CITY OF MOUNT CLEMENS
ZONING ORDINANCE
Effective April 24, 2021
5-2
City of Mount Clemens Zoning Ordinance
October 2020 Draft
Commercial Mixed-Use Districts
5
SEC. 5.1 COMMERCIAL/MIXED-USE USE TABLE
In the Commercial/Mixed-Use Districts, land, buildings, and other structures shall be used
only for one or more of the uses specified in the table below. Uses denoted by a "P" are
permitted by right and uses denoted by a "SLU" are considered special land uses and may
be approved by the Planning Commission subject to the applicable general and specific
standards in
Article 13
: Special Land Uses. Additional applicable use standards are listed in
the column at right.
Use MU CBD GC INST
Add’l
Req’ts
Residential
Single-Family detached dwellings P
Attached residential P P
1
Human Care Facilities
Convalescent, Nursing Homes or Hospices P P
7.2.A
Family day care home (6 or fewer children less than 24
hours per day)
P P
Group day care home (7 to 12 children less than 24 hours
per day)
SLU SLU
7.2.B
Child care centers, preschools, and commercial day care P P P P
7.2.C
Commercial
Adult Entertainment and Business Uses SLU
7.3.A
Bank P P P
Bed and Breakfasts SLU SLU
7.3.B
Commercial recreation P
Drive-through facilities SLU P
7.3.C
Eating and Drinking establishments P P P
Funeral Homes and Mortuaries SLU SLU
7.3.D
General Hospitals P SLU P P
7.3.E
Kennel P
7.3.F
Lodging P P
Outdoor Retail Sales SLU
7.3.H
Professional, Medical, and Business Offices P P P P
Retail Sales and Services P P P
Urgent Care Facilities SLU SLU P P
Automobile maintenance and repair (minor) SLU
Car washes SLU
Outdoor Vehicle Sales or Leasing SLU
Gasoline Service Stations SLU
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iii
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
Table of Contents
ARTICLE 1 PURPOSE AND TITLE
SEC. 1.1 SHORT TITLE ................................................................................................................................................................................................1-2
SEC. 1.2 APPLICATION ................................................................................................................................................................................................1-2
SEC. 1.3 INTERPRETATION ......................................................................................................................................................................................1-2
SEC. 1.4 VESTED RIGHT (STRUCTURES UNDER CONSTRUCTION) .........................................................................................1-2
ARTICLE 2 DEFINITIONS & RULES OF MEASUREMENT
SEC. 2.1 CONSTRUCTION OF LANGUAGE ..................................................................................................................................................2-2
SEC. 2.2 DEFINITIONS .............................................................................................................................................................................................2-2
SEC. 2.3 RULES OF MEASUREMENT ............................................................................................................................................................ 2-15
ARTICLE 3 ZONING DISTRICTS & ZONING MAP
SEC. 3.1 ZONING MAP ..............................................................................................................................................................................................3-2
SEC. 3.2 ZONING DISTRICTS ..............................................................................................................................................................................3-2
SEC. 3.3 DISTRICT BOUNDARIES ....................................................................................................................................................................3-2
SEC. 3.4 DISTRICT REGULATIONS ................................................................................................................................................................. 3-3
SEC. 3.5 ZONING OF VACATED AREAS ....................................................................................................................................................... 3-3
ARTICLE 4 RESIDENTIAL DISTRICTS
SEC. 4.1 RESIDENTIAL USE TABLE ..................................................................................................................................................................4-2
SEC. 4.2 PROVISIONS APPLICABLE TO RESIDENTIAL DISTRICTS. ..........................................................................................4-3
SEC. 4.3 SINGLE-FAMILY RESIDENTIAL DISTRICTS, R1-A AND R1-B .....................................................................................4-5
SEC. 4.4 RM-1 - MIXED RESIDENTIAL DISTRICT ...................................................................................................................................4-8
SEC. 4.5 RM-2 - PLANNED MULTI-FAMILY CAMPUS DISTRICT ..................................................................................................4-9
SEC. 4.6 RMH - MULTIPLE-FAMILY HIGH RISE DISTRICT ............................................................................................................4-10
SEC. 4.7 MANUFACTURED HOUSING COMMUNITY DISTRICT, MHC .................................................................................. 4-12
SEC. 4.8 RESIDENTIAL RENTAL RESTRICTION OVERLAY DISTRICTS. .................................................................................4-13
ARTICLE 5 COMMERCIAL/MIXED-USE DISTRICTS
SEC. 5.1 COMMERCIAL/MIXED-USE USE TABLE .................................................................................................................................5-2
SEC. 5.2 PROVISIONS APPLICABLE TO COMMERCIAL DISTRICTS .........................................................................................5-3
SEC. 5.3 MU - MIXED-USE DISTRICT .............................................................................................................................................................5-5
SEC. 5.4 CBD - CENTRAL BUSINESS DISTRICT ...................................................................................................................................... 5-6
SEC. 5.5 INST – INSTITUTIONAL CAMPUS DISTRICT .........................................................................................................................5-9
SEC. 5.6 GC - GENERAL COMMERCIAL DISTRICT .............................................................................................................................5-10
ARTICLE 6 INDUSTRIAL DISTRICTS
SEC. 6.1 INDUSTRIAL USE TABLE .....................................................................................................................................................................6-2
SEC. 6.2 PROVISIONS APPLICABLE TO INDUSTRIAL DISTRICTS ..............................................................................................6-3
SEC. 6.3 I-1, LIGHT INDUSTRIAL DISTRICT AND I-2 HEAVY INDUSTRIAL DISTRICT ...................................................6-6
ARTICLE 7 USE STANDARDS
SEC. 7.1 RESIDENTIAL USE STANDARDS ...................................................................................................................................................7-2
SEC. 7.2 HUMAN CARE USE STANDARDS .................................................................................................................................................7-2
SEC. 7.3 COMMERCIAL USE STANDARDS ................................................................................................................................................. 7-3
SEC. 7.4 TRANSPORTATION USE STANDARDS .......................................................................................................................................7-6
SEC. 7.5 INDUSTRIAL USE STANDARDS .....................................................................................................................................................7-8
SEC. 7.6 INSTITUTIONAL USE STANDARDS .............................................................................................................................................. 7-9
PART II: ZONING DISTRICTS
PART I: INTRODUCTION
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City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
Table of Contents
ARTICLE 8 GENERAL PROVISIONS
SEC. 8.1 EXCEPTIONS .............................................................................................................................................................................................. 8-2
SEC. 8.2 DETERMINATION OF SIMILAR USES ........................................................................................................................................ 8-3
SEC. 8.3 ATTACHED GARAGES ACCESSORY TO A RESIDENTIAL USE ...................................................................................8-4
SEC. 8.4 HOME OCCUPATIONS .........................................................................................................................................................................8-4
SEC. 8.5 KEEPING OF ANIMALS ........................................................................................................................................................................ 8-5
SEC. 8.6 OUTDOOR SALES AND STORAGE ............................................................................................................................................. 8-5
SEC. 8.7 STORAGE, ACCUMULATION, DUMPING AND/OR COLLECTION OF WASTE, JUNK, GARBAGE AND
OTHER SIMILAR MATERIALS ........................................................................................................................................................................................ 8-6
SEC. 8.8 STORAGE AND REPAIR OF VEHICLES .......................................................................................................................................8-7
SEC. 8.9 ESSENTIAL SERVICES ........................................................................................................................................................................8-8
SEC. 8.10 RECEIVING AND BROADCASTING ANTENNAS .................................................................................................................8-8
SEC. 8.11 WIND ENERGY CONVERSION SYSTEMS (WECS) ......................................................................................................... 8-8
SEC. 8.12 WIRELESS COMMUNICATION TOWERS ................................................................................................................................ 8-9
SEC. 8.13 TEMPORARY BUILDING AND USES ....................................................................................................................................... 8-13
SEC. 8.14 TRANSPORTATION IMPACT ANALYSIS ................................................................................................................................. 8-13
SEC. 8.15 CONSTRUCTION-RELATED REGULATIONS .........................................................................................................................8-15
ARTICLE 9 SITE DEVELOPMENT STANDARDS
SEC. 9.1 INTENT ............................................................................................................................................................................................................9-2
SEC. 9.2 LANDSCAPING AND SCREENING REQUIREMENTS .......................................................................................................9-2
SEC. 9.3 FENCES AND SCREENING WALLS ............................................................................................................................................. 9-8
SEC. 9.4 TRASH RECEPTACLES AND ENCLOSURES ...........................................................................................................................9-9
SEC. 9.5 MECHANICAL EQUIPMENT .............................................................................................................................................................9-10
SEC. 9.6 LIGHTING .....................................................................................................................................................................................................9-10
SEC. 9.7 SIDEWALKS AND NON-MOTORIZED PATHWAYS ............................................................................................................9-11
SEC. 9.8 MAILBOX CLUSTERS...........................................................................................................................................................................9-12
SEC. 9.9 CHARITABLE DONATION DROP BOXES .................................................................................................................................9-12
ARTICLE 10 OFF-STREET PARKING & LOADING REQUIREMENTS
SEC. 10.1 INTENT ..........................................................................................................................................................................................................10-2
SEC. 10.2 GENERAL PARKING REQUIREMENTS ....................................................................................................................................10-2
SEC. 10.3 OFF-STREET PARKING REQUIREMENTS .............................................................................................................................10-3
SEC. 10.4 OFF-STREET PARKING DESIGN.................................................................................................................................................. 10-8
SEC. 10.5 PARKING STRUCTURE DEVELOPMENT STANDARDS ..............................................................................................10-12
SEC. 10.6 OFF-STREET LOADING AND UNLOADING .......................................................................................................................... 10-13
SEC. 10.7 ACCESS MANAGEMENT .................................................................................................................................................................10-14
SEC. 10.8 BICYCLE PARKING............................................................................................................................................................................... 10-17
ARTICLE 11 SITE PLAN REVIEW AND APPROVAL
SEC. 11.1 STATEMENT OF PURPOSE .............................................................................................................................................................. 11-2
SEC. 11.2 USES REQUIRING SITE PLAN REVIEW .................................................................................................................................. 11-2
SEC. 11.3 SITE PLAN AND SKETCH PLAN REVIEW PROCEDURES ............................................................................................. 11-5
SEC. 11.4 SUBMITTAL REQUIREMENTS ........................................................................................................................................................11-8
SEC. 11.5 SITE PLANS REVIEW STANDARDS ......................................................................................................................................... 11-12
SEC. 11.6 AMENDED PLANS ............................................................................................................................................................................... 11-15
ARTICLE 12 PLANNED UNIT DEVELOPMENTS (PUD)
SEC. 12.1 PURPOSE AND INTENT ....................................................................................................................................................................12-2
PART IV: APPROVAL PROCEDURES
PART III: GENERAL PROVISIONS
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SEC. 12.2 QUALIFYING CONDITIONS ..............................................................................................................................................................12-2
SEC. 12.3 PUD DISTRICTS .......................................................................................................................................................................................12-3
SEC. 12.4 APPLICATION AND REVIEW PROCEDURE FOR PRELIMINARY PUD SITE PLAN AND FINAL PUD
SITE PLAN 12-7
SEC. 12.5 PRELIMINARY PUD SITE PLAN SUBMITTAL REQUIREMENTS ..............................................................................12-9
SEC. 12.6 PRELIMINARY PUD PLAN STANDARDS FOR APPROVAL ...........................................................................................12-9
SEC. 12.7 FINAL PUD SITE PLAN SUBMITTAL REQUIREMENTS ................................................................................................ 12-10
SEC. 12.8 STANDARDS FOR APPROVAL OF FINAL SITE PLAN...................................................................................................... 12-11
SEC. 12.9 DEVIATIONS AND AMENDMENTS FROM APPROVED FINAL PUD SITE PLAN...........................................12-11
ARTICLE 13 SPECIAL LAND USES (SLU)
SEC. 13.1 INTENT .........................................................................................................................................................................................................13-2
SEC. 13.2 AUTHORITY.................................................................................................................................................................................................13-2
SEC. 13.3 STANDARDS ..............................................................................................................................................................................................13-2
SEC. 13.4 DECISION ...................................................................................................................................................................................................13-3
SEC. 13.5 AMENDMENTS, EXPANSIONS OR CHANGE IN USE ....................................................................................................13-4
SEC. 13.6 RESTRICTIONS ON RESUBMITTAL OF A SPECIAL LAND USE REQUEST.......................................................13-5
ARTICLE 14 NONCONFORMING
SEC. 14.1 NONCONFORMING BUILDINGS AND STRUCTURES ..................................................................................................14-2
SEC. 14.2 NONCONFORMING USES ................................................................................................................................................................ 14-3
SEC. 14.3 NONCONFORMING LOTS ................................................................................................................................................................14-4
SEC. 14.4 NONCONFORMING SITES ..............................................................................................................................................................14-4
SEC. 14.5 COMPLIANCE WITH REGULATIONS FOR NONCONFORMITIES ...........................................................................14-5
ARTICLE 15 ADMINISTRATION & ENFORCEMENT
SEC. 15.1 ENFORCEMENT ......................................................................................................................................................................................15-2
SEC. 15.2 DUTIES OF THE COMMUNITY DEVELOPMENT DIRECTOR ...................................................................................... 15-2
SEC. 15.3 PROCESS AND APPLICABILITY ....................................................................................................................................................15-2
SEC. 15.4 PERMITS ......................................................................................................................................................................................................15-4
SEC. 15.5 CERTIFICATES OF OCCUPANCY ..................................................................................................................................................15-4
SEC. 15.6 FINAL INSPECTION ...............................................................................................................................................................................15-5
SEC. 15.7 PLANNING COMMISSION ................................................................................................................................................................15-5
SEC. 15.8 FEES ................................................................................................................................................................................................................ 15-5
SEC. 15.9 VIOLATIONS AND PENALTIES .......................................................................................................................................................15-6
ARTICLE 16 ZONING BOARD OF APPEALS
SEC. 16.1 CREATION AND MEMBERSHIP ..................................................................................................................................................16-2
SEC. 16.2 JURISDICTION ........................................................................................................................................................................................16-2
SEC. 16.3 MEETINGS .................................................................................................................................................................................................16-3
SEC. 16.4 APPEALS PROCEDURES ..................................................................................................................................................................16-3
SEC. 16.5 VARIANCE REVIEW PROCEDURES ..........................................................................................................................................16-4
SEC. 16.6 ZONING BOARD OF APPEALS APPROVAL ...........................................................................................................................16-5
ARTICLE 17 AMENDMENTS
SEC. 17.1 APPLICATION PROCEDURE. ............................................................................................................................................................17-2
SEC. 17.2 AMENDMENT PROCEDURE; PUBLIC HEARING AND NOTIFICATION. ..............................................................17-3
SEC. 17.3 CRITERIA FOR AMENDMENT TO THE ZONING MAP. .................................................................................................. 17-4
SEC. 17.4 AGREEMENTS FOR CONDITIONAL REZONINGS. ............................................................................................................ 17-5
SEC. 17.5 AMENDMENTS REQUIRED TO CONFORM TO COURT DECREE. ....................................................................... 17-6
ARTICLE 18 ENACTMENT PROVISIONS
SEC. 18.1 SEVERABILITY ..........................................................................................................................................................................................18-2
SEC. 18.2 REPEAL ..........................................................................................................................................................................................................18-2
SEC. 18.3 ADOPTION AND EFFECTIVE DATE .............................................................................................................................................18-2
PART V: ADMINISTRATIVE PROVISIONS
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City of Mount Clemens Zoning Ordinance
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ARTICLE 1
PURPOSE AND TITLE
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City of Mount Clemens Zoning Ordinance
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Purpose and Title
SEC. 1.1 SHORT TITLE
This Ordinance shall be known and may be cited as the City of Mount Clemens Zoning
Ordinance and shall be referred to herein as "this Ordinance."
SEC. 1.2 APPLICATION
No building or structure, or part thereof, shall hereinafter be moved into the City, erected,
constructed, reconstructed or altered and maintained, and no new use or change shall be
made or maintained of any structure or land, or part thereof, except in conformity with the
provisions of this Ordinance.
SEC. 1.3 INTERPRETATION
In interpreting and construing the respective provisions of this Ordinance, they shall be
interpreted and construed to be the minimum requirements for the promotion of public
health, safety, convenience, comfort, prosperity and general welfare. Wherever any provision
of this Ordinance imposes more stringent requirements, restrictions or limitations than
are imposed or required by the provisions of any other ordinance, then the provisions of
this Ordinance shall govern. Whenever the provisions of any other ordinance impose more
stringent requirements than are imposed or required by this Ordinance, then the provisions
of such ordinance shall govern.
SEC. 1.4 VESTED RIGHT (STRUCTURES UNDER CONSTRUCTION)
Any structure for which a building permit has been issued and construction begun, or for
which a contract or contracts have been entered into pursuant to a building permit issued
prior to the effective date of this Ordinance, may be completed and used in accordance with
the plans and applications upon which said building permit was granted. Any such permit
for a use which would be nonconforming under this Ordinance, or any amendment hereto,
shall not be renewed in the event construction pursuant to such permit is not commenced
within one (1) year from the date of issuance of the permit.
City of Mount Clemens Zoning Ordinance
2-1
ARTICLE 2
DEFINITIONS & RULES OF MEASUREMENT
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2
Denitions and Rules of Measurement
SEC. 2.1 CONSTRUCTION OF LANGUAGE
The following rules of construction apply to the text of this Ordinance.
1. The words "shall" and "will" are always mandatory and not discretionary. The word
"may" is permissive.
2. Words used in the present tense shall include the future; and words used in the
singular number shall include the plural and the plural the singular, unless the
context clearly indicates the contrary.
3. A "building" or "structure" includes any part thereof.
4. The term "lot" includes any site or parcel comprising an individual piece of land,
whether created by platting, splitting, condominium or other legal process.
5. The phrase "used for" includes "arranged for", "designed for", "intended for",
"maintained for", or "occupied for".
6. The word "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
7. Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions, or events connected by the conjunctions "and",
"or", "either...or", the conjunction shall be interpreted as follows:
a. "And" indicates that all the connected items, conditions, provisions, or events
shall apply.
b. "Or" indicates that the connected items, conditions, provisions, or events may
apply singly or in any combination.
c. "Either...or" indicates that the connected items, conditions, provisions or events
shall apply but not in combination.
d. Terms not herein defined shall have the meaning customarily assigned to them.
SEC. 2.2 DEFINITIONS
ABANDONMENT: To cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
ABUTTING: Having a common border with, or being separated from such a common border
by, a right-of-way, alley or easement.
ACCESSORY BUILDING (ACCESSORY STRUCTURE): A subordinate building or structure
detached from, but located on the same lot as, the principal structure, the use of which is
clearly incidental and accessory to that of the principal structure. For measurement of area
proposed, an attached garage or deck shall be considered an accessory structure.
ACCESSORY USE, OR ACCESSORY: A use which is clearly incidental to, customarily found in
connection with, and (except in the case of accessory off-street parking spaces or loading)
located on the same lot as, the principal use to which it is related.
When "accessory" is used in this text, it shall have the same meaning as accessory use.
An accessory use includes, but is not limited to, the following:
A. Residential accommodations for servants and/or caretakers.
B. Swimming pools for the use of the occupants of a residence or their guests.
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Definitions and Rules of Measurement
C. Domestic storage in a shed, tool room or similar accessory building or other structure.
D. Uses clearly incidental to a main use, such as but not limited to, offices of an industrial
or commercial complex located on the site of the commercial or industrial complex.
ADDITION: Any new construction which increases the size of an existing structure.
ADULT USES:
A. ADULT BOOK STORE: An establishment having as a substantial or significant portion of
its stock in trade, books, magazines, and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to "Specified
Sexual Activities" or "Specified Anatomical Areas", or an establishment with a segment or
section devoted to the sale or display of such material.
B. ADULT NOVELTY STORE: An establishment specializing in the sale of paraphernalia,
devices, or equipment distinguished or characterized by an emphasis on depicting or
describing specific sexual conduct or used in connection with specified sexual conduct.
C. GROUP "D" CABARET: A cabaret which features topless dancers, go-go dancers, exotic
dancers, strippers, male or female impersonators or similar entertainers.
D. SPECIFIED ANATOMICAL AREAS:
1. Less than completely and opaquely covered: human genitals, pubic region; buttock;
and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
E. SPECIFIED SEXUAL ACTIVITIES:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse or sodomy.
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female
breast.
ALLEY: Any dedicated public way affording a means of access to abutting property and not
intended for general traffic circulation and not more than eighteen (18’) feet wide.
ALTERATIONS: Any change, addition or modification in construction in the structural
members of a building, such as walls or partitions, columns, beams or girders, the
consummated act of which may be referred to herein as "altered" or "reconstructed." (Also
see Structural Alteration.)
ANTENNA: A wire or set of wires used in transmitting and receiving electromagnetic
waves and including the supporting structure including, but not limited to, amateur radio
antennas, television antennas and satellite receiving dishes.
ARCHITECTURAL FEATURES: Architectural features of a building shall include cornices,
eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.
AUTOMOBILE HEAVY REPAIR GARAGE: Truck repair, collision service (such as body, frame, or
fender straightening and repair), overall painting and vehicle rustproofing.
AUTOMOBILE REPAIR AND SERVICE CENTER: General repair, engine building, rebuilding and
reconditioning of motor vehicles, not including collision service and painting.
BASEMENT (CELLAR): A basement is that portion of a building partly below grade but so
located that the average vertical distance from the grade to the floor is greater than the
average vertical distance from the grade to the ceiling; provided, however, that if the average
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Denitions and Rules of Measurement
vertical distance from the grade to the ceiling is five (5’) feet or more, such areas shall be
considered as a story.
BED AND BREAKFAST ESTABLISHMENT: An owner-occupied dwelling unit that contains no
more than eight (8) guest rooms where overnight lodging, with or without meals, is provided
for compensation.
BEDROOM: A room in a dwelling unit planned and intended for sleeping, separable from
other rooms by a door.
BERM: An earthen mound graded, shaped and improved with landscaping in such a fashion
as to be utilized for screening purposes.
BLOCK: The property abutting one side of a street and lying between the two nearest
intersecting streets, (crossing or terminating) or between the nearest such street and
railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the
foregoing and any other barrier to the continuity of development or boundary lines of the
City.
BUILDING: A structure, either temporary or permanent, having a roof supported by columns
or walls for the shelter, support or enclosure of persons, animals or chattels in a building.
This shall include tents, awnings or vehicles situated on private property and use for
purposes of a building. When any portion thereof is completely separated from every other
part thereof by division walls from the ground up, and without openings, each portion of
such building shall be deemed a separate building.
BUILDING, APARTMENT: A building containing three (3) or more residential dwelling units.
BUILDING ENVELOPE: That portion of a lot or parcel remaining after all setbacks have been
subtracted.
BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the principal use of the lot
on which it is situated.
BUILDING PERMITS: A building permit is the written authority issued by the Community
Development Director permitting the construction, removal, moving, alteration or use of a
building in conformity with the provisions of this Ordinance.
BUILDING, TEMPORARY: A structure without permanent foundation erected or devoted to the
development of, or in connection with, the principal site used for a limited period of time.
CAR WASH, FULL SERVICE: An area of land and/or structure with machine- or hand-operated
facilities used principally for the cleaning and washing of motor vehicles. In no instance
shall a commercial car wash so defined be considered an accessory use.
CARPORT: A partially open structure for sheltering vehicles erected in conformity with the
site requirements for garages.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries,
when operated in conjunction with and within the boundaries of such cemetery.
CHURCH OR PLACE OF RELIGIOUS WORSHIP: An institution that people regularly attend to
participate in or hold religious services, meetings and other activities. The Term "church"
shall not carry a secular connotation and shall include buildings in which the religious
services of any denomination are held. The word "church" shall not include or mean an
undertaker’s chapel or funeral building.
CITY COMMISSION: The words "City Commission" shall mean the City Commission of the City
of Mount Clemens.
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Definitions and Rules of Measurement
CLINIC: A place for the care, diagnosis and treatment of sick or injured persons and those in
need of medical or minor surgical attention. A clinic may incorporate customary laboratories
and pharmacies incidental or necessary to its operation or to the service of its patients, but
may not include facilities for in-patient care or major surgery.
CLUB, LODGE OR FRATERNITY: An organization of persons for special purposes or for the
promulgation of agriculture, sports, arts, science, literature, politics or the like, but not for
profit.
COMMERCIAL USE: An occupation, employment or enterprise dealing with the public that is
carried on for profit by the owner, lessee or licensee.
COMMISSION: The word "Commission" shall mean the City of Mount Clemens Planning
Commission.
CONDOMINIUM: An estate in real property consisting of an undivided interest in common
with other purchasers in a portion of a parcel of real property, together with a separate
interest in space. A condominium may include, in addition, a separate interest in other
portions of such real property.
CONSERVATION EASEMENT: An easement granting a right or interest in real property that
is appropriate to retaining land or water areas predominately in their natural, scenic, open
or wooded condition, retaining such areas as suitable habitat for fish, plants or wildlife, or
maintaining existing land uses.
CONVALESCENT OR NURSING HOME: See
HUMAN CARE FACILITIES.
COURT: An open space on the same lot with a building or group of buildings and which is
bounded on two (2) or more sides by such building or buildings. A court shall be unoccupied,
except as otherwise herein provided.
DECK: A wooden platform structure higher than eighteen (18) inches above the mean yard
grade.
DENSITY: The number of families residing on, or dwelling units developed on, an acre of land.
DEVELOPMENT: The division of land into two or more parcels; the construction,
reconstruction, conversion, structural alteration, relocation or enlargement of any structure;
any mining excavation, fill or land disturbance; and any use or extension of the use of land.
DISTRICT (ZONING DISTRICT): A portion of Mount Clemens within which, on a uniform basis,
certain uses of land and buildings are permitted and within which certain regulations and
requirements apply under the provisions of this Ordinance.
DRIVE-IN ESTABLISHMENT: A business establishment so developed that its principal retail
or service character is dependent on providing a driveway approach or parking spaces for
motor vehicles so as to serve patrons while in the motor vehicle (i.e., restaurants, cleaners,
banks, theaters, etc.).
DRIVE-THROUGH: A maneuvering lane established for the sole purpose of directing traffic
to a service window which is intended to be used for sales and/or service to patrons who
remain in their vehicles.
DWELLING UNIT: A dwelling unit is any house or building, or portion thereof, having cooking
facilities, which is occupied wholly as the home, residence or sleeping place of one (1) family,
either permanently or transiently, but in no case shall a travel trailer, automobile chassis,
tent or portable building be considered a dwelling unit.
EASEMENT: The right of a person, government agency or public utility company to use public
or private land owned by another for a specific purpose.
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ENCLOSED PATIO OR ATRIUM: An enclosed patio or atrium shall be defined as an accessory
structure having over eighty percent (80%) of the exterior building elevations constructed of
glass. At least one side of the accessory structure shall be connected to a principal building.
ERECTED: The word "erected" includes built, constructed, reconstructed, moved upon, or any
physical operations on the premises required for the building. Excavations, fill, drainage and
the like shall be considered a part of erection.
ESSENTIAL SERVICES: The term "essential services" means the erection, construction,
alteration, maintenance addition, reconstruction or replacement by public utilities or
municipal departments or commissions of underground, surface or overhead distribution
of gas, electricity, communications, steam or water transmission or distributing systems,
collection, supply or disposal system including poles, mains, drains, sewers, pipes, conduits,
wires, cables, high voltage transmission lines, towers in connection with such lines, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and
accessories in connection therewith, including buildings reasonably necessary for the
furnishing of adequate service to this municipality and immediate surrounding territory by
such public utilities or municipal departments or commissions. Such facilities both above
and below ground, including storage fields and high pressure mains designated to serve
users principally outside of this municipality and immediate surrounding territory, shall not
be considered essential services under this definition.
EXCAVATION: Any breaking of ground, except common household gardening and ground
care.
FACADE: The exterior wall of a building exposed to public view or that wall viewed by persons
not within the building.
FAMILY: One or more persons occupying a dwelling unit and living as a single, non-profit
housekeeping unit; provided that a group of four (4) or more persons who are not within the
second degree of kinship shall not be deemed to constitute a family.
