 MODERATE DENSITY RESIDENTIAL ZONING DISTRICTS (RM-1) This district is designed to permit a moderate density of population and a moderate intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system and which abut or are adjacent to such other uses or amenities which support, complement, or serve such a density and intensity. The RM-1 Multiple Family Residential District is intended to be a moderate density residential district and allow multiple-family dwellings, along with other residentially related facilities which serve the residents in the district. This district may serve as a zone of transition between nonresidential districts and lower density single family and two family residential districts. A. PERMITTED USES 1. Multiple-family dwellings. 2. Two-family dwellings. 3. On-site signs in accordance with regulations in Article Essential services. 5. Accessory uses or structures in accordance with section 3.10; keeping of backyard chickens on a lot with a single family dwelling unit as its principal use, in accordance with Ordinance #172. (Amended by ord. no eff ). 6. Adult foster care family home (6 or fewer adults), foster family home (4 or fewer children 24 hours per day), foster family group home (5 to 6 children 24 hours per day) and family day care home (6 or fewer children less than 24 hours per day in single family detached dwelling only), licensed by the Michigan Department of Social Services or its successor. 7. Single family detached and attached dwellings. B. SPECIAL USES 1. Public swimming pools, recreation centers, parks, playgrounds, and playfields. 2. Churches and other buildings for religious worship. 4-17

18 4.07 (B) Cont. MODERATE DENSITY RESIDENTIAL DISTRICT (RM-1) 3. Public and private elementary and secondary nonprofit schools, and colleges and universities. 4. Essential service structures of a non-industrial character. 5. Boarding and rooming houses. 6. Government or community-owned buildings. 7. Funeral homes and mortuary establishments, not including crematoriums. 8. Adult foster care small group home (12 or fewer adults), adult foster care large group home (13 to 20 adults). There shall be provided 16,000 square feet of lot area for the first eight residents and 1,450 square feet for additional residents. Subject to the regulations in Section 5.06 herein. 9. Group day care home (7 to 12 children less than 24 hours per day), subject to the conditions in Section 5.11 herein. 10. Child care centers, subject to the conditions in Section 5.11 herein. 11. Bed and breakfast operations in accordance with Section 5.10 herein. C. REGULATIONS AND STANDARDS 1. LOT AREA AND WIDTH. a. Every lot or parcel occupied by a singlefamily dwelling shall contain an area of not less than 7,500 square feet. Every lot or parcel of land occupied by a two-family dwelling shall contain an area of not less than 12,000 square feet. Every lot or parcel of land occupied by a multiple-family dwelling structure which has three or more dwelling units shall contain an area of not less than 4,900 square feet per dwelling unit. There shall be provided a minimum lot or parcel width of not less than 60 feet for a single-family dwelling, 80 feet for a twofamily dwelling, and 400 feet for a multiple-family dwelling. In no case shall a 4-18

19 4.07 (C) Cont. MODERATE DENSITY RESIDENTIAL DISTRICT (RM-1) multiple-family dwelling be located on a parcel having less than 20,000 square feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 25 feet b. SIDE YARDS - 15 feet. c. REAR YARD - 25 feet. 3. MAXIMUM LOT COVERAGE 45%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO DISTANCE BETWEEN GROUPED BUILDINGS See section

20 SECTION 4.08 MULTIPLE-FAMILY RESIDENTIAL DISTRICT-HIGH DENSITY (RM-2) This district is designed to permit a high density of population and a high intensity of land use in those areas which are served by a central water supply system and a central sanitary sewerage system and which abut or are adjacent to such other uses or amenities which support, compliment, or serve such density and intensity. The RM-2 Multiple Family Residential District is intended to be a moderate to high density residential districts and allow multiple-family dwellings, along with other residentially related facilities which serve the residents in the district. This district will generally serve as zones of transition between nonresidential districts and lower density single family and two family residential districts. A. PERMITTED USES 1. Multiple-family dwellings. 2. Two-family dwellings. 3. On-site signs in accordance with regulations in Article Essential services. 5. Accessory uses or structures in accordance with section 3.10; keeping of backyard chickens on a lot with a single family dwelling unit as its principal use, in accordance with Ordinance #172. (Amended by ord. no eff ). 6. Adult foster care family home (6 or fewer adults),foster family home (4 or fewer children 24 hours per day), foster family group home (5 to 6 children 24 hours per day) and family day care home (6 or fewer children less than 24 hours per day in single family detached dwelling only), licensed by the Michigan Department of Social Services or its successor. 7. Single family detached and attached dwellings. B. SPECIAL USES 1. Public swimming pools, recreation centers, parks, playgrounds, and playfields. 2. Churches and other buildings for religious worship. 4-20

21 4.08 (B) Cont. MULTIPLE-FAMILY RESIDENTIAL (RM-2) 3. Public and private primary and secondary nonprofit schools, and colleges and universities. 4. Boarding and rooming houses, convalescent or nursing homes. 5. Essential service structures of a non-industrial character, but not including maintenance depots or warehouses. 6. Government or community-owned buildings. 7. Funeral homes and mortuary establishments not including crematoriums. 8. Adult foster care small group home (12 or fewer adults), adult foster care large group home (13 to 20 adults). There shall be provided 16,000 square feet of lot area for the first eight residents and 1,450 square feet for each additional resident. Subject to the conditions in Section 5.06 herein. 9. Group day care home (7 to 12 children less than 24 hours per day), subject to the conditions in Section 5.11 herein. 10. Child care centers subject to the regulations in Section 5.11 herein. 11. Bed and breakfast operations in accordance with Section 5.10, herein. C. REGULATIONS AND STANDARDS 1. LOT AREA AND WIDTH. a. Every lot or parcel occupied by a singlefamily dwelling shall contain an area of not less than 7,500 square feet. Every lot or parcel of land occupied by a two-family dwelling shall contain an area of not less than 10,000 square feet. Every lot or parcel of land occupied by a multiple-family dwelling structure which has three or more dwelling units shall contain an area of not less than 2,500 square feet per dwelling unit. There shall be provided a minimum lot width of not less than 60 feet for a single family dwelling, 80 feet for a two-family dwelling and 150 feet for a multiple-family 4-21

22 4.08 (C) Cont. MULTIPLE-FAMILY RESIDENTIAL (RM-2) dwelling. In no case shall a multiple family dwelling be located on a parcel having less than 15,000 square feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 25 feet. b. SIDE YARDS - 15 feet. c. REAR YARD - 25 feet. 3. MAXIMUM LOT COVERAGE 45%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO DISTANCE BETWEEN GROUPED BUILDINGS- See Section

23 SECTION 4.09 MUNICIPAL USE DISTRICT (MU-1) The Municipal Use District is designed to permit a use district within the City of Chelsea for lands, structures, and uses of municipal corporations so that the Zoning Ordinance may not limit or interfere with the dedication, development of use of any land or building for public parks, public playgrounds, public schools required for compulsory education; or the use of lands or buildings owned by the City of Chelsea and used for governmental purposes; or with the construction, installation, operation and maintenance of water, electricity, sewer, communication, gas, or other utility service when owned by the City of Chelsea. The intent of this District is that such public parks, playgrounds, schools, and City utilities maybe constructed without limitation except as set forth in this Section, including all pipes, mains, stand pipes, reservoirs, elevated water tanks, conduits, electric light, electric power transmission, distribution lines, telephone, communication, sewers, sewer mains, storm sewers, drainage and incidental appurtenances. This District is not intended to supersede or override any Federal, State, or local City of Chelsea Ordinance, regulation pertaining to construction, health, safety, welfare, environmental, building code, or similar regulation. A. PERMITTED USES, BUILDINGS, AND STRUCTURES 1. Public parks, public playgrounds, or public schools required for compulsory education. 2. Land or buildings owned by the City of Chelsea and used for governmental purposes. 3. Municipal utility structures, lands, or uses, as defined above, and used and owned by the City of Chelsea. 4. Utility structures not used and owned by the City of Chelsea are allowed as accessory uses to a permitted use, building, or structure. B. SPECIAL USES 1. Wireless communication facilities. C. REGULATIONS AND STANDARDS 1. LOT AREA AND WIDTH a. No minimum lot area or lot width is established in this District, but every lot established hereafter shall be of sufficient size to meet he minimum requirements established by any applicable Federal, State or local City of Chelsea Ordinance, statute, 4-23

24 4.09 (C) Cont. MUNICIPAL USE DISTRICT (MU-1) law, or regulation, if any. 2. MINIMUM REQUIRED YARD. a. FRONT YARD - 25 feet. b. SIDE YARDS - 15 feet. c. REAR YARD - 25 feet. 3. Buildings, structures, and uses permitted in this District shall be exempt from all supplementary regulations of this Ordinance except as specifically provided in this District. 4. There shall be no height regulation in this District. 5. Site plan review and compliance with parking/loading regulations shall be required for buildings and site improvements in this District. Neither site plan review nor compliance with any parking/loading regulations shall be required for any municipal utility structure and site improvements which are accessory to a municipal utility structure. 6. Yards may be used for fences, parking of equipment, vehicles, and storage of materials notwithstanding any other provision of this Ordinance. 7. Yards may be used for the installation of underground and above-ground pipes, lines, conduits, sewers, water lines, mains, poles, and utility structures generally. 4-24

25 SECTION 4.10 SINGLE-FAMILY RESIDENTIAL DISTRICT ANNEXATION (RS-A) This is a special district that is intended to be used only in residential areas that are annexed to the City, for which one or more of the other zoning districts in this ordinance are determined to be inappropriate, and which have all the following characteristics: Existing single-family dwellings or the area is designated for single-family residential use in the adopted Comprehensive Plan. Lots of record each of which are two acres or larger in area. Existing access by a public or private street that might not meet the standards for newly constructed streets. An operational well and septic tank/drainfield on each residential lot or lots that are approvable for wells and septic tanks/drainfields and for which the City would not require immediate connection to the public water and sanitary sewer systems. This district is not intended to be used in any other part of the City. A. PERMITTED USES 1. Same as RS-1. B. SPECIAL USES 1. Essential service structures of a non-industrial character. C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH 2 acres; 200 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD 50 feet. b. SIDE YARD 30 feet. c. REAR YARD 50 feet. 3. MAXIMUM LOT COVERAGE 15%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO

26 4.10 (C) Cont. SINGLE-FAMILY RESIDENTIAL ANNEXATION (RS-A) 6. The City Council may require that all lots in the district be connected to the public water and sanitary sewer systems at any time after these services are available in the district. D. FINDINGS In addition to the findings required of the Planning Commission in Section 13.06, herein, the Planning Commission shall also record its findings on the following: 1. Why one or more of the other zoning districts in this ordinance would not be appropriate for the annexed area. 2. The presence or absence of each of the characteristics listed in the intent section of this district in the annexed area. 4-26

