[Amended 2-14-2017 by Ord. No. 1294]
Whenever any provision of this chapter imposes more stringent
requirements, restrictions or limitations than are imposed or required
by the provisions of any other law, ordinance or code, then the provisions
of this ordinance shall govern. Whenever the provisions of any other
law or ordinance imposes more stringent requirements than are imposed
or required by this chapter, then the provisions of such ordinance
shall govern.
[Amended 2-14-2017 by Ord. No. 1294]
No building or structure, or part thereof, shall hereafter be
erected, constructed or altered and maintained, and no new use or
change shall be made or maintained of any building, structure or land,
or part thereof, except in conformance with the provisions of this
chapter.
[Amended 2-14-2017 by Ord. No. 1294]
A.
Intent.
(1)
It is the intent of this chapter to permit legal nonconforming lots,
structures or uses to continue until they are removed but not to encourage
their survival.
(2)
It is recognized that there exist within the districts established
by this chapter, and subsequent amendments, lots, structures and uses
of land and structures which were lawful before this chapter was passed
or amended which would be prohibited, regulated or restricted under
the terms of this chapter or future amendments.
(3)
Such uses are declared by this chapter to be incompatible with permitted
uses in the districts involved. It is further the intent of this chapter
that nonconforming uses shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
(4)
A nonconforming use of a structure, a nonconforming use of land,
or a nonconforming use of a structure and land in combination shall
not be extended or enlarged after passage of this chapter by the attachment
on a building or premises of additional signs intended to be seen
from off the premises, or by the addition of other uses of a nature
which would not be permitted in the district involved.
(5)
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of the adoption or amendment of this chapter
and upon which actual building construction has been diligently carried
on. "Actual construction" is hereby defined to include the placing
of construction materials in permanent position and fastening them
in a permanent manner, except that where demolition or removal of
an existing building has been substantially begun preparatory to rebuilding,
such demolition or removal shall be deemed to be actual construction,
provided that work shall be diligently carried on until completion
of the building involved.
B.
Class A nonconforming uses and structures. Nonconforming uses or
structures shall be designated Class A provided that the Planning
Commission finds all of the following exists with respect to the use
or structure:
(1)
The use or structure was lawful at its inception.
(2)
Continuance of the use or structure is not likely to significantly
depress property values of nearby properties.
(3)
Continuance of the use or structure would not be contrary to the
public health, safety or welfare or the spirit of this chapter.
(4)
No useful purpose would be served by strict application of the provisions
of this chapter with which the use or structure does not conform.
C.
Class A conditions. The decision to grant a Class A designation shall
be made in writing setting forth its findings of fact and basis for
the designation. For changes or improvements to a Class A use or structure,
site plans shall be required and the Planning Commission may condition
its approval on the following, and by the following procedure to assure
the public health, safety or welfare or the spirit and purpose of
this chapter:
(1)
Conditions.
(a)
Screening and landscaping in keeping with community standards
to provide compatibility with adjacent uses.
(b)
Restrictions on lighting, noise, or visual impact.
(c)
Prohibition of curbside parking to an extent greater than the
immediate property frontage of the nonconforming use, where such use
is in close proximity to homes.
(d)
Signage in compliance with zoning district requirements. Existing
nonconforming signs may be required to be eliminated or reduced in
size and number.
(e)
Exterior building materials utilized in any alteration or rebuilding
of the building shall be harmonious with materials on abutting properties
whenever practical.
(f)
Enlargement or replacement of a building that does not create
a more nonconforming yard setback condition which would impact on
conforming properties in the immediate vicinity.
(g)
Other reasonable safeguards and improvements imposed to protect
conforming uses in the surrounding area.
(2)
Procedure.
(a)
A Class A designation shall be deemed temporary until the Planning
Commission has received written verification from the Building Director
that the party requesting the Class A designation has complied with
all of the conditions set forth by the planning commission.
(b)
Once the Planning Commission has received written verification
from the Building Director that the party requesting the Class A designation
has complied with said conditions, the Class A designation shall become
final, subject to other provisions of this chapter as hereafter prescribed.
(c)
No Class A nonconforming use or structure shall be resumed if
it has been discontinued for six consecutive months, or 18 months
total in any three-year period. No Class A nonconforming use or structure
shall be used, altered or enlarged in violation of any conditions
imposed in its designation.
(d)
A temporary Class A nonconforming use or structure designation
shall be void after six months if any conditions imposed by the designation
remain unmet, unless the Planning Commission grants a written request
for an extension of six months. No more than two extensions may be
granted.
D.
Class B nonconforming uses and structures. All nonconforming uses
or structures not designated Class A shall be Class B nonconforming
uses or structures. Class B nonconforming uses and structures shall
comply with all the provisions of this chapter relative to nonconforming
uses and structures.
E.
Nonconforming lots. In any district in which single-family dwellings
are permitted, notwithstanding limitations imposed by other provisions
of this chapter, a single-family dwelling and customary accessory
buildings may be erected on any single lot of record at the effective
date of adoption or amendment of this chapter. This provision shall
apply even though such lot fails to meet the requirements for area
or width, or both, that are generally applicable in the district,
provided that yard dimensions and other requirements not involving
area or width or both, of the lot shall conform to the regulations
for the district in which such lot is located. If two or more lots
or combinations of lots and portions of lots with continuous frontage
in single ownership are of record at the time of passage or amendment
of this chapter and if all or part of the lots do not meet the requirements
for lot width and area as established by this chapter, the lands involved
shall be considered to be an unsubdivided parcel for the purpose of
this chapter and no portion of said parcel shall be used or occupied
which does not meet lot width and area requirements established by
this chapter, nor shall any division of the parcel be made which leaves
remaining any lot width or area below the requirements established
by this chapter, nor shall any division of the parcel be made which
leaves remaining any lot width or area below the requirements stated
in this chapter.
F.
Nonconforming uses of land. Where, at the effective date of adoption
or amendment of this chapter, a lawful use of land exists that is
made no longer permissible under the terms of this chapter, as enacted
or amended, such use may be continued, so long as it remains otherwise
lawful, subject to the following provisions:
(1)
No such nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
(2)
No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this chapter.
(3)
If such nonconforming use of land ceases for any reason for a period
of 12 consecutive months, any subsequent use of such land shall conform
to the regulations specified by this chapter for the district in which
such land is located.
G.
Nonconforming structures. Where a lawful structure exists at the
effective date of adoption or amendment of this chapter that could
not be built under the terms of this chapter by reason of restrictions
on area, lot coverage, height, yards or other characteristics of the
structure or its location on the lot, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such structure may be enlarged or altered in a way which increases
its nonconformity; for example, existing residences on lots of a width
less than required herein may add a rear porch provided that other
requirements relative to yard space and land coverage are met.
(2)
Should such structure be destroyed to an extent of more than 50 percent
of its replacement value, exclusive of the foundation at the time
of destruction, it shall be reconstructed only in conformity with
the provisions of this chapter, except that reconstruction on the
existing foundation or footing shall be permitted provided reconstruction
is commenced within 12 months from date of such damage.
(3)
Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
H.
Nonconforming uses of structures and land. If a lawful use of a structure,
or of a structure and land in combination, exists at the effective
date of adoption or amendment of this chapter, that would not be allowed
in this district under the terms of this chapter, the lawful use may
be continued so long as it remains otherwise lawful, subject to the
following provisions:
(1)
No existing structure devoted to a use not permitted by this chapter
in the district in which it is located, shall be enlarged, extended,
constructed, reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in the district
in which it is located.
(2)
Any nonconforming use may be extended throughout any part of a building
which was manifestly arranged or designed for such use, and which
existed at the time of adoption or amendment of this ordinance code,
but no such use shall be extended to occupy any land outside such
building.
(3)
In any B or I District, if no structural alteration is made, any
nonconforming use of a structure, or structure and premises, may be
changed to another nonconforming use of the same or more restricted
classification, provided that the Planning Commission, either by general
rule or by making findings in the specific case, shall find that the
proposed use is equally appropriate or more appropriate to the district
than the existing nonconforming use. In permitting such change, the
Planning Commission shall require appropriate conditions and safeguards
in accord with the purpose and intent of this chapter. Where a nonconforming
use of a structure, or structure and land in combination is hereafter
changed to a more restrictive classification, it shall not thereafter
be changed to a less restricted classification.
(4)
Any structure or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
(5)
When a nonconforming use of a structure or structure and premises
in combination is discontinued or ceases to exist for 12 consecutive
months or for 24 months during any three-year period, the structure
or structure and premises in combination shall not thereafter be used,
except in conformance with the regulation of the district in which
it is located. Structures occupied by seasonal uses shall be exempt
from this provision.
(6)
When a nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
I.
Repairs and maintenance. Except as otherwise permitted in this subsection,
on any building devoted in whole or in part to any nonconforming use,
work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures,
wiring or plumbing to an extent not exceeding 50% of the assessed
value of the building, provided that the cubic content of the building
as it existed at the time of passage or amendment of this chapter
shall not be increased; except nothing in this chapter shall be deemed
to prevent the strengthening or restoring to a safe condition any
building or part thereof declared to be unsafe by any official charged
with protecting the public safety, upon the order of such official.
J.
Uses under exception provisions not nonconforming uses. Any use for
which a special exception is permitted as provided in this chapter
shall not be deemed a nonconforming use, but shall, without further
action, be deemed a conforming use in such district.
K.
Change of tenancy of ownership. There may be a change of tenancy,
ownership or management of any existing nonconforming use of land,
structure and premises provided there is no change in the nature of
character of such nonconforming use.
Accessory uses, except as otherwise permitted in this chapter,
shall be subject to the following regulations:
A.
Accessory buildings.
(1)
Where an accessory building is structurally attached to a main
building, it shall be subject to, and must conform to, all regulations
of this chapter applicable to the main building.
(2)
Accessory buildings shall not be erected in any required front
yard or in any required exterior side yard, except that in the case
of a narrow corner lot, where compliance with the requirement would
give an impractical depth to a private garage, the Zoning Board of
Appeals may permit the construction of such garages as near to such
side street lot line as will give a practical depth, but in no case
shall any part of such garage project beyond the building to which
it is accessory, or be closer than two feet to the interior side lot
line.
(3)
No accessory building(s) shall occupy more than 12% of the total
lot area in a residential district, provided that in a residential
district, the accessory building(s) shall not exceed the ground floor
area of the main residence, except that accessory garages for the
parking of private motor vehicles in residential districts shall not
exceed 900 square feet in gross floor area, or the gross floor area
of the house, whichever is less.
(4)
No accessory building shall be located within an easement, or
closer than four feet to any main building, nor shall it be located
closer than two feet to any interior side lot line and five feet from
a rear lot line.
(5)
In those instances where the rear lot line abuts an alley right-of-way,
the accessory building shall be no closer than one foot to such rear
lot line. In no instance shall an accessory building be located within
an easement or dedicated right-of-way. In those instances where the
rear lot line abuts a street right-of-way, the accessory building
shall be no closer to this line than the required front yard setback
in the district in which the property is located. Whenever a garage
is at right angles to an alley, it shall be no closer than 10 feet
to the rear lot line.
