Commercial Mixed Use

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="2" width=25 BGCOLOR="#99CC99" TEXT="#080000" bgproperties="fixed" background="0408dfc3.jpg"> <bR> </td> <td valign="top" colspan=2 height=82 style=" border-bottom: 1px solid #999980;" BGCOLOR="#CCCC99" TEXT="#080000" bgproperties="fixed" background="0418dfe1esnpes.jpg"> <div> <FONT SIZE="5" COLOR="#000000" FACE="Arial" ><B>Roscommon Township</B></FONT><FONT SIZE="2" COLOR="#000000" FACE="Times New Roman" ><B>     </B><B>|</B><B>     </B></FONT><A HREF="index.htm" TARGET="_top" TITLE="Roscommon Township"><B>home</B></A><B>      </B><A HREF="id22.htm" TARGET="_top" TITLE="Land Use"><B>Land Use</B></A></div> <bR> <bR> <bR> <bR> <div> </div> </td> </tr><tr> <td valign="top" height=398 width="100%" colspan=2 BGCOLOR="#CCCC99" TEXT="#080000" bgproperties="fixed" background="0418dfc3.jpg"> <div> <I>Commercial Mixed Use</I></div> <bR> <div> <B>SECTION 12/3.1 DESCRIPTION AND PURPOSE </B></div> <bR> <div> This zone is established to accommodate a wide variety of retail and service establishments, and research and technology development, and light manufacturing. A site plan review is required for any use other than a single dwelling.</div> <bR> <bR> <div> SECTION 12/3.2 USE REGULATIONS</div> <div>      </div> <div> Land and/or buildings in the Mixed Use Zone may be used for the following purposes only:</div> <bR> <div> A.   For the retail sale of the following types of merchandise.</div> <bR> <div> 1.   Foodstuffs, pharmaceutical and allied products, clothing and dry goods of all kinds, hardware, retail furniture and household appliances, office supplies and florist shops.</div> <bR> <div> 2.   Shops or stores for conducting the following businesses:  Electrical supplies, fixtures, accessories and for carrying on the trade of electricians, painters, photographers, plumbers, heating, ventilating, air conditioning and metal working specifically related to ventilation, and similar artisans, except metal workers.</div> <bR> <div> B.   For providing the following types of facilities, Motels, hotels, restaurants, taverns, tourist cabins,  bowling alleys, miniature golf and golf driving ranges, billiard halls, theaters, nightclubs, hospitals, nursing and convalescent homes, condominiums, banks, credit unions, newspaper offices, commercial printers, video rental, building and lumber supply, commercial schools, and child care centers.</div> <bR> <div> C.   For the purpose of rendering personal service, such as, by way of illustration and not limitation:  Barber shops, beauty shops, real estate offices, doctor and dentist offices, law offices, insurance sales offices and churches.</div> <bR> <div> D.   The manufacture, compounding, processing, and packing of such products as candy, cosmetics, drugs, perfumes, ceramics, and food products.</div> <bR> <div> E.  The manufacture, compounding, assembly or treatment of articles from the following previously prepared material, including but not limited to:  Aluminum, cellophane, canvas, cloth, ink, fibers, glass, leather, paint, paper, plastics, rubber, tin, iron, steel, wood, and yarn.</div> <bR> <div> F.  At the sole discretion of the Planning Commission, uses similar in character to the above listed uses.</div> <bR> <div> G.   Dwellings, in conjunction with a business.  One (1) dwelling per business permitted, provided it meets the following conditions:                             </div> <bR> <div> 1.   The dwelling is a part of the business building or attached thereto.  It may be on any floor of the building.</div> <bR> <div> 2.   The dwelling shall be for the primary purpose of providing a dwelling place for the owner, operator, or employee of the business.</div> <bR> <div> H.  Any uses permitted in the R-1 or R-2 Residential district, may be permitted in this district, provided they meet with all the regulations of the R-1 or R-2 Residential district.  Any lot used for residential purposes shall have a minimum of 12,000 square feet. </div> <div> placeI.   As a Special Land Use only, gas stations and inside storage units.</div> <bR> <div>   </div> <div> <B>SECTION 12/3.3 AREA REGULATIONS </B><FONT SIZE="1" COLOR="#000000" FACE="Arial" >(Amend 8/04)</FONT><B>          </B>     <B>               </B></div> <div> No commercial building or commercial structure nor the enlargement of the same shall be erected unless the following yard area requirements are provided and maintained:</div> <bR> <div> A.  Building Setback - </div> <bR> <div> 1.   