[1]
Editor's Note: Ordinance No. 1311, adopted 5-24-2010, amended
Div. 13 in its entirety as set out herein. The former Div. 13 pertained
to similar subject matter and derived from the Code of 1975, §§ 39-154
— 39-161; the Code of 1992, §§ 32-706 —
32-713; Ord. No. 1188, adopted 8-13-2001; Ord. No. 1280, adopted 10-22-2007.
[Ord. No. 1311, 5-24-2010; 9-28-2015 by Ord. No.
15-008]
The Institutional District is designated specifically for Lake
Huron Medical Center and McLaren Port Huron Hospital to allow development
and expansion of the hospitals and related principal permitted uses
as listed below. Said district shall be the area adjacent to each
existing hospital campus for which the hospitals have submitted an
approved Master Plan.
[Ord. No. 1311, 5-24-2010; 9-28-2015 by Ord. No.
15-008; 10-24-2016 by Ord. No. 16-005; 9-10-2018 by Ord. No. 18-017]
The following uses of buildings and premises shall be permitted
in the I Institutional District, provided that a plan of development
(a master plan) shall be required when the property devoted to any
use, other than a single-family dwelling, exceeds one acre in area:
(1)
Single-family detached dwellings, provided that the regulations applicable to such uses in the R District shall be met. Certified, registered residential rental units are allowed and must conform to all City codes and ordinances, specifically Chapter 10, Article V, Rental Certification, of the City Code of Ordinances.
(2)
Child and adult care centers, provided that the requirements applicable
to such uses are met in regards to setbacks and parking requirements.
(3)
Churches, chapels and other places of worship; adjunct residential
and administrative facilities and other uses operated by or in conjunction
with religious institutions.
(4)
Public and private nonprofit schools and educational institutions,
including residential units, classroom, administrative, recreational
and student service facilities owned by or operated under the control
of such school or institution.
(5)
Libraries, museums and similar uses operated by public or nonprofit
agencies.
(6)
Hospitals, doctors' offices, public health clinics, extended care
facilities, an office of a rehabilitation clinic with no on-site living
quarters, psychiatric hospitals or recovery centers for the mentally
disabled, sanitaria, nursing homes, memory care facilities, homes
for the aged, and pharmacies. A licensed massage therapist may conduct
business within the walls of a hospital, doctor's office, medical
clinic, nursing home. Medical laboratories or medical testing facilities
are allowed, including blood plasma donation centers.
(7)
Philanthropic, charitable and eleemosynary institutions.
(8)
Parks, recreational facilities, auditoriums and similar uses and
structures owned or operated by a governmental agency.
(9)
Off-street parking areas serving uses permitted in this district,
subject to the approval of the Planning Department.
(10)
Rights-of-way, easements and appurtenances for public utilities
and public transportation.
(11)
Any existing structure may be used for any of the permitted uses in this section, subject to meeting the off-street parking requirements of § 52-772.
(12)
Independent or assisted living facilities. The apartment dwelling
unit sizes and number of dwelling units per land size shall be in
accordance with the high-rise apartment requirements as required in
the A-2 Zoning District, per Division 16, Schedule of Regulations.
If state licensed, the facility does not have to follow the City zoning
ordinance regulations for apartment unit sizes.
[5-24-2010 by Ord. No.
1311]
Accessory uses and structures customarily incidental and clearly subordinate to permitted principal uses, including any accessory use or structure permitted in the A-1 District as set forth in § 52-252 of this article, shall be permitted in the I District.
[5-24-2010 by Ord. No.
1311; 9-28-2015 by Ord. No. 15-008; 6-26-2017 by Ord. No. 17-005]
The Planning Commission shall not recommend to the Council inclusion
of any property in an I District until a master plan for development
of the property involved has been approved by the Commission. A master
plan shall be submitted to the Commission by the owner of the property
concurrent with a rezoning request to the ordinance to include the
property in the I District. The plan shall constitute a scaled graphic
representation of the following information together with necessary
explanatory material:
(1)
The boundaries of the area involved and the ownership of properties
contained therein, as well as all existing public streets and alleys
within and adjacent to the site.
(2)
The location and use of all existing buildings on the site, as well
as the approximate location, height, dimensions and general use of
all proposed buildings or major additions to existing buildings. For
a site in excess of 10 acres, only the location and use of existing
buildings and the general location, extent and use of proposed buildings
or major additions to existing buildings need be shown.
(3)
The location of all existing parking facilities and the approximate
location of all proposed parking facilities, including the approximate
number of parking spaces at each location and all existing and proposed
means of vehicular access to parking areas and to public streets and
alleys. Any proposed changes in the location, width or character of
public streets and alleys within and adjacent to the site shall also
be shown on the plan.