(6)
When an accessory building is located on a corner lot, the rear
lot line of which abuts an interior side lot line of an adjoining
parcel in a residential district, no part of any accessory building
within 25 feet of the common lot line shall be nearer the street bounding
the side lot line than the least depth of any required front yard
setback along such lot line.
(7)
No detached accessory building in the R-1, R-1A, R-2, OS, B-1,
P-1, RM-1 and RM-2 Districts shall exceed one story, or 15 feet, in
height measured to the ridgeline of the roof. Accessory buildings
in all other districts may be built to a height equal to the maximum
permitted height of the district, provided, if the accessory building
exceeds one story, or 12 feet, in height, the building shall be set
back one foot for each foot the building exceeds 12 feet in height.
(8)
When an accessory building in any residential, business or office
district is intended for a use other than gazebos, doghouses, the
parking or storage of private motor vehicles, tools for personal use,
or recreation equipment, the accessory use shall be subject to review
and approval by the Zoning Board of Appeals.
B.
Accessory structures.
(1)
Accessory structures, except where otherwise permitted and regulated
in this chapter, shall be located in the rear yard and shall meet
the setback requirements of an accessory building.
(2)
Flag poles may be located within any required front or exterior
side yard. Such poles shall be located no closer to a public right-of-way
than 1/2 the distance between the right-of-way and the principal building.
(3)
Canopies covering gasoline pump islands may extend into the
required front or exterior side yards to a point 10 feet from the
street right-of-way line. Signs placed on any canopy other than a
sign showing the height of the canopy shall comply with the applicable
standards of the Roseville Sign Ordinance.[1]
(4)
Ground-mounted private communication antennas shall be located
in the rear yard, except when it can be found that such antennas will
not be highly visible from a street, they may be located in a nonrequired
interior side yard.
(5)
Ground-mounted antennas shall not exceed a dimension of 12 feet
by 12 feet or a diameter of 12 feet. In nonresidential districts,
no roof-, pole- or tower-mounted antenna shall exceed a dimension
of 12 feet by 12 feet or a diameter of 12 feet. Ground-mounted antennas
shall not exceed a dimension of 16 feet by 16 feet or a diameter of
16 feet.
(6)
Solar energy panels, when located on the ground, shall observe
all applicable electrical codes and all applicable requirements pertaining
to an accessory building. When roof mounted, they shall be mounted
either flat against the roof surface or shall not project more than
four feet outward from the roof measured from the surface of the roof
where so affixed to the farthest outward projection of the panel.
No recreational vehicle or mobile home shall be parked or stored,
nor materials kept, in any residential district, except as specifically
permitted and regulated in this section.
A.
All motor vehicles shall be in operating condition and under current
license, unless kept within a fully enclosed building, except the
Building Department may grant a resident up to 30 days to procure
a license.
B.
Except where otherwise permitted in this chapter, the off-street
parking of a mobile home for periods exceeding 24 hours on lands not
approved for mobile homes or mobile home parks shall be expressly
prohibited, except that the Building Department may extend temporary
permits allowing the parking of a mobile home in a rear yard on private
property, not to exceed a period of two weeks.
C.
All mobile homes owned by residents of the City of Roseville and stored on their individual lots shall be stored only within the confines of the rear yard or nonrequired interior side yard and shall further respect the requirement of § 370-101 of this chapter, insofar as distances from principal structures, lot lines and easements are concerned.
D.
Any such mobile home so parked or stored shall not be connected to
sanitary facilities and shall not be occupied.
E.
Recreational equipment may be parked anywhere on a residential premises,
not to exceed 72 hours for loading and unloading.
F.
All recreational equipment shall be stored in the rear yard or nonrequired
side yard only, subject to the applicable conditions of this section
regarding accessory buildings, with respect to height, yard coverage
and setbacks.
G.
Recreational equipment parked or stored on residential premises shall
be kept in good repair and carry a current license plate and/or registration.
H.
At no time shall recreational equipment be used for living or housekeeping
purposes, nor may it be connected to water or sanitary sewer facilities.
I.
The outdoor storage of recreational equipment, as defined in this
chapter, on any residential lot or parcel shall be limited to only
that equipment owned by, licensed or registered to the occupant of
the residential lot or parcel on which the equipment is stored.
J.
Except as otherwise permitted in this subsection, a person shall
not park, nor a vehicle's registered owner permit to be parked, any
commercial vehicle as defined in this chapter on any residentially
zoned property in the City for any purpose or length of time other
than for expeditious loading and delivery or pickup and unloading
of materials, goods, or merchandise, or for the purpose of carrying
on a principal use permitted on the property on which the vehicle
is parked.
K.
A commercial vehicle may be parked on residentially zoned property
when all of the following conditions are met.
(1)
The vehicle is used solely as a commercial vehicle for business
purposes.
(2)
The driver of the vehicle is an occupant of the residential
property where the vehicle is parked and is an employee of the business
for which the vehicle is used for commercial purposes.
(3)
The vehicle is that occupant's principal means of transportation
to and from the business where he is employed.
(4)
The vehicle is not a stake truck (with or without stakes in
place), a flatbed truck, a semi trailer-tractor, or semitrailer, dump
truck, tow truck (wrecker), or car hauler or trailer that is used
for commercial purposes.
L.
The owner of residentially zoned property shall not permit a commercial
vehicle to remain on such property in violation of the provisions
of this chapter.
M.
Not more than one commercial vehicle shall be parked on any single-family-zoned
property.
N.
A commercial vehicle that is not in daily use, or which does not
display a current license, shall be housed in a garage.
O.
In those instances where a commercial vehicle is not required to
be housed, the vehicle shall be restricted to a parking space on the
driveway of a single-family-zoned premises where its owner or driver
resides, and shall not be parked closer to the front property line
than 10 feet.
[Amended 9-23-2014 by Ord. No. 1271; 5-12-2015 by Ord. No. 1280]
A.
The intent of this section is to encourage site lighting that will
be attractive to the eye while at the same time adequately illuminating
a site for safety and convenience. It is further the intent of this
section to discourage excessively bright and harsh site illumination
that creates undesirable halo effects on the property, diminishes
the residential environment of abutting and nearby dwellings and presents
a potential hazard to vehicle and pedestrian traffic on abutting streets
and sidewalks.
B.
All exterior site lighting designed and intended to light private
property shall comply with the following applicable requirements.
(1)
Exterior site lighting in nonresidential zoning districts:
(a)
Overall exterior site illumination limitations.
[1]
All outdoor lighting must be so designed and arranged so as not to
shine on adjacent properties or occupied dwellings, or adversely impact
vehicular or pedestrian traffic on nearby streets, drives, walkways,
or general rights-of-way. Outdoor lighting originating on a site must
not exceed 0.5 footcandle at the lot line. Proposed light fixtures
must be down-directed and shielded where necessary. The source of
the illumination (luminaire) must not be visible from adjacent properties
and be International Dark Sky Association compliant. Lights may be
required to be full cutoff where they may impact residential uses.
[2]
Outdoor lighting fixtures must not exceed a height of 30 feet in
height or the height of the principal building on the site, whichever
is less. For development sites abutting properties, lots used or zoned
for one- and two-family residential uses, lights must not exceed a
height of 16 feet. The Planning Commission may modify the height restrictions
in commercial and industrial districts, based on consideration of
the following: the position and height of buildings, the character
of the proposed use; and the character of surrounding land use.
[3]
Where outdoor lighting is required by this chapter, the light intensity
provided at ground level must be a minimum of 0.3 footcandle anywhere
in the area to be illuminated. Light intensity must average a minimum
of 0.5 footcandle over the entire area, measured five feet above the
surface.
(b)
Pole requirements. Freestanding light poles:
[1]
Shall be constructed of metal, concrete, wood laminates or composite
materials and shall be of an architectural nature. Decorative streetlights
and poles are required in the Town Center Overlay District and shall
be approved by the Planning Commission prior to site plan approval.
(c)
Architectural exterior lighting.
[1]
Architectural exterior lighting that is designed and intended only
to enhance the architecture of a building or to highlight a particular
architectural feature of a building, and to provide lighting for no
other purpose, shall consist of:
[a]
Low-wattage luminaire designed to cast soft light only on the
subject.
[b]
The luminaire, when directly visible from a fixture, shall not
be an irritant to pedestrians or to vehicle traffic within the site
or to traffic on adjacent streets, or to residents on any abutting
residential properties.
(d)
Wiring requirements. All electrical service to any exterior light
source shall be placed underground and within the interior of any
canopy structure and shall meet all applicable electrical wiring codes
and ordinances.
(2)
Exterior
site lighting in the multiple-family residential districts.
(a)
Freestanding light fixtures:
[1]
May consist of a low-voltage incandescent luminaire contained in
a decorative light fixture attached to the top of a low-profile yard
type of light pole. All wiring to pole fixtures shall be underground
and shall comply with all applicable electrical codes and ordinances.
(b)
Wall- and roof-mounted fixtures.
[1]
Carports in a multiple-family dwelling development may be lighted
so long as all such lighting is contained in fixtures attached to
the underside of the carport roof. The fixtures shall be placed no
closer to the front of the roof structure than 1/2 the distance from
the rear of the roof structure to the front of the roof structure.
Luminaires shall not exceed 100 watts and may be housed in fixtures
with clear lenses.
[2]
Wall-mounted fixtures shall consist of low-voltage incandescent luminaires
contained in decorative fixtures. Wall-mounted fixtures may be placed
next to the main entrance to a dwelling unit or building entrance
and next to any rear entry.
(3)
General
lighting exemption:
(a)
To request a waiver of up to 20% of the full lighting requirements of this section, an applicant must submit evidence to demonstrate that the waiver or exemption does not result in any unnecessary hardship on surrounding properties, business, and residences, and meets all of the criteria listed in this section. A public hearing shall be held in accordance with § 370-140 of this chapter.
(b)
The Planning Commission may approve such waiver or exemption upon
finding that such waiver or exemption does not result in any unnecessary
hardship on surrounding properties, business, and residences, and
meets all of the criteria listed in this section.
(c)
Although not necessary, an applicant may elect to apply for an exemption
in lighting requirements for projects located in Business and Office
Districts. This application is not applicable for projects located
in zoning districts other than the B-1, B-2, B-3, and OS.
(d)
In approving an exemption in lighting requirements authorized by
this Code, the Planning Commission shall consider and apply the following
criteria:
[1]
The exemption in the lighting requirement is justified by the reasonably
anticipated usage by businesses of and visitors to the project; and
[2]
The exemption in the lighting requirement will not be detrimental
to the health, safety, convenience, or general welfare of persons
residing in or working in the vicinity; and
[3]
The pattern of land use and character of development in the vicinity;
and
[4]
Such other criteria as the Planning Commission deems appropriate
in the circumstances of the particular case.
(4)
Prohibition.
The following is a list of prohibitions:
(a)
Searchlights. The operation of searchlights for advertising purposes
is prohibited between the hours of 11:00 p.m. and sunrise.