Residential building shall have a minimum setback, measured from the nearest edge of the right of way, thirty (30) feet from roofs edge.</div> <bR> <div> 2.   Commercial buildings and other structures located in this district shall have a minimum setback, measured from the nearest edge of the right of way, as follows:</div> <div>      Fronting on Old 27 or addressStreetEmery Rd, 50 feet, all others 35 feet.</div> <bR> <div> B.   Side Yard - there shall be a minimum side yard requirement of ten (10) feet from the roof's edge for fire protection, etc.</div> <bR> <div> C.   Rear Yard - A rear yard of at least twenty-five (25) feet must be maintained.</div> <bR> <div> D.   The Roscommon Township Land Use Officer, hereafter referred to as the Land Use Officer, shall have the authority to approve non-conforming access ramps provided the following criteria are met:</div> <bR> <div>      1.   The Land Use Officer determines that access is not feasible at any other location of structure.</div> <bR> <div>      2.   The greatest setback will be maintained by determination of the Land Use Officer.</div> <bR> <div> 3.   No access, in any event shall be wider than six (6) feet, including any overhang, five feet without any overhang.</div> <bR> <div> 4.   The Land Use Officer may, however, refer such requests as deemed extraordinary to the Zoning Board of Appeals.</div> <bR> <div> 5.   Access meets applicable placeCityADA “Americans with Disabilities Act”, Public Law 101-336.    </div> <bR> <div>       E.  Required Greenbelts, Landscape Materials and Screening <FONT SIZE="1" COLOR="#000000" FACE="Arial" >(Added 8/04)</FONT></div> <div>                </div> <div> In order to provide protective screening and buffers for residential areas adjacent to non-residential areas, the Planning Commission shall require a greenbelt or buffer to be provided by the non-residential property owner in accordance with the following:</div> <bR> <div> For properties fronting on addressStreetDeadstream Road and being used commercially, a ten (10) foot greenbelt along the street frontage will be required.  The greenbelt shall consist of evergreen trees and shrubs to be arranged to simulate a natural setting.  The greenbelt shall include only living materials with the exception of permitted driveways, sidewalks, signs and utilities.</div> <bR> <bR> <div> Minimum Plant Material Standards:  All plant material shall be hardy to placePlaceNameRoscommon PlaceTypeCounty and be free of disease and insects.</div> <bR> <div> Minimum Sizes:  Minimum plant sizes at time of installation shall be according to the following.</div> <bR> <div>      Evergreen Tree:  6' height</div> <div>      Upright Evergreen Shrub:  3' Height     </div> <bR> <div>                  <FONT SIZE="1" COLOR="#000000" FACE="Arial" >                   </FONT></div> <div> SECTION 12/3.4 OFF-STREET PARKING OF MOTOR VEHICLES               </div> <bR> <div> Every property owner shall provide and maintain at all times an adequate number of off-street parking spaces, and the necessary loading and unloading facilities associated thereto in each district for all occupants, employees and patrons of said property.</div> <bR> <div> A.   A plan showing the required parking and loading spaces including the means of access and interior circulation, except for one-family and two-family dwellings, shall be provided at the time of application for a building permit and a Land Use Permit for the erection or enlargement of any building.</div> <bR> <div> B.   Parking space shall be provided in the manner and location herein specified.</div> <bR> <div> 1.   No parking area, parking space or loading space which, exists at the time this ordinance becomes effective or which subsequent thereto is provided for the purpose of complying with the provisions of this ordinance shall not thereafter be relinquished or reduced in any manner below the requirements established by this ordinance unless additional parking area or space is provided sufficient for the purpose of complying with the provisions of this ordinance within 300 feet of the proposed or existing uses for which such parking will be available.</div> <bR> <div> 2.   Each automobile parking space shall not be less than 200 square feet nor less than 10 feet wide exclusive of driveway and aisle space.</div> <bR> <div> 3.   All off-street parking facilities shall be drained so as to prevent damage to abutting properties or public streets and shall be constructed of materials which will have a dust-free surface resistant to erosion.