27 SECTION 4.11 OFFICE DISTRICT (O-1) The Office District is designed principally for office use and those uses which are customarily associated with offices. A. PERMITTED USES 1. Medical and dental offices or clinics. 2. Medical and dental laboratories. 3. Studio for professional work. 4. Offices of architects, engineers, surveyors, community planners, and other professions of a similar nature. 5. Offices of executives, administrative, legal, accounting, insurance, real estate and uses of similar nature. 6. Essential services. 7. On-site signs in accordance with the regulations in Article Assessory buildings, structures, and uses in accordance with Section B. SPECIAL USES 1. Banks, savings and loans, credit unions and similar financial institutions including ones with drive-through teller window facilities or automatic teller drive-through lanes. Canopy materials shall be consistent with the principal building. The canopy shall be no higher than the principal building. 2. Banking centers including ATM s (automatic teller machines) and twenty-four-hour ready tellers which are separate from a financial institution. 3. Business services such as mailing, copying, data processing and computer centers. 4. Funeral homes and mortuary establishments but not including crematoriums. 5. Child care center, subject to the conditions of Section Small Animal Clinics. 4-27

28 4.11 (B) Cont. OFFICE DISTRICT (O-1) 7. Studios for art, photography, music, dance and similar uses. C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - 10,000 square feet; 80 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 30 feet. b. SIDE YARD - 10 feet. c. REAR YARD - 30 feet. 3. MAXIMUM LOT COVERAGE 20%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO

29 SECTION 4.12 COMMERCIAL DISTRICTS The Neighborhood Commercial District, General Commercial District, Restricted Commercial District, and Highway Commercial District are designed to permit compatible commercial enterprises at appropriate locations to encourage efficient traffic movement, parking, and utility service; advance public safety; and protect surrounding property. The commercial districts are designed to regulate the location of these business uses according to a well considered plan which determined the types of such uses and the intensity of land, street, and highway use in each such district; potential nuisances and hazards which may cause unsafe conditions; and the relationship of commercial uses to each other and to other areas devoted to agricultural, residential, or industrial use and to streets and highways. The purpose of each commercial district is further stated below. 4-29

30 SECTION 4.13 NEIGHBORHOOD COMMERCIAL DISTRICT (C-1) This district is designed to encourage planned and integrated groupings of stores that will retail convenience goods and provide personal services to meet regular and recurring needs of neighborhood residents. To these ends, certain uses, which would function more effectively in other districts and would interfere with the operation of these business activities and the purpose of this district, have been excluded. A. PERMITTED USES 1. Personal services, including barber shops and beauty salons; medical and dental offices or clinics; dry cleaners and self-service laundromats; and sale and repair shops for watches, shoes, radios, and televisions. 2. Business services including banks, loan offices, real estate offices, and insurance offices. 3. Offices of an executive, administrative, or professional nature. 4. Retail sale of food, drugs, hardware, notions, books, and similar convenience goods. 5. On-site signs, only in accordance with the regulations in Article Essential services and structures of a nonindustrial character. 7. Accessory uses and structures. 8. Outdoor sales & display pursuant to B. SPECIAL USES 1. Churches and other buildings for religious worship. 2. Government or community-owned buildings, but not including schools. 3. Child care centers, subject to the conditions in Section Banks, savings and loans, credit unions and similar financial institutions with drive-through facilities, provided that overhead canopies shall meet the setback regulations of this district. Canopy materials shall be consistent with the principal building. The canopy shall be no higher than the principal building. 4-30

31 4.13 (B) Cont. NEIGHBORHOOD COMMERCIAL DISTRICT (C-1) 5. ATM s (automatic teller machines) and twentyfour-hour ready tellers which are separate from a financial institution. C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - 10,000 square feet; 80 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 30 feet. b. SIDE YARDS - 10 feet. c. REAR YARD - 30 feet. d. Off-street parking shall be permitted to occupy a portion of the required front yard if a minimum landscaped setback of twenty (20) feet is provided between the off-street parking area and the street right-of-way line. e. Off-street parking shall be permitted in a required rear yard if a minimum ten (10)foot setback from the rear lot line is provided. 3. MAXIMUM LOT COVERAGE 20%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO

32 SECTION 4.14 GENERAL COMMERCIAL DISTRICT (C-2) This district is intended to encourage planned and integrated groupings of retail, service, and administrative establishments which will retail convenience and comparison goods and provide personal and professional services for the entire area and to accommodate commercial establishments which cannot be practically provided in a neighborhood commercial area. A. PERMITTED USES 1. Any use permitted in the Neighborhood Commercial District. 2. Business schools; including dance schools, music schools, and art schools. 3. Indoor retail sales establishments. 4. Indoor commercial amusements and recreation services, including theaters, bowling alleys, and roller and ice skating rinks. 5. Establishments serving food and/or alcoholic beverages, but not including drive-in types. 6. Clubs and lodges. 7. Funeral homes and mortuary establishments not including crematoriums. 8. Printing establishments. 9. Lumberyards, provided all outdoor storage areas are screened by a wall matching the principal building materials so that material stored is not visible from a public street. 10. On-site signs in accordance with the regulations in Article Accessory uses or structures. 12. Essential services and structures of a nonindustrial character. 13. Outdoor sales & display pursuant to B. SPECIAL USES 1. Automobile service stations. 2. Hotels and motels. 3. Small animal clinics. 4-32

33 4.14 Cont. GENERAL COMMERCIAL DISTRICT (C-2) 4. Drive-in business services, but not including eating and drinking establishments. 5. Churches and other buildings for religious worship. 6. Government or community-owned buildings, but not including schools. 7. Sale of new and used motor vehicles. 8. Child care center, subject to the conditions of Section Banks, savings and loans, credit unions and similar financial institutions with drive-through facilities, provided that overhead canopies shall meet the setback regulations of this district. Canopy materials shall be consistent with the principal building. The canopy shall be no higher than the principal building. 10. ATM s (automatic teller machines) and twentyfour-hour ready tellers which are separate from a financial institution. 11. Manufacturing of beverages when assessory to a bar, restaurant or lounge. C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - 10,000 square feet; 75 feet in width. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 20 feet. b. SIDE YARDS - 10 feet. c. REAR YARD - 20 feet. 3. MAXIMUM LOT COVERAGE 20%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO

34 SECTION 4.15 HIGHWAY SERVICE COMMERCIAL DISTRICT (C-3) This district is intended to provide for various commercial establishments offering accommodations, supplies and services to local as well as through automobile and truck traffic. These districts should be provided at locations along major thoroughfares or adjacent to the interchange ramps of a limited access highway and should encourage grouping of various facilities into centers and discourage dispersion of these activities. A. PERMITTED USES 1. Automobile service stations. 2. Sales, rentals, and services of motor vehicles, trailers, and boats. 3. Stores and shops for the retail sale of merchandise which is not mobile, constructed, or prepared on the premises,such as drug store, hardware, gift shop, dry goods, supermarkets, appliance, furniture and auto parts stores and uses of a similar nature. 4. Drive-in retail and service establishments, except drive-in theaters. 5. Motels and hotels. 6. Establishments serving food or alcoholic beverages. 7. Indoor and outdoor commercial amusements. 8. Offices such as business, professional, advertising, real estate, insurance, medical and dental offices or clinics, administrative and uses of a similar nature. 9. Banks and savings and loan associations. 10. Banquet, dance, lodge, and union halls, private clubs, and other similar places of assembly. 11. Personal services including barber shops and beauty salons. 12. Drycleaners and self service laundromats. 13. Business, vocational and technical training schools. 14. Fitness centers and health clubs. 4-34

35 4.15 Cont. HIGHWAY SERVICE COMMERCIAL DISTRICT (C-3) 15. Lumber yards,provided all outdoor storage areas are screened by a wall matching the principal building so that the materials stored are not visible from a public street. 16. Printing establishments. 17. Public and quasi-public institutional buildings, structures and uses. 18. Studios and schools for art, photography, music, dance and similar uses. 19. On-site and off-site signs, only in accordance with the regulations in Article Essential services and structures of a nonindustrial character. 21. Accessory uses or structures. 22. Outdoor sales & display pursuant to (Amended Ord eff ) B. SPECIAL USES 1. Automobile repair garages. 2. Drive-in theaters. 3. Car wash subject to the standards in Section Child Care Centers. C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - 15,000 square feet; 100 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 35 feet. b. SIDE YARDS - 20 feet. c. REAR YARD - 35 feet. 3. MAXIMUM LOT COVERAGE 35%. 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO

36 SECTION 4.16 RESTRICTED COMMERCIAL DISTRICT (C-4) The purpose of this district is to maintain the M-52 corridor as an attractive, safe, and uncluttered entrance to the City, and to provide for those commercial and office uses which are suitable for the area. Those commercial activities which are permitted in the Highway Service Commercial District and are oriented primarily to serving the motoring public are not permitted in this district. Consolidations of commercial and office activities are encouraged with the intent of avoiding strip commercial development, lessening traffic congestion by reducing the number of commercial driveways and improving the safety and convenience of consumers. Yard, lot width, and other regulations of this district are designed to implement the intent and purpose of this district. A. PERMITTED USES 1. Offices such as business, professional, advertising, real estate, insurance, medical and dental offices or clinics, administrative and uses of a similar nature. 2. Banks and savings and loan associations, but not drive-in types. 3. Stores and shops for the retail sale of merchandise which is not mobile, constructed, or prepared on the premises, such as drug store, hardware, gift shop, dry goods, supermarkets, appliance and furniture stores and uses of a similar nature. 4. Establishments serving food and/or alcoholic beverages but not including drive-in types. 5. Indoor commercial amusements and recreation services, including theaters, bowling alleys, and uses of a similar nature. 6. On-site signs in accordance with the regulations in Article Essential service structures of a non-industrial character. 8. Banquet, dance, lodge, and union halls, private clubs, and other similar places of assembly. 9. Personal services including barber shops and beauty salons. 10. Drycleaners and self service laundromats. 4-36

37 4.16 (A) Cont. RESTRICTED COMMERCIAL (C-4) 11. Business, vocational and technical training schools. 12. Fitness centers and health clubs. 13. Lumber yards, provided all outdoor storage areas are screened by a wall matching the principal building so that the materials stored are not visible from a public street. 14. Printing establishments. 15. Public and quasi-public institutional buildings, structures and uses. 16. Studios and schools for art, photography, music, dance and similar uses. 17. Accessory structures. B. SPECIAL USES 1. Automobile sales and services. Outdoor display of new and used automobiles may be permitted in the required front yard if all the following conditions are met. a. The display area is setback at least 25 feet from the front property line. b. The 25 foot wide or wider setback area is planted and maintained in grass or other landscaping material. c. The display area has an appearance of a parking lot. d. Moving or portable signs are prohibited. e. Elevated display shall be prohibited. Outdoor display of new and used automobiles shall not be permitted in any other required yard. 2. Drive-up windows for financial institutions; ATM s (automatic teller machines) and twentyfour-hour ready tellers which are separate from a financial institution. 3. Car wash, but not including fuel dispensing, subject to the standards in Section 5.20, herein. 4. Small animal clinics. 4-37