(b)
Recreational facilities. No outdoor recreational facility, public
or private, shall be illuminated by nonconforming means after 11:00
p.m., except to conclude a specific recreational or sporting event
or any other activity conducted at a ball park, outdoor amphitheater,
arena, or similar facility in progress prior to 11:00 p.m.
(c)
Outdoor building or landscaping illumination. The unshielded outdoor
illumination of any building, landscaping, signing or other purpose
is prohibited.
(d)
Mercury vapor fixtures.
In all residential districts, so-called "entranceway structures," including, but not limited to, walls, columns and gates marking entrances to single-family subdivisions or multifamily housing projects, may be permitted and may be located in a required yard, except as provided in § 370-104, Corner clearance, provided that such entranceway structures shall comply with all applicable codes of the municipality and shall be approved by the Building Director (or his designee) and a permit issued.
No wall, shrubbery, sign or other obstruction to vision above
a height of three feet from the established street grades shall be
permitted within the triangular area formed at the intersection of
any street right-of-way lines by a straight line drawn between said
right-of-way lines at a distance along each line of 25 feet from their
point of intersection: In the case of a private driveway or public
alley right-of-way, the distance along each line shall not be less
than 15 feet, as depicted in the accompanying drawing, except a freestanding
pylon sign, supported by one, but not more than two, poles, the diameter
of which shall not exceed eight inches and which have at least eight
feet of unobstructed clearance from the ground to the bottom of the
sign, may be permitted.
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RESTRICTED CLEAR CORNER VISION AREAS
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No lot or parcel of land shall be used for any purpose permitted
by this chapter unless said lot or parcel shall front directly upon
a public street, unless otherwise provided for in this chapter.
For uses making reference to this section, vehicular access
shall be provided only to an existing or planned major thoroughfare
or freeway service drive; provided, however, that access driveways
may be permitted to other than a major thoroughfare or freeway service
drive, where such access is provided to a street where the property
directly across the street between the driveway and the major thoroughfare
or freeway service drive is zoned for multiple-family use or any nonresidential
uses, is developed with permanent uses other than single-family residences
or is an area which, in the opinion of the Planning Commission, will
be used for other than single-family purposes in the future. This
exception shall apply only if the Commission finds that there are
special circumstances which indicate that there will be a substantial
improvement in traffic safety by reducing the number of driveways
to a thoroughfare.
The purpose of this section is to serve as a guideline for the
establishment of a harmonious exterior building wall appearance designed
so as to create, enhance and promote a uniform and quality appearing
visual environment in the City of Roseville.
A.
To ensure that thoughtful and proper attention will be given to the
visual appearance of buildings, whenever in this chapter reference
is made to this section, all exterior building walls of all new building(s)
and any accessory building(s) shall consist of the same uniform finish
material(s) as the front facade of the main or principal building(s)
when the building(s) is:
B.
Whenever the exterior building wall materials guidelines set forth
in this section apply, they shall be accompanied by a statement describing
how the selected exterior building wall materials and/or combination
of materials will be consistent with and will enhance the building's
appearance and will be in harmony with the building's on adjacent
parcels.
C.
The exterior building walls of all such buildings coming under the
requirements of this section, shall be constructed of a combination
of one or more of the following materials:
(1)
Masonry materials, including face brick, glazed brick, cut stone,
ceramic tile.
(2)
Precast concrete in form pattern, color treated (not painted)
with earth-tone colors.
(3)
Finished cementitious materials, including finished systems,
stucco.
(4)
Metal materials, including flat sheets, standing seamed, ribbed
panels, stainless steel, porcelain clad.
(5)
Glass products, including, clear, tinted, reflective, glass
block.
(6)
Architectural masonry block materials such as split face and
fluted block, when such materials do not make up more than 25% of
a building wall.
D.
Materials other than those listed above, except cinder block, cement
block, tarred paper, tin, corrugated iron, any form of pressed board
or felt, or like or similar materials, may be permitted in place of,
or in combination with, the above permitted materials when approved
by the Building Department. The Building Department may approve alternative
materials only when it shall determine that such materials shall:
E.
Any permitted outdoor storage of materials or vehicles used in the
manufacture of products on the premises, or in the operation of a
business on the premises, shall be effectively screened from view
in accordance with the requirements set forth in Article 22, in this
chapter.
Signs, as permitted, shall be subject to the standards of the Roseville Sign Ordinance, being Chapter 264 in the Roseville Code of Ordinances, as amended.
Fences, except architectural masonry screen walls, may be erected on any parcel of land, subject to the standards of the Roseville Fence Ordinance, being Chapter 134 in the Roseville Code of Ordinances, as amended.
A.
No portion of a lot or parcel once used in complying with the provisions
of this chapter for yards, lot area per family, density (as for multiple-family
development), or percentage of lot occupancy, in connection with an
existing or proposed building or structure, shall again be used as
a part of the lot or parcel required in connection with any other
building or structure existing or intended to exist at the same time.
B.
Except where otherwise permitted in this chapter, in the R-Residential
Districts, only one single-family detached dwelling unit shall be
permitted per lot or parcel of record.
No use otherwise allowed shall be permitted within any use district
set forth in this chapter which does not conform to applicable performance
standards pertaining to the limiting of smoke, dust, dirt, fly ash,
chemical propellants, glare, radioactivity, fire, explosive hazards,
noise, vibration, odors, and wastes as set forth and regulated by
local, county, state or federal laws.
[Added 10-13-2009 by Ord. No. 1228]
The purpose of this section is to provide a safe, effective,
and efficient use of wind energy turbines in order to reduce the consumption
of fossil fuels in producing electricity; to preserve and protect
public health, safety, welfare, and quality of life by minimizing
the potential adverse impacts of a wind energy turbine; and to establish
standards and procedures by which the siting, design, engineering,
installation, operation, and maintenance of a wind energy turbine
shall be governed.
A.
LARGE WIND ENERGY TURBINE
MEDIUM WIND ENERGY TURBINE
MONOPOLE
SHADOW FLICKER
SMALL WIND ENERGY TURBINE
Definitions. As used in this section, the following terms shall have
the following meanings:
A tower-, structure-, or similar device–mounted wind
energy system that converts wind energy into electricity through the
use of equipment which includes any base, blade, foundation, generator,
nacelle, rotor, tower, transformer, vane, wire, inverter, batteries,
or other components used in the system.
A tower- or similar device–mounted wind energy system
that converts wind energy into electricity through the use of equipment
which includes any base, blade, foundation, generator, nacelle, rotor,
tower, transformer, vane, wire, inverter, batteries, or other components
used in the system and does not exceed 250 kilowatts.
Towers that are constructed of open steel truss work or a
single hollow tube of welded steel.
Alternating changes in light intensity caused by the moving
blade of a wind energy system casting shadows on the ground and stationary
objects, such as a window at a dwelling.
A tower- or similar device–mounted wind energy system
that converts wind energy into electricity through the use of equipment
which includes any base, blade, foundation, generator, nacelle, rotor,
tower, transformer, vane, wire, inverter, batteries, or other components
used in the system. It does not exceed 30 kilowatts.
B.
General regulations:
(1)
Small wind energy systems shall be permitted as a special use
in residential zoning districts.
(2)
Small and medium wind energy systems shall be permitted in Office
Service Zoning Districts as a special use.
(3)
Small, medium and large wind energy systems shall be permitted
in Business and Industrial Zoning Districts as a special use.
(4)
A public hearing is required for all wind energy turbines and/or
systems.
(5)
Small, medium and large wind energy systems shall be permitted
as a special use and subject to the following:
(a)
Height, type, design.
[1]
Only monopole construction shall be permitted.
[2]
The total height of a wind energy system tower or similar device,
including maximum extension of the top of the blade, shall not exceed
the maximum height for structures or devices permitted in the zoning
district.
[3]
Wind energy systems shall be painted a nonreflective, nonobtrusive
color, such as grey, white, or off-white.
[4]
Wind energy systems shall not be artificially lighted, except
to the extent required by the FAA.
[5]
No form of advertising shall be allowed on any part of the wind
energy systems, except for reasonable identification of the manufacturer
or operator of a large wind energy facility.
(b)
Setbacks. A wind energy system tower or similar device shall
be set back a distance equal to its total height from:
[1]
Any public road right-of-way, unless written permission is granted
by the governmental entity having jurisdiction over the road.
[2]
Any overhead utility lines, unless written permission is granted
by the affected utility.
[3]
All property lines, unless written permission is granted from
the affected landowner or neighbor.
[4]
Support cables, if provided, shall be anchored to the ground
no closer than 10 feet to any property line.
(c)
Access.
[1]
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
[2]
The tower or similar device shall be designed and installed
so as not to provide step bolts or a ladder readily accessible to
the public for a minimum height of eight feet above the ground.
(d)
Speed controls. All systems shall be equipped with manual and
automatic over speed controls.
(e)
Electrical wires. All electrical wires associated with a wind
energy system, other than those necessary to connect the wind generator
to the tower or similar device wiring, the tower wiring to the disconnect
junction box, and the grounding wires, shall be located underground.
(f)
Signal interference. No wind energy facility shall be located
in any location where its proximity to existing fixed broadcast, retransmission,
or reception antennas for radio, television, or wireless phone or
other personal communication systems would produce electromagnetic
interference with signal transmission or reception.
(g)
Noise.
[1]
Audible noise or the sound pressure level from the operation
of the wind energy system shall not exceed a rating of 50 dBA, or
the ambient sound pressure level plus 5 dBA, whichever is greater,
for more than 10% of any hour, measured at the property line of the
subject property.
[2]
Proof from the manufacturer that the system is capable of meeting
these noise requirements shall be provided at the time a permit is
requested.
(h)
Shadow flicker.
[1]
At the time a permit is requested, the applicant shall conduct
a written analysis of potential shadow flicker regarding structures
or devices within 300 feet of the wind energy system.
[2]
The analysis shall identify the location of shadow flicker that
may be caused by the wind energy system and the expected durations
of the flicker at these locations from sunrise to sunset over the
course of a year.
[3]
The analysis shall identify problem areas where shadow flicker
may affect the occupants of the structures or devices and describe
measures that shall be taken to eliminate or mitigate the problems
at the time a permit is requested.
(i)
Abandonment.
[1]
A wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
[2]
If the wind energy system is determined to be abandoned, the
owner shall remove the wind generator and tower at the owner's sole
expense within three months of receipt of a notice of abandonment.
(j)
Code compliance. Wind energy systems, including towers, shall
comply with all of the applicable building codes.
(k)
Permit requirements and procedures.
(l)
Inspection. Large and medium wind energy systems shall have
a biannual inspection of structural stability, at the cost of the
owner/operator of the facility, with a report filed with the City
Clerk.
(m)
Penalties.
[1]
Any wind generation facility, turbine, or appurtenant facility
hereinafter significantly erected, moved or structurally altered in
violation of the provisions of this chapter by any person, firm, association,
corporation or their agent shall be deemed an unlawful structure or
device.