</div> <bR> <div> 4.   Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from the adjoining residential lots.</div> <bR> <div> 5.   No parking space shall be closer than 5 feet from the property line.</div> <bR> <div> 6.   Off-street parking facilities in non-residential zones shall be effectively screened on any side which adjoins or faces property in any residential zone by a wall, fence or compact planting not less than 4 feet or more than 8 feet in height.  Plantings shall be maintained in good condition and not encroach on adjoining property.  Screening shall not be so placed or maintained as to provide a traffic hazard through obstruction of visibility.</div> <bR> <div> 7.  All off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited, provided that this prohibition shall not apply to off-street parking areas of one or two-family dwellings.</div> <bR> <div> 8.   Space for all necessary loading and unloading operations for commercial use must be provided in addition to the required off-street parking space.  All loading and unloading operations must be carried on entirely within the lot area of the use it serves and shall not interfere with pedestrian or vehicular movement.</div> <bR> <div> <B>(12/3.4 COMMERCIAL MIXED USE - OFF STREET PARKING…)</B><FONT SIZE="3" COLOR="#000000" FACE="Arial" >     </FONT></div> <div> 9.   No loading or unloading shall be permitted on any public street or road.  No open loading dock shall be erected on the sides of buildings fronting on any street.  Enclosed truck loading docks may be located on the sides of buildings fronting on the street, providing that the truck doors are set back a minimum of 100 feet from the property line abutting the street and shall be screened by approved landscaping or equal material.</div> <bR> <div> 10. Requirements for the provision of parking facilities with respect to two or more property uses of the same or different types may be satisfied by the permanent allocation of the requisite number of spaces for each use in common parking facility, cooperatively established and operated, provided that the number of spaces designated is not less than the sum of individual requirements and provided further that the specifications in regard to location, plan, etc., are complied with.</div> <bR> <div> 11. The number of parking spaces required for land or buildings used for two or more purposes shall be the sum of the requirements for the various individual uses, computed in accordance with this section; parking facilities for one use shall not be considered as providing the required parking facilities for any other use.</div> <bR> <div> C.   Minimum Required Parking Spaces:</div> <bR> <div>      1.   Apartment houses:  Two parking spaces for family unit.</div> <bR> <div> 2.   Office building:  One parking space for each 200 square feet of floor space utilized for work space for employees.</div> <bR> <div> 3.   Retail stores, supermarkets, department stores, personal service shops, and shopping centers:  One parking space for each 200 square feet used for retail sales.</div> <bR> <div> 4.   Libraries, museums and post offices:  One parking space for each 100 square feet of floor area.</div> <bR> <div> 5.   Bowling alleys:  Three parking spaces for each alley.</div> <bR> <div> 6.   Motels and tourist homes:  One parking space for each separate unit plus one parking space for each employee.</div> <bR> <div> 7.   Theaters, auditoriums, stadiums, and churches:  One parking space of each four seats.</div> <bR> <div> 8.   Assembly halls and convention halls without fixed seats:  One parking space for each 100 square feet of floor area if to be used for dancing or assembly.</div> <bR> <div> 9.   Restaurants and nightclubs:  One parking space for each 100 square feet of floor area.</div> <bR> <div> 10. Other uses not specifically mentioned:  Will be required to provide an area for parking facilities on private property in the ratio of three (3) square feet of parking area for each square foot of building area devoted to sales or service facilities.</div> <bR> <bR> <div> <B>(12/3.4 COMMERCIAL MIXED USE - OFF STREET PARKING…)</B><FONT SIZE="3" COLOR="#000000" FACE="Arial" >    </FONT></div> <bR> <div> 11. Mixed uses in the same building:  In the case of mixed uses in the same building, the amount of parking space for each use specified shall be provided and the space for one use shall not be considered as providing required spaces for any other use except as to churches and auditoriums incidental to public and parochial schools permitted herein.