38 4.16 (B) Cont. RESTRICTED COMMERCIAL (C-4) 5. Manufacturing of beverages when accessory to a bar, restaurant, or a lounge. 6. Drive through windows for pharmacy/drugstores. 7. Sales, rentals and services of recreational vehicles. Display of recreational vehicles shall comply with the regulations in section 4.16 B(1) proceeding.(amended by ord. no eff ). 8. Overnight boarding and day care kennels serving domestic pets, such as cats and dogs, for limited periods of time, provided boarding and care is within a building and outdoor exercise is within a fence or otherwise enclosed area and is supervised may be permitted if all the following are met. a. Supervised outdoor exercise area shall be provided and configured such that impacts to surrounding properties are minimized. b. Indoor kennel facilities shall be in compliance with the minimum standards outlined in the USDA Animal Welfare Act (Part 3 - Standards). c. Indoor kennel facilities shall obtain a Kennel License from the Washtenaw County Treasurer s Office and a Washtenaw County Sheriff s Department Inspection Certificate prior to the issuance of a Certificate of Occupancy. The Washtenaw County Kennel License must be applied for annually and failure to obtain the annual license shall be considered a violation of the Special Use Permit and provisions in Section 8.14 of this ordinance would apply. e. The Planning Commission may establish additional conditions as necessary. (Amended by ord. no eff ) 4-38

39 4.16 (C) Cont. RESTRICTED COMMERCIAL (C-4) 9. Collision repair of cars and light trucks, subject to the following conditions. a. The repair facility shall be owned and operated by a Michigan franchise dealer for the sale of new and used cars and light trucks. b. The repair operation shall be incidental and accessory to such sales. c. Vehicles awaiting repair and all parts and equipment awaiting pick-up for disposal shall be located in an area that is screened from public view. d. The repair facility shall be operated in a manner that is compliant with all applicable State and Federal Laws and regulations. e. All fluids that leak from stored vehicles or parts shall be contained and disposed of in a manner that is compliant with all applicable State and Federal laws and regulations. (Amended by ord. no eff ) C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH 20,000 square feet; 100 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD 50 feet. b. SIDE YARDS 20 feet. Every lot or parcel shall be provided with side yards neither of which shall be less than twenty (20) feet. c. REAR YARD 35 feet. Double frontage lots which shall meet the requirements of a front yard for each street frontage. 3. MAXIMUM LOT COVERAGE 35%. 4-39

40 4.16 (C) Cont. RESTRICTED COMMERCIAL (C-4) 4. MAXIMUM FLOOR AREA RATIO MAXIMUM IMPERVIOUS AREA RATIO 75%. 7. OUTDOOR STORAGE Outdoor storage, display and sale of materials, machinery and merchandise is prohibited in this district except for new and used automobiles and truck(s) for sale when part of an automobile sales and service facility and except outdoor display and sales, as permitted in Section 5.13 herein. 4-40

41 SECTION 4.17 CENTRAL BUSINESS DISTRICT (C-5) This district is intended to be used in that area of the City which has been designated as the Central Business District in the City's adopted Comprehensive plan where municipal parking facilities are available within reasonable walking distances. The C-5 Central Business District is intended to provide for a traditional mixture of small office buildings, specialty retail stores, entertainment, public spaces and related activities that are mutually supporting and serve the needs of the City and surrounding communities. The districts regulations are designed to encourage a lively social environment and economically viable downtown with a wide variety of uses, including residences in upper floors, in a pedestrian oriented setting, with common parking. A. PERMITTED USES 1. Any use permitted in the Neighborhood Commercial District. 2. Business schools; including dance schools, music schools, and art schools. 3. Indoor retail sales establishments. 4. Establishments serving food and/or alcoholic beverages, but not including drive-in types or drive-up windows. 5. Clubs and lodges. 6. Photography studios. 7. Banquet, dance, lodge, and union halls private clubs, and other similar places of assembly. 8. On-site signs in accordance with the regulations in Article Accessory uses or structures, including seasonal outdoor displays and sales subject to section Essential services and structures of a nonindustrial character. B. SPECIAL USES 1. Retail sales in which both a workshop and a retail outlet or showroom are required such as plumbing, electrician, interior decorating, dressmaking, tailoring, upholstering, home appliance and similar establishments of similar 4-41

42 4.17 Cont. CENTRAL BUSINESS DISTRICT (C-5) character subject to the provision that not more than 50 percent of the total useable floor area of the establishment shall be used for servicing, repairing, or processing activities. 2. Hotels. 3. Drive-up windows for financial institutions when said use does not create any traffic or safety problems. ATM s (automatic teller machines) and twenty-four-hour ready tellers which are separate from a financial institution are permitted. 4. Churches and other buildings for religious worship. 5. Automobile service stations, subject to the following: a. The curb cuts for ingress and egress may not be permitted at such location that will tend to create traffic hazards in the streets immediately adjacent thereto. Such curb cuts shall be no less than 25 feet from a street intersection (measured from the right-of-way). b. There shall be provided, on those sides abutting a residential district, a completely obscuring wall. 6. Showroom and sales of new automobiles and the display and sale of used cars when in conjunction with a showroom and sales of new units thereof; and repair of same when in conjunction with a showroom and sales of new units thereof. 7. Funeral homes and mortuary establishments not including crematoriums. 8. Theaters. 9. Printing establishments. 10. Residences above the ground floor. 11. Child care centers, subject to the conditions of Section Parks. 13. Manufacturing of beverages when accessory to a bar, restaurant or lounge. 4-42

43 4.17 Cont. CENTRAL BUSINESS DISTRICT (C-5) 14. Manufacturing of beverages when it is in combination with a permitted use such as indoor retail sales, an establishment serving alcoholic beverages (tasting room) or a place of assembly (special event space). The amount of floor space allowed to be used by the manufacturing activities will be determined on a permit by permit basis depending on the size and nature of the building. (Amended by ord. no eff ) C. REGULATIONS AND STANDARDS 1. No minimum lot size or front, side, or rear yards are required in this district provided Section 7.10, Off-Street Loading and Unloading Requirements is complied with. 2. Uses in this district shall be exempt from the provisions of Section 7.01 Off-Street Parking Requirements, if said use is located within 500 feet of municipal parking facilities. The distance shall be measured in a straight line from the center of a municipal parking lot to the nearest building line of said use. 3. Off-street loading and unloading facilities shall be provided in accordance with Section 7.10, Off- Street Loading and Unloading Requirements. 4-43

44 SECTION 4.18 MEDICAL CENTER DISTRICT (MC) A. PURPOSE 1. To permit a mixture of uses and facilities that are necessary to serve a hospital and medical center. 2. To permit a medical center to develop in phases and in a planned manner according to an overall development (master) plan for the center. 3. To provide all facilities and services that are necessary for the health and convenience of patients, their families and visitors, and all employees in the center. 4. To encourage provision of open space and to protect and preserve natural features by incorporating these into the development plan of the center. 5. To encourage flexibility and efficiency in the use of land and public services and facilities. 6. To create a campus type environment for the center. 7. To protect existing and future uses in the vicinity of this district from spillover effects that might be created by uses in this district. B. LOCATION A Medical Center District shall be located in an area in the City that is identified in the Comprehensive Plan as suitable and desirable for medical services and offices. A petition for a Medical Center District in any other location shall either follow or proceed simultaneously with an amendment to the City's Comprehensive Plan, or shall be determined by the Planning Commission to be compatible with that plan. C. PERMITTED USES Uses in an MC district shall be limited to those listed on the area plan of the approved petition. No other uses shall be permitted unless the approved petition is amended as provided herein. Uses in an MC district shall be selected from the following list: 1. Hospitals, in-patient and out-patient. 2. Convalescent and nursing type facilities. 4-44

45 4.18 (C) Cont. MEDICAL CENTER DISTRICT (MC) 3. Professional offices and clinics of physicians, dentists, psychiatrists, psychologists, chiropractors, optometrists, osteopaths, and similar or allied professions including outpatient services. 4. Medical and dental laboratories. 5. Pharmacy sales; sales of medical equipment and supplies. 6. Newsstands, gift shops, and flower shops, if part of a hospital or other principal building and strictly incidental thereto. 7. Dwelling units. 8. Dormitory type living units for medial center personnel. 9. Recreation facilities, health fitness and rehabilitation centers, indoor and outdoor for employees, patients, and visitors. 10. Child care facilities. 11. Conference, seminar, and training facilities related to the medical center's operations. 12. Research facilities. 13. Helicopter landing pads, ambulance stations, and related facilities for medical center purposes only. 14. Radio and television transmitting and receiving facilities. 15. Operations and related buildings and structures required to maintain the grounds of the center or to maintain and support permitted buildings, structures, and uses, such as maintenance shops, power plants, and storage buildings. 16. Community Outreach Programs dedicated to the health and well being of the community involving limited seasonal retail. D. DENSITY REGULATIONS 1. The lot coverage of all buildings and structures in a MC district may not exceed 25 percent of the 4-45

46 4.18 Cont. MEDICAL CENTER DISTRICT (MC) lot area in the district. 2. The floor area ratio of all buildings and structures in the MC district shall not exceed of the lot area in the district. E. MINIMUM LOT AREA There shall be no minimum lot area for an MC district, provided that the Planning Commission shall find that the lot area for a proposed medical center is reasonable for the proposed development. F. REQUIRED YARDS 1. A yard at least 30 feet shall be provided on any frontage on a public street. 2. A yard at least 20 feet wide shall be provided on the perimeter of an MC district that does not front on a public street. 3. A yard at least 20 feet wide shall be provided between any parking area of 5 or more spaces and any residential building in the district. 4. All required yards shall be landscaped and regularly and properly maintained. 5. The required yards shall apply to all buildings, uses, and structures, parking areas, and service areas. G. DISTANCE BETWEEN BUILDINGS 1. A single-family dwelling unit shall be located at least 10 feet from any other single-family dwelling unit unless structurally attached thereto. 2. A dwelling unit shall be located at least 35 feet from any non-residential building in the district. 3. Distances between buildings shall be sufficient to meet fire protection requirements. H. HEIGHT REGULATIONS There shall be no height limitations in an MC district provided that any buildings or structures that exceed a height of 2 1/2 stories or 40 feet shall be approved by the City Council, as part of its approval of an MC district 4-46

47 4.18 Cont. MEDICAL CENTER DISTRICT (MC) petition, upon recommendation of the Planning Commission. Approval shall be based on findings regarding light exposure, air circulation, views, and recommendations from the City Fire Chief regarding fire protection and safety. I. SIGN REGULATIONS Signs shall be regulated as provided in Article 6, herein, except for the following regulations. 1. Each building in the center may have one identification sign not exceeding 12 square feet in area. 2. One directory sign is permitted at each entrance to the center at a public street. The sign shall be located at least 20 feet from the public street right of way and shall have a maximum area of 24 square feet. 3. One identification sign for the center shall be permitted at each entrance to the center at a public street. The sign shall be located at least 20 feet from the public street right of way and shall have a maximum area of 24 feet. Each identification sign shall be ground mounted. J. STANDARDS, REGULATIONS AND PROCEDURES As set forth in Article 15 herein. 4-47