[2]
Any wind generation facility that does not meet the requirements
of this chapter shall provide ground for revocation of the special
use permit, thereby deeming the facility an unlawful structure or
device.
[3]
This section does not preclude the City of Roseville from maintaining
any appropriate action to prevent or remove a violation of this section.
[4]
Any violation of this chapter shall constitute a misdemeanor
punishable by jail for a period not to exceed 93 days and/or a fine
of $500.
|
WIND TURBINE COMPONENTS
 |
[Added 11-24-2009 by Ord. No. 1230]
A.
Intent.
(1)
The intent of the Gratiot Avenue Corridor Overlay Zone is to
improve traffic operations; reduce potential for crashes; improve
pedestrian and transit environments; and preserve the vehicular carrying
capacity of Gratiot Avenue through regulations on the number, spacing,
placement and design of access points. Published reports and recommendations
by the Michigan Department of Transportation (MDOT) show a relationship
between the number of access points and the number of crashes.
(2)
Recognizing the existing built character and downtown land use
characteristics in the City of Roseville, this chapter intends to
apply the MDOT access management standards where practical, but to
allow flexibility in their application, given the unique needs of
this more urbanized area. Development along Gratiot Avenue contains
an interconnected grid street pattern and urban building form that
is highly conducive to downtown activity. This section intends to
complement efforts to make Gratiot Avenue through Roseville more walkable
by improving the transit and nonmotorized environments by limiting
the amount of direct access to Gratiot Avenue and thus the number
of potential vehicle-to-pedestrian crashes. The segment of Gratiot
Avenue within Roseville is characterized by a median road design that
naturally restricts turning movements to a single direction, which
present unique traffic operations; therefore, this section places
more emphasis on the design and spacing of driveways from signalized
intersections and median crossovers.
B.
Applicability. This overlay zone shall apply to all land with frontage
along Gratiot Avenue. The following applications must also comply
with the standards in this section.
(1)
New or enlarged building or structure: any new principal building
or structure, or the enlargement of any principal building or structure
by more than 25%.
(2)
Land division, subdivision or site condominium: any land division
or subdivision or site condominium development, including residential
developments.
(3)
Change in use or intensity of use: any intensity of use or any
increase in vehicle trips generated.
C.
Access management standards. The following regulations of this section
shall be considered by the Planning Commission:
(1)
Compliance with corridor plan. Access shall generally be provided
as shown in the Gratiot Avenue Corridor Improvement Plan.
(2)
Number of access points. The number of resulting access points
shall be the fewest necessary to provide reasonable access to the
site. Each lot shall be permitted one access point, which may consist
of an individual driveway, a shared access with an adjacent use, or
access via a service drive.
(3)
Additional access points. Additional access points may be permitted
by the Planning Commission upon finding that all other standards are
met, and/or if a traffic impact study is submitted that justifies
a need for additional access due to safety reasons or where a poor
level of service will result from fewer access points.
(4)
Spacing and offset from intersections. Access points shall be
either directly aligned or spaced/offset as far from intersections
as practical, especially signalized intersections. A minimum spacing
or offset of 150 feet is preferred.
(5)
Consideration of median crossovers. Access points along median
sections of Gratiot Avenue shall be located in consideration of median
crossovers. The City supports MDOT policies to limit the number of
median crossovers to maintain traffic flow and reduce the potential
for accidents. Access points shall directly align with or be offset
a sufficient distance from median crossovers to allow for weaving
across travel lanes and storage within the median. A minimum offset
of 250 feet is preferred.
|
(6)
Spacing of access points on same side of road. Access points
shall provide the following spacing from other access points along
the same side of the public street (measured from center line to center
line as shown on the figure), based on the posted speed limit along
the abutting road segment according to the following table, or where
full compliance cannot be achieved, access shall be spaced as far
apart as practical.
|
Posted Speed limit
(mph)
|
Along Gratiot Avenue*
(feet)
|
Along Other Roads
(feet)
| |
|
35 or less*
|
245
|
150
| |
|
40
|
300
|
185
| |
|
45
|
350
|
230
|
|
NOTES:
| ||
|
*
|
Unless greater spacing is required by MDOT or required to meet
other standards herein.
| |
|
(7)
Consideration of adjacent sites. Where the subject site adjoins
land that may be developed or redeveloped in the future, the access
shall be located to ensure the adjacent site(s) can also meet the
access location standards in the future.
(8)
Shared driveways. Where direct access consistent with the above
regulations cannot be achieved, access should be provided via a shared
driveway or service drive. Where implemented, shared access or service
driveways should be accompanied by an executed access agreement signed
by all affected property owners.
(9)
Access design. Where practical, given right-of-way constraints,
access points shall be designed with radii, tapers and other geometrics
as determined by MDOT that are required to minimize the impacts of
inbound right turns on traffic flow.
D.
Review procedure. Applications shall be processed according to Article XXI, Site Plan Review, and § 370-139, Certificates of occupancy, as appropriate. The Building Official may require Planning Commission review as part of any zoning compliance certificate requests if it is determined that such request does not adhere to the standards of this section.
(1)
Submittal information. Along with any other required information,
developments subject to review shall submit:
(a)
Detailed information showing existing access points on adjacent
sites; proposed access points; changes to existing access; and any
information requested by the City that is needed to review site access.
(b)
The Planning Commission may require submittal of a traffic impact
report, prepared by a qualified traffic engineer, to verify the need
for additional access points or to justify a modification.
(c)
Where it is determined that certain site plan submittal requirements
are not necessary to the review and understanding of the site, the
Planning Commission may waive the site plan requirements and allow
submittal of a scaled drawing that provides sufficient detail to review
site access.
(2)
Modification of plan standards. The Planning Commission may
waive certain requirements of this section upon consideration of the
following:
(a)
The proposed modification is consistent with the general intent
of the standards of this overlay zone and the recommendations of the
Gratiot Avenue Corridor Improvement Plan and published MDOT guidelines.
(b)
MDOT staff endorse the proposed access design.
(c)
Driveway geometrics have been improved to the extent practical
to reduce impacts on through traffic flow.
(d)
The modification is for an access point that has, or is expected
to have, very low traffic volumes (less than 50 inbound and outbound
trips per day) and is not expected to significantly impact safe traffic
operations.
(e)
Shared access has been provided or the applicant has demonstrated
it is not reasonable.
(f)
Such modification is the minimum necessary to provide reasonable
access, will not impair public safety or prevent the logical development
or redevelopment of adjacent sites and is not simply for convenience
of the development.
[Added 4-12-2011 by Ord. No. 1242]
It is recognized that there are certain instances where it would
be in the best interests of the City, as well as advantageous to property
owners seeking a change in zoning boundaries, if certain conditions
could be proposed by property owners as part of a request for rezoning.
It is the intent of this section to provide a process consistent with
the provisions of Section 405 of the Michigan Zoning Enabling Act,
Act 110 of 2006 (MCLA § 125.3405), by which an owner seeking
a rezoning may voluntarily propose conditions regarding the use and/or
development of land as part of the rezoning request.
A.
Application and offer of conditions.
(1)
An owner of land may voluntarily offer, in writing, conditions
relating to the use and/or development of land for which a rezoning
is requested. This offer may be made either at the time the application
for rezoning is filed, or may be made at a later time during the rezoning
process.
(2)
The required application and process for considering a rezoning
request with conditions shall be the same as that for considering
rezoning requests made without any offer of conditions, except as
modified by the requirements of this section.
(3)
The owner's offer of conditions shall bear a reasonable and
rational relationship to the property for which rezoning is requested.
(4)
Any use of development proposed as part of an offer of conditions
that would require a special land use permit under the terms of the
ordinance may only be commenced if a special land use permit for such
use or development is ultimately granted in accordance with the provisions
of this chapter.
(5)
Any use or development proposed as part of an offer of conditions
that require variance under the terms of this chapter may only be
commenced if a variance for such use or development is ultimately
granted by the Zoning Board of Appeals in accordance with the provisions
of this chapter. Any use or development proposed as part of an offer
of conditions that would require site plan approval under the terms
of this chapter may only be commenced if site plan approval for such
use or development is ultimately granted in accordance with the provisions
of this chapter.
(6)
The offer of conditions may be amended during the process of
rezoning consideration, provided that any amended or additional conditions
are entered voluntarily by the owner. An owner may withdraw all or
part of its offer of conditions any time prior to final rezoning action,
provided that if such withdrawal occurs subsequent to the Planning
Commission's public hearing on the original rezoning request, then
the rezoning application shall be referred to the Planning Commission
for a new public hearing with appropriate notice, new recommendation,
and fees.
B.
Planning Commission review. The Planning Commission, after public
hearing and consideration of the factors for rezoning, may recommend
approval, approval with recommended changes or denial of the rezoning;
provided, however, that any recommended changes to the offer of conditions
are acceptable to and thereafter offered by the owner.
C.
City Council review. After receipt of the Planning Commission's recommendations,
the City Council shall deliberate upon the requested rezoning and
may approve or deny the conditional rezoning request. The deliberations
shall include, but not be limited to, a consideration of the factors
for rezoning of this chapter. Should the City Council consider amendments
to the proposed conditional rezoning advisable and if such a contemplated
amendments to the offer of conditions are acceptable to and thereafter
offered by the owner, then the City Council shall, in accordance with
Section 405 of the Michigan Zoning Enabling Act (MCLA § 125.3405),
refer such amendments to the Planning Commission for a report thereon
within a time specified by the City Council and proceed thereafter
in accordance with said statute to deny or approve the conditional
rezoning with or without amendments.
D.
Approval.
(1)
If the City Council finds the rezoning request and offer of
conditions acceptable, the offered conditions shall be incorporated
into a formal written statement of conditions acceptable to the owner
and conforming in form to the provisions of this section. The statement
of conditions shall be incorporated by attachment or otherwise as
an inseparable part of the ordinance adopted by the City Council to
accomplish the requested zoning.
(2)
The statement of conditions shall:
(a)
Be in a form recordable with the Register of Deeds of the county
or, in the alternative, be accompanied by a recordable affidavit or
memorandum prepared and signed by the owner giving notice of the statement
of conditions in a manner acceptable to the City Council.
(b)
Contain a legal description of the land to which it pertains.
(c)
Contain a statement acknowledging that the statement of conditions
runs with the land and is binding upon successor owners of the land.
(d)
Incorporate by attachment or reference any diagram, plans or
other documents submitted or approved by the petitioner that are necessary
to illustrate the implementation of the statement of conditions. If
any such documents are incorporated by reference, the reference shall
specify where the document may be examined.
(e)
Contain a statement acknowledging that the statement of conditions
or an affidavit or memorandum giving notice thereof may be recorded
by the City with the Register of Deeds of the county.
(f)
Contain the notarized signatures of all of the owners of the
subject land preceded by a statement attesting to the fact that they
voluntarily offer and consent to the provisions contained within the
statement of conditions.
(3)
Upon rezoning taking effect, the Zoning Map shall be amended
to reflect the new zoning classification along with a designation
that the land was rezoned with a statement of conditions. The City
Clerk shall maintain a listing of all lands rezoned with a statement
of conditions.