Notwithstanding the definition of the preceding paragraph, a family shall be deemed to
include four or more persons not within the second degree of kinship occupying a dwelling
unit and living as a single, non-profit housekeeping unit, if said occupants are disabled, as
defined in the Fair Housing Act of 1988.
FAMILY DAY-CARE:
See HUMAN CARE FACILITIES.
FENCE: Any artificially constructed barrier of any material or combination of materials
erected to enclose or screen areas of land.
FILLING: Shall mean the depositing or dumping of any matter onto or into the ground, except
common household gardening.
FOOT CANDLE: The unit of illumination when the foot is taken as the unit of length. It is the
illumination on a surface one (1) square foot in area on which there is a uniformly distributed
flux of one (1) lumen, or the illumination produced on a surface all points of which are at a
distance of one (1) foot from a directionally uniform point source of one (1) candela.
FUNERAL HOME: A building, or part thereof, used for human funeral services. Such building
may contain space and facilities for: a) embalming and the performance of other services
used in preparation of the dead for burial; b) the performance of autopsies and other
surgical procedures; c) the storage of caskets, funeral urns and other related funeral
supplies; and d) the storage of funeral vehicles, but shall not include facilities for cremation.
Where a funeral home is permitted, a funeral chapel shall also be permitted.
GARAGE, ATTACHED: A private garage which is attached to a principal building or is less
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than five (5’) feet from the closest point of the principal building.
GARAGE, DETACHED: A private garage maintaining a minimum distance of five (5’) feet from
a principal building.
GARAGE, PRIVATE: An accessory building or portion of a main building designed or used
solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used
by the occupants of the building to which it is accessory, with no facilities for mechanical
service or repair of a commercial or public nature, having capacity for not more than three
(3) automobiles.
GARAGE, PUBLIC: Any building or premises, other than a gasoline filling station, used for
housing or care of more than three (3) automobiles, or where any such automobiles are
equipped for operation, repaired or kept for remuneration, hire or sale.
GARBAGE: Garbage shall mean all wastes, animal, fish, fowl or vegetable matter incident
to the preparation, use and storage of food for human consumption, spoiled food, dead
animals, animal manure and fowl manures.
GASOLINE SERVICE STATION: A place for the dispensing, sale or offering for sale of motor
fuels directly to users of motor vehicles, together with the sale of minor accessories and
services for motor vehicles, but not including automobile repair as herein defined for
Automobile Repair and Service Center.
GREENBELT (Also see Screening): A strip of land of definite width and location reserved
for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in
carrying out the requirements of this Ordinance.
GROUP DAY-CARE: See
HUMAN CARE FACILITIES.
HOME OCCUPATION: An activity carried on by an occupant of a dwelling unit as a secondary
use which is clearly incidental to the use of the dwelling unit for residential purposes.
HOSPITAL: A building, structure or institution in which sick or injured persons are given
medical or surgical treatment and operating under license by the Health Department and the
State of Michigan, and is used for primarily in-patient services, and including such related
facilities as laboratories, out-patient departments, central service facilities and staff offices.
HOTEL: See
LODGING.
HUMAN CARE FACILITIES:
A. Adult Care Facilities:
1. Adult Care Facilities, State-Licensed: A facility for the care of adults, over eighteen (18)
years of age, as licensed and regulated by the State under Michigan Public Act 218 of
1979, and rules promulgated by the State Department of Human Services, providing
foster care to adults. It includes facilities and foster care homes for adults who are
aged, mentally ill, developmentally disabled, or physically handicapped who require
supervision on an ongoing basis, but do not require continuous nursing care. An adult
foster care facility does not include nursing homes, homes for the aged, hospitals,
alcohol or substance abuse rehabilitation center, or a residential center for persons
released from or assigned to a correctional facility.
2. Adult Day-Care Facility: A facility other than a private residence, which provides care
for more than six (6) adults for less than twenty-four (24) hour period.
3. Adult Foster Care Family Home: A private home with the approved capacity to receive
6 or fewer adults to be provided with foster care for twenty-four (24) hours a day for
5 or more days a week and for 2 or more consecutive weeks. This may include adult
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day care for 6 or fewer adults. The adult foster care family home licensee must be a
member of the household and an occupant of the residence.
4. Adult Foster Care Large Group Home: A private home with approved capacity to receive
at least thirteen (13) but not more than twenty (20) adults to be provided supervision,
personal care, and protection, in addition to room and board, for compensation, for
twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more
consecutive weeks. This may include adult day care for 20 or fewer adults.
5. Adult Foster Care Small Group Home: A private home with the approved capacity
to receive more than six (6) but not more than twelve (12) or fewer adults who are
provided supervision, personal care, and protection in addition to room and board,
for twenty-four (24)hours a day, five (5) or more days a week, and for two (2) or more
consecutive weeks for compensation. This may include adult day care for 12 or fewer
adults.
6. Adult Congregate Care Facility: A private home with the approved capacity to receive
more than twenty (20) adults for twenty-four (24) hours a day, five (5) or more days a
week, and for two (2) or more consecutive weeks.
7. Convalescent or Nursing Home: A structure with sleeping rooms, where persons are
housed or lodged and are furnished with meals, nursing and limited medical care.
B. Daycare/Childcare and Child Foster Care.
1. Child Care Facility: A facility for the care of children under 18 years of age, as licensed
and regulated by the State under Michigan Public Act 116 of 1973 and the associated
rules promulgated by the State Department of Human Services.
2. Child Care Centers, Nursery Schools, and Day Nurseries: A facility, other than a private
residence, receiving pre-school or school age children for group care for periods of
less than 24 hours a day, and where the parents or guardians are not immediately
available to the child. It includes a facility which provides care for not less than two
consecutive weeks, regardless of the number of hours of care per day. The facility
is generally described as a child care center, day care center, day nursery, nursery
school, parent cooperative preschool, play group, or drop-in center. "Child care center"
or "day care center" does not include a Sunday school conducted by a religious
organization where children are cared for during short periods of time while persons
responsible for such children are attending religious services.
3. Family day care home (six or fewer children less than 24 hours per day): A private
home in which not more than six minor children are received for care and supervision
for periods of less than 24 hours a day, unattended by a parent or legal guardian,
except children related to an adult member of the family by blood, marriage or
adoption. It includes a home that gives care to an unrelated child for more than four
weeks during a calendar year.
4. Group day care home (seven to 12 children less than 24 hours per day): A private
home in which more than six but not more than l2 children are given care and
supervision for periods of less than 24 hours a day unattended by a parent or legal
guardian, except children related to an adult member of the family by blood, marriage
or adoption. It includes a home that gives care to an unrelated child for more than
four weeks during a calendar year.
5. Foster Family Group Home: A private home in which more than four but less than
seven children, who are not related to an adult member of the household by blood,
marriage, or adoption, are provided care for 24 hours a day, for four or more days a
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week, for two or more consecutive weeks, unattended by a parent or legal guardian.
6. Foster Family Home: A private home in which one but not more than four minor
children, who are not related to an adult member of the household by blood, marriage,
or adoption, are given care and supervision for 24 hours a day, for four or more days a
week, for two or more consecutive weeks, unattended by a parent or legal guardian.
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water. It includes surfaces such as
compacted sand, lime rock or clay, as well as most conventionally surfaced streets, roofs,
sidewalks, parking lots and other similar improvements and structures.
INTERSTATE HIGHWAY: A highway officially designated as a part of the national system
of interstate and defense highways by the department and approved by the appropriate
authority of the Federal government.
JUNK: For the purpose of this Ordinance, the term "junk" shall mean any motor vehicles,
machinery, appliances, product, merchandise with parts missing or scrap metals or other
scrap materials that are damaged, deteriorated, or are in a condition which cannot be used
for the purpose for which the product was manufactured.
JUNKYARD: An open area where waste, used or secondhand materials are bought and sold,
exchanged, stored, baled, packed, disassembled or handled, including, but not limited to,
scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes
automobile wrecking yards and includes any area of more than two hundred (200) square
feet for storage, keeping or abandonment of junk, but does not include uses established
entirely within enclosed buildings.
KENNEL: The keeping on a lot for commercial purposes of four or more dogs, cats or other
household pets which are more than six months old. Keeping includes, but is not limited to,
boarding, breeding or training.
LABORATORY: A place devoted to experimental or routine study, such as testing and
analytical operations and in which manufacturing of product or products is not permitted.
LOADING SPACE: An off-street space on the same lot with a building or group of buildings for
the temporary parking of a commercial vehicle while loading and unloading merchandise or
materials.
LODGING: A building or part of a building, with a common entrance or entrances, in which
the dwelling units or rooming units are used primarily for transient occupancy, and/or in
which one or more of the following services are offered: maid service, furnishing of linen,
telephone, secretarial or desk service, and bellboy service.
LOT: A parcel of land occupied or intended to be occupies by a main building or a group of
such buildings and accessory buildings, or utilized for the principal use and uses accessory
thereto, together with such yards and open spaces as are required under the provisions of
this Ordinance. A lot may or may not be specifically designated as such on public records.
Each such parcel shall also have its front lot line abutting a public street or approved private
road.
LOT OF RECORD: A parcel of land, the dimensions of which are shown on a document or map
on file with the County Register of Deeds or a system of registration used by City or County
Officials, and which actually exists as so shown, or any part of such parcel held in a record
ownership separate from that of the remainder thereof.
LOT, SUBSTANDARD: A lot or parcel of land that has less than the required minimum area,
depth or width as established by the zone in which it is located, and provided that such lot or
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parcel was of record as a legally created lot on the effective date of this Ordinance.
MAJOR THOROUGHFARE: An arterial street which is intended to serve as a large volume
trafficway for both the immediate municipal area and the region beyond, and is designated
as a major thoroughfare, parkway, freeway, expressway or equivalent term to identify those
streets as depicted in the Master Plan.
MANEUVERING LANE: A paved lane designed to accommodate the on-site circulation of
motorized vehicles.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is
built on a chassis and designed to be used as a dwelling with or without permanent
foundation, when connected to the required utilities, and includes the plumbing, heating, air
conditioning and electrical systems contained in the structure. A manufactured home does
not include a recreation vehicle.
MANUFACTURED HOUSING COMMUNITY: A parcel or tract of land under the control of a
person upon which two (2) or more manufactured homes are located on a continual non-
recreational basis and which is offered to the public for that purpose regardless of whether a
charge is made therefore, together with any building, structure, enclosure, street, equipment
or facility used or intended for use incident to the occupancy of a manufactured home
and which is not intended for use as a temporary trailer park and licensed pursuant to the
provisions of Act 419, Public Acts of 1976, as amended.
MANUFACTURING, HEAVY USES: Manufacturing, fabrication and assembly uses may include
stamping operations, chemical processing plants, tool and die or machine shops, foundries,
or similar
MASTER PLAN: The comprehensive long-range plan, adopted by the Planning Commission,
intended to guide growth and development within the city of Mount Clemens that includes
analysis, recommendations, and proposals for the community’s population, economy,
housing, transportation, community facilities and land use.
MEZZANINE: An intermediate floor in any story occupying an area not to exceed one-third
(1/3) of the floor area of such story.
MUNICIPALITY: The City of Mount Clemens.
NONCONFORMING STRUCTURE OR BUILDING: A structure or building, or portion thereof,
lawfully existing at the effective date of this Ordinance, or amendments thereto and that
does not conform to the provisions of this Ordinance in the district in which it is located.
NONCONFORMING USE: A use which lawfully occupied a building or land at the effective
date of this Ordinance, or amendments thereto, and that does not conform to the use
regulations of the district in which it is located.
NUISANCE: The word "nuisance" shall be held to embrace public nuisance as known at
common law or in equity jurisprudence; and whatever is dangerous to human life or
detrimental to health; and any dwelling or building which is overcrowded with occupants
or is not provided with adequate ingress or egress to or from the same, or is not sufficiently
supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or
actual use; and whatever renders the air or human food or drink unwholesome, are also
severally, in contemplation of this Ordinance, nuisances and all such nuisances are hereby
declared illegal.
NUISANCE FACTORS: An offensive, annoying, unpleasant or obnoxious thing or practice,
a cause or source of annoyance, especially a continuing or repeating invasion of any
physical characteristics of activity or use across a property line which can be perceived by
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or affects a human being, or the generation of an excessive or concentrated movement of
people or things, such as, but not limited to, noise, dust, smoke, odor, glare, fumes, flashes,
vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise
of congregation of people (particularly at night), passenger traffic, and invasion of non-
abutting street frontage by traffic.
NURSERY, PLANT MATERIALS: A space, building or structure, or combination thereof, for the
storage of live trees, shrubs or plants offered for wholesale or retail sale on the premises,
including products used for gardening or landscaping. The definition of nursery within the
meaning of this Ordinance does not include any space, building or structure used for the
sale of fruits, vegetables or Christmas trees.
NURSING HOME (ALSO CONVALESCENT OR REST HOME) : See
HUMAN CARE FACILITIES
NURSERY SCHOOL, DAY SCHOOL, CHILD CENTER: See
HUMAN CARE FACILITIES
OCCUPANCY LOAD: The number of persons that a building can hold, as determined by the
Fire Marshall or as determined by the City Building Code.
OCCUPIED: The word "occupied" includes arranged, designed, built, altered, converted to,
rented or leased, or intended to be occupied.
OUTDOOR RETAIL SALES: Open air business uses not conducted from a wholly enclosed
building, if operated for profit, shall include the following uses:
A. Bicycle, trailer, mobile home, motor vehicle, farm implements, boats, or home equipment
sale or rental services.
B. Outdoor display and sale of garages, swimming pools and similar uses.
C. Retail sales of fruit, vegetables and perishable foods.
D. Retail sale of trees, shrubbery, plants, flowers, seed, topsoil, humus, fertilizer, trellises,
lawn furniture, playground equipment, and other home garden supplies and equipment.
OPEN SPACE: Land used for recreation, resource protection, amenity and/or buffers. In no
event shall any area of a lot constituting the minimum lot area nor any part of an existing or
future road or right-of-way be counted as constituting open space.
OPEN SPACE, COMMON: Open space within or related to a development, not in individually
owned lots or dedicated for public use, but which is designed and intended for the common
use or enjoyment of the residents of the development.
OUTDOOR RETAIL SALES. The retail sales of plant materials, lawn furniture, playground
equipment, and garden or building supplies.
OUTDOOR STORAGE: The keeping, in an unroofed area, of any goods, junk material,
merchandise or vehicles in the same place for more than twenty-four (24) hours.
PARCEL: A continuous quantity of land in the possession of or owned by, or recorded as the
property of, the same person or persons.
PARK: Any public or private improved land available for recreational, educational, cultural or
aesthetic use, or scenic purposes.
PARKING, SURFACE: Parking provided at street level. Such parking requires no building
structure to support additional levels of building space or parking area above or below the
at-grade parking area.
PARKING AREA: Any area of a site designated for the use of parking or access to parking
spaces. The parking area shall include all drives, aisles and maneuvering lanes necessary to
accommodate such parking.
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PARKING LOT, OFF STREET: A facility providing vehicular parking spaces along with
adequate drives and aisles for maneuvering so as to provide access for entrance and exit for
the parking of more than two (2) automobiles.
PARKING SPACE: An area of definite length and width, exclusive of drives, aisles or entrances
giving access thereto, and full accessibility for the parking of permitted vehicles. Tandem
parking stalls in single-family detached, single-family attached, and townhome residential
uses shall be considered to be fully accessible for the purpose of this definition.
PARKING STRUCTURE: A building constructed for the purpose of providing multiple stories
of parking area above or below street level.
PERSON: Any natural person, firm, partnership, association, corporation, or limited liability
company; however, this definition does not include any governmental unit.
PLACES OF ASSEMBLY: Any structure wherein persons regularly gather for religious activity,
entertainment, or political purposes including, but not limited to, places of worship,
theaters, fraternal organizations, and trade union halls. A place of worship is a structure
used to conduct a religious service, including, but not limited to, the usual accessory
structures and uses, such as convents, rectories, parsonages, monasteries, gymnasiums
and church halls.
PLANNED UNIT DEVELOPMENT (PUD): A development of land that is under unified control
and is planned and developed as a whole in a single development operation or programmed
series of development stages. The development may include streets, circulation ways,
utilities, buildings, open spaces, and other site features and improvements.
PLANNING COMMISSION: The City of Mount Clemens Planning Commission.
PRINCIPAL BUILDING: A building which contains the primary use of the lot.
PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or
accessory use.
PRIVATE STREET OR ROAD: A street or road which is not under public ownership or control
serving two or more lots.
PUBLIC ROAD: All public property reserved or dedicated for street traffic.
PUBLIC UTILITY: Any persons, firm, corporation, governmental unit or other entity duly
authorized to furnish to the public, electricity, gas, sanitary sewers, water, communications,
transportation or other services or commodities pursuant to Federal, State or municipal
regulations.
COMMERCIAL RECREATION USES (INDOOR):
COMMERCIAL RECREATION USES (OUTDOOR): Tennis courts, archery courts, shuffleboard,
horseshoe courts, miniature golf, golf driving range, children’s amusement park or similar
recreation uses.
RECREATION VEHICLES:
A. A "travel trailer" is a vehicular, portable structure built on a chassis, designed to be used
as a temporary dwelling for travel, recreational and vacation uses, permanently identified
"travel trailer" by the manufacturer.
B. A "pick-up camper" is a structure designed primarily to be mounted on a pick-up or
truck chassis and with sufficient equipment to render it suitable for use as a temporary
dwelling for travel, recreational and vacation uses.
C. A "motorized home" is a portable dwelling designed and constructed as an integral part
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of a self-propelled vehicle.
D. A "folding tent trailer" is a metal, plastic or canvas folding structure, mounted on wheels
and designed for travel and vacation use.
E. "Boats" and "boat trailers" shall include boats, jet skis, floats and rafts, plus the normal
equipment to transport the same on the highway.
F. "Snowmobiles" and "all terrain vehicles", plus the normal equipment to transport the
same on the highway.
REPAIRS: The rebuilding or removal of a part of an existing building for the purpose of
maintaining its original type and classification.
RESIDENTIAL, DETACHED. A single-family dwelling unit designed and/or used exclusively for
residential purposes for one family only and containing one dwelling unit.
RESIDENTIAL, ATTACHED. A structure used for residential occupancy by more than one
family living independently of each other. Typical configurations of attached residential
units consist of the following:
A. DUPLEX/TRIPLEX. Structures that contain two or three dwelling units stacked or placed
side by side with each unit having access directly to the street.
B. TOWNHOUSE. A group of dwellings having party walls with each other and located side
by side. Townhouses are typically narrow, 2-3 story residential buildings with each unit
having access directly to the street.
C. FLAT/APARTMENT. Multiple dwelling units placed side by side or stacked, typically with
one shared entry.
RESTAURANT: A business establishment whose principal business is the selling of
unpackaged food to the customer in a ready-to-consume state, in individual servings, or in
non-disposable containers, and where the customer consumes these foods while seated at
tables or counters located within the building.
RESTAURANT, DRIVE-IN: An establishment that delivers prepared food and/or beverages to
customers in motor vehicles, regardless of whether or not it also serves prepared food and/
or beverages to customers who are not in motor vehicles, for consumption either on or off
the premises.
RESTAURANT, DRIVE-THROUGH: A use that involves the delivery of prepared food to
the customer within a vehicle, typically passing through a pass-through window, for
consumption off of the premises.
RETAIL SALES AND SERVICE: Establishments providing the sale of goods sold on the
premises and services to the general public, including, but not limited to, drug store,
hardware store, laundry or cleaners pick up, jewelry store, florist, gift shop, book store,
clothing store, photographer, bakery, shoe repair, tailoring, salons and barbershops.
RIGHT-OF-WAY: The right-of-way line shall be the line established City’s adopted Master
Plan, the Macomb County Road Commission or Michigan Department of Transportation in
their right-of-way requirements established for Mount Clemens.
ROOM: For the purpose of determining lot area requirements and density in a multiple-
family district, a room is a living room, dining room or bedroom, equal to at least eighty (80)
square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility
provisions, corridors, hallways and storage. Plans presented showing 1, 2 or 3-bedroom units
and including a "den", "library," or other extra room shall count such extra room as a bedroom
for the purpose of computing density.
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RUBBISH: Means the miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing and offices, including other waste matter,
such as slag, stone, broken concrete, fly ash, ashes, tin cans, glass, scrap metal, rubber,
paper, rags, chemicals, or any similar or related combinations thereof.
SECONDARY ROAD: A road that conducts and distributes traffic and carries through-traffic
as a lower order major thoroughfare to major activity centers. This is the highest order of
street appropriate to a residential neighborhood and residential frontage along it should be
prohibited or severely restricted.
SCREENING: The method by which a view of one site from another adjacent site is shielded,
concealed or hidden. Screening techniques include fences, walls, hedges, berms or other
features. Screening may include one or a combination of the following materials of sufficient
mass to be opaque or that shall become opaque after twelve (12) months and which shall be
maintained in an opaque condition: walls, berms or plantings.
SELF-SERVICE STORAGE WAREHOUSE: A building consisting of individual, small, self-
contained units that are leased or owned for the storage of business and household goods or
contractors’ supplies.
SHOPPING CENTER: A group of three (3) or more commercial establishments built primarily
for retailing the principal goods and services required by a household. These centers are
built on sites readily accessible by automobile with common parking provided.
SITE: A parcel of land.
SPECIAL LAND USE: A use that, owing to some special characteristics attendant to its
operation or installation (for example, potential danger, smoke or noise) is permitted in a
district, subject to approval by the City and subject to special requirements, different from
those usual requirements for the district in which the special land use may be located.
STATE EQUALIZED VALUATION: The value shown on the City’s assessment roll as equalized
through the process of State and County equalization.
STREET: A public thoroughfare which affords traffic circulation and principal means of
access to abutting property, including avenue, place, way, drive, lane, boulevard, highway,
road, and any other thoroughfare, except an alley.
STRUCTURE: Anything constructed or erected on the ground or attached to the ground,
including, but without limitation to, buildings, factories, sheds.
STRUCTURAL ALTERATION: Any change in the supporting members of a building or structure,
such as bearing walls or partitions, columns, beams or girders, stairways, or any change in
the width or number of exits, or any substantial change in the roof.
SWIMMING POOL: The term "swimming pool" shall mean any structure or container intended
for swimming, located either above or below grade designed to hold water to a depth of
twenty-four (24) inches or greater.
TEMPORARY USE OR BUILDING: A use or building permitted by the Zoning Board of Appeals
to exist during periods of construction of the main building or use, or for special events or
purpose.
URGENT CARE FACILITY: A facility or institution principally engaged in the immediate
treatment of minor injuries and/or illnesses of an acute nature.
USE: It is the purpose for which land or a building is designed, arranged or intended to be
used, or for which land or a building is or may be occupied.
UTILITY ROOM: A utility room is a room used primarily for storage, for housing a heating unit,
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or for laundry purposes.
VARIANCE: A relaxation by the Zoning Board of Appeals of the dimensional regulations
of the Ordinance where such action will not be contrary to the public interest and where,
owing to conditions peculiar to the property and not the result of actions or the situation of
the applicant, a literal enforcement of this Ordinance would result in practical difficulty or
unnecessary and undue hardship.
VEHICLE STACKING LANE: A paved surface designed to accommodate a motor vehicle
waiting for entry to any drive-in/thru facility or auto-oriented use, which is located in such a
way that a parking space is not obstructed.
VERTICAL PROJECTION: Any architectural feature which projects into the yard space from
the ground up through the first story.
WALLS, OBSCURING: An obscuring structure of definite height and location constructed of
wood, masonry, concrete or similar material.
WAREHOUSING AND DISTRIBUTION: The storage, wholesale and distribution of
manufactured products, supplies and equipment, but excluding bulk storage of materials
that are inflammable or explosive or that create hazardous or commonly recognized
offensive conditions.
WORKSHOP/SHOWROOM: A workplace for a craftsperson or contractor primarily used for
fabrication or repair of goods. Contractor establishments including an office, showroom,
warehouse or workshop for indoor maintenance and indoor storage of equipment, Retail
sales or education are permitted accessory uses to small-scale production or contracting.
providing such use is within a completely enclosed building and excludes outside storage
yards.
ZONE: (See:
DISTRICT, ZONING
)
ZONING BOARD OF APPEALS: Shall mean the Zoning Board of Appeals of the City of Mount
Clemens.
SEC. 2.3 RULES OF MEASUREMENT
BUILD-TO: Build-to is a line parallel to the public street right-of-way to which buildings must
be constructed.
A. Build-to is measured from and perpendicular to the lot line abutting a street. Where a
public access easement abuts the public street right-of-way on a lot, the build-to shall be
measured from the easement rather than the lot line.
B. Percentage of frontage. Required build-to is calculated as a percentage using the length
of the primary building wall divided by the total lot width, as measured at the lot line
abutting the subject street right-of-way. Buildings shall be built at or within the build-to
requirement for at least the minimum percentage (%) required along the Primary and/or
secondary frontage.
C. Building depth. The horizontal distance at the ground floor measured perpendicular
from the exterior of the street facing building wall at the build-to line to the opposite
exterior wall enclosing the permitted street level active uses.
D. Permitted articulations of architectural features. Architectural features utilized for
building wall articulation that are within 2 feet of the primary building wall may be
utilized in the length of applicable building wall meeting the build-to.
1. Recessed entries at a maximum depth of 15 feet, measured perpendicular to the
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build-to, and a maximum width of 15 feet, measured parallel to the build-to may be
utilized in the length of applicable building wall meeting the build-to.
CLEAR VISION TRIANGLE: To ensure that landscape materials do not constitute a driving
hazard, clear vision site triangles shall be established at all street intersections and at
the intersection of site driveways and streets. No fence, wall, shrubbery, sign, or other
obstruction to vision above a height of thirty-six (36") inches 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
of twenty five (25’) feet from their point of intersection. Internal parking lot landscaping
improvements should be of an appropriate size, location, and species to avoid blocking the
vision of drivers within the parking lot.
DOORYARD:The Dooryard is defined as the area between the property line and the front
facade/build-to. It is intended as a transitional area between the public realm and private
property for pedestrian-oriented amenities.
A. The Dooryard shall accommodate entrances, outdoor seating, projections such as
awnings, balconies, stoops and porches.
B. The Dooryard shall contain urban-style landscape (concrete pavement, planters, street
furniture). Lawns are only permitted in the Dooryard of stoop frontages in the Urban Flex
district.
C. The unbuilt portion of the build-to shall be considered an additional Dooryard for a
minimum depth of 5 feet.
FENESTRATION: Openings in the building wall, including windows, doors and open areas.
1. When measuring fenestration, framing elements (such as muntins) with a dimension
of 2 inches or less are considered part of the opening.
2. Ground floor fenestration shall be measured as a percentage of glass per total wall
area between 2 and 8 feet above the ground floor elevation.
3. Ground floor windows may not be made opaque by window applications). Operable
sun blocking devices are permitted, as well as solar protection tinting with no less
than 75% light transmittance.
4. A minimum of 80 percent of the window surface on the ground floor shall allow a view
into the building interior for a depth of at least 12 feet.
5. Upper level windows shall be vertically proportioned.
FLOOR AREA, GROSS (for the purpose of computing parking): Floor area is the sum of the
gross horizontal areas of the several floors of the building measured from the exterior walls
or from the centerline of walls separating two buildings. "Floor area" shall include elevator
shafts and stairwells at each floor, floor space used for mechanical equipment (except
equipment, open or enclosed, located on the roof), attic space having headroom of seven (7)
feet ten (10) inches or more, interior balconies and mezzanines.
FLOOR AREA, USEABLE (for the purposes of computing parking): Useable floor area shall
be considered the gross floor area as defined herein, minus the area used or intended to be
used principally for elevator or stair bulkheads, or for areas dedicated to heating and cooling
mechanisms, server rooms, or other areas which are necessary for the physical operation of
the building itself.