</div> <bR> <bR> <div> D.   The Zoning Board of Appeals shall have authority to grant variances from the foregoing where it is satisfied that, under the circumstances prevailing, the requirements for off-street parking are too large for the particular development.</div> <bR> <div> <B>SECTION 12/3.5 DRIVEWAYS, FRONTAGE ROADS, SERVICE DRIVES AND PARKING LOT CONNECTIONS. </B><FONT SIZE="1" COLOR="#000000" FACE="Arial" >(Added 8/04)</FONT></div> <div> The following standards shall apply to all non-residential uses with frontage on or access to Old 27 (a.k.a. addressStreetHarrison Rd.) zoned under Section 28 as Commercial Mixed Use.</div> <bR> <div> A.   Driveway Width and Spacing from other Driveways:</div> <bR> <div> 1.     Two-way driveways shall be a minimum of 30 feet in width.  One-way driveways shall be a minimum of 15 feet in width.</div> <bR> <div> 2.     There shall be a minimum spacing of (300) feet between the centerline of a driveway and adjacent driveways.  Where it can be demonstrated that pre-existing conditions prohibit adherence to the minimum driveway spacing standards and access by a shared drive is not available, the Planning Commission shall have the authority to modify the driveway spacing requirements.  Such modifications shall be the minimum amount necessary, but in no case shall a driveway spacing of less than 60 feet be permitted by the Planning Commission.</div> <bR> <div> B.   Deceleration/Taper Lanes:</div> <div> Where site frontage allows, a 12 foot wide right turn taper/deceleration lane of at least 75 feet shall be constructed.  Where the amount of frontage precludes the construction of a deceleration/taper lane entirely within the property lines of a parcel, a request shall be made to the owner of the adjacent parcel to allow construction of such a lane beyond the property line.  If permission cannot be obtained from the adjacent property owner for an extension onto that parcel, a taper of at least 50 feet shall be constructed.</div> <bR> <div> C.   Frontage Roads, Parking Lot Connections and Rear Service Drives:</div> <div> <B>     </B>Unless prohibited by pre-existing conditions, the site design for commercial/industrial uses shall include frontage roads, service drives and/or parking lot connections with existing non-residential developments.  In areas where frontage roads or service drives are recommended, but adjacent properties have not been yet developed, the site shall be designated to accommodate a future road/drive as a condition of approval.</div> <bR> <div> 1.   Frontage Roads.<B> </B> When required, frontage roads shall have a minimum width of 30 feet for two-way traffic and 15 feet for one-way traffic.  Frontage roads shall have a minimum of 30 feet of storage at the intersection of the highway for entering and exiting vehicles as measured from the pavement edge.  Parking shall be prohibited along two-way frontage roads and service drives that are constructed at the minimum of 30 feet.  One-way roads or two-way roads designed with additional width for parallel parking may be allowed.  Perpendicular or angle parking along either side of a designated frontage road or service drive shall be prohibited.</div> <bR> <div> 2.   Rear Service Drives<B> </B>for truck traffic shall be encouraged especially for locations where connection to a side street is available.</div> <bR> <div> 3.   Parking Lot Connections.<B>  </B>Where pre-exiting conditions prohibit installation of a frontage road or service drive in accordance with the above standards, the Planning Commission shall have the authority to allow alternative cross access between adjacent parking areas through interconnection of main circulation aisles.  Under these conditions the aisles <FONT SIZE="1" COLOR="#000000" FACE="Arial" >12/3.5 COMMERCIAL MIXED USE -  DRIVEWAYS, FRONTAGE ROADS…</FONT></div> <bR> <div> servicing the parking stalls shall be aligned perpendicularly to the access aisle with curbing or signage to further delineate the edges of the route to be used by through traffic.  Where a proposed parking lot is adjacent to an existing parking lot of similar use, there shall be a vehicular connection between the two parking lots where possible, as determined by the Planning Commission.  For developments adjacent to vacant properties, the site shall be designed to provide for future connection.</div> <bR> <bR> </td> </tr></table></body>