48 SECTION 4.19 C-6 CENTRAL BUSINESS DISTRICT MIXED USE CBD-MU (C-6) This district is a special zoning district that is intended to encourage and permit redevelopment in the Central Business District, the downtown that will promote the following objectives. 1. Ensure the economic viability of the downtown through a diversified mixture of complementary commercial, office, residential and civic uses. 2. Preserve the historic, small-town character of the downtown. 3. Maintain and strengthen the sense of place which currently exists in the downtown area. 4. Ensure that renovation of historic buildings in the downtown retains the existing historical and architectural integrity as referenced in the comprehensive plan. 5. Ensure new infill development is compatible with the downtown s historic architecture, scale, proportion and character. 6. Strengthen the spatial and architectural character between the existing downtown area and the underdeveloped land immediately north of the established downtown area through the provision of traditional storefronts, gathering areas, streetscape elements and building forms consistent with the current downtown. 7. Ensure proper land use transitions and design treatment between the downtown district and the surrounding residential neighborhoods. A. LOCATION The CBD-MU district shall be located in the area that is designated in the comprehensive plan for central business district uses. B. PERMITTED USES 1. Any use permitted in Section 4.13A C-1 Neighborhood Commercial District. 2. Any use permitted in Section 4.14A, C-2 General Commercial District. 4-48

49 4.19 (B) Cont. COMMERCIAL BUISNESS DISTRICT (C-6) 3. Any use permitted in Section 4.17A, C-5 Central Business District. 4. Storage or warehouse space and light duty distribution centers related to another existing permitted use in the district. 5. Outdoor events including retail sales and entertainment. 6. Community and governmental service centers and organizations including event centers. 7. Outdoor dining. 8. Dwelling units. 9. Indoor amusements but excluding video or arcade games, pool & billiards except in conjunction with establishments serving food and alcoholic beverages. 10. Businesses that contain business offices, factory floor/warehouse space and retail sales space provided the factory/warehouse floor is related to the retail. C. SPECIAL USES 1. Manufacturing of beverages when accessory to a bar, restaurant or lounge. 2. Churches and other buildings for religious worship. (Amended by ord. no eff ) D. DENSITY REGULATIONS 1. Maximum Lot Coverage 60%. 2. Maximum Floor Area Ratio E. MINIMUM LOT AREA 1. 5 Acres. 4-49

50 4.19 Cont. COMMERCIAL BUISNESS DISTRICT (C-6) F. MAXIMUM HEIGHT 1. Three floors or 45 feet. G. REGULATIONS AND STANDARDS 1. Front, side, or rear yards shall not be required in this district except where this district abuts land in a residential zoning district. In this situation, a building or structure shall be setback at least one foot from the residential zoning district line for each foot of building height. The setback area shall be landscaped with trees and shrubs to create an effective screen for the adjacent residential district. 2. Uses in this district shall be exempt from the provisions of Section 7.01 Off-Street Parking Requirements, if said use is located within 500 feet of municipal parking facilities. The distance shall be measured in a straight line from the center of a municipal parking lot to the nearest building line of said use. Any Dwelling units in this district will require one parking space per unit on site. 3. Off-street loading and unloading facilities shall be provided in accordance with Section 7.10, Off- Street Loading and Unloading Requirements. 4. A surface parking lot shall be setback at least 20 feet from a residential zoning district line. The setback area shall be landscaped with trees and shrubs to create an effective screen for the adjacent residential district. 5. A preliminary site plan shall be submitted with a petition to rezone property to this district. The City Council shall approve the preliminary site plan at the same time the Council approves the rezoning petition. Development of the property shall be consistent with the approved preliminary site plan. Final site plans shall be processed as provided in Article 9, herein. 4-50

51 4.19 Cont. COMMERCIAL BUISNESS DISTRICT (C-6) 6. Property in this district shall be developed as a general condominium. The master deed, by-laws, and Exhibit B drawings shall be submitted with the rezoning petition. Exhibit B drawings shall be consistent with the preliminary site plan. H. DESIGN STANDARDS 1. The commercial design standards, section 5.14 shall apply to this district. I. SIGNS All businesses within this district shall comply with all the sign regulations in the C-5 district with the following additions or exceptions: 1. A monument sign may be located at primary entrances to the complex. Signs shall include the complexes name and may include the names of businesses that exceed both 25,000 square feet and represent more than 10% of the total complex size. Each sign shall not exceed seventy-five (75) square feet in the area of M-52; forty (40) square feet on any other road frontage; fifteen (15) feet in height on M-52; ten (10) feet in height on any other road frontage; and shall be set back at least five (5) feet from the lot line. 2. Each business with multiple elevations will be permitted to install a sign on each elevation even if that elevation does not include frontage on a public street, based on square footage calculation per the C-5 zoning district standards applied to individual elevations. A business may not use unused square footage from one elevation for another and all signs must be placed upon frontage occupied by that business. 3. Each business that maintains an individual street address and entrance shall be permitted to install a double sided perpendicular sign with a max area of 10 square feet, provided that it is in compliance with all other signage ordinance requirements related to materials and placement. The square footage of any perpendicular sign will 4-51

52 4.19 (I) Cont. COMMERCIAL BUISNESS DISTRICT (C-6) be deducted from that business total permitted signage. 4. Way-finding signage shall be subject only to the following regulations provided it is in the form of information kiosk, building identification, building or freestanding tenant directories, street names and directional signage. With the exception of kiosk and tenant directories, wayfinding signage shall not include any business that does not exceed 10,000 square feet or 10% of the complex. a. Tenant directories shall be limited to 25 square feet per building elevation and not more than 3 per building. b. Building identification signage will be limited to 50 square feet per elevation and not more than 3 signs per building. c. Freestanding kiosk will be limited to 25 square feet, doubled-sided signs and 10 feet in height. d. Street names and directional signage will be limited to 3 square feet. (Amended by Ord. No eff ) 4-52

53 SECTION RESERVED FOR FUTURE USE 4-53

54 SECTION 4.22 GENERAL INDUSTRIAL DISTRICT (I-1) This district is designed to provide suitable space for industrial operations of all types that can comply with all provisions of this Ordinance and can assure protection of the public interest and surrounding property and persons. A. PERMITTED USES 1. All industrial uses not in conflict with any enacted state or local laws or any provision of this Ordinance which meet the requirements of Section 5.05 except junkyards and sanitary landfills. 2. On-site and off-site signs only in accordance with the regulations in Article Essential services and structures. B. SPECIAL USES 1. Bulk oil storage. 2. Municipally-operated recreational facilities. 3. Wireless communication facilities. 4. Retail sales of items that are the same as the items sold at wholesale on the premises, or are related by use or design to such wholesale items, provided that the total amount of retail sales shall not exceed twenty-five (25) percent of the annual wholesale sales on the premises. Retail sales shall be strictly incidental to wholesale sales. C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH One (1) Acre; 150 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 35 feet. b. SIDE YARDS - 25 feet. c. REAR YARD - 35 feet. d. No yard is required along that portion of a lot that abuts a railroad. (Amended by ord. no eff ) 4-54

55 4.22 (C) Cont. GENERAL INDUSTRIAL DISTRICT (I-1) 3. TRANSITION STRIPS. a. A use, building, or structure on any lot in an industrial district that abuts a lot in any residential or commercial district shall provide a transition strip at least 50 feet wide, the inner 20 feet of which may be used for parking. b. Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and may not be used for parking, loading, or unloading, storage, or accessory buildings and structures. 4-55

56 SECTION 4.23 LIGHT INDUSTRIAL DISTRICT (I-2) This district is composed of those areas of the City where the principal use is or should be light manufacturing and other limited industrial uses. These uses generate a minimum of noise, glare, odor, dust, vibration, air and water pollutants, fire, explosive and radioactive hazards, and other harmful or obnoxious matter. A. PERMITTED USES 1. Research oriented and light industrial park uses. 2. The manufacturing, compounding, process or treatment of such products as bakery goods, candy, cosmetic, dairy products, food products, drugs, perfumes, pharmaceutical toiletries, and frozen food lockers. 3. Assembly of merchandise such as electrical appliances, electronic or precision instruments, and articles of similar nature. 4. Packaging of previously prepared materials, but not including the bailing of discards, old iron or other metal, wood, lumber, glass, paper rags, cloth or other similar materials. 5. Printing, lithographic, blueprinting and similar uses. 6. Light manufacturing industrial use which, by the nature of the materials, equipment, and processes utilized, are to a considerable extent clean, quiet, and free from any objectionable or dangerous nuisance or hazard. The uses may include any of the following goods or materials: drugs; jewelry; musical instruments; sporting goods; glass products; small household appliances; electronic products; printed matter; baked and dairy products; advertising displays; tents and awnings; brushes and brooms; cameras and photographic equipment and supplies; wearing apparel; leather products and luggage but not including tanning; products from such finished materials as plastic, bone, cork, feathers, felt, fiber, paper, glass, hair, horn, rubber, shell, or yarn. 7. Research and testing facilities. 8. Body and paint shops for automobiles and other vehicles. 9. Essential services and structures. 4-56

57 4.23 (A) Cont. LIGHT INDUSTRIAL DISTRICT (I-2) 10. On-site and off-site signs in accordance with regulations in Article 6. B. SPECIAL USES 1. Restaurants and cafeteria facilities for employees. 2. Open air display areas for the sale of mobile products such as or similar to garden furniture, earthenware, hardware items, and nursery stock; rental of mobile products or equipment, such as household equipment, small tools, pneumatic-tired two and four-wheeled utility trailers, pneumatictired cement mixers, wheelbarrows, rollers and similar products or equipment. Uses shall not be permitted in the required front yard. 3. Warehousing and material distribution centers and contractors' establishments provided all products, material, and equipment are stored within an enclosed building. 4. Building supply, including lumber yards. 5. Vehicle repair shop. 6. Municipally-operated recreational facilities. 7. Child care center. 8. Wireless communication facilities. 9. Retail sales of items that are the same as the items sold at wholesale on the premises, or are related by use or design to such wholesale items, provided that the total amount of retail sales shall not exceed twenty-five (25) percent of the annual wholesale sales on the premises. Retail sales shall be strictly incidental to wholesale sales. C. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED LOT AREA AND WIDTH - 10,000 square feet; 100 feet. 2. MINIMUM REQUIRED YARDS. a. FRONT YARD - 25 feet. b. SIDE YARDS - 10 feet, except as provided in subsection 2d and e, following. 4-57

58 4.23 (C) Cont. LIGHT INDUSTRIAL DISTRICT (I-2) c. REAR YARD - 25 feet, except as provided in subsection 2d and e, following. d. Where a lot abuts a railroad, there shall be no required yard setbacks on that portion of the lot. e. There are no side or rear yard requirements for uses other than buildings or structures, where such use abuts an interior side or rear lot line of an adjacent parcel zoned for industrial use. (Amended by ord. no eff ) 3. TRANSITION STRIPS. a. A use, building, or structure on any lot in any industrial district that abuts a lot in any residential or commercial district shall provide a transition strip at least 50 feet wide, the inner 20 feet of which may be used for parking. b. Except for landscape improvements and necessary drives and walks, the front yard shall remain clear and may not be used for parking, loading, or unloading, storage, or accessory buildings and structures. 4-58