FLOOR AREA, RESIDENTIAL: For the purpose of computing the minimum allowable floor area
in a residential dwelling unit, the sum of the horizontal areas of each story of the building
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shall be measured from the exterior faces of the exterior walls or from the centerline of walls
separating two (2) dwellings. The floor area measurement is exclusive of areas of basements,
unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
FRONT BUILDING LINE. Once a building line has been established by the construction of
a principal building upon an approved site, no other principal building or use shall be
located between the established building line and the front lot line (or side lot line abutting
a side street) without first obtaining approval of the Planning Commission. The Planning
Commission shall review the building and/or use proposed to be located in front of the
established building to determine whether the building or use is of such location, size and
character to be in harmony with the appropriate and orderly development of the balance
of the site, is not detrimental to the development of adjacent uses, does not create any
vehicular or pedestrian hazards, and is aesthetically compatible with the buildings and
uses located (or to be located) upon the site. Landscaping plans, site plans (including
signs and the location of trash receptacles), and elevations of all sides of any building to be
constructed shall be submitted to enable the Planning Commission to determine whether
the proposed additional front building and/or use conforms with the requirements of this
Section. In reviewing this request, the Planning Commission shall apply the standards
contained herein and in
Section 13.3
and may impose reasonable conditions as authorized
by Section 13.4.5. to ensure that the standards are satisfied.
FRONTAGE. The side of a building abutting a street or right-of-way.
A. Every dwelling or principal building shall be located on a lot which shall front upon
an improved public or an existing private street, road or highway. Modification of this
requirement may be permitted by the Planning Commission in cases where unusual
topographic or geographic conditions exist.
B. Determining front yard. The placement of all buildings on corner lots and lots having
frontage on two streets shall observe the required front yard setback from the street side
of the building where the front entrance of the structure is located. Where front entrances
are located on more than one street side, the applicant shall determine the street side
that will be considered the front of the building. The portion of the building determined
to be the front shall go on record as such at the Community Development Department
and shall conform to the applicable setback requirements. The street side of the building
that has not been designated as the front shall conform to side or rear yard setback
requirements, whichever is applicable.
C. Primary frontage is located along the front lot line.
D. Secondary frontage. Corner lots, through lots, or any lot with more than one street
frontage, shall have a secondary frontage on every lot line abutting a street other than
the front lot line. Alleys shall not be considered street frontage.
E. For through lots on Main Street, Main Street shall be the primary frontage and Gratiot the
secondary frontage.
GRADE: The lowest point of elevation of the finished surface of the ground. The established
grade of the street or sidewalk shall be the elevation of the curb, or the centerline of the road
if there is no curb, at the midpoint of the front of the lot.
GRADE, MEAN: Mean grade is defined as the arithmetic average of elevations of points
on the boundary lines of a site (parcel of land) uniformly spaced and not more than one
hundred (100) feet apart.
GRADE, BUILDING: The finished grade at the building shall be the building grade
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GROSS SITE AREA: The total site area under the ownership of the applicant before any
deductions are made for roads, open space, parcels to be separated or planned for later
development, and the like.
HEIGHT: The vertical distance to the highest point of the roof for flat roofs; to the deck line
of mansard roofs; and to the average height between eaves and the ridge for gable, hip and
gambrel roofs, measured from the curb level if the building is not more than ten (10) feet
from the front lot line or from the grade in all other cases.
A. The minimum height shall be satisfied from the build-to line back to a depth of at least
30 feet.
B. Second floor finished elevation shall be measured from the grade to the second story
finished floor elevation.
C. Upper floor clear height is measured from finished floor elevation to finished ceiling
elevation
LOT AREA: The total horizontal area within the lot lines of a lot.
LOT, CORNER: A lot where the interior angle of two adjacent sides at the intersection of two
streets is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved street
or streets shall be considered a corner lot for the purposes of this Ordinance if the arc if of
less radius than one hundred fifty (150) feet and the tangents to the curve, at the two points
where the lot lines meet the curve or the straight street line extended, form an interior angle
of less than one hundred thirty-five (135) degrees.
LOT COVERAGE: The percent of the lot occupied by buildings or structures, including
accessory buildings or structures.
LOT, THROUGH LOT: Any interior lot having frontage on two more or less parallel streets
as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of
said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be
provided as required.
LOT, DEPTH: The depth of a lot is the dimension measured from the front of the lot to the
extreme rear line of the lot. In the case of irregularly shaped lots, the mean depth shall be
taken.
LOT, INTERIOR: Any lot other than a corner lot.
LOT LINES: The lines bounding a lot as defined herein:
A. Front Lot Line: In the case of an interior lot, is that line separating said lot from the street.
In the case of a double-frontage lot, is the line separating said lot from the street side
which has been designated as the front of the building.
B. Rear Lot Line: That lot line opposite the front lot line.
C. Side Lot Line: Any lot line other than the front lot line or rear lot line. A side lot line
separating a lot from a street is a side street lot line. A side lot line separating a lot from
another lot or lots is an interior side lot line.
LOT WIDTH: The horizontal straight line distance between the side lot lines, measured
between the two points where the front setback line intersects the side lot lines.
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SETBACK: Measurement. The measurement for determining front, rear and side yard
setback requirements shall be made from the exterior wall of the principal building to the
nearest applicable property line.
STORY: That portion of a building, other than a cellar or mezzanine, included between
the surface of any floor and floor next above it, or if there be no floor above it, then the
space between the floor and the ceiling next above it. A "mezzanine" shall be deemed a full
story when it covers more than fifty (50) percent of the area of the story underneath said
mezzanine, or if the vertical distance from the floor next below it to the floor next above it is
twenty-four (24) feet or more.
STORY, HALF: An uppermost story lying under a sloping roof, having an area of at least
two hundred (200) square feet, with a clear height of seven feet six inches (7’ 6"). For the
purposes of this Ordinance, the usable floor area is only that area having at least four (4) feet
clear height between floor and ceiling.
YARD: An open space, unoccupied and unobstructed from the ground upward except as
otherwise provided herein and being on the same lot with a building. The measurement of
a yard shall be construed as the minimum horizontal distance between the lot line and the
building or structure.
YARD, FRONT: A yard on the same lot with a building between the front line of the building
and the front lot line and extending to the other side lot line.
YARD, REAR: A yard on the same lot with a building between the rear line of the building and
the rear lot line and extending to the other side lot line.
YARD, SIDE: A yard on the same lot with a building between the side lot line and the nearest
side line of the building and extending from the rear yard to the front yard.
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City of Mount Clemens Zoning Ordinance
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ARTICLE 3
ZONING DISTRICTS & ZONING MAP
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SEC. 3.1 ZONING MAP
The Zoning Map of the City of Mount Clemens, which together with all explanatory matters
thereon, is hereby adopted and declared to be a part of this Ordinance.
Regardless of the existence of purported copies of the Zoning Map which may from time-
to-time be made or published, the Zoning Map, which shall be located in the Office of the
City Clerk, shall be the final authority as to the current status of zoning in the City of Mount
Clemens.
In the event that the Zoning Map becomes damaged, destroyed, lost or difficult to interpret
because of the nature or number of changes and additions, the City Commission may, by
resolution, adopt a new Zoning Map. The new Zoning Map may correct drafting or other
errors or omissions in the prior Zoning Map, but no such corrections shall have the effect of
amending the original Zoning Map or any subsequent amendment thereof.
Unless the prior Zoning Map has been lost or has been totally destroyed, the prior Map or any
significant parts thereof remaining shall be preserved, together with all available records
pertaining to its adoption or amendment.
SEC. 3.2 ZONING DISTRICTS
For the purpose of this Ordinance, the City of Mount Clemens is hereby divided into the
following districts:
R1-A Single-Family Residential District
R1-B Single-Family Residential District
RM-1 Mixed Residential District
RM-2 Planned Multiple-Family Campus Residential District
RMH Multiple-Family High Rise Residential District
MHC Manufactured Housing Community District
MU Mixed-Use District
GC General Commercial District
CBD Central Business District
INST Institutional Campus District
I-1 Light Industrial District
I-2 Heavy Industrial District
SEC. 3.3 DISTRICT BOUNDARIES
Where uncertainty exists with respect to the boundaries of the various districts as shown on
the Zoning Map, the following rules shall apply:
A. Unless shown otherwise, the boundaries of the districts are lot lines; the centerlines of
streets, alleys, roads or such lines extended; railroad right-of-way lines; and the City of
Mount Clemens limits. Dimensions shown are to the center of the adjacent road or street.
B. Where, due to the scale, lack of detail or illegibility of the Zoning Map for this Ordinance,
there is any uncertainty or contradiction as to the location of any district boundaries
shown thereon, interpretation concerning the exact location of district boundary lines
shall be determined, upon written application or upon its own motion, by the Zoning
Board of Appeals. The Zoning Board of Appeals, in arriving at a decision on these matters,
shall apply the following standards:
1. The district boundaries, as set forth in this Section, shall first be considered with
reference to the standards cited in subsection 1. above.
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Zoning Districts & Zoning Map
2. Where a district boundary divides a site, the location of any such boundary, unless
the same is indicated by dimensions shown on said map, shall be determined by the
use of the map scale shown thereon.
C. If, after the application of the foregoing standards, uncertainty, contradiction or dispute
remains as to the exact location of a district boundary, the Zoning Board of Appeals shall
determine and fix the location of said boundary line as all of the facts and circumstances
shall require.
SEC. 3.4 DISTRICT REGULATIONS
A. No structure or land shall be used, occupied, erected, constructed, moved or altered,
except in conformity with the regulations specified for that zoning district. Unless a use
is permitted in a particular zoning district, it shall be prohibited in that zoning district.
B. Except as otherwise provided, regulations governing land and building use, minimum
lot size, lot area per dwelling unit, building height, building placement, required yards
and other pertinent factors are hereby established as stated in the detailed provisions
for each of the zoning districts. In each zoning district, a "Permitted Use" shall be a use
of land or buildings subject to the minimum requirements specified for such use in
the zoning district in which such use is located, plus applicable requirements found
elsewhere in this Ordinance. A Special Land Use shall be a use of land or buildings which
may be permitted in that district only after following special procedures designed to
ensure site and use compatibility with existing or proposed surrounding land uses. In
evaluating and deciding each application for such permission, the Planning Commission
shall apply the standards contained in Article 12 of this Ordinance and any special
conditions imposed for that use.
SEC. 3.5 ZONING OF VACATED AREAS
Whenever any street, alley or other public way within the City of Mount Clemens is vacated
by official government action, and when the lands within the boundaries thereof attach to
and become a part of the land adjoining such street, alley or other public way, such lands
formerly within such vacated street, alley or public way shall automatically and without
further governmental action thenceforth acquire and be subject to the same zoning
regulations as are applicable to the lands to which same shall attach.
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City of Mount Clemens Zoning Ordinance
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ARTICLE 4
RESIDENTIAL DISTRICTS
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SEC. 4.1 RESIDENTIAL USE TABLE
In the Residential Districts, land, buildings, and other structures shall be used only for one
or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right
and uses denoted by a "SLU" are considered special land uses and may be approved by the
Planning Commission subject to the applicable general and specific standards in Article 13:
Special Land Uses. Additional applicable use standards are listed in the column at right.
Use R1-A R1-B RM-1 RM-2 RMH MHC
Add’l
Req’ts
Single-Family detached dwellings P P P P P P
Two-Family dwellings SLU SLU P P P P
7.1.A
Attached residential P P P P
4.6.C
Mobile Home Parks P
7.1.B
Human Care Facilities
Adult day care facility
Adult foster care family home (6 or fewer
adults)
P P P P P P
Adult foster care small group home (12 or
fewer adults)
SLU SLU SLU SLU SLU SLU
Adult foster care large group home (13 to 20
adults)
SLU SLU SLU
Adult Foster Congregate Care Facility SLU SLU SLU
Convalescent, Nursing Homes or Hospices SLU SLU SLU SLU SLU SLU
7.2.A
Foster family home (4 or fewer children 24
hours per day)
P P P P P P
Foster Family group home (5 or 6 children 24
hours per day)
P P P P P P
Family day care home (6 or fewer children
less than 24 hours per day)
P P P P P P
Group day care home (7 to 12 children less
than 24 hours per day)
SLU SLU SLU SLU SLU SLU
7.2.B
Child care centers, preschools, and
commercial day care
SLU SLU SLU SLU SLU SLU
7.2.C
Commercial
Bed and Breakfasts SLU SLU SLU SLU SLU SLU
7.3.B
Funeral Homes and Mortuaries SLU SLU SLU SLU SLU SLU
7.3.D
General Hospitals SLU SLU SLU
7.3.E
Urgent Care Facilities SLU SLU SLU SLU SLU
Institutional
Cemeteries SLU SLU SLU SLU SLU SLU
7.6.A
Colleges and Universities SLU SLU SLU
7.6.B
Municipal or public utility uses SLU SLU SLU SLU SLU SLU
7.6.C
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Residential Districts
Use R1-A R1-B RM-1 RM-2 RMH MHC
Add’l
Req’ts
Parks P P P P P P
Places of assembly, including places of
worship
SLU SLU SLU SLU SLU SLU
7.6.D
Public Library, Public Museum SLU SLU SLU
Schools SLU SLU SLU SLU SLU SLU
7.6.E
Accessory commercial uses may be conducted in a manufactured housing community in
separate, permanent structures and for such purposes as the office of the manager, laundry
and dry cleaning facilities, or other services for the residents of the park. Accessory uses
may also include clubhouses and recreational facilities. Adequate parking for such services
shall be provided. All accessory uses shall require full site plan review and approval.
SEC. 4.2 PROVISIONS APPLICABLE TO RESIDENTIAL DISTRICTS.
A. ACCESSORY BUILDINGS IN THE RESIDENTIAL DISTRICTS shall be subject to the following
regulations (also see City Building Code):
1. The sum total floor area of all accessory buildings, whether attached or detached,
shall not exceed 20% of the lot area, provided that in no instance shall the total
ground floor area of all accessory buildings never be below 920 square feet.
2. No more than two accessory buildings shall be allowed for each lot.
3. The height of detached accessory buildings and sheds shall not exceed eighteen (18)
feet in total height.
4. When an accessory building is structurally attached to a main building, it shall
conform to all regulations of this Ordinance applicable to the main building.
5. A detached accessory building incidental to the main building shall not be located in
a front yard. No accessory building shall be located closer than three (3’) feet to any
lot line. Accessory buildings shall be setback a minimum of five (5’) feet from any lot
line directly abutting an alley.
6. No detached accessory building shall be located closer than ten (10) feet to any main
building. No accessory building shall be constructed over or located within one (1’)
foot of a recorded easement.
7. No accessory building shall be constructed prior to the enclosure of the main
building.
8. An accessory building, irrespective of location, shall be incidental to the principal
permitted use and shall not involve any business, profession, trade or occupation.
9. All accessory buildings, including sheds, shall have a foundation and/or ratwall.
B. DWELLINGS PER LOT OR PARCEL. No more than one (1) single-family residential dwelling
shall be permitted per lot or parcel, except as provided in subsection F. below.
C. DWELLINGS WITHOUT BASEMENTS. Each one-family and two-family dwelling unit
without a basement shall provide not less than an additional one hundred (100) square
feet of floor area for utility rooms and/or storage space greater than the minimum floor
area per dwelling unit.
D. MEASURING MINIMUM FLOOR SPACE REQUIREMENTS. Minimum floor space
requirements as established by the various provisions of this Ordinance for residential
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dwelling shall be measured from the exterior surface of enclosing walls and the
centerline of common partition walls for each dwelling unit. Minimum floor area shall not
include cellars or basements, attached garages or attics, unheated breezeways, porches
or decks.
E. RESIDENTIAL ENTRANCEWAY. In all residential districts, so-called entranceway
structures, including, but not limited to, walls, columns and gates, marking entrances to
single-family subdivisions may be permitted and may be located in a required setback,
provided that such entranceway structures shall comply with all codes and ordinances of
the City and be approved by the Planning Commission.
F. SITE CONDOMINIUM SUBDIVISION. The intent of these requirements is to ensure that all
site condominium subdivisions are developed in compliance with accepted planning and
engineering standards applicable to similar forms of development, as reflected in the
City’s ordinances and requirements.
One-family detached condominiums may be allowed as a permitted use in any
single-family zoning district, subject to site plan review by the Planning Commission.
Commercial and industrial condominiums that result in condominium unit(s) shall also
be regulated by this Section and the district in which they are located.
1. Submission Requirements. All site condominium subdivision plans shall be
submitted for review, as required by
Article 3
of this Ordinance and Section 66 of the
Condominium Act, and include the following additional information:
a. A boundary survey of the site condominium subdivision site.
b. A plan delineating all natural and man-made features on the site, including, but
not limited to, drains, ponds, lakes, streams, floodplains, wetlands and woodland
areas.
c. The location, size, shape, area and width of all condominium units and common
areas and the location of all proposed streets.
d. A copy of the Master Deed and a copy of all restrictive covenants to be applied
to the project. Such deeds shall include an acceptable means of converting the
project to a platted subdivision, under the provisions of Act 288 of 1967, at some
future date.
2. Review Procedures. Pursuant to authority conferred by Section 141 of the
Condominium Act, all site condominium subdivision plans shall require approval by
the Planning Commission before units may be sold or site improvement initiated. In
determining whether to approve a site condominium subdivision plan, the Planning
Commission shall consult with the City Attorney, Planner and Engineer regarding
the adequacy of the submission as it relates to the City of Mount Clemens Zoning
Ordinance and requirements of the Condominium Act. The review process shall
consist of the following two steps:
a. Preliminary Plan Review. In the preliminary review phase, the Planning
Commission shall review the overall plan for the site, including basic road
and unit configurations and the consistency of the plans, with all applicable
provisions of the City of Mount Clemens Zoning Ordinance. Plans submitted for
preliminary review shall include information specified in items a. to c. of the
Submission Requirements in
subsection 1
. above.
b. Final Plan Review. Upon receipt of Preliminary Plan Approval, the applicant shall
prepare the appropriate engineering plans and apply for Final Review by the
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Planning Commission. Final plans shall include information as required by the
Submission Requirements in
subsection 1
. above. Such plans and information
shall be reviewed by the City Attorney, Engineer and Planner. Further, such
plans shall be submitted for review and comment to all applicable local, County
and State agencies. Final approval shall not be granted until such time as all
applicable review agencies have had an opportunity to comment on said plans.
3. District Requirements. The development of all site condominium subdivisions shall
observe the applicable yard setback and minimum floor area requirements of the
zoning district within which the project is located. The density of development of
the project shall be no greater and spacing no less than would be permitted if the
property were a platted subdivision.
4. Design Standards. All development in a site condominium subdivision shall conform
to the design and improvement standards of the City of Mount Clemens Subdivision
Regulations. All streets and roads shall be dedicated to the public, unless otherwise
permitted by the Planning Commission as essential to the preservation of the overall
character of the proposal. Street and road connections and/or stubs shall be required,
where necessary to provide continuity to the public road system.
5. In any of the foregoing referenced sections, the term "plat" shall be substituted with
the term "site condominium subdivision plan"; the term "tentative preliminary plat
approval" shall be substituted with the term "preliminary plan review"; the term "final
preliminary plat approval" shall be substituted with the term "final plan review";
and the term "proprietor" shall be deemed to refer to the applicant pursuant to this
Ordinance. Any applications, fees, procedures for review or hearing, as set forth in
these ordinances and their other provisions, shall be fully complied with, except as
provided herein.
6. Utility Easements. The site condominium subdivision plan shall include all necessary
easements granted to appropriate authority for the purpose of constructing,
operating, inspecting, maintaining, repairing, altering, replacing and/or removing
pipelines, mains, conduits and other installations of a similar character for the
purpose of providing public utilities, including, but not limited to, the conveyance
of sewage, water and stormwater run-off across, through and under the property,
subject to said easement.
7. Final Acceptance. The City shall also require all the appropriate inspections. After
construction of the site condominium subdivision, an as-built reproducible mylar
of the completed site improvements (excluding dwelling units) is to be submitted
to the City for review by the City Engineer. A final certificate of occupancy and any
construction bonds or letter of credit will not be released to the developer/owner until
said as-built mylar has been reviewed and accepted by the City.
G. OCCUPANCY OF PORTABLE UNITS. In no case shall a travel trailer, motor home,
automobile chassis, tent or portable building be considered a dwelling. Mobile homes
shall not be used as dwellings, except when located in, and as part of, a mobile home
park; or when located in zoning districts set forth in this Ordinance. All travel trailers,
motor homes and mobile homes parked or stored on lands not approved for such use as
herein set forth shall not be occupied.
SEC. 4.3 SINGLE-FAMILY RESIDENTIAL DISTRICTS, R1-A AND R1-B
A. Intent. The Single-Family Residential Districts are established to provide principally
for one-family dwellings at a scale consistent with existing residential development
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4
in the City. The specific interest of these districts is to encourage the continued use of
single-family dwellings, prohibit land use which would substantially interfere with the
development of one-family dwellings and to discourage any land use which, because of
its character and size, would result in the depreciation of existing property values.
B. DESIGN STANDARDS. In any single-family residential district, there shall be variation
in the appearance of dwelling units using the following as minimum standards. The
foregoing standards shall not apply to a manufactured home located in a licensed
manufactured housing community, except to the extent required by State or Federal law
or otherwise specifically required in the Zoning Ordinance of the City pertaining to such
parks.
1. The front elevation of single-family detached dwelling units shall not recur in the
same or a substantially similar structural form on another dwelling within the same
block frontage, without there being at least three (3) other dwellings with a different
building elevation between the dwellings that repeat the front elevation. Different
colors alone will not constitute different front elevations.
2. Plans for modulars, prefabricated units and similarly constructed units shall be
approved by the State of Michigan Construction Code Commission as meeting
the State Construction Code (Public Act 230 of 1972 and Public Act 371 of 1980, as
amended) prior to the issuance of a building or occupancy permit. Manufactured/
mobile homes or trailers shall meet or exceed the requirements imposed by the
United States Department of Housing and Urban Development Mobile Home
Construction and Safety Standards (24 CFR 3280 and as, from time-to-time,
such standards may be amended). The Planning Commission shall be furnished
a certificate stating that such dwelling meets the minimum building code
requirements applicable to such structure or shall include a seal attached to the unit.
Any addition to such manufactured home must be designed and constructed by the
manufacturer of such home or must be based upon an architectural plan deemed
compatible with the overall design of the manufactured home and approved by the
Planning Commission.
3. All one-family dwelling units shall have a minimum width across any front, side or
rear elevation of twenty-four (24’) feet.
4. All dwelling units shall be attached to a permanent foundation constructed on
the site in accordance with the building code and shall have a wall of the same
perimeter dimensions of the dwelling and additions thereto and constructed of such
materials and type as required in the building code. In the event that the dwelling
is a manufactured home, as defined herein, such dwelling shall also be installed
pursuant to the manufacturer’s set-up instructions and shall be secured to the
premises by an anchoring system or device complying with the rules and regulations
of the Michigan Mobile Home Commission and shall have a continuous perimeter
wall, as required above.
5. Single-family dwellings shall be aesthetically compatible in design and appearance
with other residences in the vicinity. In making such determination of compatibility,
the Planning Commission, while taking into consideration comments made by the
Community Development Director and/or the Mount Clemens Historic Commission,
may consider the following factors: total square footage; length-to-depth proportions;
value and quality of construction; exterior building materials; architectural style and
design and roof line; as well as the character, design and appearance of a majority of
the residential dwellings (excluding manufactured housing communities) within two
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Residential Districts
thousand (2,000) feet of the subject dwelling. The foregoing shall not be construed
to prohibit innovative design concepts involving such matters as solar energy, view,
unique land contour, or relief from the common or standard designed home.
6. AREA, HEIGHT, BULK, AND PLACEMENT REGULATIONS.
Building R1-A R1-B
Height (max.) 2 stories 35 ft. 2 stories 35 ft.
Lot Coverage (max.) 35% 35%
Impervious surface (max.) 40% 40%
Floor area (min.) (first floor/total)
1-story 1200/1200 1000/1000
1 1/2 -story 940/1340 800/1200
2-story 750/1500 650/1300
Tri-level structures shall meet the minimum floor area requirements
for story and one-half buildings and quad-levels shall meet the
minimum floor area requirements for the two-story buildings.
Siting R1-A R1-B
Front setback (min.) 25 ft. 25 ft.
Side Setback (min.)
Least 5 ft. 3 ft.
Total of Both 15 ft. 9 ft.
Rear Setback (min.) 30 ft. 30 ft.
Lot area (min.) 6,000 sq. ft. 5,000 sq, ft.
Lot width (min.) 60 ft. 50 ft.
For new construction in the R1-B district, the minimum distance
between primary structures shall not be less than nine (9’) feet.
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SEC. 4.4 RM-1 - MIXED RESIDENTIAL DISTRICT
A. Intent. The RM-1 district is intended for a mixture of housing types along corridors,
adjacent to single-family detached neighborhoods, and near the downtown. Infill
development consisting of urban-style attached residential units including townhouses,
flats, and small apartment buildings should be designed to fit the context of the
adjacent residential neighborhoods.
B. Siting and Building Requirements
Height
Minimum
2 stories 24 ft.
Maximum
3 stories 35 ft.
Ground Floor Elevation (min.) 3 ft.
Siting
Build-To/Dooryard 20 ft.
Frontage Build-To (min.) 65%
Side Setback (min. with firewall) 0 ft.
Side Setback (min. without
firewall) 5 ft.
Rear Setback (min.) 30 ft.
Building footprint per unit (max.) 1,500 sq. ft.
Facade width per unit (max. per
unit) 50 ft.
Facade width total (max) 120 ft.
Surface parking is not permitted directly between a
building facade and a street frontage.
Architectural Elements
Ground Floor Fenestration 25 to 70%
Upper Story Fenestration 25 to 70%
Illustrative
example of the
intent of this
district.
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Residential Districts
SEC. 4.5 RM-2 - PLANNED MULTI-FAMILY CAMPUS DISTRICT
A. Intent. The RM-2 district is intended for larger scale, planned multi-family development
consisting of apartment buildings. RM-2 complexes should be designed with a campus-
like character, providing shared open space, landscape buffering, and consistent site
design features.
B. Siting and Building Requirements
Height
Minimum 2 stories 24 ft.
Maximum 4 stories 45 ft.
Siting
Build-To/Dooryard 40 ft.
Side Setback (min.) 20 ft.
Rear Setback (min.) 50 ft.
Facade width total (max) 150 ft.
Architectural Elements
Ground Floor Fenestration 25 to 70%
Upper Story Fenestration 25 to 70%
Illustrative
example of the
intent of this
district.
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SEC. 4.6 RMH - MULTIPLE-FAMILY HIGH RISE DISTRICT
A. Intent. The Multiple-Family High-Rise District is designed to provide sites adjacent to
high traffic generators commonly found in the proximity of large acreage non-residential
development and areas abutting major thoroughfares. This district is further designed to
provide a zone of transition between traffic generators and residential districts through
the requirements of lesser land coverage which, in turn, will result in more open space.
B. SITE REQUIREMENTS.
1. Minimum lot width: one hundred (100) feet.
2. Maximum lot coverage: The overall ratio of residential useable floor area to total area
shall not exceed one to one (1:1).
3. Minimum Yard Setback from the Project’s Perimeter: Perimeter setbacks shall not be
based on building orientation.
a. The minimum front, side and rear setbacks shall be equal to one-half the building
height, but not less than twenty-five (25’) feet. Subject to site plan review the
Planning Commission may approve and recommend a greater building height and
lesser building setbacks than provided for above, taking into consideration the
particular location and environs, building design, and adjoining uses, all subject
to final approval by the City Planning Commission.
Minimum gross site area and open space in square feet, per dwelling unit:
Number of
bedrooms
Gross site area (min). per unit Open space area (min). per
unit
1 2,500 sq. ft. 300 sq. ft.
2 2,900 sq. ft. 400 sq. ft.
3 3,400 sq. ft. 500 sq. ft
Units with more than three (3) bedrooms shall provide an additional 1,000 square feet
of site area for each additional bedroom.
b. Plans presented which include a den, library or extra room shall have such extra
room counted as a bedroom for purposes of this Ordinance.
c. Efficiency units shall be regulated the same as one (1) bedroom units
d. The minimum number of square feet of open space area shall be provided in
addition to all required setbacks and greenbelts.