(4)
The approved statement of conditions or an affidavit or memorandum
giving notice thereof shall be filed by the City with the Register
of Deeds of the county. The City Council shall have authority to waive
this requirement if it determines that, given the nature of the conditions
and/or the time frame within which the conditions are to be satisfied,
the recording of such a document would be of no material benefit to
the City or to any subsequent owner of the land.
(5)
Upon the rezoning taking effect, the use of the land so rezoned
shall conform thereafter to all of the requirements regulating use
and development within the new zoning district as modified by any
more restrictive provisions contained in the statement of conditions.
E.
Compliance with conditions.
(1)
Any person who establishes a development or commences a use
upon land that has been rezoned with conditions shall continuously
operate and maintain the development or use in compliance with all
of the conditions set forth in the statement of conditions. Any failure
to comply with a condition contained within the statement of conditions
shall constitute a violation of this chapter and be punishable accordingly.
Additionally, any such violation shall be deemed a nuisance per se
and subject to judicial abatement as provided by law.
(2)
No permit or approval shall be granted under this chapter for
any use or development that is contrary to an applicable statement
of conditions.
F.
Time period for establishing development or use. Unless another time
period is specified in the ordinance rezoning the subject land, the
approved development and/or use of the land pursuant to building and
other required permits must be commenced upon the land within 18 months
after the rezoning took effect and thereafter proceed diligently to
completion. This time limitation may, upon written request, be extended
by the City Council if:
(1)
It is demonstrated to the City Council's reasonable satisfaction
that there is a strong likelihood that the development and/or use
will commence within the period of extension and proceed diligently
thereafter to completion; and
(2)
The City Council finds that there has not been a change in circumstances
that would render the current zoning with statement of conditions
incompatible with other zones and uses in the surrounding area or
otherwise inconsistent with sound zoning policy.
G.
Reversion of zoning. If approved development and/or use of the rezoned land do not occur within the time frame specified under Subsection F above, then the land shall revert to its former zoning classification as set forth in the Michigan Zoning Enabling Act (MCLA § 125.3405). The reversion process shall be initiated by the City Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.
H.
Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to Subsection G above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. The City Clerk shall record with the Register of Deeds of the county that the statement of conditions is no longer in effect.
I.
Amendment of conditions. During the time period for commencement of an approved development or use specified pursuant to Subsection F above or during any extension thereof granted by the City Council, the City shall not add to or alter the conditions in the statement of conditions.
J.
City's right to rezone. Nothing in the statement of conditions nor
in the provisions of this section shall be deemed to prohibit the
City from rezoning all or any portion of land that is subject to a
statement of conditions to another zoning classification. Any rezoning
shall be conducted in compliance with this chapter and the Michigan
Zoning Enabling Act (MCLA § 125.3405).
K.
Failure to offer conditions. The City shall not require an owner
to offer conditions as a requirement for rezoning. The lack of an
offer of conditions shall not affect an owner's rights under this
chapter.
[Added 1-14-2014 by Ord. No. 1265]
A.
The
City of Roseville shall plan, design, construct, operate and maintain
street improvements to provide reasonable and appropriate accommodation
for all potential users of the public right-of-way, in accordance
with the City of Roseville Non-Motorized Transportation Plan and as
funding priorities permit. In furtherance of that policy:
(1)
The City Planning Commission will draft a Non-Motorized Transportation
Plan: Complete Streets for Roseville. This amendment to the City’s
Master Plan will set forth long-range plans for providing complete
streets in the City.
(2)
The Non-Motorized Transportation Plan shall be reviewed at least
every five years or at the same time as the Master Plan, whichever
is more frequent.
(3)
The City will draft a Non-Motorized Transportation Improvements Program
(NMTIP), and after appropriate public review and consideration, City
Council will approve that program and update it on an annual basis.
(4)
The Non-Motorized Transportation Plan will include, at a minimum,
accommodations for accessibility, sidewalks, curb ramps and cuts,
trails and pathways, signage, bicycle routes, bike lanes, transit
facilities and shall incorporate principles of complete streets and
maximize walkable and bikeable streets within the City of Roseville.
(5)
Infrastructure improvements made under the NMTIP will be designed,
constructed, and operated in substantial conformance to the latest
guidelines promulgated by the American Association of State Highway
and Transportation Officials, Institute of Transportation Engineers,
Michigan Department of Transportation, Road Commission for Macomb
County, and the Americans with Disabilities Act of 1990, as amended.
(6)
It will be the goal of the City to reasonably fund the implementation
of the Non-Motorized Transportation Plan, which shall include expending
State Act 51 funds received by the City annually in accordance with
Public Act 135 of 2010, as amended.
B.
Exceptions.
Infrastructure improvements specifically intended for pedestrians,
bicyclists, and transit riders need not be planned nor made where
the City Administrator recommends and City Council approves exceptions.
Such exceptions should generally be considered where:
(1)
Their establishment will be contrary to the public health and safety;
(2)
The cost would result in an unacceptable diminishing of other City
services;
(3)
Bicycles and/or pedestrians are prohibited by law;
(4)
There is no identifiable long-term need;
(5)
Transit operation is not present or likely to occur in the foreseeable
future;
(6)
The cost would be excessively disproportionate to the need or potential
use;
(7)
The project segment length would not result in a meaningful addition
to the nonmotorized network;
(8)
There is no identified long-term need; and/or
(9)
The public works project in question is due to an emergency that
requires near-term action.
[Added 5-13-2014 by Ord. No. 1266]
A.
Purpose.
(1)
The Town Center Overlay District is intended to permit the redevelopment
of specifically defined sites within the area historically identified
as Utica Junction, which is generally bounded by the commercial frontage
on Utica Road from Gratiot Avenue on the south to Birmingham Street
to the north.
(2)
This district is intended to allow for the development of a
fully integrated, mixed-use, pedestrian-oriented town center area,
as designated on the Zoning Map and Master Plan. The intent of the
district is to minimize traffic congestion, infrastructure costs and
environmental degradation by promoting a compact, mixed-use, pedestrian-friendly
community following smart growth principles. Provisions for the town
center district support traditional neighborhood design principles,
which are historically based on urban development from the early colonial
times to the 1940s, including, but not limited to:
(a)
Residential neighborhoods, which are interconnected to all development
by roadways and pedestrianways, with an emphasis on making the entire
area a more walkable community.
(b)
Housing types and uses that are mixed and developed in close
proximity to one another.
(c)
Civic buildings and civic squares, which provide places of assembly
for social activities, in prominent locations that act as landmarks,
symbols and focal points for community identity.
(d)
Recreation and open space, with neighborhood greens, landscaped
streets, woven into roadway and block patterns for the purpose of
providing adequate space for social activity, parks and visual enjoyment.
(e)
The location of dwellings, shops and workplaces in close proximity
to each other, the scale of which accommodates and promotes pedestrian
travel within the community.
B.
Schedule of uses. Use and development of land and buildings shall
only be for the following specified uses, unless otherwise provided
for in this section. Land and/or buildings in the district indicated
at the top of Table 1 may be used for the purposes denoted by the
following abbreviations:
|
P: Permitted Use: Land and buildings in this district may be
used for the purposes listed by right.
| |
|
SLU: Special Land Use: Land and/or buildings in this district may be used for this purpose by obtaining special land use approval when all applicable standards cited in Article XXIII, special land use review requirements and procedures and specific standards are met.
|
|
Table 1
Schedule of Uses
| ||
|---|---|---|
|
Use
|
Utica TCD
| |
|
Residential
| ||
|
Townhouses
|
P
| |
|
Multiple-family dwellings
|
P
| |
|
Senior apartments and senior independent living
|
P
| |
|
Live-work units
|
P
| |
|
Dwellings within mixed-use buildings
|
P
| |
|
Dwellings and workshop space above garages, provided use of
workshop is limited to hobby or permitted home occupation
|
P
| |
|
Home occupations
|
P
| |
|
Retail businesses
| ||
|
Retail businesses which supply commodities on the premises,
such as but not limited to groceries, meats, dairy products, baked
goods or other foods, drugs, dry goods, clothing and notions or hardware.
(Uses up to 25,000 square feet net floor area.)
|
P
| |
|
Retail businesses which supply commodities on the premises,
such as but not limited to groceries, meats, dairy products, baked
goods or other foods, drugs, dry goods, clothing and notions or hardware.
(Uses 25,000 square feet of net floor area or more.)
|
SLU
| |
|
Open-air business, outdoor display and sales accessory to a
permitted retail business, such as nurseries and home improvement
items
|
SLU
| |
|
Restaurants and bars
| ||
|
Standard sit-down restaurants and taverns without drive-through
service
|
SLU
| |
|
Restaurants and taverns with outdoor seating
|
SLU
| |
|
Restaurants with open front windows
|
SLU
| |
|
Carry-out restaurants
|
SLU
| |
|
Cocktail lounge/night club (not including adult regulated)
|
SLU
| |
|
Banquet halls
|
SLU
| |
|
Service uses
| ||
|
Service establishment of an office, showroom or workshop nature
of an electrician, decorator, dressmaker, tailor, baker, painter,
upholsterer or an establishment doing home appliance/electronic repair,
photographic reproduction, and similar service establishments that
require a retail adjunct
|
P
| |
|
Dry cleaning establishments or pick-up stations dealing directly
with the consumer. Central dry cleaning plants serving more than one
retail outlet shall be prohibited.
|
P
| |
|
Hotels
|
P
| |
|
Bed-and-breakfast inns
|
P
| |
|
Personal service establishment, including barber shops, beauty
shops and health salons
|
P
| |
|
Pet grooming and training with no boarding of animals
|
SLU
| |
|
Office, financial, medical and human care uses
| ||
|
Offices for executive, administrative, professional, accounting,
brokerage, insurance, writing, clerical, drafting and sales uses
|
P
| |
|
Banks, credit unions, savings and loan associations without
drive-through facilities
|
P
| |
|
Business services such as mailing, copying, data processing
and retail office supplies
|
P
| |
|
Day-care centers for children
|
SLU
| |
|
Adult day-care homes
|
SLU
| |
|
Veterinary clinics, not including animal boarding
|
SLU
| |
|
Institutional, governmental and quasi-public
| ||
|
Civic buildings, libraries, parks and civic squares, which provide
places of assembly for social activities, in prominent locations that
act as landmarks, symbols and focal points for community identity
|
P
| |
|
Governmental offices or other governmental uses, post offices,
public utility offices, exchanges and transformer stations
|
P
| |
|
Recreational uses
| ||
|
Amusement arcades which provide space for patrons to engage
in playing of mechanical amusement devices or similar activities
|
SLU
| |
|
Bowling alleys, billiard halls, indoor archery ranges, indoor
tennis courts, indoor soccer facilities, indoor skating rinks or similar
forms of indoor commercial recreation up to 30,000 square feet gross
floor area
|
P
| |
|
Health clubs and related uses, including gyms, martial arts
instruction, gymnasiums up to 30,000 square feet gross floor area
|
SLU
| |
|
Public or private noncommercial recreational areas, institutional
or community recreation centers and swimming pool clubs
|
P
| |
|
Theaters, assembly halls, concert halls or similar places of
assembly with seating capacity up to 750 people or parking for not
more than 200 vehicles
|
P
| |
C.