59 SECTION RESERVED FOR FUTURE USE 4-59

60 SECTION 4.32 PLANNED UNIT DEVELOPMENT ZONING DISTRICT (PUD) A. PURPOSE 1. Provide flexibility in regulation of land development. 2. Provide for a compatible mixing of uses. 3. Encourage innovation in site planning and development, especially in housing. 4. Encourage variety in the type and design of housing and to improve the quality or residential environment. 5. Provide commercial, educational, and recreational facilities conveniently located in relation to housing. 6. Conserve natural features and encourage provision of open space. B. LOCATION A PUD district shall be located in areas of the City that are designated in the comprehensive plan as suitable and desirable for such development. An application for a PUD district in any other location shall either follow or proceed simultaneously with an amendment to the comprehensive Plan or shall be determined by the Planning Commission to be compatible with that plan. C. PERMITTED USES 1. Uses permitted in a PUD district shall be consistent and compatible with the policies of the comprehensive Plan. 2. All use of land and buildings in a PUD district shall be limited to those listed on the area plan of the approved PUD district. No other uses shall be permitted unless the approved district is amended as provided in Article 15, herein. Uses and structures accessory to the listed uses shall be permitted. No other uses shall be permitted. D. DENSITY REGULATIONS 1. The maximum permitted residential density shall not exceed the density for the land included in the PUD as designated in the comprehensive plan. In the case of a single-family residential PUD, or a single-family residential part of a PUD, the Planning Commission may require, or the 4-60

61 4.32 (D) Cont. PLANNED UNIT DEVELOPMENT (PUD) petitioner may offer, a parallel plan for the purpose of assisting the Planning Commission in determining the number of lots/units that will be permitted. The parallel plan shall show lots/units, streets, stormwater detention areas, open space and natural features to be preserved. Each lot/unit in the plan shall comply with all regulations of the RS-1 or RS-2 district that would apply, based on the comprehensive plan, in lieu of the PUD district. The parallel plan shall meet all applicable standards of the City s Land Development Standards. The parallel plan shall be advisory only, for the purpose stated above. Neither the Planning Commission nor City Council shall be obligated to accept the number of lots/units or the layout shown in the parallel plan. 2. The maximum lot coverage (LC) shall not exceed (20) percent. The lot coverage (LC) may be increased to not more than 25% for properties that are identified in the Master Plan as redevelopment sites, provided the Planning Commission finds that the increase will promote urban infill and redevelopment and mixed uses, if compatible with the Master Plan. (Amended by ord. no eff ) 3. The maximum floor area ratio may not exceed E. MINIMUM LOT AREA There shall be no minimum lot area for PUD district, provided that the Planning Commission shall find that the lot area for a proposed PUD is reasonable for the proposed development. F. MIXING OF USES 1. A residential area may contain one or more types of dwelling units, provided that the combination of dwelling unit types will not interfere with orderly and reasonable platting of the area, if the area is to be platted. 2. Home occupations shall be permitted only in single family detached dwelling units. 4-61

62 4.32 Cont. PLANNED UNIT DEVELOPMENT (PUD) G. REQUIRED YARDS 1. A yard at least 50 feet wide shall be provided on the perimeter of the PUD district that fronts on a public street. Parking lots and driveways may not be permitted in the yard except that driveways may cross the yard. 2. A yard at least 20 feet wide shall be provided on the perimeter of a PUD district that does not front on a public street. The yard shall be designed and landscaped as a buffer strip. Parking lots and driveways may not be permitted in the yard except that driveways may cross the yard. 3. A yard at least 35 feet wide shall be provided along the right of way of a major public collector street within the PUD. A yard at least 50 feet wide shall be provided along the right of way of a major arterial street within the PUD. 4. A landscaped yard at least 10 feet wide shall be provided between a parking lot of five or more spaces and a property line within the PUD, and 20 feet from a perimeter property line of the PUD except where adjacent to a public street right of way, in which case the preceding yard requirements shall apply. The preceding yard requirements may be reduced or waived by the City Council as part of its approval of a PUD district, after recommendation by the Planning Commission. The reduction or waiver shall be justified by the applicant and shall be based on findings that existing or proposed site conditions will perform the same functions as the required yards. The reduction or waiver shall be clearly shown on the area plan. Required yards shall be landscaped and regularly maintained by the property owner, tenant, or organization responsible for maintaining common areas. H. DISTANCE BETWEEN BUILDINGS 1. A single-family dwelling structure shall be located at least 10 feet from any other singlefamily dwelling structure, unless structurally attached thereto. 2. The location of buildings and uses and the distances between buildings shall be clearly 4-62

63 4.32 Cont. PLANNED UNIT DEVELOPMENT (PUD) shown on the area plan and shall control the development and continued use of the property. I. HEIGHT REGULATIONS There shall be no height limitations in a PUD district provided that any buildings or structures that exceed a height of 2 ½ stories or 40 feet shall be approved by the City Council, as part of its approval of a PUD district, after recommendation by the Planning Commission. Approval shall be based on findings regarding light exposure, air circulation, views, and recommendations from the City Fire Chief regarding fire protection and safety. J. SIGN REGULATIONS Signs shall be regulated as provided in Article 6, herein. K. STANDARDS, REGULATIONS, AND PROCEDURES As set forth in Article 15, herein. 4-63

64 4.33 RESERVED FOR FUTURE USE 4-64

65 SECTION 4.34 PLANNED EVENTS DISTRICT (PED) A. PURPOSE This district is intended to apply only to the Chelsea fairground property and only during the time the property is owned and operated by the Chelsea Community Fair. B. PERMITTED USES 1. Annual agricultural fair. 2. Shows and markets, such as arts and crafts, antiques, collectors, home, flower and garden. 3. Flea markets. 4. Antiques or classic automobile shows, limited to display events only; performance events shall not be permitted. 5. Livestock and animal shows and sales. 6. Auctions other than livestock. 7. Carnivals, circuses. 8. Bicycle marathons. 9. Fireworks displays. 10. Winter storage of boats and recreation vehicles, limited to the period of November 1 through March 31 of each season, provided such storage is located within buildings or structures with roofs. 11. Community recreation facilities and activities. C. SPECIAL USES 1. Wireless communication facilities. D. PERMITTED ACCESSORY USES 1. Parking. 2. Overnight camping. E. LOT AND YARD REGULATIONS 1. Minimum required lot area/width 50 acres; 600 feet. 4-65

66 4.34 Cont. PLANNED EVENTS (PED) 2. Minimum required yards: Front 60 feet. Side, interior 30 feet. Side, abutting street 60 feet. Rear 60 feet. 3. Maximum lot coverage 10 percent. 4. Transition strip A transition strip shall be provided along each boundary line of the PE district that abuts land zoned for residential use. The required strip shall be at least 25 feet wide and shall be landscaped in a manner sufficient to function as a screen/buffer between properties. The transition strip shall be provided in addition to the minimum required yards. F. SITE PLAN REQUIREMENTS 1. A final site plan will be required as part of the petition to rezone the fairground property to the PE district. The final site plan shall be reviewed by the Planning commission for comments and recommendation to the City Council, and shall be a part of the zoning district as approved by the City Council. 2. The final site plan shall comply with all provisions of Article 9 except that the Planning Commission will recommend action on the plan as part of the Council s action on the petition. G. PARKING 1. Parking shall be permitted only in designated areas on the site, in accordance with parking areas identified on the approved final site plan. 2. Parking lot surfaces shall be compacted crushed gravel or limestone and shall be maintained in a dust free condition. Overflow parking may be permitted on grass areas, provided such areas are regularly maintained to preserve turf integrity and to prevent soil erosion. 4-66

67 4.34 (G) Cont. PLANNED EVENTS (PED) H. MAJOR AND MINOR EVENTS 1. Any event in the list of permitted uses that the property owner can reasonably expect to have a daily attendance of 500 or more people shall be considered a major event. All other permitted uses shall be minor events. 2. The property owner shall submit an annual schedule of proposed major events to the City Council by January 1 of each year. The Council shall approve the schedule by March 31 of that year. The Council shall publicly announce consideration of the schedule at least two weeks prior to the meeting at which it will take action thereon. The annual schedule may be amended by application to and approval by the Council. A request for amendment shall be made at least 30 days prior to the proposed event. No major event may be permitted unless it is included on the approved annual schedule or the amended version thereof. I. GENERAL REGULATIONS The following regulations shall be administered through the Office of the City Manager. 1. Uses shall be permitted only in the locations shown on the approved final site plan. 2. For each major event, the property owner shall submit a plan for the orderly flow of vehicular traffic to and from the site and a parking plan to the Chelsea Police for approval, at least 30 days prior to the beginning of the event. The parking plan shall comply with all applicable provisions of the zoning ordinance. The property owner shall reimburse the City for additional expenses incurred by the Police Department in providing traffic control services for the event. 3. For each major event, the property owner shall work out a fire protection plan with the Chelsea Fire Chief at least 30 days prior to the beginning of the event. The property owner shall reimburse the City for additional expenses incurred by the fire department in providing services for the event. 4. For each major event, a plan for ambulance service with an emergency communications system, and adequate access to and within the site for emergency vehicles shall be submitted to the Chelsea Fire Chief for approval. 4-67

68 4.34 (I) Cont. PLANNED EVENTS (PED) 5. For each major event, the property owner shall submit a plan to provide adequate security protection of people and property on the site and nearby area to the Chelsea Police Chief for approval at least 30 days prior to the event. 6. Portable toilets may be used but only if provided by a licensed contractor. The toilets shall meet the standards of the County Health Department. The property owner shall file with the City Clerk copies of permits, licenses, or other certifications by the County Health Department authorizing and approving such facilities. Portable toilets may remain on the site only during the time of the event they are intended to serve, and not more than three additional days before and three additional days after the event. The property owner shall be responsible for portable toilets. 7. Food services shall be limited to the food service building and to vendors licensed by the County Health Department. Food services shall comply with all regulations of the County Health Department. 8. Garbage and trash shall be stored in approved, covered, insect tight containers, at the rate of one 30 gallon container per 50 people. Garbage and trash shall be removed at least once each day for major events. 9. Animal waste and water used for washing of animals shall be collected and removed at least once each day. 10. Telephone service shall be provided for general use at the rate of one unit for at least each 1,000 people in attendance or fraction thereof. 11. Sound producing equipment such as, but not limited to, public address systems and radios, which causes a median sound level of 67 A weighted decibels or 85 A weighted decibels for a duration of 10 seconds or more at any boundary of the district may not be operated within the district. 12. The property owner shall procure and maintain for each event season a policy of public liability insurance in an amount not less than $3,000,000 for injuries, including accidental death to any 4-68

69 4.34 (I) Cont. PLANNED EVENTS (PED) one person, and in an amount not less than $1,000,000 for accident and property damage. 13. The property owner shall be responsible for clearing trash and litter resulting from an event from the site, adjoining properties (with the owners approval), public streets, and parking areas. Such clearing shall be made at least once each day during an event and immediately after the event. 14. The City Council may revoke the right to hold an event for failure, neglect, or refusal to comply with any provision of this article or with any plan approved under this article, upon due notice, written charges, and public hearing thereon. 15. All applicable City ordinances shall be enforced on the property during each event. The property owner shall sign as agreement with the City providing that the property is open to the public before the City Council approves the final site plan required in Section F, preceding. J. SIGNS Signs shall be permitted as provided in Article