(4)
The general use of major existing and proposed open spaces within
the site and specific features of the plan, such as screening, buffering
or retention of natural areas, which are intended to enhance compatibility
with adjacent properties.
[5-24-2010 by Ord. No.
1311; 9-28-2015 by Ord. No. 15-008]
(a)
The Planning Commission shall approve the master plan when it finds,
after receiving a report from the Planning Director and after holding
a public hearing thereon, that the development shown on the master
plan is in compliance with the requirements of the I District and
other applicable sections of this chapter and that such development:
(1)
Will adequately safeguard the health, safety and welfare of
the occupants of the adjoining and surrounding property;
(2)
Will not unreasonably impair an adequate supply of light and
air to adjacent property;
(3)
Will not unreasonably increase congestion in streets; and
(4)
Will not increase public danger from fire or otherwise unreasonably
affect public safety.
(b)
The action of the Commission shall be based upon finding of fact
which shall be reduced to writing and preserved among its records.
The Commission shall submit to the Council a copy of its finding and
a recommendation of the master plan amendment, together with its recommendation
relative to the ordinance to include the property in the I District.
The City Council shall then, if it agrees, proceed in rezoning the
amended property to the I District.
[5-24-2010 by Ord. No.
1311; 9-10-2018 by Ord. No. 18-017]
Upon submission of a master plan for institutional development
as set forth in this division and inclusion of the property in an
I District, no plan of development shall be approved nor shall any
building permit or occupancy permit be issued unless such is deemed
to be in compliance with this chapter and substantially in accordance
with the submitted master plan or subsequent amendment thereto, if
the development is on hospital-owned property. A site plan for any
proposed structures or parking lots shall be submitted to the Planning
Department for review before making application for a building permit.
[5-24-2010 by Ord. No.
1311; 10-24-2016 by Ord. No. 16-005]
The following signs shall be permitted in the I District:
[5-24-2010 by Ord. No.
1311; 9-28-2015 by Ord. No. 15-008]
(a)
Front yard. In the I District, there shall be a front yard setback
for buildings and parking lots with a depth of not less than 25 feet.
In the front yard, single- and two-family dwellings may be built in
line with the average setbacks of adjacent dwellings.
(b)
Side and rear yards. Side and rear yards for uses other than single-family dwellings shall be provided as set forth in § 52-621, except that any such building additions shall be distant at least 50 feet from any lot not zoned institutional and not separated by a street. Street side yard setbacks for buildings and parking lots shall be 12 1/2 feet. Side yards for a single-family dwelling shall be 10% of the lot width with a ten-foot maximum required setback.
(c)
Landscaping. There shall be landscaping at the perimeter of the property
and between any nonresidential use and a residential use. There shall
be landscaping around all sides of a parking lot, including the street
side, with the exception of the side of the parking lot facing the
institutional building. The buffer of landscaping shall be on the
private property, not in the City right-of-way. This landscaping shall
consist of a mixture of shrubs and trees a minimum of three feet tall
at the time of planting. There shall be a buffer strip with a minimum
of a five-foot-high solid screening fence, solid continuous landscaping,
or masonry wall between any residential area and the Institutional
Zone property where a parking lot or building exists. A landscape
plan shall be approved by the Planning Department before a building
permit shall be issued.
[5-24-2010 by Ord. No.
1311]
Maximum lot coverage in the I District shall not exceed 50%
of the area of the lot.
[10-24-2016 by Ord. No.
16-005]
The following uses shall be permitted in the I District subject
to the conditions imposed and subject further to the approval of the
Planning Commission:
(1)
In an existing residential structure, a certified, registered residential rental unit that is rented for less than 30 days, such as a vacation rental, home sharing, or any other transient residential occupancy as defined by this chapter, is allowed after special approval and a public hearing of the Planning Commission. The unit must be a certified residential rental unit in conformance with Chapter 10, Article V, Rental Certification, of the City Code of Ordinances. A site plan shall be submitted to indicate parking on the property. The Planning Commission has the right to impose contingencies, such as a screening fence, on the property. Hotels and motels are not allowed.
(2)
A residential structure owned by a nonprofit organization to rent out units for families whose family members are receiving short-term or long-term care or treatment in the hospital or local medical center. Such structure shall conform to all City codes and ordinance and shall be a certified, registered residential rental unit as dictated in Chapter 10, Article V, Rental Certification.
[9-10-2018 by Ord. No.
18-017]
For all uses permitted in an I District, except single- and two-family dwellings, which are not part of the hospital's approved master plan, no building permit shall be issued until the site plan has been approved by the Planning Commission, in accordance with § 52-697.