Requirements applicable to all uses. All uses permitted by right
or by special land use approval shall be required to meet the following
requirements:
(1)
Dealing directly with consumers. All permitted retail or service
establishments shall deal directly with consumers. All goods produced
on the premises shall be sold at retail on the premises where produced.
(2)
Conducted within enclosed buildings. All business, servicing
or processing, except for off-street parking, loading and approved
open air uses, shall be conducted within completely enclosed buildings.
D.
Standards applicable to specific uses. Uses allowed in the Town Center
Overly District shall be subject to meeting the following specific
requirements applicable to that use:
(1)
Dwellings within mixed-use buildings. Dwellings within mixed-use
buildings that also contain space for commercial or office shall be
subject to the following conditions:
(a)
No dwelling units shall occupy any portion of a commercial or
office building at ground level or below ground level. A commercial
or office business may occupy any number of the total floors.
(b)
In those instances where a residential use is proposed to occupy
the same floor as an office or commercial business, the Planning Commission
shall review and approve the mixed-use floor based on findings related
to the compatibility of the residential use and the office or commercial
business. These findings may include, but are not limited to:
(c)
Each dwelling unit shall have a minimum floor area of not less
than 600 square feet.
(2)
Open-air business. Open-air business uses shall be subject to
the following:
(a)
The outdoor display and sales shall be accessory to a principal
permitted retail use with a building on the site.
(b)
All outdoor display and sales areas shall be paved with a permanent,
durable and dustless surface and shall be graded and drained to dispose
of stormwater without negatively impacting adjacent property.
(c)
Any approved outdoor sales or display within a parking lot shall
meet the required parking lot setback; provided the Planning Commission
may require additional landscaping, screening or ornamental fencing.
(d)
Any stockpiles of soils, fertilizer or similar loosely packaged
materials shall be sufficiently covered or contained to prevent dust
or blowing of materials.
(3)
Restaurants. Restaurants shall be designed to minimize any impact from noise and odors on nearby residential uses. This may include limiting hours of operation, noise insulation, enclosed storage of waste receptacles and ventilation filters. Outdoor restaurants and cafes shall also be subject to the requirements of Subsection D(4) of this section.
(4)
Outdoor restaurants and cafes. Outdoor restaurants and cafes shall be subject to the following requirements, in addition to Subsection D(3) of this section:
(a)
An outdoor restaurant or cafe may be set up and used during
the months of April through October.
(b)
A site drawing showing a detailed plan of the outdoor restaurant
or cafe shall be administratively approved by the City. The City will
review the site plan in order to ensure the following traffic and
pedestrian safety measures:
[1]
Any sidewalk or open space used for the outdoor
restaurant or cafe is immediately adjacent to the applicant restaurant,
provided that the cafe may be separated from the restaurant by the
main pedestrian walkway along the public sidewalk.
[2]
The use of a sidewalk or open space for the outdoor
restaurant or cafe allows a minimum pedestrian walkway of five feet.
[3]
Any tables, chairs, umbrellas or other equipment
shall not extend into or over the five-foot-wide pedestrian walkway,
and there shall be no barriers to pedestrian visibility. The number,
size and location of tables, chairs and equipment shall be administratively
approved by the City.
[4]
If alcohol is to be served in conjunction with
the proposed outdoor restaurant or cafe, barriers designating the
service area, as required by the Michigan Liquor Control Commission,
will be utilized. If no alcohol is to be served, a barrier approved
by the City will be utilized between the service area and the pedestrian
right-of-way.
(c)
The outdoor restaurant or cafe must be part of a licensed full-service
restaurant and it must meet all of the requirements of, and secure
all of the necessary permits from, the Macomb County Health Department
and the Michigan Liquor Control Commission.
(d)
Liability insurance and property damage coverage, naming the
City of Roseville as an insured party, in an amount approved by the
city, must be provided before an outdoor restaurant or cafe may be
set up.
(e)
Final approval by the appropriate City department is required
for any seating placed within the public right-of-way.
(5)
Day-care centers. In addition to the requirements noted in Article XI, § 370-22(C)(1), day-care centers for children shall be subject to the following:
(a)
The facility shall have received a state license to operate
prior to seeking a special use permit under this title. A copy of
the license must be filed with the Building Department as a condition
of special land use approval.
(b)
Not less than 400 square feet of outdoor play area per child
(as authorized by the license issued to the applicant by the Department
of Human Services), shall be provided on the site.
(c)
The outdoor play area shall not be located in the front yard.
(d)
Screening and fencing of the outdoor play area shall be provided
as required by the Planning Commission.
(e)
Parking shall be provided to allow for direct dropoff and pickup
of children without requiring children to cross streets.
(6)
Adult foster care family homes. Day-care homes for elderly adults
shall be subject to the following conditions:
(a)
No more than six persons, other than full-time occupants of
the dwelling, may be cared for in any one dwelling.
(b)
Certification shall be provided from the Michigan Association
of Day-Care Providers to ensure safety and quality of care.
(c)
Day-care facilities shall not provide nursing or medical care.
(7)
Amusement arcades. Amusement arcades which provide space for
patrons to engage in playing of electronic and mechanical amusement
devices or similar activities shall be subject to the following:
(a)
Locations for any such establishment shall be confined to county
primary streets and shall have the entrance to both the business and
parking area for such establishment on the county primary street.
Access from a side or residential street shall be prohibited.
(8)
Table 2 delineates the height, bulk, and setback requirements
pertaining to the type of building. Notes to the schedule of regulations
follow.
|
Table 2
Schedule of Town Center Overlay District Regulations
| ||
|---|---|---|
|
Mixed-Use, Apartment and Nonresidential Buildings
| ||
|
Lot area
|
There is no required minimum lot area.
| |
|
Lot width
|
There is no required minimum lot width.
| |
|
Residential density
|
Apartment (residential only) 25 units per acre maximum. Dwellings
above the first floor in commercial/mixed-use buildings: 30 units
per acre maximum.
| |
|
Front yard and building frontage requirements
|
Zero front yard setback; five-foot maximum front yard. The building
facade shall be built to within 10 feet of the front lot line for
a minimum of 60% of the street frontage length. (a, b, c)
| |
|
Side yard
|
A zero side setback may be permitted where a fire wall is provided
along the side lot line. Where a fire wall is not provided, buildings
shall be spaced a minimum of 10 feet.
| |
|
Rear yard
|
20-foot minimum rear yard setback
| |
|
Building height
|
20-foot minimum building height; 40-foot/4 stories maximum building
height The first story shall be a minimum of 14 feet in height.
| |
|
Notes:
| ||||
|
(a)
|
Mixed-use, apartment and nonresidential buildings front yard
building setback exceptions. All mixed-use, apartment and nonresidential
buildings shall have 60% of the length of the ground level street-facing
building facade built within five feet of the front lot line. Exceptions
are permitted to allow a greater amount of the building to be set
back when the front yard area, or forecourt, is used for one or more
purposes listed below:
| |||
|
[1]
|
Widening the sidewalk along the frontage of the building;
| |||
|
[2]
|
Providing a public gathering area or plaza that offers seating,
landscape enhancements, public information and displays, fountains,
or other pedestrian amenities;
| |||
|
[3]
|
Accommodating an inset entranceway to the building;
| |||
|
[4]
|
Providing outdoor seating for the proposed use;
| |||
|
[5]
|
The building is used for public or quasi-public/institutional
purposes with a plaza or open space area provided in the front yard;
| |||
|
[6]
|
Driveway or pedestrian access to parking at the rear of the
building;
| |||
|
[7]
|
Side yard parking along no more than 40% of the frontage subject to the requirements of Subsection B of this section;
| |||
|
[8]
|
Where older residential structures have been converted to a
nonresidential or mixed use and are to be retained.
| |||
|
(b)
|
Parking. Parking lots shall meet the following requirements:
| |||
|
[1]
|
Parking is permitted only in side and rear yards. When parking
is located in a side yard (behind the front building line) and has
frontage on a public right-of-way, no more than 40% of the total site's
frontage shall be occupied by parking. Parking in the side yard shall
be screened by a three-foot-tall brick screen wall between the sidewalk
and the parking lot. The planning commission may permit a hedge row
or ornamental wrought iron fence instead of a brick wall.
| |||
|
[2]
|
Where a parking deck is provided or parking is located on the
ground level below a building, at least 60% of the site's frontage
shall be occupied by usable building space to a depth of at least
20 feet.
| |||
|
[3]
|
Parking lot design shall conform to the requirements of § 370-77, Off-street parking space layout standards. Because the regulations of this section are intended to encourage pedestrian-transit-friendly design and compact mixed-use development that requires less reliance on automobiles, the amount of parking required by § 370-76 may be reduced by 30%.
| |||
|
[4]
|
Where parking is visible from a street, it shall be screened by a three-foot-tall brick screen wall located between the parking lot and the sidewalk. The planning commission may permit a hedge row or ornamental wrought iron or similar ornamental fence instead of a brick wall. Where a parking lot for a nonresidential use is adjacent to a residential use, a six-foot-tall brick screen wall shall be provided between the parking lot, including drives, and the residential use instead of the greenbelt required by Article XX. Where the commercial parking lot is separated from the residential use by an alley, then the screen wall may be reduced to three feet in height; provided, however, the planning commission may also require a six-foot-tall brick wall on the residential side of the alley. Parking lot landscaping shall be provided as required by § 370-93, except the area of landscape islands and number of parking lot trees may be reduced to one-half the normal requirement for parking that is located in the rear yard.
| |||
|
(c)
|
Civic uses. Sites developed with civic uses such as schools,
churches, libraries, government offices and parks require specific
architectural treatment and design that is unique from other uses.
The planning commission may permit modifications to the dimensional
and building height requirements as part of the site plan review.
In considering the modifications, the planning commission shall determine
that the design of the building, location of the building and parking,
and the relationship of the site design to the streetscape and adjacent
buildings are in keeping with the intended character of the Roseville
Town Center District.
| |||
E.
Commercial architectural requirements. Nonresidential buildings and
mixed-use buildings (with residential in upper floors) shall meet
the following architectural design requirements:
(1)
Building types permitted. Nonresidential and mixed-use buildings
shall be designed with traditional styles of architecture characteristic
of a Midwestern small town. Buildings shall front onto the sidewalk
with windows, doors, and architectural detailing customary of traditional
storefronts, and contain varying materials and appearances.
(2)
Front facade requirements. Walls that face a public street shall
include windows and architectural features customarily found on the
front of a building, such as awnings, cornice work, edge detailing
or decorative finish materials.
(a)
Blank walls shall not face a public street;
(b)
Entrances.
[1]
All buildings shall have a main entrance that is
located on at least one street front.