70 SECTION 4.35 PLANNED MIXED USE DISTRICT (PMU) This district is intended to be used on the east side of M52, south of Old US12, in the area designated in the adopted comprehensive plan, as amended, as the transition zone. This district is intended to implement the policies expressed in the adopted plan for the transition zone. The district is also intended to encourage a cluster of a variety of uses that can take advantage of the location on M52 and the adjacent County Park. This district is also intended to prohibit large single buildings such as supermarkets, appliance and furniture stores, home improvement centers, and shopping centers. A. PERMITTED USES The following uses shall be permitted in this district but only after the location and size of each use is approved by the Planning Commission as part of a final site plan, in accordance with the provisions of this Section and Article 9 herein. 1. Dwelling units. 2. Offices, such as business, professional, advertising, real estate, insurance, medical and dental offices or clinics, and administrative offices. 3. Banks and savings and loan associations, but not including drive-up window services. 4. Commercial sales and services such as drug stores, hardware stores, gift shops, clothing and dry goods stores, food stores, antiques shops, barber shops, and beauty salons; laundry and dry cleaning establishments, but not including driveup window services. 5. Restaurants and other establishments serving food and/or beverages, including outdoor eating or drinking areas, but not including drive-up window services; banquet facilities; entertainment that is accessory to food and beverage services. 6. Music and dance studios, art galleries and studios, business schools. 7. Onsite signs in accordance with section 4.35C-6 and Article 6, provided that, in case of any conflict between provisions of Section 4.35C-6 and Article 6, the provisions of Section 4.35C-6 shall apply. 8. Child care centers. 4-70

71 4.35 Cont. PLANNED MIXED USE DISTRICT (PMU) 9. Outdoor sales and display pursuant to 5.13 B. REGULATIONS AND STANDARDS 1. MINIMUM REQUIRED YARDS. a. Front 110 feet from the centerline of M52 right of way. b. Side 20 feet. c. Rear 35 feet. 2. MINIMUM LOT width 200 feet. 3. MINIMUM LOT AREA 100,000 square feet. 4. MAXIMUM LOT COVERAGE 25%. 5. MAXIMUM FLOOR AREA RATIO SIGNS Signs shall be permitted in accordance with Article 6, herein, except as provided in this section. In case of conflict, the provisions of this section shall control. a. Free standing (pole) signs shall be prohibited in this district. b. One ground sign shall be permitted for each driveway opening on M52. Ground signs shall have a minimum setback of 80 feet from the centerline of the right of way of M52. A ground sign shall be a sign that is mounted on the ground at its base and is not more than four feet high, measured to the top edge of sign structure. The area of each ground sign shall not exceed 48 square feet. C. One directory sign shall be permitted for each driveway opening on M52. Each sign shall be located to provide direction to people within the development; it shall not be located to be viewed from M52. d. One wall sign shall be permitted for each business (tenant). Each wall sign may have not more than one square foot for each lineal foot of building frontage occupied by the business, and shall not exceed 50 square feet in area. 4-71

72 4.35 Cont. PLANNED MIXED USE DISTRICT (PMU) C OFF-STREET PARKING Parking shall be provided in accordance with Article 7, herein, except that no parking or other pavement except driveways that provide access to the site shall be permitted in the required front yard. Parking spaces, driveways, and other pavement shall not be permitted less than 10 feet from a side or rear lot line. D. DRIVEWAY OPENINGS ON M52 Not more than one driveway may be permitted for each lot of record existing at the time of adoption of the amendment, except a lot of record with 4000 feet or more of frontage on M52 may have two driveways, if approved as part of a preliminary site plan. E. OUTDOOR DISPLAY OR STORAGE Such display or storage shall be permitted in this district. F. SITE PLAN REVIEW Site plans shall be reviewed and approved in accordance with Article 9, herein, except as provided in this section. The preliminary and final site plans shall contain information in addition to that required in Article 9 that the Planning Commission determines is necessary to enable the Commission to review the plans in relation to the standards in this Section and Article 9. A preliminary site plan shall be submitted for all property in this district. Final site plans may be submitted for each phase of development. Preliminary and final site plans may not be combined. The nature, location, and size of each use shall be shown on each plan. G. STANDARDS FOR SITE PLAN REVIEW the following standards shall apply, in addition to those in Article The architecture of proposed buildings and site landscaping should be compatible with the existing office buildings on neighboring lots. 2. The design of the site should take advantage of County Park and should provide views into the park. 3. Open space, which may include plazas and squares, should be provided in the site design and should relate to the open space in the County Park. 4. Buildings should have shingled roofs only; flat roofs should be discouraged. Exterior finishes of buildings should consist of wood, aluminum or vinyl siding, stone or brick veneer or a 4-72

73 4.35 (G) Cont. PLANNED MIXED USE DISTRICT (PMU) combination of these materials. Mirror glass or similar reflective surfaces shall not be permitted on the exterior of buildings in this district. 5. One or more clusters of detached, small buildings combined into a unified whole by architectural and site design and by location of outdoor spaces, should be encouraged. One large building, as in a strip shopping center design, is not consistent with the intent of this district and should be prohibited. 6. All signs in the district should be consistent with each other, in terms of design and materials, and with the design and materials of buildings in the district. 7. All pavement should be edged with concrete curbs. 8. Loading areas should be located and screened to be hidden from view from M52 and adjacent properties. 9. Outdoor trash storage should be enclosed by structures finished with materials that match or are compatible with the exterior finish materials of buildings in this district, and should be located where they will not be visible from M52 or adjacent properties. Trash enclosures that are integrated into the building architecture are encouraged. 9. Parking lots should be divided into small units, with bays not exceeding 15 spaces in length. Clusters of bays should be separated by landscape islands or medians. Parking lots should be designed to have a pedestrian scale and to create a pedestrian friendly environment. 10. Outdoor lights should not exceed 20 feet in height. Lights should be directed away from M52 and adjacent properties. The luminaries or reflectors from overhead lighting should not be visible from offsite. 12. Final site plans shall provide for construction of sidewalks along the M52 frontage. All parts of the district should be interconnected with sidewalks or pedestrian paths and the M52 sidewalk. 4-73

74 SECTION 4.36 GATEWAY OVERLAY ZONING DISTRICT This district that intended to provide specific design elements to ensure that development or redevelopment creates a significant sense of arrival at key entrances to the historical City, as identified by the Planning Commission or in the City Comprehensive Plan. The primary goal is to encourage a pattern of development that fosters the traditional small-town character and identifies the edge of the traditional urban core and the surrounding, more conventional development. It is further the intent of these regulations to ensure that design and construction of buildings and site features will tend to protect property values and enhance the vitality of the City s various business districts. A. APPLICABILITY - This overlay zoning district shall apply in addition to the regulations and standards of the underlying zoning district and all other applicable regulations of the Zoning Ordinance. In the event of conflicting regulations, the standards of the overlay district shall govern. The boundaries of the overlay zones and corresponding underlying zoning are identified on the Official City Zoning Map. B. USES PERMITTED - All uses allowed in the underlying zoning shall be allowed within the overlay zoning, subject to the approval standards and applicable conditions of such use, and the standards of this overlay zoning district, except that any building with accessory drive-through use shall also require special use approval in accordance with Article 8 of the Zoning Ordinance. The additional review and standards are required based on a finding that in certain locations additional traffic and visual impacts of such uses could be inconsistent with the intent of this overlay district. C. AREA AND BULK REQUIREMENTS 1. All sites shall comply with the lot area, setbacks, lot coverage, and other dimensional standards required by the underlying zoning district, and all other applicable zoning standards, except where specifically regulated in this Section. 2. The Planning Commission may reduce the front yard setback to not less than ten (10) feet on sites where all of the following conditions will exist: parking is provided behind the front line of the building, a facade of the building that faces the street provides a prominent pedestrian entrance, the intersection sight distance requirements of 4-74

75 4.36 (C) Cont. GATEWAY OVERLAY DISTRICT Section 3.13 are met, and there is sufficient right-of-way to accommodate any road improvements needed to accommodate traffic conditions once the use is established. 3. All non-residential buildings shall be setback at least thirty (30) feet from a residential zoning district boundary or publicly owned land. D. SITE PLAN REVIEW - Site plans shall be reviewed and approved in accordance with the standards of this Section and Article 9, herein. E. BUILDING DESIGN 1. Materials - minimum of sixty (60) percent of the exterior finish material of all building facades visible from the public street, parking lot or adjacent residentially zoned land, exclusive of window areas, shall consist of the following: brick, cut stone, field stone, cast stone, or dimensional wood with an opaque stain. The Planning Commission may permit other materials for facades that are not visible from a public street or parking lot and are adequately screened from adjoining land uses. Exterior Insulation and Finishing Systems (EIFS) materials shall not account for the primary building material. The remaining maximum forty (40) percent of the facade may utilize other materials for architectural detailing such as fiberglass reinforced concrete, polymer plastic (fypon) or EIFS or other materials consistent with the intent of the Commercial Design Standards, Section 5.14A. 2. Colors - Information on building colors shall be submitted with the site plan and considered to be part of any site plan approval. 3. Roofs - Roof design and materials are considered to be key elements to the City character, and thus shall be consistent with the intent of this district. As a part of building design, roofs shall be designed in keeping with the overall architecture of the building. 4. Building Height Buildings should be two stories or have the appearance of two stories with decorative cornices, in keeping with the traditional commercial architecture of the City. Single story buildings should be designed with pitched roofs. 4-75

76 4.36 (E) Cont. GATEWAY OVERLAY DISTRICT a. The Planning Commission may require that single story buildings have a pitched roof with slopes of at least 7:12 and asphalt, fiberglass, tile, slate or cedar shingles. Asphalt shingles shall be heavily textured with colors that are compatible with the building architecture. Standing metal seam roof systems may be permitted as an accent material provided the color is subtle and compatible with the specified shingle material and exterior building materials. b. Two-story buildings or buildings designed to have the appearance of a two story building may have a flat roof when a decorative cornice is provided. Flat roofs shall be enclosed by parapets at least forty-two (42) inches high, or higher if required to screen roof-top mechanical equipment. 5. Fenestration a. Windows and doors shall comprise at least fifty (50) percent of the first floor front facade of a building containing a commercial use. b. The glazed area of a facade above the first floor shall not exceed thirty five (35) percent of the total facade area of that floor. Windows above the first floor shall be vertical in proportion. Large windows shall be broken-up to maintain a vertical proportion. c. Window areas shall be non-reflective glass and clear or a lightly tinted color. Double hung or fixed windows shall be used in all retail applications. Sliding windows and doors shall not be permitted. 6. Front Facade - Blank walls shall not face a public street. Walls facing a public street shall include windows and architectural features customarily found on the front facade of a building, such as awnings, cornice work, edge detailing or other decorative finish materials. A usable public building entrance shall be provided at the front of the building. Wall massing shall be broken up with vertical pilasters or other architectural elements to reduce scale. 4-76