4. Landscaped greenbelts must be provided adjacent to, and surrounding each building
on the following basis:
Side of Building Required Greenbelt
Front 30 feet
Rear 40 feet
Sides 15 feet
5. Buildings which include attached garages may eliminate the required greenbelt on
sides of the building where garages are located in order to permit a parking apron
and paved access to garages. However, pavement shall not surround more than forty
(40) percent of the overall perimeter of the building.
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a. Each square foot of pavement which encroaches into a required greenbelt
must be replaced on another side of the same building. Site plans must clearly
dimension landscaped greenbelts and provide calculations in instances of
greenbelt transfer.
b. Areas used to facilitate utilities must maintain a thirty (30’) foot greenbelt.
6. Landscaping. Areas of the site not required to be hard-surfaced shall be sodded
and, where appropriate, planted with trees and shrubs as provided in Article 9 of
this Ordinance. In addition to the requirements of
Article 9
, one (1) tree shall be
provided for each unit within the development. Such trees shall be placed within the
required front yard greenbelt for each building. The Planning Commission may also
approve decorative plants and art objects which must be maintained as required for
greenbelts and planted strips under this Ordinance.
7. Driveways. All drives shall be twenty-four (24’) feet in width. For the purposes of this
Section, all paved areas within the site utilized for vehicular access and circulation
shall be considered drives.
8. Lighting. Adequate lighting facilities shall be provided for service drives and parking
areas and indicated on the site plan approved by the Planning Commission. Lighting
shall not exceed the standards provided in
Section 9.6
of this Ordinance.
9. Sidewalks. Sidewalks shall be provided along both sides of all drives within the
development.
10. Parking. In the RMH District, areas devoted to off-street parking, drives or
maneuvering lanes may not cover more than thirty (30) percent of the area of any
required setback.
C. BUILDING REQUIREMENTS.
1. Maximum Height of Each Building:
a. In Stories: Six (6).
b. In Feet: Eighty (80).
2. Building Length. No multiple-family building shall exceed one hundred fifty (150’) feet
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in length along any one face of the building.
3. Minimum Floor Areas for Multiple-Family shall be as follows:
a. EFFICIENCY UNIT. The term "Efficiency Unit" shall mean a dwelling unit containing
a minimum of six hundred fifty (650) square feet of floor area and consisting of
not more than one (1) room in addition to kitchen, dining and necessary sanitary
facilities.
b. ONE-BEDROOM UNIT. The term "One-Bedroom Unit" shall mean a dwelling unit
containing a minimum floor area of at least seven hundred fifty (750) square feet
per unit, consisting of not more than two (2) rooms in addition to kitchen, dining
and necessary sanitary facilities.
c. TWO-BEDROOM UNIT. The term "Two-Bedroom Unit" shall mean a dwelling unit
containing a minimum floor area of at least nine hundred fifty (950) square
feet per unit, consisting of not more than three (3) rooms in addition to kitchen,
dining and necessary sanitary facilities.
d. THREE OR MORE BEDROOM UNIT[S]. The term "Three or More Bedroom Unit" shall
mean a dwelling unit wherein for each room, in addition to the three (3) rooms
permitted in a two (2) bedroom unit, there shall be provided an additional area
of two hundred (200) square feet to be minimum floor area of one thousand one
hundred fifty (1,150) square feet.
i. In addition to the above minimum floor area per unit, thirty-two (32) square
feet shall be provided in each unit for utilities space (washer, dryer and work
space). Buildings with enclosed common tenant or occupant hallways, such
as apartment structures, may provide central utility rooms in lieu of the
individual unit spaces required above. In each building where a central utility
room is permitted, internal access shall be provided from each dwelling unit;
the central utility room shall contain twenty (20) square feet for each dwelling
unit in the building; and there shall be one (1) washer and one (1) dryer for
every four (4) dwelling units or fraction thereof.
4. Each development shall be limited to a maximum of ten (10) percent efficiency units
and a maximum of fifty (50) percent one-bedroom units.
SEC. 4.7 MANUFACTURED HOUSING COMMUNITY DISTRICT, MHC
A. Intent. The Manufactured Housing Community District is a residential district. The rules
are those set forth by the Mobile Home Commission, except for the following regulations
designed to provide adequate space and land use separation in harmony with the City’s
other zoning districts.
B. GENERAL SITE REGULATIONS.
1. Building Height. The maximum height of service buildings and permitted office
structures shall be two (2) stories or thirty-five (35’) feet.
2. Fire Hydrants. Fire hydrants of a size and a pressure to be used by the Mount Clemens
Fire Department shall be placed within said trailer coach park so that no trailer coach
shall be more than three hundred (300’) feet from a fire hydrant measured along
roadway or parking area.
3. Plumbing, Electrical and Cable TV. Plumbing and electrical installations shall be
maintained in accordance with Mount Clemens Plumbing and Electrical Codes. All
electric and telephone wiring shall be underground. Externally-mounted antennas
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Residential Districts
shall be prohibited, except that a master antenna shall be constructed and
maintained with underground leads servicing each manufactured home site.
4. Access to Public Roads. A manufactured housing community access road shall be
hard-surfaced and not less than thirty-six (36’) feet in width. Access roads shall
meet construction and all other requirements as determined by the City of Mount
Clemens, the Road Commission of Macomb County, and/or the Michigan Department
of Transportation.
5. Reference is hereby made to
Sections 11
,
12
and
13
of the Mobile Home Commission
Act (No. 419, P.A. 1976) which required, among other things, that a person who desires
to develop a manufactured housing community shall submit a preliminary plan to
the Mount Clemens Planning Commission for approval. The preliminary plan shall
include the location, layout, general design and a general description of the project
(see
Article 3
for submission requirements and procedures). The preliminary plan
shall not include detailed construction plans.
SEC. 4.8 RESIDENTIAL RENTAL RESTRICTION OVERLAY DISTRICTS.
Residential rental restriction overlay districts "RO-1" are hereby established.
A. PURPOSE AND OBJECTIVES.
1. The residential rental restriction overlay district "RO-1" is a zoning classification
which permits owners of property within R1-A and R1-B residential zoning districts
to petition the City Commission to establish an overlay district, and district use
regulations in their residential neighborhood, which would prohibit or restrict the
rental uses of single- family dwellings within the neighborhood. These districts
establish restrictions which operate to preserve the attractiveness, desirability
and privacy of residential neighborhoods by precluding all or certain types of rental
properties and thereby preclude the deleterious effects rental properties can have on
a neighborhood with regard to property deterioration, increased density, congestion,
crime, noise and traffic levels and reduction of property values. The goal of the overlay
district is to allow owners of property within residential neighborhoods to control the
types of rental properties, if any, that are permitted in one-family dwellings within
their neighborhood.
2. It is also the purpose of the districts to achieve the following objectives:
a. To protect the privacy of residents and to minimize noise, congestion and
nuisance impacts by regulating the types of rental properties;
b. To maintain an attractive community appearance and to provide a desirable living
environment for residents by preserving the owner-occupied character of the
neighborhood; and
c. To prevent excessive traffic and parking problems in the neighborhoods.
B. PERMITTED USES. Uses permitted in the Residential Rental Restriction Overlay District
RO-1 are as follows:
1. In a Residential Rental Restriction Overlay District RO-1 that overlaps a portion of a
district zoned as an R1-A or R1-B district, permitted uses are all uses permitted in the
underlying zoning district except the use or occupancy of a single-family dwelling
unit as a rental unit within the meaning of Section 16.202, Sec. 2 et seq. of the city
code is prohibited and a single-family dwelling converted into a two-family dwelling
unit after the introduction of an ordinance to create said overlay district, may not be
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used or occupied as a rental unit within the meaning of Section 16.202, Sec. 2 et seq.
2. Notwithstanding the foregoing, the overlay restriction does not impact properties
that already have a valid rental certificate of compliance, or have begun the rental
certificate of compliance process, as such will be considered a pre-existing non-
conforming use and will be "grandfathered". However, if a property owner allows a
rental certificate of compliance to remain expired more than 12 months, then the
property would lose any prior legal, non-conforming grandfathering and the property
will be subject to the restrictions set forth in 15.077 Sec. 7.7(B)(1) and/or 15.077 Sec.
7.7(B)(2).
C. PROCEDURES TO ESTABLISH A RESIDENTIAL RENTAL RESTRICTION OVERLAY DISTRICT
RO-1. The following procedures must be complied with in order to establish a Residential
Rental Restriction Overlay District:
1. A petition requesting an overlay district must be submitted to the City Clerk on forms
provided by the City Clerk. The petition requirements are as follows:
a. The proposed boundaries of the overlay district must be entirely within an R1-A
or R1-B zoning district and the parcels within the proposed district must be
contiguous.
b. There must be at least 40 separate lots or parcels within the proposed district
as described in the petition or the proposed district must constitute a discrete
neighborhood geographic area.
c. The proposed boundaries may not overlap a boundary of existing overlay districts
or the boundary of an overlay district that is already the subject of an introduced
ordinance pursuant to this section.
d. The proposed district boundaries must be approved by the Community
Development Department in conjunction with the petitioner prior to the petition
being circulated for signatures. Once approved by the Community Development
Department and the petitioner, the proposed district boundaries may not be
changed.
e. The petition must identify the specific overlay district that is sought by specifying
the proposed boundary of the overlay district. The proposed boundaries of the
overlay district must be described in the petition and the boundaries must, if
practicable, consist of streets, alleys, platted subdivision boundaries or existing
zoning district lines which totally enclose the proposed district.
f. The petition must accurately advise the signer of the rental restriction that would
be imposed on the property if the overlay district is established.
g. Each petition must be circulated by a person who owns property within the
proposed district and be signed by the circulator.
h. The petition must contain the signature and address of two-thirds of the parcel
owners within the proposed boundary of the overlay district, exclusive of public
property. Jointly owned parcels will be considered owned by a single person for
purpose of petitioning and any co-owner may sign a petition for such parcel.
Only one owner of each parcel will count towards the two-thirds requirement. If a
person owns more than one parcel of property within the proposed district, they
may sign the petition for each parcel they own.
i. Each person signing the petition must also enter on the petition, adjacent to their
signature, the date that the person signed the petition and the address of the
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parcel they own.
j. When submitted, no signature dated earlier than six months prior to the time the
petition is filed with the City Clerk shall be counted in determining the validity of
the petition.
2. Upon presentation to the City Clerk for review, the Clerk shall verify the signatures
and property ownership and dates on the petitions. If insufficient signatures are
presented, the Clerk shall return the petitions to the person filing the petitions and
identify the valid and invalid signatures. If sufficient valid signatures are presented,
the Clerk shall refer the petitions to the Community Development Department which
shall then, within 30 days, determine whether the petitions are in conformity with the
remaining conditions of this section.
a. If the petition is determined to be in conformity with the requirements of
this section, the Community Development Director shall draft an appropriate
ordinance in accordance with the petition procedures set forth in 15.0157
Sec. 15.7.
All procedures set forth in 15.0157 Sec. 15.7 for zoning changes by petition shall
thereafter be followed.
b. If the petition is not in conformity with the requirements of this section, the
Community Development Director shall reject the petition and return it to
the Clerk with a written explanation as to why the petition does not meet the
requirements of this section. The Clerk shall then forward the petitions, and the
explanation, to the person who filed the petitions.
c. If the petition is rejected for failure to comply with the boundary requirements,
it may be resubmitted with the proper boundary lines if it is accompanied by
certification that a copy of the petition and written notice was mailed to each
property affected by the change, notifying them that their property was either
added to or deleted from the petition and if by the correction of the boundary line
the petition still meets all other requirements of the code.
d. If the petition is rejected for an insufficient number of valid signatures, it may be
resubmitted with the additional signatures necessary to have it comply as long
as the other signatures remain valid.
3. No earlier than one year after the adoption of an ordinance establishing an overlay
district, a petition for a change or removal of the overlay district may be submitted by
following the procedures for establishing an initial overlay district.
D. EFFECT OF OVERLAY DISTRICT ORDINANCE.
1. Upon introduction of an ordinance to create an overlay district and at all times
while the ordinance is pending final decision there shall be a moratorium on the
issuance of initial rental unit certifications to the extent that no initial rental housing
certification shall be issued within the proposed overlay district to the owner of
a single-family dwelling unit that would be precluded if the overlay district was
adopted, or a single-family dwelling converted into a two-family dwelling unit after
the introduction of an ordinance to create said overlay district, regardless of whether
the license was applied for prior to or subsequent to the ordinance’s introduction.
2. Upon passage of an ordinance by the City Commission establishing an overlay
district, no initial rental unit certification shall be issued to an owner of property in
the overlay district inconsistent with the restrictions of the overlay district and it
shall be unlawful to use or allow any property to be used except in conformity with
the requirements of the underlying zoning district and overlay district. Any property
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in the overlay district that has an existing rental housing certification, or has had
a rental certification within one year of adoption of the overlay district, shall be
allowed to continue its use and occupancy in accordance with the law existing prior
to the date of the adoption of the overlay district. No existing rental housing use
or occupancy in an overlay district shall be considered to be a nonconforming use
as the result of adoption of an overlay district unless the rental license expires for
more than one year. If an owner surrenders an existing certification or allows, either
intentionally or unintentionally, a license to remain expired for more than one year,
any subsequent use of the property shall be subject to the restrictions imposed by
the overlay district.
3. If an ordinance introduced pursuant to this section is denied, a subsequent
ordinance for an overlay district that includes the same parcels may not be
introduced for one year following introduction of the previous ordinance.
4. Any ordinance which is not adopted within six months of its introduction shall be
deemed denied.
E. RENTAL CERTIFICATION HARDSHIP EXCEPTION. In zoning districts RO-1, Residential
Rental Restriction Overlay Districts, where new residential rental certifications are
prohibited, no new rental certifications shall be issued except a rental certification
obtained through the following procedure established for a hardship exception:
1. Any property owner desiring a "hardship exception" must submit their request for
a hardship exception in writing to the Zoning Board of Appeals, which shall make a
determination of whether a hardship exists as defined by this article.
2. A "hardship" for purposes of this article shall be defined as the inability of the owner
to purchase or pay for one or more of the following without the ability to obtain rents
on the subject property:
a. Medical care or a medical device for the owner or the owner’s dependents;
b. Debts of the owner resulting from a mortgage, land contract or other loan used
to purchase the subject property where there is no other available source to pay
such debts; or
c. Debts of the owner due to child support, alimony, a tax lien, funeral expenses, or a
judgment.
3. A "hardship" shall also include the following circumstances: Where a homeowner
owns property that is occupied by the owner and a change in the owner’s personal
circumstances require a rental to preserve the financial stability of the owner. For
example, this section would apply to a person who is required to temporarily relocate
their residence for a period of time and needs to rent their home in their absence.
4. The hardship exception allows the issuance of a rental certification for a period of 12
months or less and only one appeal per property is permitted per year.
5. Any owner who has already been renting property without having obtained the
required rental certification is disqualified from seeking a hardship exception.
6. It shall be the burden of the person seeking the hardship exception to provide proof
of the hardship, including submission of financial documentation necessary for the
Zoning Board of Appeals to make a reasoned decision on the request.
7. Any person requesting a hardship exception shall have a right to a hearing before
the Zoning Board of Appeals within 30 days of the initiation of the request, and the
Zoning Board of Appeals shall issue a final and binding written decision within 14
days of the hearing.
City of Mount Clemens Zoning Ordinance
5-1
5
ARTICLE 5
COMMERCIAL/MIXED-USE DISTRICTS
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Commercial Mixed-Use Districts
5
SEC. 5.1 COMMERCIAL/MIXED-USE USE TABLE
In the Commercial/Mixed-Use Districts, land, buildings, and other structures shall be used
only for one or more of the uses specified in the table below. Uses denoted by a "P" are
permitted by right and uses denoted by a "SLU" are considered special land uses and may
be approved by the Planning Commission subject to the applicable general and specific
standards in
Article 13
: Special Land Uses. Additional applicable use standards are listed in
the column at right.
Use MU CBD GC INST
Add’l
Req’ts
Residential
Single-Family detached dwellings P
Attached residential P P
1
Human Care Facilities
Convalescent, Nursing Homes or Hospices P P
7.2.A
Family day care home (6 or fewer children less than 24
hours per day)
P P
Group day care home (7 to 12 children less than 24 hours
per day)
SLU SLU
7.2.B
Child care centers, preschools, and commercial day care P P P P
7.2.C
Commercial
Adult Entertainment and Business Uses SLU
7.3.A
Bank P P P
Bed and Breakfasts SLU SLU
7.3.B
Commercial recreation P
Drive-through facilities SLU P
7.3.C
Eating and Drinking establishments P P P
Funeral Homes and Mortuaries SLU SLU
7.3.D
General Hospitals P SLU P P
7.3.E
Kennel P
7.3.F
Lodging P P
Outdoor Retail Sales SLU
7.3.H
Professional, Medical, and Business Offices P P P P
Retail Sales and Services P P P
Urgent Care Facilities SLU SLU P P
Automobile maintenance and repair (minor) SLU
Car washes SLU
Outdoor Vehicle Sales or Leasing SLU
Gasoline Service Stations SLU
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Commercial Mixed-Use Districts
Use MU CBD GC INST
Add’l
Req’ts
Medical Marihuana Provisioning Centers P
Industrial
Brewery/Distillery SLU P P
7.5.A
Research, Development, and Testing Services, including
Laboratories
SLU SLU
Production of consumer goods, such as food, beverages,
art, or clothing
P P
7.5.B
Contractor Outdoor Storage Yards SLU
Workshop/Showroom P P
Institutional
Colleges and Universities SLU SLU SLU
7.6.B
Municipal or public utility uses P P
7.6.C
Parks P P P
Places of assembly, including places of worship SLU SLU SLU SLU
7.6.D
Public Library, Public Museum SLU P SLU P
Schools SLU SLU SLU
7.6.E
Studio, such as art, dance, health, music or other similar
place of instruction
P P P P
1
Attached Residential not permitted on ground floor in CBD
SEC. 5.2 PROVISIONS APPLICABLE TO COMMERCIAL DISTRICTS
A. EXTERIOR FACING MATERIALS. The exterior of all buildings hereafter erected shall be
constructed of aesthetically pleasing brick and/or stone building materials. Other
durable, decorative building materials may be approved by the Planning Commission
in instances where the character and style of the proposed structure warrants special
consideration. The architecture and approved exterior finish of any building shall be
complementary and compatible in style and be of uniform finish on all sides of its
exterior when the site is adjacent to any residential district. Within the Commercial
Districts, the architecture and approved exterior finish shall be returned on the building
side(s) a sufficient distance, as determined by the Planning Commission, to provide a
continuous appearance when viewed diagonally from the street.
B. DESIGN STANDARDS. Buildings shall have architectural variety but enhance the overall
cohesive community character.
1. Walls visible from the public right-of-way shall include architectural features
customarily found on the front facade of a building, such as windows, awnings,
cornice work, columns, edge detailing or other decorative finish materials. Wall
massing shall be broken up with vertical pilasters or other architectural elements to
reduce scale.
2. Building walls over one hundred (100) feet long shall be broken up with varying
building lines, vertical architectural features, windows, architectural accents, and
trees.
3. Building entrances shall utilize windows, canopies, and awnings; provide unity of
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Commercial Mixed-Use Districts
5
scale, texture, and color; and clearly identify the entry.
4. Building-mounted mechanical equipment shall be screened.
C. EXISTING BUILDINGS. The following shall apply to additions or remodeling of existing
buildings or to accessory buildings on existing sites:
1. Where a new wall material is proposed for an existing building wall, only that portion
of the building being altered shall be subject to this Section. However, in considering
the proposed alteration, the City may modify the material requirements of this
Section to ensure consistency with the architecture of the remainder building.
2. Where an addition is proposed to an existing building, the Planning Commission or
Community Development Director may allow the use of existing or compatible wall
materials for the addition; provided that the design of the alteration is consistent
with the existing building wall design.
D. ACCESSORY BUILDINGS. In commercial/mixed-use districts, accessory buildings shall
only occupy any of the ground area which the principal building is permitted to cover.
Accessory buildings, such as buildings for parking attendants, guard shelters, gate
houses and transformer buildings, may be located in the front or side yard setback
in non-residential districts, upon Planning Commission approval. All such buildings
or structures shall be architecturally and aesthetically compatible with the principal
building and be located and landscaped to reduce the visual impact from surrounding
properties and from public streets.
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Commercial Mixed-Use Districts
SEC. 5.3 MU - MIXED-USE DISTRICT
A. Intent. The intent of the Mixed-Use district is to accommodate a flexible variety of
uses and scales; preserve historic detached houses; integrate context-sensitive mixed
residential, office, and service uses; and serve as a transition from the denser CBD to
surrounding residential neighborhoods.
B. Siting and Building Requirements
Height
Minimum 2 stories 24 ft.
Maximum 4 stories 45 ft.
Ground Floor Elevation - Residential
Units (min.) 3 ft.
Siting
Build-To/Dooryard 0-10 ft.
Block-Sensitive Setback Required
Frontage Build-To (min.) 65%
Side Setbacks (min.) 0 ft.
Rear Setback (min.)
10 ft.
Adjacent single-family residential
setback (side and rear) 25 ft.
Architectural Elements
Ground Floor Fenestration 25 to 90%
Upper Story Fenestration 25 to 70%
Illustrative
example of the
intent of this
district.
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Commercial Mixed-Use Districts
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SEC. 5.4 CBD - CENTRAL BUSINESS DISTRICT
A. Intent. The intent of the CBD is to create a pedestrian-friendly, compact, mixed-use
district. This district is intended for the most density in Mount Clemens. Typically, the
mixture of uses are ground floor storefronts with retail and entertainment uses and
offices and residential on upper stories
Height
Minimum 2 stories 30 ft.
Maximum 7 stories 75 ft.
Second Floor Finished
Elevation
16 ft. to 22 ft.
Upper Stories Clear Height
(min.)
9 ft.
Siting
Build-To/Dooryard 0 ft.
Frontage Build-To (min.) 85%
Side Setbacks (min.) 0 ft.
Rear Setback (min.) 0 ft.
Architectural Elements
Ground Floor Fenestration 40 to 90%
Upper Story Fenestration 25 to 90%
B. Siting and Building Requirements
Illustrative
example of the
intent of this
district.
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Commercial Mixed-Use Districts
C. Storefront Frontage. This additional designation in the CBD and Mixed-Use
districts requires ground floor storefront uses and architectural requirements in order
to preserve the walkable, active downtown interface with the public realm. Storefront
buildings shall also meet the design specifications for the CBD and Mixed-Use districts,
except as provided herein:
1. Fenestration
a. Ground floor fenestration shall comprise between 70% and 90% of the ground
story facade.
b. Ground floor windows may not be made opaque by window treatments (except
operable sunscreen devices). A minimum of 80% of the window surface shall allow
a view into the building interior for a depth of at least 12 feet.
c. The bottom of the window must be no more than 3 feet above the adjacent
exterior grade.
2. Horizontal Articulation
a. Horizontal articulation is the arrangement and proportion of facade materials and
elements (windows, doors, columns, pilasters, and bays) into discreet bays.
b. For each block frontage, facades shall be divided into discreet horizontally
articulated bays at no greater than 60 feet each.
c. Adjacent facades shall contain different wall materials and rhythm of bays to
distinguish each storefront in the horizontal plane.
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d. There shall be a minimum of one functional entrance every full 25 feet of frontage.
3. Ground floor Articulation
a. Storefront buildings shall be designed to create a distinct and separated ground
floor area through the use of a horizontal expression line, such as a string course,
change in material or textures, awnings or canopies, or sign band between the
first and second stories.
4. Uses
Only Active Ground Floor Uses are permitted:
a. Retail sales and services
b. Restaurant/Bar/Lounge
c. Residential and Lodging Uses: Support functions such as lobbies, rental offices,
and club rooms may be located on the ground floor.
d. Offices
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Commercial Mixed-Use Districts
SEC. 5.5 INST – INSTITUTIONAL CAMPUS DISTRICT
A. Intent. The Institutional Campus district is established for the development of major
educational, governmental, and medical facilities and other complementary and
supporting uses such as office developments and attached residential. The Institutional
district encourages campus-type character, which includes landscaped open space
between buildings, a green buffer at the perimeter, and uniform site design and details.
B. Siting and Building Requirements
Height
Minimum
1 story 16 ft.
Maximum
9 stories 95 ft.
Siting
Setbacks 30 ft.
For the elevation adjacent to a residential district, the
floors above the second story shall be tiered-back so
that the highest point of the building is setback from the
adjacent residential district a distance at least equal to
the height of the building.
Lot Coverage (max.) 75%
Wherever an off-street parking area is adjacent to a
residential district, there shall be a minimum parking
lot setback of 50’ with a continuous obscuring wall,
fence and/ or landscaped area at least 42" in height
shall be provided. The zoning administrator may reduce
this buffer based on the provision of landscaping,
the presence of existing trees or in consideration of
topographic conditions.
Architectural Elements
Ground Floor Fenestration 40 to 90%
Upper Story Fenestration 25 to 90%
Illustrative
example of the
intent of this
district.
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SEC. 5.6 GC - GENERAL COMMERCIAL DISTRICT
A. Intent. The GC General Commercial District is designed to provide for a wide diversity
of business activities which are predominantly, but not necessarily, totally retail in
character. In addition to retail uses, a number of other activities, usually requiring
considerable land area and access to major thoroughfares, are permitted. Uses in
this district normally must have good automobile accessibility but should not cause
congestion on adjacent thoroughfares.
B. Siting and Building Requirements
Height
Minimum 1 story 16 ft.
Maximum 2 stories 30 ft.
Siting
Front Setback (min.) 20 ft.
The Planning Commission may vary the front yard
setback upon site plan review where it is found
that the change in setback serves to promote more
uniform access, interconnection of adjacent parking
facilities or the aesthetic quality of the block front.
Rear Setback (min.) 20 ft.
Setback when adjacent to
residential (min.) 30 ft.
Lot Area (min.) 15,000 sq. ft.
Lot Width (min.) 80 ft.
City of Mount Clemens Zoning Ordinance
6-1
ARTICLE 6
INDUSTRIAL DISTRICTS
6
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Industrial Districts
6
SEC. 6.1 INDUSTRIAL USE TABLE
In the Industrial Districts, land, buildings, and other structures shall be used only for one or
more of the uses specified in the table below. Uses denoted by a "P" are permitted by right
and uses denoted by a "SLU" are considered special land uses and may be approved by the
Planning Commission subject to the applicable general and specific standards in
Article 13
:
Special Land Uses. Additional applicable use standards are listed in the column at right.
Uses I-1 I-2
Add’l
Req’ts
Residential
Single-Family detached dwellings SLU SLU
Attached residential SLU SLU
Commercial
Commercial recreation SLU SLU
Kennel P P
Nurseries and Greenhouses SLU P
7.3.G
Outdoor Retail Sales P P
7.3.H
Professional, Medical, and Business Offices P
Retail sales adjunct to a principal use P P
Transportation
Automobile engine and body repair (major) P P
Automobile maintenance and repair (minor) P P
Boat service facilities P P
Boat storage (indoor or outdoor) P P
Outdoor Vehicle Sales or Leasing P P
Truck Terminals SLU
Industrial
Brewery/Distillery P P
7.5.A
Research, Development, and Testing Services, including Laboratories P P
Production of consumer goods, such as food, beverages, art, or clothing P P
7.5.B
Warehousing/distribution and wholesale establishments P P
Mini-warehouse or self-storage facilities P P
Light manufacturing, compounding, processing, assembly, and packaging
of previously prepared raw materials
P P
Heavy manufacturing, fabrication, and assembly of raw materials that may
have external physical impacts to surrounding districts
P
Junk yards, composting, incinerators, transfer, and recycling stations SLU
Contractor Outdoor Storage Yards P P
Wireless communication towers SLU SLU
Workshop/Showroom P P
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6
Uses I-1 I-2
Add’l
Req’ts
Medical Merihuana Grower Facilities as authorized by City of Mount
Clemens Ordinance No. 20. 124.