[2]
The entrance to the sidewalk shall be usable, and
all retail and service uses shall maintain a customer entrance to
the sidewalk.
[3]
Entrances for upper story offices or residential
units shall be to the sidewalk.
[4]
Main entrances shall have design details that enhance
the appearance and prominence of the entrance so that it is recognizable
from the street and parking areas.
[5]
For buildings longer than 100 feet, there shall
be a minimum of one usable entrance every full 50 feet of frontage
along the front public sidewalk and shall provide architectural variation
to visually break the building up.
[6]
For office service uses, the entrance must be on
the first floor of the building.
(3)
Corner buildings. Buildings situated at a corner shall possess
a level of architectural design that incorporates accents and details
that accentuate its prominent location. This can be accomplished through
height projections incorporated into a design feature such as additional
height, a building peak, tower, or similar accent with the highest
point located at the intersecting corner. Alternatively, a pedestrian
plaza may be provided at the corner of the intersecting streets. A
main entrance must be on a street-facing wall and either at the corner
or within 25 feet of the corner.
(4)
Building materials. The following exterior finish materials
are required on the front facade and any facade facing a street or
parking area. These requirements do not include areas devoted to windows
and doors.
(a)
All walls exposed to public view from the street or parking
area shall be constructed of not less than sixty-percent brick or
stone. Panel brick and tilt-up brick textured paneling shall not be
permitted.
(b)
The remaining facade may include wood or fiber cement siding.
Exterior finish insulation systems (EFIS) may be used for architectural
detailing above the first floor. Vinyl siding may be used on walls
above the height of eight feet.
(c)
Buildings that have upper stories shall be designed to create
a distinct and separated ground floor area through the use of accent
such as a cornice, change in material or textures, or an awning or
canopy between the first and second stories.
(5)
Windows and doors.
(a)
Storefront/ground floor. Storefronts shall have windows, doorways
and signage which are integrally designed and painted. No less than
70% of the storefront/ground floor facade shall be clear glass panels
and doorway. Glass areas on storefronts shall be clear or lightly
tinted. Mirrored glass is prohibited. Required window areas shall
be either windows that allow views into retail space, working areas
or lobbies, pedestrian entrances, or display windows set into the
wall. Windows shall not be blocked with opaque materials or the back
of shelving units or signs. The bottom of the window must be no more
than three feet above the adjacent exterior grade.
(b)
Entranceway. The front entranceway shall be inset a minimum
of three feet but not less than six inches greater than the entrance
door swing from the front building wall.
(c)
Upper story. Openings above the first story shall be a maximum
of 50% of the total facade area. Windows shall be vertical in proportion.
(6)
Roof design.
(a)
Unless otherwise approved by the planning commission, buildings
should have a flat roof appearance from the street with a decorative
cornice that is designed proportionate to the size of the building
and length of the wall.
(b)
The planning commission may permit a pitched roof.
(c)
Flat roofs shall be enclosed by parapets.
(d)
All rooftop-mounted equipment shall be screened from view on
all sides of the building.
(e)
Parapets and other screening treatment shall use high-quality
building materials and shall blend with the design of the building
in terms of color, materials, scale and height.
(7)
Awnings. Storefronts may be supplemented by awnings, which give
shade and shelter or add color and visual interest to the entry or
display window of the storefront, provided that the following conditions
are met:
(a)
Awnings may project over the public sidewalk with a minimum
eight-foot clearance provided from the sidewalk, but must be a minimum
of five feet from the street curb.
(b)
Awnings shall be positioned immediately above the ground floor
window area of the facade and have a straight shed that projects from
the building at a straight angle with open sides.
(c)
Awnings shall be constructed of a durable material such as canvas
or other similar material approved by the Building Official that will
not fade or tear easily. Plasticized, vinyl, rigid, cubed or curved
awnings or mansard-style canopies are prohibited.
(d)
Awnings shall not be internally illuminated, and any signs may
only be illuminated by fixtures located above the awning and directed
downward.
(e)
Awnings must be installed in accordance with building code requirements.
(8)
Converted dwellings. Where buildings that were originally constructed
for one-family residential purposes have been converted to nonresidential
uses, the building design requirements of this subsection may be modified
by the City where consistent with the historic character of the building.
Such modifications may include allowing the use of siding in lieu
of masonry materials and residential fenestration (windows) in lieu
of the requirement for storefront windows on the first floor. The
building shall be brought into compliance with the building code.
F.
Residential architectural requirements. Townhouses shall meet the
following architectural design requirements:
(1)
Building design. Residential buildings shall utilize high-quality
traditional architecture, such as but not limited to: Arts and Crafts,
Colonial, Gothic Revival, Italianate, Tudor, Victorian and other traditional
styles characteristic of the Midwestern United States.
(2)
Building elevations. As part of a subdivision, condominium or
multiple-family site plan application, typical elevations shall be
approved by the planning commission as part of the development's design
guidelines or pattern book.
(3)
Front facade. All residential units shall provide a pedestrian
door facing the front lot line.
(a)
All dwellings shall include a front porch with steps. The porch
shall have a minimum depth of six feet and a minimum area of 72 square
feet. A stoop or porch (plus steps) shall not extend any nearer than
three feet to the sidewalk in front of the lot.
(b)
The first floor elevation shall be no less than 24 inches above
the exterior sidewalk elevation in front of the building. Ramps for
accessibility are permitted to encroach into the front yard setback.
(c)
The front facade of all residential units shall be at least
fifteen-percent windows or doors.
(4)
Building material. All buildings shall utilize high-quality
building materials that are in keeping with traditional architectural
styles. Permitted wall materials include brick, stone, wood, and fiber
cement siding. Vinyl siding may be permitted only above the first
floor.
(5)
Accessory buildings. Detached garages shall be located in the rear yard and may be accessed by a rear alley or in one-family dwellings by a driveway that runs from the front yard to the rear along the side of the dwelling. Detached garages and other accessory buildings located in the rear yard shall be set back a minimum of three feet from the rear and side lot lines and 10 feet from the main building. Accessory buildings and structures shall be subject to the regulations of § 370-100; except accessory buildings may be up to two stories and 20 feet in height. If an accessory apartment is proposed within an accessory building, a permit shall be required from the City for the installation of a bathroom or kitchen.
(6)
Attached garages. Attached garages may only be permitted on
the rear side of the building where the garage is accessed from a
rear alley.
G.
Modifications to architectural requirements. The planning commission
may approve deviations to the architectural requirements to allow
for creativity and flexibility in development and design. Each deviation
shall require a finding that the design standard sought to be deviated
from would, if no deviation was permitted, prohibit an enhancement
that would be in the public interest. A front elevation drawing of
the proposed building shall be provided superimposed on a color drawing
or photograph of the entire block and adjacent blocks in both directions
showing the relation of the proposed building design to other buildings
along the street, which shall be utilized to evaluate the proposed
building design based upon all of the following criteria:
(1)
Innovations in architectural design may be permitted, provided
the building design shall be in keeping with the desired character
of the town center area, as articulated in the City of Roseville Master
Plan and the City of Roseville Utica Town Center design guidelines.
(2)
The building shall be oriented towards the front sidewalk and
maintain or enhance the continuity of the pedestrian-oriented environment.
A modification shall not result in an increased dominance of vehicular
parking or garage doors along the front of the building.
(3)
The roof design shall not be out of character with other buildings
along the block and shall be within the minimum and maximum height
requirements of the district.
(4)
The exterior finish materials shall be of equal or better quality
and durability as those permitted herein, with the intent to allow
for new technologies in building material while maintaining the desired
character of the town center area.
(5)
Ground floor windows shall be provided along the front sidewalk
to maintain the pedestrian orientation of the streetscape, and upper
story windows shall not be incompatible with the rhythm and proportions
of windows on other buildings along the block.
H.
Streetscape design requirements.
(1)
Street design standards. All streets shall be constructed to
meet the requirements of the City of Roseville, including the City
engineering design standards and the Utica Town Central design guidelines,
except as provided for in this section.
(a)
Streets shall meet City requirements for roadway width, except
bump-outs may be permitted at intersections, crosswalks and at intermediate
points along long blocks to enhance pedestrian safety.
(2)
Traffic calming. The use of traffic-calming devices such as
raised intersections, lateral shifts, and traffic circles are encouraged
as alternatives to conventional traffic control measures. Whenever
a conflict exists between design priority for pedestrian usage and
vehicular level of service, the conflict shall be resolved in favor
of the pedestrian; provided the design results in the safest possible
design for both vehicles and pedestrians.
(3)
Sidewalks.
(a)
Sidewalks along the frontage of nonresidential buildings shall
be a minimum of fourteen-foot-wide concrete or brick pavers and provided
consistently on both sides of the street. The planning commission
may allow the sidewalk width to be reduced to not less than eight
feet for frontages that will not be occupied by uses having sidewalk
cafes.
(b)
Sidewalks along the frontage of residential buildings shall
be a minimum of five-foot-wide concrete and provided on both sides
of the street.
(c)
Sidewalks shall be seven feet wide where abutting a parking
space or a road curb.
(4)
Street trees. One canopy tree shall be provided for every 40
feet of frontage, planted within planters, tree grates within the
sidewalk, or within a five-foot-wide green planting strip located
between the curb and sidewalk.
(5)
Street lights. Pedestrian-level street lighting of a decorative
nature shall be installed along all sidewalks and parking areas and
shall be designed to promote the traditional neighborhood character
of the area.
(b)
Pedestrian-level lighting fixtures shall not exceed 16 feet
in height and shall be placed along the sidewalks and parking areas
in accordance with the City engineering standards. Eighteen-foot-tall,
double-arm light fixtures may be permitted adjacent to intersections.
(c)
Street lighting for vehicular traffic, in addition to, or in
combination with, pedestrian-level lighting may be required. In the
event that vehicular traffic street lighting is required, such lighting
shall be installed in accordance with the City engineering standards.
(d)
Building wall and freestanding exterior lighting shall be directed
downward in order to reduce the glare onto adjacent properties and
streets.
[Added 10-13-2020 by Ord. No. 1319; amended 6-28-2022 by Ord. No. 1329]
A.
Legislative intent.
(1)
In 2016, the Michigan Legislature enacted the Medical Marihuana Facilities Licensing Act, MCL § 333.27101 et seq., and the Marihuana Tracking Act, MCL § 333.27901 et seq. In 2018, the Michigan legislature enacted the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL § 333.27951 et seq. The provisions in this section of the Zoning Ordinance, as well as those in other sections of the Zoning Ordinance relating to the subject of marihuana, are adopted for the purposes and with the intent set forth in the City of Roseville Medical Marihuana Facilities Regulation and Permit Ordinance (being Chapter 192, Article II), and the City of Roseville Recreational Marihuana Facilities Ordinance (being Chapter 192, Article III), and sections of said ordinances incorporated within.
(2)
Except as may be required by law or regulation, it is not the
intent of this section to diminish, abrogate, or restrict the protections
for medical uses of marihuana found in the Michigan Medical Marihuana
Act, the Medical Marihuana Facilities Licensing Act ("MMFLA"), the
Marihuana Tracking Act, and Michigan Regulation and Taxation of Marihuana
Act ("MRTMA").