77 4.36 (E) Cont. GATEWAY OVERLAY DISTRICT 7. Awnings - Facades may be supplemented by awnings which shall be straight sheds. Awnings shall not be cubed or curved except over doorways. Awnings shall be of an opaque material; translucent or internally lit awnings shall not be permitted. 8. Pedestrian Orientation - Buildings shall be designed at a pedestrian scale with relationship to the street and sidewalk. Buildings shall include windows that face the sidewalk and street. Convenient and safe pedestrian access shall be provided between the public sidewalk and the building entrance. 9. Neon - Exposed neon shall not be permitted on a building, except where permitted by the sign ordinance. F. SITE DESIGN 1. Pedestrian Plaza - Public space, in the form of a landscaped plaza or other similar design feature, shall be provided at the corner of the lot facing the intersection or at the beginning of the Gateway District for mid-block locations. The plaza shall include site amenities such as benches or seating areas, decorative waste receptacles, bike racks and similar features to serve existing and anticipated pedestrian and bicycle traffic. 2. Sidewalks - Sidewalks shall be provided along all public street frontages and up to the entrance of the building, with curb ramps provided at all crosswalk locations. Sidewalks shall be constructed of concrete, brick pavers or other decorative techniques approved by the City. Where separated from the road curb, sidewalks shall be a minimum of five (5) feet wide. Where immediately adjacent to the road curb or a parking lot, sidewalks shall be a minimum of seven (7) feet wide. 3. Street Wall - Street walls shall be provided to screen views of off-street parking lots and provide buffers between the site and public streets. Segments of front lot lines, not occupied by a building wall or hedge, shall have a street wall or architectural feature. Street walls shall be a minimum two and one-half (2½) feet in height and constructed of brick with a limestone or decorative stone cap. The street wall shall be constructed along the front lot 4-77

78 4.36 (F) Cont. GATEWAY OVERLAY DISTRICT line, provided the Planning Commission may allow the street wall to be setback from the front lot line to provide for landscaping and comply with clear sight distance requirements at intersections. The Planning Commission may permit a portion of the street wall to be black wrought iron fence with stone or brick columns. Street walls shall be compatible with any existing or approved street walls on adjacent lots or across the street. Openings in the street wall may be permitted for vehicular, and pedestrian access to the site, and where open space or landscape plazas are provided. 4. Site Lighting - Ornamental lighting of a style that is consistent with street lighting in the downtown business district shall be provided within the pedestrian areas along the street and adjacent to the building. The Planning Commission may permit a complementary parking lot light fixture provided such fixtures have downward directed sharp cut-off fixtures and have a maximum pole height of twenty (20) feet and a maximum base height of two (2) feet. 5. Detention/Retention Ponds - Detention/retention ponds shall not be permitted in the front yard unless the Planning Commission determines no other alternative is feasible. 6. Loading Areas and Drive-Through Facilities - All garage doors, drive-through windows, loading or service areas, or waste receptacles shall be located in the rear yard of the lot and screened from view of any public street, adjacent residential zoning district or public property. The screening shall consist of a wall to match the building, landscaping or a combination, as appropriate. 7. Landscaping - The landscaping and screening requirements of Section 5.12 shall be met. G. SIGNS - Only the following signs shall be permitted in the Gateway overlay zoning district, all of which shall be consistent with the building and the site design and meet the requirements of Article 6, herein: 1. One (1) monument sign may be permitted, provided the base of the sign is masonry to match the site s street wall, if present. The Planning Commission may modify the setback requirements for a monument sign where it is integrally 4-78

79 4.36 (G) Cont. GATEWAY OVERLAY DISTRICT Designed with a pedestrian plaza or a street wall. 2. One (1) wall sign may be permitted, provided buildings located on a corner lot may divide the total permitted sign area into two signs facing both frontages. 3. Window signs shall be permitted. 4. One (1) pedestrian, projecting, blade or shingle sign shall be allowed per use, when attached to a building, perpendicular to the facade. 5. One (1) awning sign shall be allowed per building, provided the letters are stenciled to the vertical drip of the awning and do not exceed eight (8) inches in height. 6. Signs shall not be internally lit. Signs may be externally lit with ornamental fixtures or backlighting. H. EXPANSIONS TO EXISTING SITES - Buildings and sites existing prior to the effective date of adoption of this district and which do not comply with all regulations of this District may be expanded or improved in accordance with Section 10.08, herein. 4-79

80 4-80

81 SECTION 4.37 M-52 CORRIDOR PROTECTION AND PROMOTION A. INTENT, PURPOSE AND APPLICATION 1. Intent and Purpose It is the intent of this section to recognize that the M-52 Corridor district as established in this section as an overlay district is a unique focal point for the City of Chelsea, including (without limitation): a. Exceptional and irreplaceable buildings, structures and historic resources that are sensitive to adverse impact and require protection; b. Pedestrian ways that are heavily utilized by school children, senior citizens and others; c. Destination places which service as centers for culture, arts, farm market, shopping, restaurants, and other uses, all being the basis for current and potential future quality of life, economic development, and placemaking; d. A major thoroughfare with only two lanes that serves as the major corridor for the provision of public safety service for Chelsea and the surrounding area, and is utilized for school bus transportation and high volume traffic that is subject to congestion, including automobile, truck, motorcycle, and bicycle traffic; e. Numerous street, drive, pedestrian way, and rail intersections, all situated on or impacted by sloping topography that exacerbates traffic safety issues; and f. A primary basis for the City's character as a vibrant and quaint historic village which includes 61 properties in the downtown business district listed on the U.S. Interior Department's National Register of Historic Places. 4-81

82 SECTION 4.37 (A) Cont. INTENT, PURPOSE AND APPLICATION Consequently, it is the further intent of this Section to protect and promote the M-52 Corridor district, and to require careful scrutiny of the types of activities regulated in order to assure the needed protection of people, places, and resources as identified above. 2. District Creation and Application of this Section a. Creation of District The M-52 Corridor district is hereby created as an overlay district within the City of Chelsea. The boundaries and inclusions of the district are as defined in subsection B, Definitions, below. b. The provisions of this Section shall be deemed to have been adopted under the authority for zoning ordinances granted in the Michigan Zoning Enabling Act, MCL , et seq., as well as the authority for regulatory ordinances granted in the City Charter. c. Application of Section This section shall apply, and require application, review and approval, when any of the following are proposed: 1. Required Approval for Extraction Vehicle Operation within the M-52 Corridor District. This regulation is not an attempt to deny M-52 access to particular vehicles, but to provide standards and process for the review of a haul route proposed as part of an application seeking approval for a natural resource extraction operation on land situated outside the City of Chelsea consistent with MCL (3), et seq. Regulation of Extractive 4-82

83 SECTION 4.37 (A) Cont. INTENT, PURPOSE AND APPLICATION B. DEFINITIONS Vehicle Operations is deemed to be an integral part of the review of the proposed extractive operation land use, and a special program to achieve the specific land management, problem solving objective of protecting and promoting the M-52 Corridor district including, among other things, the land uses, persons, structures, resources, schools, economic development, property values, traffic and pedestrian safety, and public interest within the M-52 Corridor district. The authority for regulation under this subsection includes, but is not limited to, the Michigan Constitution, Art. 7, 29, and applicable law including MCL (3), and MCL Required Approval for Excessive Oversize-Load Vehicle Use within the M- 52 Corridor district. This regulation is intended to recognize the need to maintain a functional level of service for traffic within the M-52 Corridor district in order to, among other reason, promote and maintain use and reasonable access for schools, economic development, property values, traffic and pedestrian safety and other purposes. 3. (Reserved for other uses.) 1. M-52 shall mean State Highway M-52 within the City of Chelsea. 2. M-52 Corridor district shall mean and include an overlay district consisting of the area of land within M-52, the properties fronting on M-52, and the streets, roads, pedestrian ways, drives, and rail intersections adjoining and accessing M-52, from the northerly border of the City to the southerly border of the City. 4-83

84 SECTION 4.37 (B) Cont. DEFINITIONS 3. Heavy Motor Vehicle shall mean a truck pulling a trailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling two semitrailers, that have a total combined weight of at least 80,000 pounds fully loaded. 4. Oversize-Load Vehicle shall mean a vehicle carrying a load that exceeds design limits for a transport vehicle, legal rights-of-way or public roadway, including, without limitation, a load consisting of construction vehicles (cranes, front loaders, backhoes), logging materials, pre-built homes, bridge beams, generators, windmill propellers, industrial equipment, or other loads having similar characteristics in terms of impact. 5. Excessive Oversize-Load Vehicle Use shall mean the use of an Oversize-Load Vehicle by a single user (including all employees and agents of one company) within the M-52 Corridor district that is either (1) planned to occur more than six times during any day, or (2) planned to occur more than three times on any day each week during any three consecutive weeks. This definition shall not include the use of an Oversize-Load Vehicle making a bona fide delivery to a destination within the City. 6. Extraction Vehicle Operation shall mean a business operation that includes twelve (12) or more Heavy Motor Vehicle trips per normal business day loaded with natural resources through the M-52 Corridor district associated with a new or expanded natural resource extraction activity proposed on land situated outside of the City. 7. Historic Resource shall mean a structure, object, or feature that is significant in the history, architecture, or culture of the City of Chelsea, State of Michigan, or of the United States. C. APPLICATION REQUIREMENTS 1. An application for the proposed natural resource operation and to utilize the M-52 Corridor District for a proposed Extraction Vehicle 4-84

85 SECTION 4.37 (C) Cont. APPLICATION REQUIREMENTS Operation associated with the proposed extractive operation shall be submitted concurrent with an application seeking approval for a natural resource extraction operation on land filed with a municipality outside the City of Chelsea, and shall include the following; provided, if this Section was not effective on the date of the filing with a municipality outside the City of Chelsea, the City Clerk shall provide notice to the applicant of the requirement to file an application under this Section at the earliest feasible date: a. The name, address, and phone number of the owner of the property on which the development or activity is proposed. b. The name, address, and phone number of the applicant, and the applicant s interest in the property (with all relevant signed documents demonstrating such interest, with dollar amounts redacted if desired). c. A description of the property situated outside the City on which the natural resource extraction operation is proposed. d. A plan drawn to scale detailing the proposed natural resource extraction operation outside the City. e. Reports prepared by qualified experts in respective fields detailing the following: 1. The reasonably anticipated relationship of the proposed Heavy Motor Vehicle activity with the following within the M-52 Corridor, taking into consideration the volume and type of traffic and vehicles proposed, the maneuverability such vehicles in confined spaces along M-52, and the effects produced by the Heavy Motor Vehicles such as odors, dust, fumes, noise, vibration, aggregate releases, and the like: 4-85