P P
Medical Marihuana Safety Compliance Facilities as authorized by City of
Mount Clemens ordinance No. 20. 124.
P P
Medical Marihuana Processor Facilities as authorized by City of Mount
Clemens Ordinance No. 20. 124.
P P
Medical Marihuana Secure Transporter Facilities as authorized by City of
Mount Clemens Ordinance No. 20. 124.
P P
Medical Marihuana Provisioning Centers as authorized by City of Mount
Clemens Ordinance No. 20. 125.
P P
Institutional
Municipal or public utility uses P P
7.6.C
Studio, such as art, dance, health, music or other similar place of
instruction
P P
SEC. 6.2 PROVISIONS APPLICABLE TO INDUSTRIAL DISTRICTS
A. EXTERIOR FACING MATERIALS. A minimum of fifty (50) percent of the front yard exterior
of all buildings hereafter erected shall be constructed of aesthetically pleasing clay brick
and/or stone building materials. The remainder of the building shall be constructed of
color impregnated split-block or pre-fabricated decorative metal siding. Other durable,
decorative building materials may be approved by the Planning Commission in instances
where the character and style of the proposed structure warrants special consideration.
The architecture and approved exterior finish of any building shall be complementary
and compatible in style and be of uniform finish on all sides of its exterior when the site
is adjacent to any non-industrial district. Within the Industrial Districts, the architecture
and approved front yard exterior finish shall be returned on the building side(s) a
sufficient distance, as determined by the Planning Commission, to provide a continuous
appearance from the street.
B. ADDITIONAL SITE REQUIREMENTS. The following additional site requirements also apply
to the Industrial Districts:
1. No part of any building, parking access and/or service area, loading/unloading,
outdoor storage, gas tanks, or similar structure or facility may be located closer
to any property line adjacent to a residential district than specified in the I-1 or I-2
building setback requirements.
2. No outdoor storage shall be permitted unless it is part of an approved site plan. If
no outdoor storage will be created, then the site plan shall contain a signed certified
statement to that effect by the owner of the property.
3. I-2 Industrial uses to be conducted wholly within a building or within a building and/
or an area enclosed within a wall or fence to the standards of Section 4.10 and/or
11.2B
. with a landscaped front yard and with the side or rear yard used for loading,
unloading and parking; the fence shall be located not less than fifty (50’) feet from
the front property line and street side property line. Outside of said fence shall be
provided a twenty (20’) foot wide greenbelt with plantings not less than eight (8’) feet
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City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
Industrial Districts
6
in height to screen the view of storage materials and/or activity from the street and
adjacent properties. On the interior side property line and rear property line, the fence
shall be located on the property line.
4. General Regulations and Limitations on Uses.
a. Noise. Noise shall not exceed sixty-five (65) decibels measured at the front site
line and as measured at any site line which is adjacent to any MU, GC, or CB
commercial zone or any residential use or zoning district.
b. Odors and gases. No obnoxious odors or gases shall be emitted which may be
harmful or irritating to the public health and/or safety.
c. Glare and heat. Glare and heat from arc welding, acetylene torch cutting or
similar processes shall be shielded in such a manner as to prevent any danger
or discomfort to persons outside of any building where such operation is being
conducted.
d. Vibration. Shall not cause a ground displacement exceeding .003 inch as
measured at any site line of the premises and not detectable at any residential
district boundary.
e. Smoke. Emission of smoke shall not exceed the number 2 standard as
established by the Ringlemann Chart for consecutive periods of four (4) minutes
in any thirty (30) minutes. For the I-2 District this requirement shall be decreased
to periods of three (3) minutes in any fifteen (15) minutes.
f. Dirt, dust and fly ash. The emission of dirt, dust and fly ash shall not exceed .3
grains per cubic foot of flue gas as measured at stack temperature of 500 degrees
Fahrenheit with not to exceed fifty percent (50%) excess air. No haze shall be
caused by such emission which would impair visibility.
g. Radioactive materials. No radioactive materials shall be emitted in excess of
standards established for human safety by the National Institute of Standards
and Technologies.
h. Power. Power utilized in any industrial activity shall be derived only from
electrical energy or smokeless fuels containing less than twenty percent (20%)
volatile content on a dry basis. Bituminous coal shall be fired only by mechanical
equipment.
i. Electrical Radiation. Electrical radiation shall not adversely affect at any point
any operations or any equipment other than those of the creator of the radiation.
Avoidance of adverse effects from electrical radiation by appropriate single or
mutual scheduling of operations is permitted.
j. Waste. All sewage and industrial wastes shall be handled, stored, treated, and/
or disposed of in compliance with all Federal and State of Michigan laws and
regulations.
k. Storage in the I-2 District. All outdoor storage shall require Planning Commission
approval and meet the standards of
Section 8.6
.
i. Inside and underground storage other than junk: Such storage is permitted
provided compliance is made with all applicable fire, safety and health
regulations.
ii. Outside storage other than junk: No materials, goods, and/or supplies used
in connection with or part of any industrial use shall be stored, located
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Industrial Districts
6
or deposited in a manner so as to obstruct or interfere with any roadway,
driveway, or maneuvering lane on the premises which could be used as a
means of access for fire-fighting equipment.
iii. Outside storage of junk and/or industrial waste incidental to an industrial
use: Any such storage shall not exceed ten (10) days and shall be completely
enclosed within a tight, unpierced masonry, wood or metal fence and shall
comply with the requirements of
Section 9.2
and
9.3
and l(2) above.
5. Requirements for and Limitations on Equipment and Machinery.
a. Automatic screw machines. Such machines must be equipped with noise
silencers or other sound absorbing devices and must not be located closer than
five hundred (500’) feet to any residential zoned district.
b. Stamping machines, punch presses, press breaks and hydraulic presses shall not
be located closer than five hundred (500’) feet to any residential zoning district or
developed residential site. All such machines shall be placed on shock absorbing
mountings located on suitable reinforced concrete footings. No such machine
shall be loaded beyond such capacity as may be prescribed by the manufacturer
of the machine.
c. Hammers, steam or board and hot forgings. Not permitted in the I-1 District. In the
I-2 District, no such machine or operation is permitted closer than one thousand
(1,000’) feet to any residential zoning district. Such machine or operation is
otherwise permitted when placed on shock absorbing mountings located on a
suitable reinforced concrete footing, all of which shall be completely enclosed
within a masonry type building.
6. Accessory buildings. In industrial districts, accessory buildings shall only occupy
any of the ground area which the principal building is permitted to cover. Accessory
buildings, such as buildings for parking attendants, guard shelters, gate houses
and transformer buildings, may be located in the front or side yard setback in
non-residential districts, upon Planning Commission approval. All such buildings
or structures shall be architecturally and aesthetically compatible with the
principal building and be located and landscaped to reduce the visual impact from
surrounding properties and from public streets.
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SEC. 6.3 I-1, LIGHT INDUSTRIAL DISTRICT AND I-2 HEAVY INDUSTRIAL DISTRICT
A. Intent. The I-1 Light Industrial District is designed to primarily accommodate industrial
operations conducted wholly within a building and whose external physical effects are
restricted to the area of the district and in no manner impact in a detrimental way any of
the surrounding districts.
B. The I-2 Heavy Industrial District is established primarily for manufacturing, assembling
and fabrication activities including large scale or specialized industrial operations
whose external physical effects will be felt to some degree by surrounding districts.
The District is so structured as to permit, in addition to light manufacturing uses, the
manufacturing, processing and compounding of semi-finished or finished products from
raw materials.
C. Siting and Building Requirements
Height I-1 I-2
Maxiumum 2 stories 40 ft. 3 stories 50 ft.
Siting
Front Setback (min.) 25 ft. 25 ft.
Side Setback (min) Least 5 ft. 20 ft.
1
Total of Both 25 ft.
Rear Setback (min.) 25 ft. 20 ft.
Setback when adjacent
to residential (min.)
1 ft. for every 1ft. of building
height or 25 ft., whichever is
greater
1 ft. for every 1ft. of building
height or 50 ft., whichever is
greater
Lot Area (min.) - 20,000 sq. ft.
Lot Width (min.) - 100 ft.
D. Footnotes to I-2 Requirements:
1. Corner lot side yards must equal the setback required for the front yards on the
street to which they side. If an exterior yard borders a district other than an industrial
district there shall be provided a side yard setback of not less than fifty (50’) feet.
2. The distance, at the closest point, between any two (2) buildings on the same site
shall not be less than thirty (30’) feet.
City of Mount Clemens Zoning Ordinance
7-1
ARTICLE 7
USE STANDARDS
7
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City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
Use Standards
7
SEC. 7.1 RESIDENTIAL USE STANDARDS
A. TWO-FAMILY DWELLINGS.
1. The proposed use shall be located on the corner lot of a local street; or the site shall
front a road designated as a Local Collector or any roadway designation of a more
intense use as specified in the City of Mount Clemens Master Plan.
B. MOBILE HOME PARKS
1. As defined and subject to the requirements as established and regulated by Act 419
of the Public Acts of 1976, as amended, and all applicable codes and ordinances of
Mount Clemens.
SEC. 7.2 HUMAN CARE USE STANDARDS
A. CONVALESCENT, NURSING HOMES OR HOSPICES.
1. All such facilities shall have ingress and egress from a site directly onto an arterial or
collector street.
2. There shall be provided at least eight hundred (800) square feet of lot area per bed.
B. GROUP DAY-CARE HOME (7—12 CHILDREN).
1. The proposed use shall not be located closer than one thousand five hundred (1,500’)
feet to any of the following facilities, as measured along a street, road or other
thoroughfare, excluding an alley:
a. Another licensed group day-care home.
b. Another adult foster care small group home or large group home, licensed by the
State of Michigan.
c. A facility offering substance abuse treatment and rehabilitation service to seven
(7) or more people, whether or not it is licensed by the State of Michigan.
d. A community correction center, resident home, halfway house, or other similar
facility which houses an inmate population, under the jurisdiction of the
Department of Corrections or a similar governmental authority.
2. Fencing shall be required next to residential uses or districts in accordance with
Section 4.10. All outdoor play areas shall be enclosed.
3. The requested site and building shall be consistent with the visible characteristics of
the neighborhood. The group day-care home shall not require the modification of the
exterior of the dwelling nor the location of any equipment in the front yard.
4. The proposed use, if approved, may have one (1) non-illuminated sign that complies
with the Mount Clemens Sign Ordinance and shall display only the name and address
of the family day-care home.
5. Operating hours shall be limited from 7:00 a.m. to 11:00 p.m. daily.
6. The proposed use, if approved, shall be inspected for compliance with these
standards prior to occupancy and at least once each year thereafter within ten (10)
days of the anniversary of the Certificate of Occupancy.
C. CHILD CARE CENTERS, PRESCHOOLS, COMMERCIAL DAY CARE
1. There shall be a minimum of fifty (50) square feet of indoor or outdoor play area per
child and provided that such total area shall not be less than two thousand (2,000)
square feet.
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2. The use shall abut and have direct access to an arterial or collector roadway.
3. The outdoor play area shall not be located in the required front yard and shall not
abut a public road right-of-way. Outdoor play areas shall be fenced and located
away from heavily traveled roads or other uses that could pose a safety hazard. As
determined by the Planning Commission, the outdoor play area shall be enclosed
by a minimum three (3) foot tall ornamental or black vinyl-coated chain link fence,
and where the site abuts an adjoining single-family residential lot a six (6) foot tall
privacy fence shall be provided.
4. An on-site drive shall be provided for drop-offs\loading. This drive shall be arranged
to allow one way flows for drop off lanes.
5. Buildings and parking lots shall be setback a distance sufficient to meet the
screening requirements of
Section 9.2.
6. Landscaping and screening meeting the requirements of
Section 9.2
for commercial
uses shall be provided.
7. Where the outdoor play area adjoins an industrial use, adequate buffering shall
be provided to ensure that the outdoor play area is safe for children in terms of air
quality, noise, traffic, explosive/flammable/hazardous materials or other industrial
hazards.
8. A copy of the State license shall be submitted to the Building Department prior to
operation of the day care.
SEC. 7.3 COMMERCIAL USE STANDARDS
A. ADULT ENTERTAINMENT AND BUSINESS USES.
1. In the development and execution of this Ordinance, it is recognized that there are
some uses which, because of their very nature, are recognized as having serious
objectionable operational characteristics, particularly when several of them are
concentrated under certain circumstances, thereby having a deleterious effect upon
the adjacent areas. Special regulation of these uses is necessary to ensure that these
adverse effects will not contribute to the blighting or downgrading of the surrounding
neighborhood. In addition to the review standards contained in this Article, additional
special regulations are itemized in this Section. The primary control or regulation is
for the purpose of preventing a concentration of these uses in any one area (i.e., not
more than two (2) such uses within one thousand (1,000’) feet of each other) which
would create such adverse effects.
2. The Planning Commission may waive the locational requirement established in
subsection A. herein for adult entertainment and business establishments if the
following findings are made:
a. That the proposed use will not be contrary to the public interest or injurious
to nearby properties, and that the spirit and intent of this Ordinance will be
observed.
b. That the proposed use will not enlarge or encourage the development of a "skid
row" area.
c. That the establishment of an additional regulated use in the area will not be
contrary to any program of neighborhood conservation.
d. That all applicable regulations of this Ordinance will be observed.
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3. For establishments for the sale of beer or intoxicating liquor for consumption on
the premises, the City Commission may waive the locational requirements if the
findings required in subsection B. can be made and after receiving a report and
recommendation from the Planning Commission.
a. It shall be unlawful to hereafter establish any adult book store, adult motion
picture theater, adult novelty store, or class "D" cabaret within five hundred
(500) feet of any building containing a residential dwelling or rooming unit. This
prohibition may be waived if the person applying for the waiver shall file with the
City Planning Commission a petition which indicates approval of the proposed
regulated use by fifty-one (51) percent of the persons owning, residing or doing
business within a radius of five hundred (500’) feet of the location of the proposed
use. The petitioner shall attempt to contact all eligible locations within this radius
and must maintain a list of all addresses where no contact was made.
b. The City Clerk shall adopt rules and regulations governing the procedure for
securing the petition of consent provided for in this Section of the Ordinance. The
rules shall provide that the circulation of the petition requesting a waiver shall
subscribe to an affidavit attesting to the fact that the petition was circulated in
accordance with the rules of the City Clerk and that the circulation personally
witnessed the signatures on the petition and that the same were affixed to the
petition by the person whose name appeared thereon.
c. The City Planning Commission shall not consider the waiver of locational
requirements set forth in subsections A., B. and C. until the above-described
petition shall have been filed and verified.
B. BED AND BREAKFASTS.
1. The room utilized for lodging purposes shall be part of the primary residential use
and shall not have been specifically constructed for rental purposes.
2. There shall be no separate cooking facilities used for the Bed and Breakfast rooms.
3. The residence shall be occupied at all times by the owner or a staff member.
4. Adequate lavatory, bathing facilities and kitchen facilities for the lodging room shall
be provided, as per the requirements of the Macomb County Health Department.
5. The stay for an individual guest shall be no more than 14 consecutive days and not
more than 30 days in a calendar year.
6. The structure shall maintain an exterior appearance that is in character with
surrounding residential uses.
C. DRIVE-THROUGH FACILITIES.
1. The site and use shall be located on an arterial or collector street having a right-of-
way equal to, or greater than, one hundred and twenty (120’) feet.
2. Any freestanding drive-through restaurant located in a shopping center shall be
aesthetically compatible in design and appearance with the other buildings and
uses located in the shopping center. In making this determination, the Planning
Commission shall consider the architectural design of the building, the signage and
the landscaping to ensure that the design and appearance of the developed site is
compatible with the design and appearance of the remainder of the shopping center.
3. Drive-through service shall be permitted only if the development is located in a
freestanding building and a satisfactory traffic pattern for the drive-through lane
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Use Standards
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can be established to prevent traffic congestion and the impairment of vehicular
circulation for the remainder of the development. Vehicle stacking lanes shall not
cross any maneuvering lanes, drives or sidewalks.
4. In no instance shall multiple drive-throughs be permitted unless all drive-throughs
on the site are controlled and operated by a single tenant. Multiple businesses, each
having a distinct advertising identity, which are owned by the same parent company,
shall not be considered a single tenant.
5. Devices for electronically amplified voices or music shall be directed or muffled to
prevent any such noises from being audible at any lot line.
D. FUNERAL HOMES AND MORTUARIES, NOT INCLUDING CREMATORIUMS.
1. Sufficient off-street automobile parking and assembly area is provided for vehicles
to be used in a funeral procession. The assembly area shall be provided in addition to
any required off-street parking area. A circulation plan identifying the arrangement of
the vehicular assembly area shall be provided as part of the required site plan.
2. The site shall be located so as to have one property line abutting an arterial or
collector street of at least one hundred twenty (120) feet of right-of-way, existing or
proposed.
3. No building shall be located closer than thirty (30) feet to the outer perimeter
(property line) of the district when said property line abuts any single-family
residential district.
4. Loading and unloading area used by ambulances, hearses or other such service
vehicles shall be obscured from all residential view by a wall six (6) feet in height.
E. GENERAL HOSPITALS.
1. All such hospitals shall be developed only on sites consisting of at least five (5) acres
in area and providing a minimum of one thousand five hundred (1,500) square feet of
lot area per bed.
2. All ingress and egress from the site shall be directly onto an arterial or collector street
having an existing or planned right-of-way width of at least one hundred twenty (120’)
feet.
3. Ambulance delivery and service areas, when visible from adjacent land zoned for
residential purposes, shall be obscured from view by a wall at least six (6) feet in
height.
4. No hospital shall be permitted unless its size is at least fifty (50) in-patient beds.
F. KENNELS.
1. The site shall abut an arterial or collector street.
2. There shall be provided an area of at least one hundred (100) square feet for each
animal, including the area devoted to interior kennel space and runs.
3. All interior building areas used for the keeping of animals shall be soundproofed.
4. All animals shall be kept in soundproofed buildings between 8:00 p.m. and 8:00 a.m.
5. Exterior dog runs and non-soundproofed interior buildings shall not be located closer
than two hundred (200) feet to any lot line.
6. Soundproofed interior buildings shall be located at least one hundred (100) feet from
any property line.
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7. Exterior areas for the keeping of dogs shall be provided with fencing capable of
confining the animals.
8. All exterior dog runs shall be screened from view by adjoining parcels and the public
road.
9. The design and appearance of buildings used as animal boarding places shall be
consistent with surrounding uses.
10. One (1) parking space shall be provided for every five (5) kennel runs.
11. All kennel runs and interior building areas shall have concrete floors or a suitable
equivalent that can be easily cleaned.
G. NURSERIES AND GREENHOUSES.
1. All such uses shall be located on a major or secondary road as designated in the City
of Mount Clemens Master Plan.
2. Items accessory and incidental to nursery operations shall be permitted for retail
sale, such as; shovels, hoes, rakes and planting pots. Craft items shall not be
considered accessory and incidental to a nursery or greenhouse.
H. OUTDOOR RETAIL SALES
1. All outdoor areas designated for retail sales shall be enclosed by a decorative fence or
masonry wall as defined in
Section 8.6.3.
The Planning Commission shall approve the
height of said wall or fencing.
2. A greenbelt with a minimum width of seven (7’) feet shall be provided around such
fencing in all areas where no entrance/exit gate is located. The greenbelt shall be
landscaped to meet the requirements of
Section 9.2.E.1.
SEC. 7.4 TRANSPORTATION USE STANDARDS
A. AUTOMOBILE ENGINE AND BODY REPAIR (MAJOR).
1. All repair activities shall be confined to the interior of the building.
2. No outdoor storage shall be permitted.
3. An adequate means of waste disposal shall be provided.
4. The use shall not abut a residential district.
B. AUTOMOBILE MAINTENANCE AND REPAIR (MINOR).
1. All repair activities shall be confined to the interior of the building.
2. No outdoor storage shall be permitted.
C. BOAT SERVICE FACILITIES.
1. All repair activities shall be confined to the interior of the building.
2. Any temporary outdoor storage shall be screened per
Section 8.6
.
D. BOAT STORAGE (INDOOR AND OUTDOOR)
1. Commercial outdoor storage of boats shall require screening at a height equal or
greater than what is being stored, per
Section 8.6
.
2. Commercial outdoor storage of boats shall require an office building with a minimum
floor area of 600 square feet.
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E. CAR WASHES.
1. Vehicular ingress and egress from the site shall be directly onto an arterial street,
except that it may be permissible to allow vehicles to exit from the facility onto a
public alley.
2. All vehicles waiting or standing to enter the facility shall be provided off-street
waiting space, and no vehicle shall be permitted to wait on the public right-of-way as
part of the traffic approach.
3. An on-site, fifty (50’) foot long drying lane shall be required at the exit point of the car
washing facility.
4. A twenty-five (25’) foot greenbelt in accordance with
Section 9.2
shall be provided
between all property lines abutting a residential use.
F. GASOLINE SERVICE STATIONS.
1. The site shall be located at the intersection of two public roads with at least one of
the roads having a proposed right-of-way of one hundred twenty (120’) feet.
2. Not more than fifty (50) percent of all lots located at the intersection of two roads
shall be occupied by a gasoline service station.
3. The site for the gasoline service station shall have one hundred twenty (120’) feet of
frontage on the principal street serving the station.
4. The site shall contain an area of not less than one half (1/2) of an acre.
5. Gasoline service station buildings may encroach 10 feet into the front yard setbacks.
The preferred orientation is to locate buildings between the right-of-way and the
pumps.
6. In order to facilitate pedestrian circulation and safety, no parking or standing of
customer vehicles shall be permitted in the area immediately adjacent to any
customer entrance or payment window.
7. The design and materials of the canopy shall be compatible with the main building.
The proposed clearance of any canopy shall be noted on the site plan. Any signs,
logo or identifying paint scheme on the canopy shall be reviewed by the Planning
Commission and considered part of the maximum wall sign permitted. Details on the
canopy lighting shall be provided to ensure there is no glare on the public streets or
adjacent property, and that lighting levels are in accordance with
Section 9.6
. Canopy
lighting shall be recessed such that the light source cannot be seen from off site.
8. Only one (1) driveway from any abutting street shall be allowed unless the Planning
Commission determines that additional drives would improve traffic conditions on
site and any abutting Streets, as determined by
Section 10.7
Access Management. A
raised, concrete curb six (6) inches in height shall be erected by the applicant along
all adjoining streets, except at driveway entrances.
9. A vehicle service station with a vehicle wash on the site may have one (1) additional
curb cut. The additional curb cut shall be restricted to an exit only to serve the
automobile wash and shall not be located closer than fifty (50) feet from any
intersecting street right-of-way line, adjacent Residential District or use property, or
other curb cut serving the facility.
10. There shall be no outdoor storage or display of vehicle components, parts, supplies,
equipment, or merchandise except within an area defined on the site plan approved
by the Planning Commission and which extends no more than ten (10) feet beyond
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the building.
11. Vehicle service centers/fueling stations that offer vehicle maintenance and minor
repair shall also be subject to the requirements of
Section 7.4.B
. Vehicle service
centers/fueling stations that include restaurants or other uses shall also be subject
to the requirements of those other uses.
G. OUTDOOR VEHICLE SALES OR LEASING.
1. The lot or area shall be provided and maintained with a permanent, durable and
dustless surface constructed of either asphalt or concrete and shall be so graded and
drained as to dispose within the site of all surface water accumulated within the area.
2. The location of the site shall be upon a street with a right-of-way of at least one
hundred twenty (120’) feet (existing or proposed) and shall contain no fewer than forty
thousand (40,000) square feet.
3. Such use shall be located no closer than five hundred (500’) feet from any single-
family zoning district.
4. Ingress and egress points shall be located at least sixty (60’) feet from the
intersection of any two (2) streets.
5. No vehicle repair, bumping, painting or refinishing shall be done on the site. Cleaning
and refurbishing of vehicles or units shall be permitted if done completely within an
enclosed building.
6. Devices for the transmission or broadcasting of voices and/or music shall be
prohibited.
7. The applicant shall be required to meet all parking standards set forth in
Article 10
unless one of the following standards has been met:
a. A three (3’) foot high decorative masonry wall has been provided around all
outdoor vehicle sales areas. In addition, landscaping in accordance with
Section
9.2.E.1
shall be located around the exterior of such wall.
H. TRUCK TERMINALS.
1. All such uses shall be located on a parcel of land which is surrounded by abutting
land zoned I-2 Heavy Industrial.
2. All sides of the development not abutting an arterial street shall be provided with a
twenty (20’) foot wide greenbelt planting and fence or wall so as to obscure from view
all activities within the development.
3. No building or part thereof shall be erected closer than one hundred (100) feet from
any property line.
SEC. 7.5 INDUSTRIAL USE STANDARDS
A. BREWERIES AND DISTILLERIES.
1. A minimum of 20% GFA shall be retail sales when located in a commercial or mixed-
use district.
B. PRODUCTION OF CONSUMER GOODS.
1. A minimum of 20% GFA shall be retail sales when located in a commercial or mixed-
use district.
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SEC. 7.6 INSTITUTIONAL USE STANDARDS
A. CEMETERIES.
1. A greenbelt and decorative fence or wall (as specified in
Section 9.2
of this Zoning
Ordinance) shall be installed along the perimeter boundaries of the site. Along those
boundaries of the site abutting a road, the greenbelt or wall shall not be located in the
front yard. Along all other site boundaries, the greenbelt or wall may be placed on the
property line.
2. Suitable gates for ingress and egress shall be provided, and the principal entrance
shall not be closer than two hundred (200’) feet to an adjoining residential site.
3. If the applicant desires to install a cyclone wire fence (or other type of fencing)
instead of a masonry wall, this shall be described on the application, and it
may be approved in the discretion of the Planning Commission if the fence will
be substantially compatible and harmonious with existing, adjacent types of
installations.
4. No building shall be erected closer than one hundred (100’) feet to an adjacent site
line, nor such building cover more than ten (10) percent of the site on which it is to be
constructed.
5. Any such use shall not be permitted in a floodplain.
6. The applicant shall show with reasonable certainty that the elevations of the site
when finished will provide adequate drainage.
7. Minimum cemetery site shall be eight (8) acres. Where a State law specifically
permits a smaller size or sets a maximum size less than eight (8) acres, this
regulation shall not apply to an addition to the site of a use existing at the time of
adoption of this Ordinance.
B. COLLEGES AND UNIVERSITIES.
1. All ingress to and egress from the site shall be directly onto an arterial or collector
street having an existing or planned right-of-way width of at least one hundred
twenty (120’) feet.
C. MUNICIPAL OR PUBLIC UTILITY BUILDINGS.
1. No antenna or other exterior transmitting and receiving devices shall be permitted.
2. All driveways or maneuvering areas servicing the facility shall be hard-surfaced,
installed and maintained by the public utility in accordance with all applicable City
standards.
3. The parking of vehicles pertaining to said use shall be limited to the use of such
vehicles in the performance of ongoing service work or repairs to the facility for the
period of time necessary to complete such service or repairs.
4. The structure shall be maintained against deterioration and/or damage from the
elements or from any other cause by prompt and appropriate repairs, painting, and
other protective measures.
5. Outdoor storage shall not be permitted unless the site is located in the I-1 or I-2
District.
D. PLACES OF ASSEMBLY
1. All such uses shall have ingress and egress directly onto an arterial or collector street
having an existing or planned right-of-way width of at least one hundred and twenty
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(120’) feet.
2. All activities, other than parking of motor vehicles and loading and unloading, shall
be conducted within a completely enclosed building, except for outdoor activity
specifically approved and/or licensed by the City.
E. SCHOOLS
1. The site shall abut a public road having a right-of-way of not less than that of a
collector street (86 feet).
City of Mount Clemens Zoning Ordinance
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ARTICLE 8
GENERAL PROVISIONS
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Except as hereinafter specifically provided, the following general regulations shall apply:
SEC. 8.1 EXCEPTIONS
A. Height Exceptions
1. No building shall be converted, enlarged, reconstructed or structurally altered to
exceed the height limit hereinafter established for the district in which the building is
located, except penthouses or roof structures for the housing of elevators, stairways,
tanks, ventilating fans, or similar equipment required to operate and maintain the
building.
2. Fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles,
chimneys, smoke stacks, solar or wind energy devices, individual domestic radio and
television aerials and wireless masts, water tanks, or similar structures, excluding
light poles, may be erected above the limits herein prescribed.
3. No such structure may be erected to exceed by more than fifteen (15) feet the height
limits of the district in which it is located; nor shall such structure have a total area
greater than ten (10) percent of the roof area of the building.
4. None of the structures described above shall be used for any residential, commercial
or industrial purpose other than a use incidental to the principal use of the building.
B. Projections
1.
Architectural Features
a. Architectural features, such as, but not limited to, window sills, cornices, eaves,
bay windows (not including vertical projections), may extend or project into a
required side yard setback not more than two (2") inches for each one (1’) foot of
width of such required side yard, and may extend or project into a required front
or rear yard setback not more than three (3) feet.
2.
Balconies
a. Balconies shall not be located within 5 feet of any common lot line and shall not
encroach into the public right-of-way.
b. Balconies may be a single level or multiple balconies stacked vertically for
multiple stories.
c. Balcony shall be enclosed by balustrades, railings, or other means that block at
least half of the view through them.
d. The balcony support structure shall be integrated with the building facade;
separate columns or posts supporting any balcony from the ground are
prohibited
3.
Awnings
a. Awnings may project over a sidewalk; however, there must be a minimum of 8
foot clearance provided from the sidewalk.
b. Awnings shall be positioned immediately above ground floor windows and have a
straight shed that projects from the building at a straight angle.
c. Awnings shall be constructed of durable materials such as canvas or metal that
will not fade or tear easily. Plasticized, rigid, cubed or curved awnings or mansard
style canopies are prohibited.
d. Awnings shall not be internally illuminated and any signs shall be illuminated by
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fixtures located above the awning and directed downward.
e. Awnings shall not interfere with street trees.
4.
Signage
a. Projecting blade signs are permitted but must be a minimum of 8-foot clearance
from the sidewalk.
5.
Porches/Terraces, At-Grade Patios, Steps/Stairs and Decks.
a. Each residential unit with a separate entrance shall include a stoop or porch
b. At-grade patios may be constructed within required front, side and rear yard
setbacks. Porches or stoops may project into a required front or rear yard setback
for a distance not exceeding four (4) feet.
c. Steps associated with a proposed porch, deck or other similar structure that are
required by the building code and constructed to that standard shall be exempt
from the setback requirements of the district in which it is located.
d. Ramps to improve accessibility to front porches and stoops are permitted to
encroach into the front yard and shall be built to ADA specifications.
e. All porches constructed along the front facade or abutting a street shall not
exceed a square footage equal to thirty (30) percent of the building footprint
of the principal structure and shall be subject to the design criteria of
Section
4.3. B.
f. Decks
i. Decks may be allowed to project not more than ten (10) feet into the required
rear yard setback, provided that the following conditions are met.
ii. The deck does not encroach into any easement.
iii. The deck is not located facing any street.
iv. The deck conforms with applicable side yard setback requirements.
v. The deck is located not less than ten (10) feet from any detached accessory
building. (This separation shall not apply to any accessory structure.)
vi. The deck elevation shall be no greater than eight (8) inches over the first floor
grade elevation of the main structure. (Exception: a deck around a pool may
match the height of the pool.)
vii. Any additional structures attached to the deck, such as a gazebo or pool, shall
be located at least ten (10) feet from any structure.
SEC. 8.2 DETERMINATION OF SIMILAR USES
A. A land use that is not cited by name as a use in any zoning district may be permitted
upon determination by the Community Development Director that the use is clearly
similar in nature and compatible with the uses that are listed in a particular district.
In making this determination, the Community Development Director shall consider the
following:
1. In making the determination of compatibility, the Community Development Director
shall consider specific characteristics of the use in question and compare these
characteristics to those of the uses that are listed in the district. Characteristics
considered shall include, but are not limited to, traffic generation, types of services
offered, types of goods produced, methods of operation, noise, hours of operation and
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building characteristics.
2. If the Community Development Director determines that the proposed use is
consistent and compatible with permitted uses in a district, the Community
Development Director shall determine whether the use shall be permitted by right
or as a special land use, and the use requirements that the use shall be subject to.
The proposed use shall be subject to the review and approval requirements for the
district in which it is located.
a. Where a use is not clearly similar to a use listed in the Zoning Ordinance and
the Community Development Director cannot make a determination of what
district the use shall be allowed in, then the use shall be referred to the Planning
Commission for a use determination based upon the above criteria.
b. The use determination of the Community Development Director or the Planning
Commission may be appealed to the Zoning Board of Appeals for an interpretation
of the use provisions of the Zoning Ordinance in accordance with Article 16.
c. Except where a use variance may be granted, a proposed use shall not be
permitted in a district under the terms of this Section where the use is
specifically listed in any other district, or where the Community Development
Director determines that the use is more similar in nature and compatible with
the uses that are listed in another district.
d. Any use that would constitute a violation of any other Federal, State or local law or
regulation shall be prohibited.
SEC. 8.3 ATTACHED GARAGES ACCESSORY TO A RESIDENTIAL USE
A. The new construction of front-loaded, attached garages shall not be permitted in the
front or side yard of a residential use unless the following requirements have been met:
1. The garage does not project past the front facade of the home. As defined, the
front facade shall include porches, bay windows or any other permanent home
improvement attached to the main structure.
2. The dimension of the garage fronting the street is not greater than forty (40%) of the
length of the home fronting the street.
B. Attached garages, as defined in this Ordinance, which are rear or side loaded, or detached
garages, shall not be subject to the above requirements.
SEC. 8.4 HOME OCCUPATIONS
A. The use of the dwelling unit for a home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants and, not more than
twenty-five (25) percent of the floor area of the dwelling unit shall be used for the
purposes of the home occupation and shall be carried out completely within such
dwelling.
B. There shall be no change in the outside appearance of the structure or premises or other
visible evidence of the conduct of such home occupation.
C. Such home occupation shall not require internal alterations or construction, equipment,
machinery, or outdoor storage not customary in residential areas.
D. One (1) non-illuminated nameplate, not more than two (2) square feet in area, may be
permitted, which shall contain only the name and occupation of the resident of the
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premises and mounted flat against the wall of the dwelling.
E. No home occupation shall be conducted, in whole or in part, in any accessory structure,
attached or detached, including garages, breezeways, porches, patios and the like.
F. There shall be no sales of any goods, articles or services on the premises, except such as
is produced by such approved home occupation.
G. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated
by the conduct of such home occupation shall be provided by an off-street area, located
other than in a required front yard.
H. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors or electrical interference detectable to the normal senses
of persons off the lot. In the case of electrical interference, no equipment or process shall
be used which creates visual or audible interference with any radio or television receivers
off the premises, or cause fluctuations in line voltage off the premises.
I. Handicapped persons applying for home occupation permits may be excused from
certain provisions of this Section by the Planning Commission, based on necessity.
J. No person other than members of the family residing on the premises shall be engaged
in such occupation.
SEC. 8.5 KEEPING OF ANIMALS
No animals, livestock or poultry of any kind shall be raised, bred or kept on any residentially
zoned or used property, except that non-vicious dogs, cats or other household pets may
be kept, provided they are not kept, bred or maintained for any commercial purposes. All
animals shall be maintained in accordance with applicable City Ordinances.
SEC. 8.6 OUTDOOR SALES AND STORAGE
A. No person or business shall use any sidewalk or that space between the sidewalk and
curb or any planted strips or park in sidewalks, or any parking area, or any area of a
road right-of-way for displaying for sale, or for any other purpose, any goods or any other
articles; or leave any goods, boxes, trucks, barrels, trunks or any other article or thing
in or on such areas for a longer time than is necessary for the removal thereof from the
transporting vehicle, into the place of business or residence to the transportation vehicle
to which the sale is intended to be removed.
B. Commercial sidewalk sales may be permitted for defined time periods by the City
Commission. An applicant must be an owner or operator of an existing commercial
operation who desires to display and sell goods or merchandise customarily sold within
a building on the sidewalk abutting or in proximity to the existing facility. Commercial
sidewalk sales shall be for a defined period specified in the permit, but not to exceed
a total of twenty-eight (28) days per calendar year. Sidewalk sales shall be located and
operated so as not to obstruct or interfere with pedestrian and vehicular traffic. The City
Commission may establish a fee to defray the administrative costs for issuance of a
permit.
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C. When permitted in a particular zoning district, an outdoor storage use shall be
enclosed by an approved masonry wall or obscuring fence, as approved by the Planning
Commission.
1. All outdoor storage shall be screened from adjoining lots and streets.
2. Such wall or fence shall not be less than four feet six inches (4’6") in height and may,
depending upon land usage, be required to be ten (10’) feet in height.
3. An earth-toned, vinyl coated, chain link fence, or a landscaped earth mound (berm),
both with intense evergreen shrub planting, may be permitted by the Planning
Commission.
4. Open storage areas shall be paved to parking lot standards and drained to meet City
engineering requirements. In instances where the proposed storage items would
place an excessive amount of stress on the paved surface, the Planning Commission
may approve an alternative method of surfacing.
D. No improvements for such use shall be erected closer to the site boundary lines than
permitted by the setbacks of the I-2 Heavy Industrial District. No storage use shall be
closer than one hundred (100’) feet to the outer perimeter (property lines) of the district
where said property lines abut any residential district or border other than an industrial
district, and such space shall be fully landscaped and fenced at the setback line. Corner
lot side yards must equal the setback requirements for the front yard on the street side
as referenced herein.
E. Whenever a different material is to be stored other than what was approved in the
original request, a new approval shall be required from the Planning Commission.
F. Uses expressly prohibited under this Section include the following:
1. Junkyards, including used auto parts.
2. Used building materials.
3. Storage of combustible or odoriferous materials.
G. Whenever a storage, display, or sales lot or area does not meet the specifications
hereinafter set forth, the Community Development Director shall give notice to the
property owner to repair same within a specified time, and if such repairs are not made
in accordance with such notice, he/she shall order the lot or area closed forthwith; such
lot or area shall not be used for such purposes until repairs have been approved by the
Community Development Director.
SEC. 8.7 STORAGE, ACCUMULATION, DUMPING AND/OR COLLECTION OF WASTE,
JUNK, GARBAGE AND OTHER SIMILAR MATERIALS
A. No site shall be used for the storage, accumulation, dumping and/or collection of
waste, junk, garbage and other similar materials, except upon approval by the Planning
Commission in compliance with
Article 13
of this Ordinance or as otherwise permitted
under this Ordinance.
B. The owner or occupant of all land, structures and/or every part thereof shall have the
duty to maintain same in a clean and sanitary condition, free from any accumulation
of dirt, filth, rubbish, garbage and vermin, and the duty not to act or omit to act so as to
create or permit the existence of a nuisance as defined in this Ordinance. This duty shall
extend to any area of land between the site line and adjoining streets and curbs.
C. The depositing of dirt, sand or earth materials shall be permitted in any district in
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accordance with the following requirements:
1. Any finish grade to be established shall be approved by the City Engineer.
2. The finish grade shall be graded not later than sixty (60) days after completion of the
deposits on the land, in a manner so as to prevent the collection of water and which
will leave the ground surface in a condition suitable for other permitted uses within
the district in which the site is located.
SEC. 8.8 STORAGE AND REPAIR OF VEHICLES
A. The parking of commercial vehicles shall be prohibited in all zoning districts except
Commercial and Industrial Districts, unless otherwise permitted.
B. Commercial vehicles shall not be permitted in a Residential District except as permitted
below:
1. The vehicle shall be used as the principal means of transportation for a resident in
the conduct of such resident’s employment or profession or is the resident’s sole
means of motor vehicle transportation.
2. The vehicle shall not be a utility trailer, dump truck, stake truck, flat-bed truck,
wrecker, or semi-tractor.
3. No part of the vehicle may exceed ten (10) feet in overall height, measured from grade.
4. The vehicle shall not have more than four (4) rear wheels.
5. The vehicle shall not exceed eleven thousand (11,000) pounds gross weight.
6. In any Multiple-Family Residential District, the property owner or the controlling
association shall provide a designated area, approved by the Planning Commission,
to park or store commercial vehicles. Parking spaces required to meet the parking
requirements of this Ordinance shall not be used for the parking or storage of
commercial vehicles.
7. The parking or storage of essential public service vehicles where the vehicle is
operated by the homeowner or the occupant is exempt from these provisions.
C. Commercial vehicles which are employed in conjunction within a Non-Residential
District shall be parked or stored in compliance with the following provisions:
1. For sites with a site plan approved subsequent to the effective date of this Section,
such vehicles shall be parked or stored in parking or loading spaces designated for
that purpose on the site plan and per site plan approval.
2. For situations not covered under 1. above, commercial vehicles shall not be parked or
stored in the front yard.
D. The parking or storage of commercial vehicles for residential, office, or storage purposes
shall not be permitted.
E. The repair, restoration, and maintenance of vehicles in any Residential District, when
such work is not conducted entirely within the interior of the vehicle, shall be subject to
the following limitations:
1. Procedures exceeding forty-eight (48) hours in duration or which require the vehicle
to be immobile or inoperable in excess of forty-eight (48) hours shall be carried out
within an enclosed building.
2. Inoperable vehicles and vehicle parts shall be stored inside an enclosed building.
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F. The outdoor storage of inoperable and/or unregistered vehicles shall be prohibited.
SEC. 8.9 ESSENTIAL SERVICES
Except as provided elsewhere in this Ordinance, the erection, construction, alteration,
maintenance, addition, reconstruction or replacement by public utilities of underground,
surface or overhead distribution of gas, electricity, communications (except transmitting or
receiving towers), steam or water transmission or distributing systems, collection, supply
or disposal system, including poles, mains, drains, sewers, pipes, conduits, wires, cables,
high voltage transmission lines, towers in connection with such lines, and other similar
equipment and accessories in connection therewith shall require City Commission approval,
after review and recommendation by the Planning Commission based on the standards
outlined in
Article 13, Section 13.1.A.
of this Ordinance.
SEC. 8.10 RECEIVING AND BROADCASTING ANTENNAS
Any exterior receiving or broadcasting antenna shall not be located in the yard between the
building and the street. All mechanical and storage areas at the base of such antennas shall
be screened from public view in a manner deemed acceptable by the Planning Commission.
SEC. 8.11 WIND ENERGY CONVERSION SYSTEMS (WECS)
A. Building-mounted WECS. One (1) Wind Energy Conversion System (WECS) shall be a
permitted use on a lot in any zoning district and shall only require a permit from the
Building Department, subject to the following requirements:
1. The WECS is mounted to the roof of a structure;
2. The WECS shall be a vertical axis wind turbine. Horizontal axis WECS with a propeller
blade shall be specifically prohibited on top of a structure;
3. The vertical axis wind turbine shall not exceed a height of more than fifteen (15) feet
above the maximum permitted height in the zoning district in which it is located; and
4. A building-mounted WECS shall be located no closer than fifteen (15) feet to a
structure on a neighboring property.
B. Ground-mounted WECS. One (1) WECS that is mounted on a tower attached to the
ground shall be considered a permitted use on a lot in any zoning district and shall only
require a permit from the Building Department, subject to the following:
1. The maximum height of the tower shall not exceed fifty (50) feet.
2. The tower shall maintain a setback of 1.5 times the overall height of the tower.
C. In addition to the WECS permitted as a matter of right in subsection A. and B. above,
an applicant may erect a WECS after special land use approval from the Planning
Commission for the following circumstances:
1. The installation of more than one (1) WECS on a property.
2. Any ground-mounted WECS that exceeds an overall height of fifty (50) feet, subject to
the setback requirements of subsection B.2.
D. General requirements.
1. Noise. No WECS shall produce a noise level that exceeds fifty-five (55) decibels (dbA)
at the property line.
2. Any proposed guy wires shall be setback of minimum distance of five (5) feet from a
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property line.
3. The minimum vertical blade clearance from grade shall be fifteen (15) feet for a wind
energy system employing a horizontal access rotor.
4. Shadow flicker. The Planning Commission may request a shadow flicker analysis for
any WECS requiring special land use review and approval. The analysis shall identify
problem areas where shadow flicker may affect the occupants of nearby structures
and describe measures that shall be taken to eliminate or mitigate the effects.
5. Decommissioning. An operator shall remove any and all parts associated with a WECS
within six (6) months once the device has become inoperable.
6. An application to erect a tower-mounted WECS shall be accompanied by a structural
engineer’s report indicating that the proposed tower’s design characteristics are
sufficient to withstand winds, ice and other naturally-occurring hazards.
7. An application for a structure-mounted WECS shall be accompanied by manufacturer
specifications and building documentation sufficient to the Building Official to
demonstrate structural stability. The owner shall also sign an affidavit taking
responsibility for the WECS and the ability of the roof to support the device.
SEC. 8.12 WIRELESS COMMUNICATION TOWERS
Wireless communication towers, including their respective transmission towers, relay
and/or receiving antennas, and normal accessory facilities involved in television, radio,
microwave, cable systems, cellular, personal communication, and similar communication
services and facilities, shall be permitted as a special land use in the Light and Heavy
Industrial Districts, when found to be essential or desirable to the public convenience or
welfare and in conformance with the following requirements:
A. The applicant shall submit a written statement and technical verification regarding the
nature of any transmissions, electromagnetic fields, or any other radiation emitted from
the facility, and any potential hazards to humans, animals, and/or any other materials
or property in the area. Further, communication towers and facilities shall be designed
and operated to prevent broadcast interference with any equipment located on nearby
properties.
B. A written explanation of the design characteristics and ability of the structure(s) and
attendant facilities to withstand winds, ice and other naturally occurring hazards
shall be submitted. This information shall also address the potential for the tower or
other mounting structure and/or antennae to topple over or collapse, and what tower
configuration should be expected in such an event. Technical documentation of any
information regarding these concerns shall also be provided. Monopole (stealth or
equivalent type) antenna structures shall be required where such are technologically
feasible. In all cases, communication towers shall be designed to blend into the
surrounding environment to the maximum extent feasible.
C. In order to maximize the efficiency of providing such services, while minimizing the
negative impact of such facilities on the City, co-location of such facilities on an existing
tower or other existing structure is required, when feasible. An applicant shall furnish
written documentation as to why a co-location at another site is not feasible and whether
they have, in fact, contacted the owners of existing facilities to determine if co-location
is possible. If the application represents a new tower/antenna facility, the applicant shall
provide a letter of intent to lease any excess space on a tower facility and shall commit
itself to:
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1. Promptly responding to any requests for information from a potential co-user of their
tower/antenna;
2. Negotiate in good faith and allow for leased, shared use of the facility, when it is
technically practical; and
3. Make no more than a reasonable charge for a shared use lease.
4. If the application involves co-location on an existing tower or structure, the public
hearing requirements shall be waived and approval shall only include a site plan
and documentation by the co-user as to their compliance with all of the terms and
conditions required of the host applicant. Co-location may be permitted by the
Planning Commission, after site plan review, on all existing towers and existing
similar structures, regardless of the zoning district in which it is located.
D. Approval of a communication tower facility shall not be granted until such time that the
applicant has demonstrated all of the following:
1. The proposed facility is needed because of proximity to an interstate highway or
major thoroughfare, or is in proximity to areas of population concentration, or
concentration of commercial, industrial, and/or business centers; or
2. The proposed facility is needed because there are areas where signal interference has
occurred due to tall buildings, masses of trees or other obstructions; and
3. The proposed facility is needed because the telecommunications provider is unable
to co-locate its facility with another provider or other structure; and
4. The proposed facility is needed to complete its grid as it relates to the needs of the
City of Mount Clemens, and its surrounding communities and that there are no
suitable sites in any of said surrounding communities; and
5. The proposed facility is designed to operate within the requirements for radio
frequency emissions of the Federal Communications Commission and applicant has
operated similar facilities within these requirements consistently.
E. The development of any such facility, together with accessory uses, shall be in such a
location, size and character as to be compatible with the orderly development of the
zoning districts in which it is situated and shall not be detrimental to the orderly and
reasonable development or use of properties in the adjacent areas or the community at
large. Furthermore, the location and improvement of facilities, as provided for herein,
shall also be subject to the following additional requirements.
1. Towers may be located in the I-1 and I-2 Zoning Districts after special land use
approval, and provided the location of such facilities do not represent a hazard to the
use and/or development of other uses on the site and in the area. The development of
new towers is specifically prohibited in all other zoning districts in the City. The City
strongly encourages the development of required towers on suitable City property.
Consult with the City Community Development Department with regard to City
property locations prior to submitting an application.
2. The site shall be of such size and shape that the proposed tower facility may be
developed in compliance with all requirements of the City, and any such tower/
antenna shall not exceed one hundred sixty (160) feet in height above the average
grade around the structure it is mounted upon.
3. The tower site shall meet all City standards relating to drainage, lighting,
landscaping, general safety and other applicable standards. All landscaping shall
be placed in an aesthetically pleasing and functional manner. Such landscaping
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shall be incorporated along access drives servicing the tower site and around
fencing and all associated cabinets. Maintenance of all landscaped areas associated
with the construction of a tower or the co-location of an antenna shall be the
sole responsibility of the tower owner. All landscaped areas shall be continuously
maintained in a sound, weed-free, healthy and vigorous growing condition. All
unhealthy and dead material shall be replaced within one (1) year.
4. All communication towers and facilities shall be surrounded by a six (6’) foot fence to
prevent unauthorized access and vandalism, six (6’) foot high evergreen trees shall
be placed at intervals of ten (10’) foot on center outside of said fence to screen the
tower base and ancillary facilities.
5. Lighting associated with communication towers and facilities shall comply with all
applicable FAA regulations. Where tower lighting is required, it shall be shielded or
directed to the maximum extent possible to minimize the amount of light that falls
onto nearby properties.
6. A twelve (12’) foot wide paved access road shall be provided and maintained in a good
condition to provide access for service and emergency vehicles. Such access road
shall meet all City engineering design requirements.
7. Setback requirements will be determined in relation to the tower/antenna design and
collapse data previously required in this Section. Minimum setback requirements,
unless otherwise provided for, are as follows:
a. When adjacent to non-residential zoning districts, the setback shall not be less
than the overall height of the tower/antennas. This setback requirement shall
also apply to any accessory buildings. If the design and collapse data for the
tower properly documents its ability to collapse down upon itself, the setback
requirements to any side or rear yard property line abutting a non-residential
zoning district may be reduced to one-half the overall height of the tower. In
no instance shall any tower facility be located within a front yard. Accessory
buildings shall be screened from view by an obscuring greenbelt.
b. When adjacent to any residential zoning district, the tower setback shall not be
less than the overall height of the tower/antennas, plus fifty (50) feet. If the design
and collapse data for the tower properly documents its ability to collapse down
upon itself, the setback requirement to any side or rear yard property line abutting
any residential district may be reduced to the overall height of the tower/antenna.
In no instance shall any tower be located within a required front yard. Accessory
buildings and uses shall be screened from the view of any public right-of-way and
residential zoning district by an obscuring greenbelt.
c. Further modifications to the side and rear yard setbacks may be considered
when it is documented that the adjacent property is unbuildable due to wetlands,
floodplains or other significant limitations. It shall also be found that no adverse
effects on reasonable development patterns in the area would be created by
developing the tower.
8. Cellular antennae and supporting structures shall be permitted to be attached to
buildings and structures in all zoning districts whether or not they are accessory to
the building use, subject to the following conditions.
a. The principal use is a conforming use and the building is a conforming structure.
b. If connected directly to the main building, antennae may be attached to any
portion of the building. Such antennae or antennae with supporting structure may
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not exceed twenty (20’) feet in height.
c. The structure that supports antennae may not exceed ten (10’) feet in height.
d. Such antennae with supporting structure shall not be credited to the overall
height of the building.
e. Any structure that supports antennae shall be setback from the outermost
vertical wall or parapet of the building, a distance equal to at least two times the
height of such supporting structure.
F. In addition to site plan review, the Commission, with a majority vote, may require an
independent third-party review of an application. Such review shall be conducted by a
professional engineer specializing in this type of communication technology and will
be paid for by the applicant. The requirement for such a review shall be based on one or
more of the following findings:
1. The applicant has not substantiated a need for a proposed tower to the satisfaction
of the Commission.
2. The applicant has been unable to disprove the ability to co-locate on an existing
tower or structure to the satisfaction of the Commission.
3. The applicant has not substantiated the structural safety of a structure to be
commensurate with the requested setback.
4. The data supplied by the applicant is determined to be disorganized, confusing or
misleading by the Commission.
5. The applicant has not substantiated that alternative technology cannot be utilized as
a substitute to the proposed tower construction.
G. All structures, buildings and required improvements shall comply with all other
applicable codes and ordinances and shall be continuously maintained in a safe,
healthful and complying condition. Every telecommunication provider with sites
located in Mount Clemens shall provide the City with an annual report disclosing the
radio frequency emissions of each tower or antenna it has within the City, and require
annual inspections of radio frequency emissions of each tower or antenna by the City to
insure that they are being operated within the requirements of the Telecommunications
Act of 1996. The permit may include a requirement for periodic structural and safety
inspections and reports, as deemed necessary by the City Commission. The City shall
charge a fee for the annual inspection to cover its costs.
H. Every telecommunication provider with sites located in Mount Clemens shall attend an
annual meeting with the City Administration to advise the City of their current and future
needs and plans, changes of technology, and possible modifications of their systems in
Mount Clemens. The purpose of these meetings shall be to foster a better understanding
of the needs of the industry, the concerns of the City, and promote a mutually beneficial
working relationship between the two in order to better serve the community.
I. A condition of every approval of a wireless communication facility shall be adequate
provision for the removal of the facility by users and owners when the facility has not
been used for one hundred eighty (180) days or more. Removal of the tower/antenna
and its accessory use facilities shall also include removing the top three (3) feet of the
caisson upon which the tower is located and covering the remaining portion with top
soil. For purposes of this Section, the removal of towers, antennas or other equipment
from the facility, or the cessation of operations (transmission and/or reception of radio
signals) shall be considered as the beginning of a period of nonuse.
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J. The applicant shall deposit with the City, in a form which is satisfactory to the City, a
performance guarantee in an amount established by the City Commission resolution as
security for the removal of tower if abandoned for use of cellular facilities.
SEC. 8.13 TEMPORARY BUILDING AND USES
Temporary buildings, structures and uses may be permitted as follows:
A. To receive approval for a temporary building, structures and/or use, the following are
required:
1. The applicant and the property owner must not be delinquent on any property taxes
or fees owed to the City.
2. The use must not be prohibited by any other ordinance of the City.
3. The applicant must provide written permission from the property owner for the
proposed temporary use.
B. The Community Development Director may approve temporary buildings, structures
and uses for not to exceed a period of one hundred eighty (180) days in a calendar year,
provided the proposed use is an accessory use to an approved principal permitted use
for the site and the principal permitted use is in compliance with city ordinances, with
such additional conditions as may be determined by the City.
1. The Community Development Director may also approve temporary buildings,
structures and uses for not to exceed thirty (60) days in a calendar year if the
proposed use is not an accessory use for the site, the principal permitted use is in
compliance with this zoning ordinance, with such additional conditions as may be
determined by the City.
2. Applicants who are dissatisfied with the decision of the Community Development
Director may appeal the decision to the Zoning Board of Appeals.
C. The Zoning Board Appeals may permit temporary buildings, structures, and uses for up
to twelve (12) months in a calendar year from the date of ZBA approval provided that all
requirements and conditions relative to the type of structure and use, and timing and
arrangements for termination and removal, are specified in writing.
1. The Zoning Board Appeals may condition approvals related to setbacks, screening,
off-street parking, liability coverage, and other conditions considered necessary to
protect the health, safety, welfare, and comfort of the inhabitants of the City.
2. A single six (6) month extension may be granted if the Board of Zoning Appeals is
petitioned by the applicant prior to the expiration of the original approval.