(3)
It is further the intent of this section to permit marihuana
facilities within a specific area that is located entirely within
the Light Industrial District (I-1), General Industrial District (I-2),
certain B-1, B-2 and B-3 District areas as identified in the Marihuana
Facilities Overlay District boundary which will be shown on the City
of Roseville Zoning Map.
B.
Operation without license prohibited. Every marihuana facility in the City of Roseville shall be licensed pursuant to the terms and provisions set forth in Chapter 192. No person shall operate a marihuana facility in the City without first obtaining a license for the marihuana facility from the City Clerk. A marihuana facility operating without a license under the provisions of Chapter 192, or without a state license or approval pursuant to the MMFLA or MRTMA, as amended from time to time, is hereby declared a public nuisance and may be subject to additional civil and criminal actions. License applications are reviewed and approved by the City Council.
C.
Approved site plan required.
(1)
Use of any property or existing structure as a marihuana facility
requires an approved site plan. All site plans, regardless of new
or existing, shall be submitted to the City and meet all the requirements
of the Zoning Ordinance and be in compliance with the City's
Site Plan Review Checklist. This shall include the specific requirements
for landscape plans, lighting plans and exterior building materials
as set forth in the Zoning Ordinance. Any change in use to a marihuana
facility which requires an increase in parking spaces beyond the capacity
of what is currently provided on the subject property is subject to
site plan approval following the requirements and procedures in the
Zoning Ordinance.
(2)
If a new site plan is submitted, it shall be reviewed by the Planning Commission, and the Planning Commission shall make a recommendation to the City Council. The Planning Commission hold at least one public hearing as required by statute, review the site plan to determine compliance with the requirements of the Zoning Ordinance, Chapter 192 of the Roseville Code of Ordinances, and all other applicable laws and ordinances. Once the site plan has received a recommendation from the Planning Commission, it shall be forwarded to the City Council for final action. The City Council will consider and take final action on the site plan and the marihuana facility license. If a new site plan is not required by this section, the application for license may be made directly to the City Council with the existing site plan or as-built survey drawings, with review following the procedures and standards of Chapter 192.
D.
License application evaluation. The City Council itself and/or with the assistance of designees shall assess and evaluate all applications for a marihuana facility license submitted according to the provisions of Chapter 192.
E.
Maximum number of facilities. When reviewing a site plan for a marihuana facility, the City shall acknowledge the maximum number of licenses that can be issued for facilities as provided in Chapter 192.
F.
Facilities buffering, dispersion, and other requirements. When reviewing
a site plan for a new marihuana facility, the following shall apply:
(1)
The entire parcel upon which the marihuana facility is to be
situated shall be fully compliant with the Zoning Ordinance.
(2)
The parcel upon which the marihuana facility is to be situated
shall be entirely within the boundaries of the Marihuana Facilities
Overlay of the Industrial Zoning District as delineated on the Zoning
Map.
(3)
For purposes of calculating the following buffering and dispersion
requirements, the distance specified below shall be measured from
the nearest property line of the buffered use to the building footprint
of the marihuana facility. The distance from the buffered use's
nearest property line to the building footprint of the marihuana facility
shall be included in the permit application. The marihuana facility
building must be at least 1,000 feet away from the following:
(a)
A public or private prekindergarten, elementary or secondary
school building;
(b)
A public park with playground equipment;
(c)
A commercial child-care organization building (non-home occupation)
that is required to be licensed or registered with the Michigan Department
of Health and Human Services, or its sucessory agency;
(d)
A religious institution building that is defined as tax-exempt
by the City Assessing Department;
(e)
A building in which substance abuse prevention services, substance
abuse treatment, or substance abuse rehabilitation services are provided
as those terms are defined in MCL § 333.6101 et seq., as
amended.[1]
[1]
Editor's Note: MCL §§ 333.6101 to 333.6141
were repealed by P.A. 2012, No. 500, § 1(a), effective 12-28-2012.
(4)
A marihuana facility building shall be at least 500 feet away
from single-family residentially zoned properties and 400 feet from
multiple-family residentially zoned properties.
(5)
A marihuana facility shall not be located within the same building
or unit occupied by any other type of business, unless co-located
compliant with the MMFLA and/or MRTMA and other marihuana facility
use.
(7)
A medical marihuana facility or any recreation marihuana facility may co-locate their marihuana facility within the same building or parcel if compliant with state law. Each type of marihuana facility, subject to licenses, requires separate City applications and permits pursuant to Chapter 192.
(8)
All marihuana facilities shall include odor control methods
that follow industry best practices for removal of odor outside of
a marihuana facility. Such methods shall be subject to approval of
the Planning Commission, including but not limited to activated carbon
filters/scrubbers, internal exhaust fans, odor neutralizers, and air
purifiers, to be included as part of their license application and
approved site plan as required on a case-by-case basis by the Planning
Commission. Ozone generators shall not be permitted as an odor neutralization
method.
(9)
No marihuana facility shall be operated in a manner creating
noise, dust, vibration, glare, fumes, or odors detectable to normal
senses beyond the boundaries of the property on which the marihuana
facility is operated, or any other nuisance that hinders the public
health, safety, and welfare of the residents of the City of Roseville.
G.
Minimum conditions. Except as may be preempted by state law or regulation,
the following minimum zoning standards apply.
(1)
Generally.
(a)
Marihuana facilities are only permitted within the specific
area that is located entirely within the General Industrial District
(I-2) and certain B-1, B-2 and B-3 District areas as identified in
the Marihuana Facilities Overlay District boundaries, which will be
shown on the City of Roseville's Zoning Map.
(b)
Permitted uses. Marihuana facilities subject to the requirements of Chapter 192 are permitted in the Marihuana Facilities Overlay District.
(d)
Required conditions. Required conditions shall be the same as § 370-50 of the Zoning Ordinance, unless otherwise modified by Chapter 192 of the Roseville Code of Ordinances. All other provisions that apply to the applicable zoning classification shall also apply to the Marihuana Facilities Overlay District, unless otherwise modified, supplemented or excluded by Chapter 192 of the Roseville Code of Ordinances.
(2)
Medical marihuana provisioning centers, recreational marihuana
retailers, and recretational marihuana microbusinesses.
(b)
Unless permitted by the MMFLA or MRTMA, public or common areas
of the medical marihuana provisioning center, recreational marihuana
retailer, or recreational marihuana microbusiness must be separated
from restricted or nonpublic areas of the medical marihuana provisioning
center, recreational marihuana retailer, or recreational marihuana
microbusiness by a permanently locked barrier. Unless permitted by
the MMFLA or MRTMA, no marihuana is permitted to be stored, displayed,
or transferred in an area accessible to the general public.
(c)
All marihuana storage areas within the marihuana facility must
be separated from any customer/patient areas by a permanent barrier.
Unless permitted by the MMFLA or MRTMA, no marihuana is permitted
to be stored in an area accessible by the general public or customers/patients.
Marihuana may be displayed in a sales area only if permitted by the
MMFLA or MRTMA.
(d)
Marihuana shall not be permitted to be stored in trailers or
sheds or other accessory structures to the principal building.
(e)
No medical marihuana provisioning center, recreational marihuana
retailer, or recreational marihuana microbusiness shall be open between
the hours of 9:00 p.m. and 7:00 a.m.
(f)
Drive-through windows and outdoor services on the premises of
a medical marihuana provisioning center, recreational marihuana retailer,
or recreational marihuana microbusiness shall be prohibited. Outdoor
seating is not permitted.
(g)
All disposal systems for spent water and spent soil shall be
approved by the City.
(3)
Medical/recreational marihuana grower facility.
(a)
The entire parcel upon which the marihuana facility is to be
situtated must be properly situated and zoned for marihuana facility
zoning.
(b)
Marihuana grower facilities shall produce no products other
than usable marihuana intended for human consumption.
(c)
Co-locations of a growing facility with another permitted marihuana
facility use shall be allowed in compliance with state law.
(e)
All activity related to the grower facility shall be done indoors.
(f)
Marihuana shall be contained within a locked marihuana facility,
including all interior doors, all windows and points of entry and
exit, with commercial grade nonresidential locks and with a monitored
alarm system. Marihuana shall not be permitted to be stored in trailers,
sheds, or other accessory structures to the principal building.
(g)
Floors, walls, and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair.
(h)
There shall be adequate screening or other protection against
the entry of pests. Rubbish shall be disposed of so as to minimize
the development of odor; minimize the potential for the waste development
of odor; and minimize the potential for waste becoming an attractant,
harborage or breeding places for pests.
(i)
Litter and waste shall be properly removed and the operating
systems for waste disposal maintained in an adequate manner so that
they do not constitute a source of contamination in areas where marihuana
is exposed.
(j)
All disposal systems for spent water and spent soil shall be
approved by the City, and by-product materials, soils, plant materials,
and other materials shall be stored indoors until pickup for disposal.
(k)
Venting of marihuana odors into the areas surrounding the marihuana
grower facility is prohibited.
(4)
Marihuana safety compliance facility.
(a)
The entire parcel upon which the marihuana facility is to be
situtated shall be properly situated and zoned for marihuana facilities.
(b)
There shall be no other accessory uses permitted within the
same marihuana facility other than those associated with testing marihuana.
(d)
All marihuana shall be contained within the building in an enclosed,
locked marihuana facility in accordance with the MMFLA, MTA and MRTMA,
and rules and regulations of the Michigan Cannabis Regulatory Agency,
as amended from time to time.
(e)
Litter and waste shall be properly removed, and the operating
systems for waste disposal shall be maintained in an adequate manner
so that they do not constitute a source of contamination in areas
where marihuana is exposed.
(f)
Floors, walls, and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair.
(5)
Marihuana processor facility and marihuana secure transporter.
(a)
The entire parcel upon which the marihuana facility is to be
situated must be properly situated and zoned for marihuana facilities.
(c)
All activity related to the processor shall be performed indoors
in a building.
(d)
All marihuana shall be contained within the building in a locked
marihuana facility in accordance with the MMFLA, MTA and MRTMA, and
the rules and regulations of the Michigan Cannabis Regulatory Agency,
as amended from time to time.
(e)
The dispensing of marihuana at the marihuana processor or secure
transporter facility shall be prohibited, except as authorized by
state law.
(f)
Litter and waste shall be properly removed, and the operating
systems for waste disposal shall be maintained in an adequate manner
so that they do not constitute a source of contamination in areas
where marihuana is exposed.
(g)
Floors, walls and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair.
(h)
There shall be adequate screening or other protection against
the entry of pests. Rubbish shall be disposed of so as to minimize
the development of odor; minimize the potential for the waste development
of odor; and minimize the potential for waste becoming an attractant,
harborage or breeding place for pests.
(i)
There shall be no other accessory uses permitted in the same
marihuana facility other than those associated with the processing,
unless permitted by state law. Multitenant commercial buildings may
permit accessory uses in suites segregated from the processor facility,
unless otherwise permitted by state law.