86 SECTION 4.37 (C) Cont. APPLICATION REQUIREMENTS i. The existing land uses within the M-52 Corridor district, including compatibility with such uses, the impact on the quality of life, schools, historic resources, tourism-generating uses, and economic development and viability within the M-52 Corridor district. ii. The structural and other physical integrity of the buildings within the M-52 Corridor district, including the older buildings in the Chelsea downtown area. iii. Property values within the M-52 Corridor district. iv. Pedestrian and traffic safety within the M-52 Corridor district. 2. The overall public interest in the extraction of the specific natural resources proposed on the property (outside the City) in relation to the public interest that will be harmed by the activities associated with the extraction within the M-52 Corridor district. 3. The need for the natural resources by the applicant or in the market served by the applicant. f. All of the types of Heavy Motor Vehicles that would travel through the M-52 Corridor district, both loaded and unloaded, from and to the natural resource extraction site proposed on the property outside the City, and with respect to each type of vehicle: 1. The average number of trips per business day through the M-52 Corridor proposed (during the season of operation, if applicable), with a separate specification of the number of 4-86

87 SECTION 4.37 (C) Cont. APPLICATION REQUIREMENTS loaded and unloaded vehicles. 2. The maximum number of trips per business day through the M-52 Corridor district proposed (during the season of operation, if applicable), with a separate specification of the number of loaded and unloaded vehicles. 3. The number of days per business week such trips will be made, and the particular days. 4. The weight of the vehicle, both unloaded and fully loaded. 5. The number and spacing of axles on the vehicle. 6. A general description of the vehicle, including the number, length, and width of trailers. 7. The expected destination(s) of the vehicle after leaving the City of Chelsea. 8. The noise generated by the vehicle operating fully loaded, measured with an a-weighted scale in dba, as measured fifteen feet from the vehicle under each of the following scenarios: traveling at 25, 35, and 45 miles per hour; and accelerating from a stop to reach 25, 35, and 45 miles per hour. 9. The ground vibration generated by the vehicle operating fully loaded, measured by reliable device used in the industry with the vehicle idling, and traveling at 25, 35, and 45 miles per hour. 10. Measurable extent of vehicle fume emissions with the vehicle operating under each of the following scenarios: idling; traveling at 25, 35, and

88 SECTION 4.37 (C) Cont. APPLICATION REQUIREMENTS miles per hour; and accelerating from a stop to reach 25, 35, and 45 miles per hour. 11. The stopping distance of the vehicle operating fully loaded and traveling at 25, 35, and 45 miles per hour. 12. Considering the type of load expected to be carried from the proposed extractive operation, the amount of dust and other related types of emissions from each truck as it: starts and stops (including picking up speed) at traffic control devices or in normal and congested traffic; and passes over bumps in the road. 2. An application for Excessive Oversize Load Vehicle Use shall include the following: a. The name, address, and phone number of the owner of the property on which the development or activity is proposed. b. The name, address, and phone number of the applicant. c. A description of the locations that are the source and destination of the trips planned. d. Reports prepared by qualified experts detailing the following: 1. The reasonably anticipated relationship of the proposed Excessive Oversized-Load Vehicle Use with the following within the M-52 Corridor, taking into consideration the volume and type of traffic and vehicles proposed, the maneuverability such vehicles in confined spaces along M-52, and the effects produced by the Excessive Oversized-Load Vehicle Uses such as odors, dust, fumes, noise, vibration, aggregate releases, and the like. 4-88

89 SECTION 4.37 (C) Cont. APPLICATION REQUIREMENTS 2. The existing land uses within the M-52 Corridor district, including compatibility with such uses, the impact on the quality of life, schools, historic resources, tourism-generating uses, and economic development and viability within the M-52 Corridor district. 3. The structural and other physical integrity of the buildings within the M- 52 Corridor district, including the older buildings in the Chelsea downtown area. 4. Property values within the M-52 Corridor district. 5. Pedestrian and traffic safety within the M-52 Corridor district. e. The overall public interest in the load proposed to be delivered in relation to the public interest that will be harmed by the activities associated with the activity within the M-52 Corridor district. f. The need for the loads proposed to be delivered. g. All of the types of Excessive Oversized-Load Vehicle Uses proposed to travel through the M-52 Corridor district, and with respect to each type of vehicle: 1. The average number of trips per business day through the M-52 Corridor district proposed (during the season of operation, if applicable). 2. The maximum number of trips per business day through the M-52 Corridor district proposed (during the season of operation, if applicable). 3. The number of days per business week 4-89

90 SECTION 4.37 (C) Cont. APPLICATION REQUIREMENTS such trips will be made, and the particular days. 4. The weight of the vehicle, both unloaded and fully loaded. 5. The number and spacing of axles on the vehicles. 6. A general description of the vehicle. 7. The expected destination(s) of the vehicle after leaving the City of Chelsea. 8. The noise generated by the vehicle operating fully loaded, measured with an a-weighted scale in dba, as measured fifteen feet from the vehicle under each of the following scenarios: traveling at 25, 35, and 45 miles per hour; and accelerating from a stop to reach 25, 35, and 45 miles per hour. 9. The ground vibration generated by the vehicle operating fully loaded, measured by reliable device used in the industry with the vehicle idling, and traveling at 25, 35, and 45 miles per hour. 10. Measurable extend of vehicle fume emissions with the vehicle operating under each of the following scenarios: idling; traveling at 25, 35, and 45 miles per hour; and accelerating from a stop to reach 25, 35, and 45 miles per hour. 11. The stopping distance of the vehicle operating fully loaded and traveling at 25 miles per hour. h. (Reserved for other uses.) D. STANDARD OF REVIEW 4-90

91 SECTION 4.37 (D) Cont. STANDARD OF REVIEW 1. For approval of an Extraction Vehicle Operation, the applicant shall have the burden of proof to show that: a. There are valuable natural resources located on the relevant property situated outside the City. Natural resources shall be considered valuable for purposes of this sub-section if a person, by extracting the natural resources, can receive revenue and reasonably expect to operate at a profit. If the applicant fails to satisfy its burden of proof under this paragraph: (1) to the extend the proposed natural resource extraction operation relies upon the M-52 Corridor district associated with the operation, the application to conduct the natural resource extraction operation at issue outside the City shall be denied as land use; and (2) the application to utilize the M-52 Corridor district for an Extraction Vehicle Operation shall be denied. b. There is a need for the natural resources by the applicant or in the market served by the applicant. In the analysis of such need, it is recognized that MCL (3), et seq., provides special treatment for the review and approval of a proposed natural resource extraction operation by removing the customary constitutional burden from the applicant and providing a burden that is less demanding on the applicant. In other words, MCL (3), et seq. compromises the generally applicable recognition of the importance and integrity of local planning and zoning, and the interests of surrounding property and the community at large, in favor of allowing the extraction and transportation of natural resources where it can be demonstrated that the particular resources are needed. Accordingly, analyzing need must take into consideration such compromise of the interests of planning and zoning, and the interests of the community, and thus the 4-91

92 SECTION 4.37 (D) Cont. STANDARD OF REVIEW level of need must be sufficiently high to permit the compromise of community interests and provide an exception to the generally applicable protections for the deference and strength of local planning and zoning. If the applicant fails to satisfy its burden of proof under this paragraph: (1) to the extent the proposed natural resource extraction operation relies upon the M-52 Corridor district associated with the operation, the application to conduct the natural resource extraction operation at issue outside the City shall be denied as land use; and (2) the application to utilize the M-52 Corridor district for an Extraction Vehicle Operation shall be denied. c. No very serious consequences would result to the M-52 Corridor district, and to any impacted schools, playgrounds, parks, or hospital, including among other things, to the land uses, person, structures, historic and other resources, economic development, property values, traffic and pedestrian safety, and public interest, from the proposed Extraction Vehicle Operation. In determining whether the applicant has demonstrated that there would be no very serious consequences from the proposed Extraction Vehicle Operation to the M-52 Corridor district, the standards set forth MCL (5)¹ shall be applied to all relevant facts and evidence. The review under this standard shall recognize that local planning and zoning is presumed reasonable, as dictated by Silva v Ada Township, 416 Mich 153 (1982) at page 162, and shall take into consideration that zoning regulations seek to serve the interests of the community as a whole, as recognized in Silva at page 158, and that the applicant has the burden of overcoming the presumption of validity of all local zoning regulations sought to be infringed. If the applicant fails to satisfy its burden of proof under this paragraph, it would be clear that access 4-92

93 SECTION 4.37 (D) Cont. STANDARD OF REVIEW to and through the M-52 Corridor district as proposed would not be reasonable, and may not be safe depending on the findings leading to the failure of the applicant to meet such burden of proof, and: (1) to the extent the proposed natural resource extraction operation relies upon the M-52 Corridor district associated with the operation, the application to conduct the natural resource extraction operation at issue outside the City shall be denied as land use; and (2) the application to utilize the M-52 Corridor district Extraction Vehicle Operation shall be denied. ¹Application of the standards set forth in Silva v Ada Township, 416 Mich 153 (1982) are directed by MCL (5), and are thus specified in this section of the zoning ordinance, however, the City reserves the right to challenge the constitutionality of the statutory standard so directed by such statue. 2. For approval of an Excessive Oversize Load Vehicle Use: In arriving at a determination whether to approve a proposed Excessive Oversize Load Vehicle Use, the Planning commission shall take into consideration at least the following standards and criteria: a. A permit shall be issued only if the proposed project or activity is clearly in the public interest, and is otherwise lawful in all respects. b. In determining whether the activity is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, including the extent to which an unacceptable level of service found by the application of accepted traffic principles is likely to be created, taking in consideration the following general criteria in undertaking 4-93

94 SECTION 4.37 (D) Cont. STANDARD OF REVIEW this balancing test: i. The relative extent of the public and private need for the proposed activity; ii. The availability of feasible and prudent alternative routes available to accomplish the expected benefits from the activity; ii. The probable impact of the proposal on land uses, persons, structure, resources, schools, economic development, property values, traffic and pedestrian safety; iv. The size of vehicles and loads an number of trips being considered; v. The necessity for the proposed use. 3. (Reserved for other uses.) E. Hearing Procedure The following hearing procedure shall apply: 1. The procedure for consideration of an application for Extraction Vehicle Operation shall be the special land use procedure provided in Article 8 subject to and in accordance with the following: a. A preliminary review and decision shall be made on whether the applicant has shown a sufficient property interest in the land on which the natural resource extraction operation is proposed to be expanded or conducted, that there are valuable natural resources located on such land, and that there is a need for the natural resources by applicant or in the market served by the applicant from the proposed extraction operation. If the applicant fails to demonstrate all of these facts, the 4-94

95 SECTION 4.37 (E) Cont. HEARING PROCEDURE application shall be denied. 2. The procedure for consideration of an Excessive Oversize Load Vehicle Use shall be the special land use procedure provided in Article (Reserved for other uses.) F. DECISION OF THE PLANNING COMMISSION 1. Following public hearing and review of the submissions by the applicant and interested parties, the Planning Commission Shall: a. Approve the application, or b. Approve the application with conditions, or c. Deny the application. 2. The reasons for the decision shall be stated in the motion acting on the application. 3. Effect of Approval: An approval under this section shall become effective upon commencement of the proposed activity within one year of the approval, and shall thereafter continue in effect unless the factual basis for the approval provided by the applicant materially changes. If the proposed activity does not commence within one year, or if the factual basis for the approval provided by the applicant materially changes, the applicant shall have the right to apply for new or extended effect of the approval, and absent an approval on such application, the approval shall be void. 4-95

96 (Amended by ord. no eff ) 4-96