SEC. 8.14 TRANSPORTATION IMPACT ANALYSIS
A transportation impact analysis for projects expected to have fifty (50) or more peak hour directional
trips or five hundred (500) or more vehicle trips daily. Contents of the transportation impact study
shall include:
A. Illustrations and a narrative which describes the study area and existing operations for
the street system (right of way, functional classification, lane configuration, speed limits,
any sight distances limitations, driveways on both sides of streets adjacent to the site,
current traffic conflicts, etc.)
B. An evaluation for the a.m. and p.m. peak hour of both the use(s) and adjacent street
system. This level of service evaluation shall be conducted for representative uses
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allowed under both the current and requested zoning districts. For uses expected to
generate more than one hundred (100) peak hour directional trips or seven hundred
fifty (750) trips daily, an evaluation of operations at major signalized or non-signalized
intersections in proximity to the site is required in addition to site access points.
C. A table that describes the peak hour and daily trips for representative uses under both
the current and requested zoning district. The city may require concept or schematic
drawings or other information to confirm the size of development permitted under each
scenario.
D. The traffic impact analysis shall be developed in accordance with published
recommended practice in Michigan, the ITE handbook, and the Highway Capacity Manual.
The preparation shall be conducted by a qualified professional. Traffic count data shall be
collected using accepted practices and shall not be over two (2) years old. The forecasts
shall be based on the data and procedures outlined in the most recent edition of Trip
Generation published by the Institute of Transportation Engineers (ITE). The applicant
may use other commonly accepted sources of data or supplement the standard data
with data from at least 3 projects in similar locations in Michigan.
E. The transportation study shall provide at least three (3) levels of analysis: current
conditions, project impacts (projects permitted under requested zoning + existing),
and future conditions (existing + project traffic + background traffic growth + traffic
associated with other developments in the immediate area approved or under
construction). The city may require corridor level computer modeling when multiple uses
or projects are being considered or where multiple traffic signals will be impacted.
F. In areas with observed pedestrian activity and near parks or schools, a multi-modal
level of service evaluation (pedestrians and bicyclists) shall be include along with
recommendations to improve the quality of such travel.
G. Any trip reduction for pass by trips, transit, ridesharing, other modes, internal capture
rates, etc. shall be based both on ITE findings and documented survey results acceptable
to the city and applicable road agency. The community may elect to reduce the trip
reduction rates used.
H. The report shall evaluate the design of proposed access including conformance to the
standards in
Section 10.7
or support for an exception from those standards, any sight
distance limitations, proper spacing, and relationship to other access points, and
potential for shared access facilities.
I. The study shall outline mitigation measures and demonstrate any changes to the
level of service achieved by these measures. Any alternatives or suggested phasing of
improvements should be described. The mitigation measures may include items such
as roadway widening, need for bypass lanes or deceleration tapers/lanes, changes to
signalization, use of access management techniques, or a reduction in the proposed
intensity of use. Proposed mitigation measures must be acceptable to the applicable
road agency (City, Macomb County, or MDOT). The responsibility, timing of roadway
improvements, and relationship to available right-of-way shall be described.
J. The requirement for a transportation impact study, or the specific study elements
required may be waived or modified by the City. Reasons for the waiver or modification
shall be documented. Factors to be considered include:
1. Roadway improvements are scheduled which are expected to mitigate any impacts
associated with the proposed project.
2. The existing traffic level of service (LOS) along the roadway is not expected to drop
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below LOS "D" due to the proposed project.
3. The existing level of service for all modes is considered acceptable and is not
expected to be significantly impacted by the proposed project due to specific
conditions at the location.
4. A similar transportation study was previously prepared for the site and is still
considered applicable.
SEC. 8.15 CONSTRUCTION-RELATED REGULATIONS
A. BUILDING GRADES.
When a new building is constructed on a vacant lot between two (2) existing buildings or
adjacent to an existing building, the existing established grade shall be used in determining
the grade around the new building, and the yard around the new building shall be graded
in such a manner as to meet existing grades and not to permit run-off of surface water
to flow onto the adjacent property. If necessary, drain systems will be installed to provide
water run-off solutions from new buildings or existing buildings onto existing areas at the
new building owner’s expense. Final grades shall be approved by the Building Inspector. A
"certificate of grading and location of building" shall be duly completed and certified by a
registered engineer or land surveyor before construction begins.
B. BUILDINGS TO BE MOVED.
Any building or structure which has been wholly or partially erected on any premises,
located either within or outside of this City, shall not be moved to and placed upon any other
premises in this City until a permit for such removal shall have been secured. Any such
building or structure shall fully conform to all the provisions of this Ordinance in the same
manner as a new building or structure.
Before a permit may be issued for moving a building or structure, the Building Inspector
shall inspect same and shall determine if it is in a safe condition for moving, whether it may
be reconditioned to comply with the current Building Code and other City requirements for
the use and occupancy for which it is to be used. Provided these conditions can be complied
with, a permit shall be issued for the moving of said building or structure.
C. EXCAVATIONS OR HOLES.
The construction, maintenance or existence within the City of any unprotected,
unbarricaded, open or dangerous excavations, holes, pits or wells, which constitute or are
reasonably likely to constitute a danger or menace to the public health, safety or welfare,
are hereby prohibited; provided, however, this Section shall not prevent any excavation
under a permit issued, pursuant to this Ordinance, where such excavations are properly
protected and warning signs posted in such manner as may be approved by the Community
Development Director. Such excavations and holes shall not be permitted beyond a sixty (60)
day duration. This Section shall not apply to drains created or existing by the authority of any
governmental agency.
D. TEMPORARY BUILDINGS
Temporary buildings pursuant to the establishment of a permanent building and permitted
use. All such temporary buildings shall be immediately removed upon expiration of their
time limit established as a condition of their construction.
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ARTICLE 9
SITE DEVELOPMENT STANDARDS
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SEC. 9.1 INTENT
The intent of the General Site Development Standards is to preserve the quality and
character of the City’s environment by regulating man-made development and by preserving
existing environmental amenities. The requirements of this Section are designed to achieve
the following objectives:
A. Uphold the City’s right and duty to protect its natural resources and amenities, as
established within the State Constitution and the enabling legislature.
B. To enhance the visual quality of the City, while preserving and/or enhancing each
individual property’s economic value.
C. To protect adjacent property owners, persons passing by, and the City from activities
and/or negative impacts created by development.
1. Reduce or eliminate glare into and from adjacent sites and activities.
2. Reduce or eliminate debris, dust and other pollutants from the air.
3. Control noise and provide acoustical modification into and from adjacent sites.
4. Control the direction and velocity of surface water runoff and minimize soil erosion.
5. Minimize visibility of undesirable elements contained within the site.
D. Recognizing the above-cited benefits of the natural environment, it is important to
integrate these features into development to improve the community’s environmental
qualities and to enhance the visual character of the built environment.
SEC. 9.2 LANDSCAPING AND SCREENING REQUIREMENTS
A. Applicability. Screening is required between different zoning districts and uses
according to the requirements of this Section of the Zoning Ordinance. The type of
screening required in different situations is based on minor or major impact rankings.
1. Where screening is required, only one adjoining use shall be responsible for its
installation, except as noted herein. This use shall be referred to as the "use providing
screening." The other less intense use shall be the "protected use." In instances where
a "protected use" is developed adjacent to and after the use which is intended to
provide the screening, the "protected use" shall provide the required screening.
2. To determine the appropriate level of impact, refer to the adjoining zoning districts
on the following Schedule of Screening Requirements. The level of impact is indicated
where both uses interface. Specific requirements for screening improvements are
described in the following subsection. If the Planning Commission determines that
more intense and/or compatible screening is necessary due to the nature of the
proposed use and/or the nature of the "protected use," it may require additional and/
or alternative screening methods. These requirements are in addition to specific
screening requirements set forth elsewhere in the Zoning Ordinance. The Planning
Commission may waive the following screening requirements for a portion of the
site where the building setback does not provide adequate space to install a required
greenbelt.
B. General Requirements.
1. Whenever any yard (front, side or rear) is not designated for building, off-street
parking, loading and unloading, storage, or other purpose within the terms and
requirements of a given zoning district, it shall be landscaped with either approved
natural materials or living plant materials which shall be maintained in an
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aesthetically pleasing condition.
2. All landscaped areas shall be protected from the encroachment of vehicles by
concrete curbing or other suitable device. Installation of sprinklers shall be required
to ensure the maintenance of all landscaped areas.
3. A detailed landscape plan for all unpaved areas shall be submitted to the Planning
Commission, showing the names (common and botanical), location, spacing,
planting size, planting and staking details of all plantings to be installed, and the
location and types of all-natural materials proposed to be included in the landscape
treatment of the yard areas. This provision shall apply to all landscape yards
except for single-family residential uses. This landscape plan shall be reviewed and
approved by the Planning Commission.
4. Existing significant trees, tree stands, natural vegetation, and wildlife habitat shall be
integrated into the site landscape plan to the maximum extent possible.
5. Undeveloped portions of the site shall be seeded, mowed and maintained.
6. Maintenance. The owner of the site shall maintain such landscaping in good
condition to present a healthy, neat and orderly appearance, free from refuse and
debris. All plant materials shall be continuously maintained in a sound, weed-free,
healthy and vigorous growing condition and shall be kept free of plant diseases and
insect pests. All unhealthy and dead material shall be replaced within one (1) year or
the next appropriate planting period, whichever comes first.
7. Quality. Plant and grass materials shall be of acceptable varieties and species, free
of pests and diseases, hardy in Macomb County, and shall conform to standards of
the American Association of Nurserymen and the City and shall have passed any
inspections required under State Regulations.
8. No plant materials used to satisfy all or some of the planting requirements of this
Section shall be compromised of non-living materials.
9. Approved ground cover used in lieu of grass, in whole or in part, shall be planted
in such a manner as to present a finished appearance and reasonably complete
coverage after one (1) complete growing season, with at least three (3) plants per
square foot.
10. Lawn Grass. Grass areas shall be planted in species normally grown as permanent
lawns in Macomb County. Grass may be plugged, sprigged, seeded or sodded, except
that rolled sod, erosion reducing net or suitable mulch shall be used in swales or
other areas subject to erosion. Grass, sod and seed shall be clean and free of weeds
and noxious pests or diseases. Grass shall be maintained at a length no greater than
six (6") inches in height.
C. Design Objectives. The following general design objectives and criteria shall be
considered in the evaluation of landscape plans:
1. Ample variety and quantity of ornamental plants, trees and shrubs should be
provided. Variety should be achieved with respect to seasonal changes, species
selected, texture, color and size at maturity.
2. Landscaping should be encouraged that will serve the functions of enhancing the
visual environment, ensuring public safety, moderating the microclimate and
minimizing nuisances.
3. Landscaping should serve to integrate the project with the site, with sensitivity to the
natural topography, drainage and existing native vegetation. It should enhance the
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architecture of surrounding structures, when possible, by being of similar scale.
4. Preservation of the existing landscape material and landforms is mandatory,
particularly where mature trees are a part of the site.
5. Landscaping shall be protected from vehicular encroachment. Raised planting
surfaces and the use of curbs are required.
6. The aesthetic and functional aspects of the proposed landscaping, both at
installation and at maturity, shall be a paramount consideration in review and
approval by the Planning Commission.
D. Sustainability and Low Impact Design Considerations. As part of site design, the
following sustainable building practices are strongly encouraged:
1. Naturalized stormwater management features such as rain gardens, green roofs,
bioswales, and bio-retention basins, which are integrated in a cohesive and logical
manner to take advantage of site topography, orientation and visibility
2. Use of pervious paving in lieu of impervious paving
3. Paved areas reduced to the minimum necessary to accomplish efficient site
circulation and parking
4. Use of native landscaping
5. Publicly accessible natural and open space
6. Renewable energy features such as wind, solar, and geothermal
7. Building siting to take advantage of solar orientation and wind protection
8. Use of recycled products for infrastructure, site, and building materials
E. Screening Requirements for Each Intensity/Impact Classification.
1. Minor. The purpose of screening in this situation is to soften the impact of one land
use on another. This creates an impression of space separation without necessarily
eliminating visual contact. Screening intended to satisfy these objectives shall
conform to the following standards:
a. Seven (7’) foot wide greenbelt.
b. Eight (8’) foot high evergreens and/or three (3") inch caliper deciduous trees
planted at intervals not exceeding thirty (30’) feet on center.
c. A minimum of five (5) shrubs per thirty (30’) feet which have an average height
of three (3’) feet. If evergreens are utilized as the primary screening device,
deciduous shrubs shall be utilized. If deciduous trees are utilized as the primary
screening device, evergreen shrubs shall be utilized.
2. Major. Where major impacts occur, the required screening is intended to block the
view of obtrusive or undesirable visual elements, provide protection from noise and
blowing debris and create a strong impression of spatial separation. Screening in
these situations shall conform to the minimum standards below:
a. A minimum buffer zone of ten (10’) feet shall be maintained between the protected
use and the more intense use. The buffer zone shall be developed with a six (6’)
foot high continuous, decorative masonry wall or two (2) continuous rows of
evergreens (spruce or pine), measuring at least eight (8’) feet in height, evenly
staggered, with each row planted at intervals not exceeding twenty (20’) feet on
center.
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b. One (1) deciduous tree, not less than three (3") inches in caliper, shall be planted
within the greenbelt for every twenty (20’) lineal feet.
c. Additional low-level plant material shall be required along the entire length of the
wall to provide continuous coverage. All such plantings shall meet the height and
spacing requirements specified herein.
F. Other Screening Specifications.
1. Frontage Landscaping. Large, deciduous street trees shall be provided within every
zoning district. The trees shall be spaced evenly in a linear fashion along all road
rights-of-way. One (1) tree shall be planted for each twenty-five (25’) feet of road
frontage and shall be planted five (5’) feet outside of the road right-of-way. In the
case of single-family residential development one (1) street tree shall be required
per lot or for every forty (40’) feet of road frontage, whichever is greater. The Planning
Commission may approve plantings within the road right-of-way in instances
where setbacks or other similar circumstances prevent the applicant from planting
said trees outside of the public right-of-way. Where street trees are permitted to be
planted within the road right-of-way, final approval of such plantings shall be granted
by the Mount Clemens Superintendent of Streets. Plantings within the road right-
of-way shall meet all requirements of the Mount Clemens Trees, Shrubs and Plants
Ordinance. In no way shall the plantings impair the clear vision triangle. The trees
shall be a minimum of three (3") inch caliper at the time of planting. These trees may
not be counted towards parking lot tree requirements.
2. Landscaping of Buildings. Wherever a building is constructed which abuts a drive,
service aisle, road, or other means of access or maneuvering, a minimum of seven
(7’) feet of landscaped area shall be provided around the equivalent of three sides
or seventy-five (75) percent of the building. Landscaping shall not include walkways
or paved service areas. One (1) small deciduous tree (see "Plant Material Size" Table)
shall be provided for every twenty (20’) feet of building length of such building.
3. Parking Lot Landscaping. See
Article 10
.
G. Schedule of Screening Requirements.
USE PROVIDING SCREENING (1) PROTECTED ZONING DISTRICT OR USE (1)
Zoning District Single-Family Multiple/MHC
Commercial/
Office
Industrial
Single-Family (R1-A, R1-B) - -
Multiple Family or Mobile Home Park Major Minor Minor Major
Commercial/Office (MU, GC) Major Major Minor Major
Central Business (CB) Minor - -
Industrial (I-1, I-2) Major Major Minor Minor
1
In instances where a "protected use" is developed adjacent to and after the use which is intended to
provide the screening, the "protected use" shall provide the required screening.
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H. Prohibited Materials. Where a landscape plan is required, the following plant materials
are specifically prohibited:
Black Walnut Cottonwood Ribes (Gooseberry)
Boxelder Fruit-bearing Trees Soft maple (red, silver)
Catalpa Horse Chestnut (nut bearing) Tree of Heaven
Chinese or Siberian Elm Mountain Ash Willow
Chokecherry Mulberry All thorned trees and shrubs
I. Plant Material Species and Size Requirements.
1. Plant material species include, but are not limited to, the following:
a. Evergreens. Fir, spruce, pine, Douglas fir, red cedar, arborvitae, and juniper
(selected varieties).
b. Large Deciduous Trees. Oak, maple, beech, linden, ash, gingko (male only), honey
locust (seedless, thornless), birch, and sycamore.
c. Small Deciduous Trees (Ornamental). Flowering cherry, plum, pear; flowering
dogwood; hawthorn (thornless), magnolia, flowering crabapple, hornbeam,
redbud, and Russian Olive (thornless).
d. Large Evergreen Shrubs. Hicks yew, upright yew, spreading yew, Pfitzer juniper,
Savin juniper, and Mugho pine.
e. Small Evergreen Shrubs. Brown’s, Ward’s Sebion Yews, Dwarf Spreading Juniper,
Dwarf Mugho Pine, and Euonymous Varieties.
f. Large Deciduous Shrubs. Honeysuckle, Lilac, Border Privet (hedge plantings),
Sumac, Buckthorn, Pyrancantha, Weigela, Flowering Quince, Barberry, Cotoneaster
(Peking & spreading), Sargent Crabapple, Dogwood (Red Osier & Grey),
Euonymous Varieties, Viburnum Varieties, and Tail Hedge (hedge planting).
g. Small Deciduous Shrubs. Dwarf Winged, Regal Privet, Fragrant Sumac, and
Cotoneaster (Rockspray) Cranberry)
h. Ground Cover. Periwinkle, Euonymous Varieties, Hall Honeysuckle, and
Pachysandra.
i. Vines. Euonymous Varieties, Virginia Creeper, Baltic Ivy, and Wisteria.
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2. All proposed landscaped plantings shall meet the minimum size requirements
specified in the Plant Material Size table listed below:
Landscaping Material Minimum Allowable Size
Evergreens 8 feet in height
Large Deciduous Trees 3-inch caliper
Small Deciduous Trees (Ornamental) 2-inch caliper
Large Evergreen Shrubs
2’-3’ in height (Hicks yew and upright yew)
18"-2’ spread (all others)
Small Evergreen Shrubs 18"-2’ spread
Large Deciduous Shrubs
18"-2’ in height (Border Privet (hedge
plantings))
2’-3’ in height (Honeysuckle, Lilac,
Pyrancantha, and Tail Hedge (hedge planting))
3’-4’ in height (all others)
Small Deciduous Shrubs 18"-2’ in height
Ground Cover 2" peat pot
Vines
2" peat pot (Baltic Ivy)
2-gallon container (all others)
J. Existing Vegetation. Existing vegetation that is going to be preserved may be counted
towards meeting the landscaping requirements of this Article. The Planning Commission
during site plan review may determine that existing landscaping or screening intended
to be preserved would provide adequate landscaping and screening.
K. Modifications and Waivers. Innovation in design of landscaping is encouraged. To that
end, the Planning Commission may modify or waive these landscaping requirements
upon a finding that sufficient screening would be provided, or the intent of the ordinance
is met. Criteria which shall be used when considering a modification or waiver shall
include, but shall not be limited to:
1. Existing vegetation;
2. Topography;
3. Existing wetlands, floodplains, or other natural features;
4. Existing and proposed building and parking lot placement;
5. Building heights and views;
6. Adjacent land uses and distance between land uses;
7. Dimensional conditions unique to the parcel;
8. Traffic sight distances;
9. Alternative means of irrigation provided satisfactory to the Planning Commission.
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SEC. 9.3 FENCES AND SCREENING WALLS
A. Residential Fences, Walls, Hedges and Protective Barriers
1. The erection, construction or alteration of any fence, wall, hedge or other type of
protective barrier in a single-family district shall be reviewed by the Community
Development Director. The Community Development Director shall approve all fences
that conform to the requirements of the zoning district wherein they are proposed
and meet the requirements of this Section.
2. In any residential district, fences and walls are permitted along any lot line.
3. Unless otherwise stated, fences shall be a maximum of six (6) feet in height. A
residential property line abutting a railroad right-of-way shall be permitted to
maintain a fence with a maximum permitted height of nine (9) feet.
4. No fence located in the front yard shall be greater than forty-two (42) inches in height.
Fences located in the front yard shall be decorative in nature. Chain link fencing shall
not be considered decorative.
5. In any yard, no fence within fifteen (15) feet of the intersection of a driveway and the
property line shall be constructed of view-obscuring materials to ensure adequate
clear vision for vehicular traffic. No fence located within this area shall exceed thirty-
six (36) inches in height.
6. No fencing shall have sharp design features and shall not contain barbed wire or
razor wire.
7. All fences in multiple-family residential districts shall be subject to site plan review
procedures.
8. For all fences hereinafter erected, the finished side of the fence shall face the property
adjacent to the property where the proposed fence is installed.
B. Fences in Other Than Single-Family Residential Zoning Districts
1. Approval. All fences erected in multiple-family, manufactured housing, commercial
and industrial districts shall require approval by the Community Development
Director as part of site plan review.
2. Rear and Side Yard. The height of fences in the side or rear yard shall not exceed
eight (8) feet; except taller fences shall be permitted for recreation facilities, wireless
communication facilities, and commercial uses that have received special land use
approval for outdoor storage and industrial uses.
3. Front Yard. Substantially solid or opaque fences located in the front yard shall not
exceed three feet, and four feet for wrought iron fences. The Community Development
Director may permit a taller privacy fence or an obscuring wall in the front yard on
nonresidential lots where necessary for screening from adjacent uses.
4. Materials. All fences hereafter erected shall be of an enclosure type. Barbed wire,
spikes, razor wire, nails or any other sharp point or instrument of any kind on top or
on the sides of any fence, or electric current or charge in said fences, are prohibited,
except barbed wire cradles may be placed on top of fences enclosing permitted rear
or side yard storage in the General Commercial, Light Industrial and Heavy Industrial
Districts and public utility buildings, as deemed necessary in the interests of public
safety by the Planning Commission.
C. Walls. Whenever a wall is used in conjunction with the previously mentioned screening
requirements, it shall be constructed according to the following specifications:
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1. Walls shall be constructed of reinforced protective decorative face brick (same
as building), decorative poured reinforced concrete (to match building), or
similar decorative building material determined to be acceptable by the Planning
Commission. The color of brick or facing shall be compatible with brick used on the
site and shall be durable, weather resistant, and easy to maintain.
2. Walls shall be placed on the subject property with the outer edge of the wall located
on the property line. Walls shall have no openings for vehicular traffic, unless
providing vehicular cross-access as approved by the Planning Commission.
3. The wall shall meet all Building and Engineering requirements of the City.
4. No such wall shall be painted, nor constructed of exposed concrete block, cinder
block, or wood products.
5. Unless otherwise expressly directed by the provisions of this Ordinance, all protective
walls or greenbelts shall be provided when required along, and immediately joining,
the zoning district boundary line and/or property line and shall be installed to lie
wholly on the land of the applicant seeking site plan approval. In instances where
drains, trees or other obstacles preclude such location, the Planning Commission
shall determine the most appropriate alternative location.
6. All walls required by this Ordinance shall be completely installed prior to the issuance
of an occupancy permit for the use of the premises, except as provided hereinafter.
7. In any case where the development of the land and/or buildings has been fully
completed and an occupancy permit would otherwise be issued, and the completed
installation of the wall, greenbelt and/or landscaping required is prevented by
inclement weather or acts of nature beyond the control of the owner, the owner may
receive a six month temporary occupancy permit subject to the completion of all
such landscaping, provided that a sufficient financial guarantee has been posted at
the City by the applicant.
8. Maintenance of the wall or any other substituted screening device shall be the
responsibility of the property owner on whose property such wall or screen is located.
SEC. 9.4 TRASH RECEPTACLES AND ENCLOSURES
A. The location of trash receptacles shall be indicated on a site plan. Trash receptacles
shall facilitate collection and minimize negative impacts on persons occupying the site,
neighboring properties, traffic, or any public right-of-way. Trash receptacles shall not be
in the front yard.
B. All trash receptacles shall be screened from the public right-of-way on three (3)
sides by the existing building or by a durable masonry enclosure compatible with the
existing building architecture. Further, evergreen plantings shall be included around
the enclosure to provide a continuous screen. All trash receptacles shall be placed on
an eight-by-ten (8’x10’) foot concrete pad. Concrete or metal bollards shall be placed
between the trash receptacle and the rear wall of the enclosure. The trash receptacle area
shall be screened at the opening with a six (6’) foot high metal framed wood screening
gate.
C. The height of the masonry screening walls shall be six (6’) feet. The walls shall be
maintained to remain structurally sound and neat in appearance. Trash receptacles shall
be so located and arranged to minimize their visibility from adjacent streets and uses.
All trash receptacles shall be located on site to be as accessible as possible without
interfering with vehicular circulation patterns.
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SEC. 9.5 MECHANICAL EQUIPMENT
A. Mechanical equipment including central air conditioning units or generators, installed
outside of residential dwellings and their attached structures, shall not become a noise
nuisance and must be properly screened from view as required by the Community
Development Department. Installation of such equipment shall also comply with all
applicable provisions of the Zoning Ordinance, including the following:
1. The unit shall be located behind the rear wall of the structure, no less than three
(3’) feet from the wall of the main structure. However, generators shall be located a
minimum of five (5’) feet from the wall of the structure, unless otherwise permitted
by the National Fire Protection Association.
2. Where a hardship exists preventing the equipment from being in a rear yard,
the equipment may be in the side yard. The Community Development Director
shall determine whether a hardship exists preventing a rear yard location. All
such equipment shall meet the minimum side yard setback requirements of this
Ordinance.
3. All equipment shall be located on a concrete pad or other manufacturer
recommended material as deemed acceptable by the Building Official.
B. Roof-mounted appliances, including, but not limited to, air conditioners, heating
apparatus, dust collectors, filters, transformers, and any other such appliance or
apparatus, shall be enclosed on all sides by view-obscuring screening so as not to be
visible from off the site. The design of the screening shall be approved by the Planning
Commission as compatible with the architectural design of the building upon which it is
located. Ground mounted appliances shall be screened using decorative landscaping, a
decorative wall or wood screening fence, whichever the Planning Commission determines
to be most appropriate.
SEC. 9.6 LIGHTING
A. Outdoor lighting in conjunction with any site plan or special land use approval in all use
districts shall conform to the following requirements as to type, location and intensity.
1. All outdoor lighting used to light a specific site shall be shielded downward or below
horizontal (maximum of 85 degrees from vertical) to reduce glare and shall be so
arranged and designed to reflect light away from all adjacent residential districts or
existing adjacent residences and public right of ways. No light shall cast a glare onto
adjacent roadways.
2. Artificial light shall be stationary and constant in intensity and color always when in
use. There shall be no flashing, oscillating, moving or intermittent type of lighting or
illumination. In addition, there shall be no bare bulb illumination of any kind exposed
to public view.
3. The lighting sources (bulbs or lenses) for non-residential properties shall not be
visible from adjoining properties or rights-of-way. Also, the height of the non-
residential lighting fixture, including the base, measured from the established grade
shall not exceed twenty (20’) feet.
4. Carriage style and similar decorative lights which may have lighting sources which
are not directed downward may be utilized in any district, however, such lights shall
have internal shields to direct light downward and away from adjacent properties and
roadways as necessary. The height of such lights shall not exceed fifteen (15’) feet.
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5. Lighting at any nonresidential drive and street intersection may be required upon
Planning Commission determination. Fixtures located at an intersection shall be
full cut-off fixtures. Such lighting shall not exceed an average of one (1) foot-candle.
Lighting at major intersections shall not exceed an average of 1.4 foot-candles.
6. Ground lighting (up-lighting) used for illuminating signs, landscaping and
architectural details shall be shielded away from public view, directed solely at the
object to be lit and landscaped as necessary.
7. A ground level photometric plan (in foot-candles) demonstrating compliance with
ordinance standards and including the following information may be required for
each development, as determined necessary by the Planning Commission.
a. Lighting plan showing light pole and fixture locations and type designations.
b. Photometric plan showing horizontal luminance levels in a point by point format
with contour lines. Canopy lighting will also be included in luminance levels.
c. Lighting manufacturers’ equipment specifications and data sheets on the
photometric plan, and
d. Any other presentations required to convey the intent of the design.
8. Light poles shall be located within parking islands or at the boundary of the parking
lot area. In instances where parking abuts such location, the light pole must be set
back a minimum of two and one-half feet to ensure proper overhang clearance.
9. The intensity of outdoor lighting in all use districts shall be limited to the following
amounts:
Schedule of Illumination (in foot-candles measured at the surface)
Use
Average Illumination Level*
(Foot-candles)
Uniformity
Ratio
Residential, Church, School, and Child Care Facility 0.8 4:1
Nonresidential 4.0 4:1
* No light measured (at eye level) at the property line shall be greater than one-tenth (0.1) foot-candle at the side
and rear property line, nor greater than one-half (0.5) foot-candle or the intensity of the available street lighting at
the front property line, whichever is greater.
SEC. 9.7 SIDEWALKS AND NON-MOTORIZED PATHWAYS
A. Intent. The purpose of this section is to enhance the health, safety, and welfare of the
public by the development and maintenance of non-motorized infrastructure to allow for
improved access to transportation and recreation opportunities.
B. General Standards. All sidewalks and pathways shall adhere to the following standards:
1. Sidewalks shall be installed along both sides of all streets and private roads or drives.
2. Construction Standards. All sidewalks shall be concrete, at least five (5) feet in
width, and constructed to the applicable standards of the State of Michigan and City
of Mount Clemens Engineering Standards.
3. Crosswalks. An inclined approach is required where sidewalks and bike paths
intersect curbs for barrier free access to the sidewalk. Crosswalk pavement markings
and signs may be required at intersections. Crosswalks may also be required to
connect sidewalks across parking lots.
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4. Location. Sidewalks shall be installed within one foot of the right-of-way or easement.
Sidewalks shall be located to align with existing or future sidewalks on adjacent lots.
5. Non-motorized Pathways. The Planning Commission may require non-motorized
pathways within open space areas. Pathways shall be a minimum five (5) foot
wide asphalt. Alternative pervious materials, such as crushed gravel or wooden
boardwalks may be permitted by the Planning Commission in areas with sensitive
environmental features.
6. Interior Sidewalks. An on-site sidewalk shall also be required as a means of
connecting the principal building entrance with the road frontage sidewalk.
Sidewalks may be required in other interior locations as part of site plan review where
the Planning Commission determines that they are needed for pedestrian safety or
convenience.
SEC. 9.8 MAILBOX CLUSTERS
A. The location of mailbox clusters shall not conflict with pedestrian or vehicular
circulation. A dedicated pull-off area shall be provided that is out of the main travel lanes.
B. The design of the mailbox cluster shall be integrated into the design of the overall
development by utilizing decorative structures that are compatible with the site design
and building architecture.
SEC. 9.9 CHARITABLE DONATION DROP BOXES
A. Charitable donation drop boxes or other similar items shall be permitted in the rear yard
or non-required side yard (meeting building setback requirements). These items shall
not be permitted in the front yard, or any landscape greenbelt and shall not be permitted
in a location that would block parking spaces, or loading areas and shall not obstruct
vehicular circulation, fire lanes, or sidewalks.
B. Drop boxes are limited to two (2) boxes per property in an area not to exceed a total of 120
square feet.
C. Regular collection of dropped items is required and no items shall be left outside the
drop box.
D. The name and telephone number of the owner/operator, who’s responsible for describing
the kinds of items sought for donations and removing items must be noted on the
outside of the box. A statement must also be included on the box that liquids, hazardous
materials and dumping are prohibited.
E. Written permission from the property owner is required.
City of Mount Clemens Zoning Ordinance
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ARTICLE 10
OFF-STREET PARKING & LOADING REQUIREMENTS
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SEC. 10.1 INTENT
The off-street parking and loading requirements of this Ordinance are established to prevent
congestion on public streets by providing clearly defined parking areas that are separated
from roadways; to remove the hazard to pedestrians of emerging between parked vehicles
onto a public street; to facilitate proper storm-water runoff; to prevent the generation of
dust; and to ensure safe, on-site circulation for pedestrians and automobiles.
SEC. 10.2 GENERAL PARKING REQUIREMENTS
It shall be the duty of both the owner and occupant of any premises to provide off-street
parking areas as required in this Article. Such off-street parking areas shall be laid out,
constructed and maintained in accordance with the following standards and regulations:
1. Whenever a use or an activity requiring off-street parking is created, enlarged or
increased in activity or intensity, off-street parking spaces shall be provided on site
and maintained as required by this Ordinance.
2. The amount of required off-street parking for new uses of buildings, additions to
existing buildings, new uses of land and accessory buildings shall be determined
in accordance with the regulations in effect at the time the new use or addition is
proposed, and the space so required shall be shown on the site plan and shall be
irrevocably reserved for such use.
3. Off-street parking existing at the effective date of this Ordinance in conjunction with
the operation of an existing building or use shall not be reduced to an amount less
than hereinafter required for a similar new building or new use.
4. Nothing in this Section shall be construed to prevent the collective provisions of off-
street parking areas for two or more buildings or uses. Such collective parking may
be reduced by up to fifteen (15) percent of the required minimum number of spaces
for the various uses computed separately, provided that a parking study is presented
to the Planning Commission which substantiates the requested reduction.
5. Where the owners of two (2) buildings, whose peak operating hours do not overlap,
desire to utilize common off-street parking areas, the Planning Commission may
permit such dual function provided that the following conditions have been met:
a. The peak business hours of the two (2) buildings or uses do not overlap.
The applicant requesting shared parking shall demonstrate to the Planning
Commission that the amount of parking required for each individual site may be
accommodated for in the future. In the event that there is a change of uses that
no longer meets the criteria established for shared parking, the required number
of spaces as provided in
Section 10.3
shall be installed.
b. The common parking area meets the off-street parking requirements of the larger
building or more intensive use.
c. The common parking area meets all of the locational requirements of this
Ordinance with respect to each building or use.
6. Off-street parking areas required herein shall be located within three hundred (300’)
feet of the permitted use it is intended to serve, such distance to be measured along
lines of public access to the property between the nearest point of the parking area
and the building to be served, provided that the said off-street parking area shall not
be separated from the building to be served by any major or secondary thoroughfare,
drain or physical barrier, or public improvement.
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7. Required off-street parking may not be enclosed with a gate that would permit it to be
closed to either employees or patrons.
8. When units or measurements determining the number of required parking spaces
result in the requirement of a fractional space, any fraction shall require one (1)
parking space.
9. For the purpose of determining off-street parking requirements for all uses, floor area
shall mean one hundred (100) percent of the gross floor area as measured from the
interior of all exterior walls.
10. Whenever drive-through or vehicle stacking lanes are provided, such lanes shall
be located so as not to impede pedestrian or vehicular circulation on the site or on
abutting sites, nor shall any drive-through lane cross a vehicle maneuvering lane or
aisle or block any space used for parking.
SEC. 10.3 OFF-STREET PARKING REQUIREMENTS
The minimum number of off-street parking spaces by type of use shall be determined in
accordance with the following schedule. For those uses not specifically mentioned, the
requirements for off-street parking facilities shall be in accord with a use which is most
similar in type as determined by the Planning Commission.
A. RESIDENTIAL.
1. The off-street parking area required for single-family dwellings shall be located on the
same lot or plot of ground of the building they are intended to serve and shall consist
of a paved parking strip, parking apron, carport and/or garage on the basis of two (2)
parking spaces for each dwelling unit. Parking shall be restricted to paved areas. The
parking of recreation vehicles shall by regulated by all applicable ordinances within
the City.
2. Multiple-family residential dwellings shall have two (2) paved off-street parking
spaces for each one-bedroom dwelling unit. Multiple-family dwelling units in the
Central Business Zoning District shall be required .75 paved off-street parking spaces
per each dwelling unit.
3. Housing for the Elderly. Two (2) spaces for each three (3) dwelling units, and one (1)
for each employee. Should the dwelling units revert to general occupancy, then two
(2) spaces per unit shall be provided. The location of this reserved parking area shall
be shown on the site plan at the time of the original approval.
4. Manufactured Homes. Two (2) spaces per unit, plus one (1) space for every three (3)
manufactured home sites for visitor parking. Visitor parking shall be located within
three hundred (300’) feet of the manufactured home sites they are intended to serve.
5. Community Buildings (Multiple-Family and Manufactured Housing Community). One
(1) space for each four (4) persons allowed within the maximum occupancy load, as
determined by the Fire Department.
In Multiple-Family Residential Districts and Manufactured Housing Communities where
recreation vehicles are permitted, a secured storage area for such vehicles shall be provided
and buffered from adjacent uses. Such parking shall be collective and in a central location.
In no case, however, shall a recreation vehicle be parked or stored closer than thirty (30’) feet
to any building or site boundary line. No unlicensed motor vehicle of any type shall be parked
within the development at any time, except within a covered building or the enclosed storage
area. In the Manufactured Housing Community District, no motorized recreation vehicles
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or boats shall be parked on individual home sites. All group off-street parking lots shall be
adequately lighted during hours of darkness with no more than one-half (1/2) foot candle of
illumination. Storage of commercial vehicles or trailers on the premises is prohibited.
B. INSTITUTIONAL.
Use Minimum Spaces Required
Auditoriums (incidental to
churches, schools, and hospitals)
One (1) space for every three seats; plus one (1) for every two (2)
employees. If no seats, one (1) for every fifty (50) square feet of
floor area.
Places of Worship
One (1) space for every four (4) seats or six (6) feet of pew in the
main worship area.
Convalescent Homes
One (1) space for every two (2) beds; plus one (1) for each staff
member.
Elementary and Junior High
Schools
Ten (10) spaces; plus one (1) for every two (2) employees; plus
auditorium requirements.
Hospitals
One (1) space per bed; plus one (1) space per employee and
doctor on peak employment shift.
Libraries/Museums
One (1) space for every five hundred (500) square feet of floor
area
Nursery Schools, Day Nurseries or
Child Care Facilities
One (1) space for each employee; plus one (1) space for every
four students on the premises at one time.
Private Clubs and Lodges One space for every two hundred (200) square feet of floor area.
Senior High Schools and Colleges
One (1) space for every one (1) employee; plus one (1) space
for every four (4) students; plus the requirements of the
auditorium.
C. RECREATIONAL.
Use Minimum Spaces Required
Bowling Alleys
Five (5) spaces per lane; spaces required for ancillary
uses, such as lounges or restaurants, shall be
determined on the basis of the individual requirements
for each use as specified herein.
Dance Halls, Amusement Device Centers,
Ice Skating Rinks, Indoor Shooting and
Archery Ranges, and Exhibition Halls
One (1) space per three persons allowed at maximum
occupancy load, as determine by the Fire Department.
Miniature Golf, Par 3 Courses and Driving
Ranges
Two (2) spaces per each golf hole; plus one (1) space for
each driving range tee; plus one (1) space per employee.
Private Golf, Swimming or Tennis Clubs
and Similar Uses
One (1) space for every three (3) member families; plus
one (1) per employee.
Private Parks One (1) space for every two (2) individual members.
Public Golf Courses (not including
miniature golf, driving ranges or par 3
courses)
ix (6) spaces for each golf hole.
Public Recreation (other)
One (1) space for every two (2) users at maximum
capacity; plus one (1) space for each employee.
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Stadiums and Sports Arenas or similar
places of assembly
One (1) space for every four (4) seats or every ten feet
(10’) of bench.
Racquet/Tennis and Exercise Clubs
One (1) space for every two (2) persons allowed within
maximum occupancy, as determined by the Fire
Department.
Theaters
One (1) space for every four (4) seats; plus one (1) space
for every two (2) employees. If no seats then one space
for every seventy-five (75) square feet of floor space.
D. OFFICES.
Use Minimum Spaces Required
Banks
One (1) space for every two hundred (200) square
feet of floor area. Stacking lanes for drive-through
tellers shall be provided.
Business and Professional Offices or free-
standing administrative offices, except as
indicated below
One space for every two hundred and fifty (250)
square feet of usable floor area.
Clinics, Medical, Dental, Veterinary
One (1) space for each employee; plus one (1) space
for every two hundred (200) square feet of floor area.
E. AUTO-RELATED USES.
Use Minimum Spaces Required
Auto Wash, hand or coin-
operated
Four (4) exterior waiting spaces at entry, plus two (2) exterior
drying spaces for each bay; plus one (1) space for each employee.
Full-Service Auto Wash
One (1) space for each employee, plus twenty (20) exterior spaces
at entry.
Auto Service Stations and Auto
Repair Services, excluding heavy
and major repair
In addition to a service space to be provided at each pump, the
following additional requirements shall apply: three (3) spaces
for each service bay; plus one (1) space for every two hundred
(200) square feet of retail floor area; plus one (1) space for each
employee.
Self Service Gasoline Stations
(gasoline and convenience
retail; no repair or fast food
restaurants)
In addition to a service space to be provided at each pump, the
following additional requirements shall apply; one (1) space for
every two hundred fifty (250) square feet of retail floor area; plus
one (1) space for each employee.
Heavy and Major Auto Repairs
Three (3) spaces for each service bay. No wrecked vehicles to be
parked or stored outside.
Quick Oil Changes
Two (2) spaces per bay; plus one (1) space for each employee at
the peak shift; one (1) space for every two hundred (200) square
feet of floor area used for retail sales.
Vehicle Sales/Rental
Establishments
One (1) space for every three hundred (300) square feet of sales
area; one (1) space for every two hundred (200) square feet of
office area; and two (2) spaces for each service bay.
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F. COMMERCIAL.
Use Minimum Spaces Required
Banquet/Catering Halls
One (1) space for every two (2) persons allowed
within maximum occupancy, as determined by the
Fire Department
Beauty Parlors/Barber Shops
Three (3) spaces for the first two (2) chairs, plus
one (1) space for each additional chair; or one (1)
space for every seventy-five (75) square feet of floor
area, whichever is less.
Dry Cleaners
One (1) space for every two (2) employees, with a
minimum of four (4) spaces.
Funeral Homes/Mortuaries
One (1) space for every seventy-five (75) square feet
of assembly room floor space, parlors, and slumber
rooms.
Furniture and Appliance retail stores;
household equipment repair shops; showroom
of a plumber, decorator, electrician or similar
trade; clothing and shoe repair and other
similar uses.
One (1) space for every five hundred (500) square
feet of floor area. For floor area used in processing
or storage, one (1) additional space shall be
provided for each two (2) persons employed
within or each one thousand (1,000) square feet,
whichever is greater.
Greenhouses and Nurseries
One (1) space per employee; plus one (1) space
for every two hundred (200) square feet of actual
permanent or temporary areas devoted primarily to
sales.
Laundromats and Coin-operated Dry Cleaners One (1) space for every three (3) machines.
Motel, Hotel, or other transient uses.
One (1) space for each occupancy unit, plus one
(1) space for each employee; spaces required for
ancillary uses, such as lounges, restaurants or
conference areas, shall be determined on the basis
of the individual requirements for each use as
specified herein.
Open Air Businesses
One (1) space for every five hundred (500) square
feet of lot area used for retail sales, services, and
uses.
Retail Stores, except as otherwise specified
herein
One (1) space for every two hundred and fifty (250)
square feet of floor area.
Restaurants/Lounges (excluding fast-food or
carry-out establishments)
One (1) space for every one hundred fifty (150)
square feet of floor area, or one space for every
three (3) persons allowed within the maximum
occupancy, whichever is greater.
Restaurants - Fast-Food and Drive-Ins
One space (1) for every two (2) employees; plus
one (1) space for every three (3) seats intended for
patrons within the restaurant building; plus one (1)
space for every twenty (20) square feet of building
floor area available in the order-waiting area.
Restaurants - Carry-out only
One space (1) per employee plus fifty percent
(50%) of the minimum parking requirement for
restaurants with permanent seating.
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Specialty Shops
One (1) space for every three hundred (300) square
feet of floor area.
G. INDUSTRIAL.
Use Minimum Spaces Required
Industrial and Wholesale One space for every five hundred (500) square feet of floor area.
Warehouse
One space for every seventeen hundred (1,700) square feet of usable
floor area.
Office-Research One (1) space for every three hundred (300) square feet of floor area.
Mini-Warehouses or Self-
Storage Units
Two (2) spaces for the residential caretaker’s unit; plus one (1) space per
fifty (50) square feet of floor area used for office purposes.
H. Maximum Number of Parking Spaces Permitted.
1. In no circumstance shall any use provide a number of surface parking spaces which
exceeds the required minimum amount defined in
Section 10.3
by more than ten
(10%) percent, unless otherwise stated in this Ordinance.
I. PARKING Requirements for the Central Business District.
1. Intent. It is the intent of this Section of the Ordinance to minimize the amount of
privately owned surface parking areas in the Central Business Zoning District. The
City of Mount Clemens shall provide primary parking areas to service the Central
Business District, concentrated in publicly owned lots and/or structures. By limiting
on-site surface parking the City aims to achieve the following goals:
a. Preserve an environment that is unique to the City of Mount Clemens and
Macomb County by preventing the future development of scattered, random areas
of surface parking that break up the continuity of the built environment in the
Central Business District.
b. Preserve the high density character that defines downtown Mount Clemens by
minimizing the space reserved for parking, thus allowing sites to be developed at
a greater intensity.
c. Preserve the aesthetic and environmental appeal of downtown Mount Clemens by
limiting the amount of impervious surface dedicated to surface parking.
d. Create a downtown environment that minimizes pedestrian conflicts with the
automobile. By regulating the location and number of off-street parking areas, the
potential for conflict is greatly reduced.
e. Enhance the visual quality of downtown, while preserving and/or enhancing each
individual property’s economic value.
f. Maintain the character of the downtown district by allowing structures, not
pavement, to define its space.
2. CBD STANDARDS.
a. Property zoned CB, Central Business, shall not be required to provide an off-
street parking area, with the exception of residential uses, which shall meet the
requirements of
Section 10.3A2
.
b. Privately owned off-street parking shall not be permitted in the Central Business
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Zoning District except where one of the following requirements can be met:
i. The property owner is providing an off-street parking area through the
construction of a parking structure meeting the requirements of
Section 10.5
.
ii. The off-street parking area is located at the rear of the site and does not
exceed 4,500 square feet or 20% of the gross site area, whichever is less.
J. Mixed-Use District Reduction Standards
The required parking in
Section 10.3
may be reduced in the Mixed-Use District according to
the following standards:
1. Shared Parking: The parking requirement may be satisfied through shared parking
with an adjacent use. All uses must be located within 300 feet of the shared
parking with a copy of an executed easement that provides for continued use and
maintenance of the parking is filed with the County Register of Deeds and a copy is
submitted to the City. Where uses with different peak hour parking demands, such
as a restaurant and office share the same parking lot, the total cumulative parking
requirement for all uses may reduce by up to 50%.
2. Mixed-Use: In a mixed-use project, parking may be shared by the different uses. A
mixed-use project composed of residential and retail uses may reduce the total
vehicle parking up to 30 percent of the total required parking. A mixed-use project
composed of residential and office or institutional uses may reduce the total vehicle
parking up to 40 percent of the total required parking. A mixed-use project composed
of office or institutional uses and retail uses may reduce the total vehicle parking
up to 20 percent of the total required parking. The reduction in parking for mixed-
use development may be below the noted percentage by may not exceed. The Zoning
Administrator or his/her designee, shall determine the reduction by taking into
consideration the proposed land use, peak parking usage periods, and Institute of
Transportation Engineers (ITE) parking generation rates manual.
3. On-street Parking: Public on-street parking that is located along the developments
frontage shall be counted towards the number of spaces required for the commercial
component, but not for the residential component, within the development.
4. Reductions: The parking requirement may be reduced where the applicant can
demonstrate, based on supporting documentation provided by the applicant, the
parking need for that particular use is less than required by this Ordinance or valet
service to a satellite parking lot will be provided.
SEC. 10.4 OFF-STREET PARKING DESIGN
Wherever the requirements in
Section 10.3
require the construction of an off-street
parking area, such off-street parking area shall be laid out, constructed and maintained in
accordance with the following standards and regulations:
1. No parking lot shall be constructed unless and until a permit therefore is issued
by the Community Development Department. Applications for a permit shall be
submitted as per the requirements of Site Plan Review (
Article 3
).
2. All parking serving other than single-family dwellings shall be side-by-side or parallel.
Tandem parking shall be prohibited, except where a multiple-family unit has its
own separate two-car garage, their separate approach apron can be used for visitor
parking. Tandem parking to a depth of three (3) cars may be permitted in vehicle
storage and inventory areas provided such areas are under the control of employees
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and are not accessible by the general public. Any parking or vehicle circulation areas
accessible to the public shall meet the size standards specified in this Section.
3. Except as otherwise provided in this Article, required off-street parking space shall
be for the use of occupants, employees, visitors, customers, clients and patrons.
Off-street parking areas shall not be used for other than parking purposes or
allowed to become unusable, except for temporary repairs. The storage of vehicles
or merchandise in any off-street parking space is prohibited, except as permitted
in conjunction with the approved principal or accessory use. Further, no repairs or
service to vehicles and no display of vehicles for the purpose of sale shall be carried
on or permitted upon any off-street parking area, except as permitted in conjunction
with the approved principal or accessory use.
4. Dimensions. Plans for the layout of an off-street parking area shall have dimensions
consistent with the following standards:
90 degree 60 degree 45 degree Parallel
Space Width 10 ft. 9 ft. 9 ft. 8 ft.
Space Length 20 ft. 20 ft. 20 ft. 24 ft.
Aisle Width 22 ft. 15 ft. 12 ft. 12 ft.
Total for a row 62 ft. 50 ft. 40 ft. --
a. All other two-way drives or maneuvering lanes not indicated above shall have a
minimum width of twenty-two (22’) feet. One-way drives shall have a minimum
width of ten (10’) feet. All proposed maneuvering lanes less than twenty-two
(22’) feet in width are subject to approval by the City of Mount Clemens Fire
Department.
b. Parking spaces to accommodate vehicles with trailers (boats and recreational
vehicles) shall be at least ten (10’) feet by forty (40’) feet.
c. All parking area stalls shall be striped and maintained.
d. In any area where front-end parking abuts a curbed area or a raised sidewalk, a
two (2’) foot vehicle overhang shall be required.
e. In any area where a row of front-end parking abuts a curbed lawn area at least
two (2) feet in width or a raised sidewalk having a minimum width of at least five
(5) feet, the minimum parking stall depth may be reduced by up to two (2) feet in
depth in order to allow for a vehicle to overhang such area or such sidewalk. In no
case shall the parking stall depth be decreased to allow a vehicle to overhang a
required parking setback or property line.
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5. Drainage. Site drainage and water detention/retention in a proposed parking
area shall be approved by the City of Mount Clemens Engineer. On-site stormwater
filtration through the provision of rain gardens and bioswales is encouraged.
6. ADA Accessibility. Barrier Free parking spaces shall be furnished as required by State
and Federal law.
7. Pavement. The entire parking area, including parking spaces, maneuvering lanes
and drives required under this Section, shall be provided with asphaltic or concrete
surfacing in accordance with the City of Mount Clemens Engineering Standards or a
permeable pavement alternative as approved by the City Engineer. The parking area
shall be surfaced prior to the issuance of the certificate of occupancy for the building
or buildings which it serves.
8. Landscaping. Curbed, landscaped islands shall be placed at the ends of parking
space groupings to separate parking spaces from maneuvering aisles and provide for
safe traffic flow.
a. All off-street parking areas shall incorporate and provide curbed tree planting
spaces to be laid out square and constructed to provide not less than one
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hundred and twenty-six (126) square feet of land area for each tree planting. These
curbed islands shall be planted with sod (landscape rock, gravel, or other similar
material is prohibited).
b. All landscaped areas shall be protected by a six (6) inch standard or rolled
concrete curb, except where landscape islands are being utilized as part of a
stormwater detention or conveyance system.
c. Curbed, landscaped islands shall be placed at the ends of all parking space
groupings to separate the parking spaces from the maneuvering lanes and to
provide for safe traffic flow. These planting areas shall not be less than seven (7’)
feet in width.
d. Trees shall be planted throughout the parking area. Trees shall be a minimum of
three (3") inches caliper at the time of planting and shall be provided at a ratio of
one (1) tree for each six (6) parking spaces or fraction thereof. These trees shall
not be counted towards street frontage tree requirements. The following trees or
similar types are suitable for parking lot and urban conditions:
i. White Fir (only when clear vision is maintained)
ii. Norway Maple
iii. Tulip Tree
iv. Ginkgo Tree (male only)
v. Red Oak.
9. Lighting. Parking lot lighting shall meet the requirements of
Section 9.6
.
10. Maintenance. The surface of the parking lot area, shall be maintained and kept free
from weeds, rubbish, refuse and debris.
11. Ingress/Egress. Adequate ingress and egress to the parking area by means of
clearly limited and defined paved drives shall be provided for all vehicles.
a. All parking areas shall be provided with an entrance and exit from the abutting
public thoroughfare. Such entrance and exit may be combined as one, which shall
be thirty (30’) feet in width.
b. Each site shall be limited to one access drive per road frontage that the property
abuts subject to the provisions of Section 4.15B.
c. Ingress and egress to a parking lot for non-residential purposes shall not be
provided across land zoned for single-family residential purposes. All such
entrances and exits shall also be located at least ten (10’) feet from any property
zoned for single-family residential use.
12. Cross Access. The Planning Commission may require an access easement to
provide for vehicular access to existing or contemplated adjacent parking areas to
minimize the need for driveways to each facility and thereby decreasing hazards to
vehicular traffic. In such instances, a reciprocal use agreement shall be signed by
each owner.
13. Space Access. All parking spaces shall be provided with adequate access by means
of maneuvering lanes. Spaces shall not be designed to permit or encourage vehicles
from backing out of a space directly onto a street or alley, with the exception of
single-family residential uses.
14. Curbs. Reinforced concrete curbs, meeting the City of Mount Clemens Engineering
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Standards, and as approved by the City Engineer, shall be required. The use of bumper
blocks is prohibited, except in such circumstances as determined by the Planning
Commission where the site characteristics warrant their use.
15. Location and Screening
a. Location in Rear Yard. Parking areas shall be located in the rear yard of all uses,
with the exception of single-family residential. Where the applicant can show
that the placement of a parking area in the rear yard is not feasible due to unique
characteristics of the site or the location of an existing structure, the Planning
Commission may approve placement of a screened parking area in the side yard.
b. Through Lots. Surface parking is not permitted directly between a building facade
and a street frontage except on through lots’ secondary frontages where any
surface parking shall be screened.
c. Setbacks. No parking area shall be located closer than five (5’) feet to any
property line. Single-family residential development shall not be required to meet
this provision.
d. Screening. In cases where parking or other vehicle circulation areas are visible
from a public street, a three (3) foot tall brick wall shall be installed between the
parking/vehicle circulation area and the sidewalk. Alternatives can be considered
by the approving body such as a hedge row with trees, wrought iron fencing with
brick pilasters, or a combination of these improvements. The hedgerow shall
consist of evergreen shrubs planted four (4) feet on center to create a solid row of
shrubs.
e. Adjacent to single-family residential. Where a parking lot or loading area for a
nonresidential use adjoins a single-family residential district or use, a minimum
six (6) foot tall wall shall be provided between the parking lot and residential lot.
i. Walls shall be constructed of brick or other masonry material compatible
with the front facade of the principal building as determined by the City.
Poured concrete with false brick design or plain concrete slag blocks are not
permitted.
ii. The City may approve a privacy fence where it is more compatible with
adjacent residential uses.
16. Noise. The use of any outdoor noise-producing device or public address system that
is deemed a nuisance to neighboring properties shall be prohibited.
SEC. 10.5 PARKING STRUCTURE DEVELOPMENT STANDARDS
It is intended that the provision of parking within structures or buildings shall serve to
increase the value and convenience of related development and to enhance, rather than
detract from, the appearance of the overall development. It is further intended that the
provision of such facilities shall not negatively impact the safety and security of the public.
All parking structures shall observe the layout, construction and maintenance requirements
of Section 10.5, plus the following additional standards:
1. Parking structures shall be considered a permitted use in the following zoning
districts: GC General Commercial, CB Central Business and I-2 Heavy Industrial. In
all other zoning districts a parking structure shall require special land use approval
(
Article 13
).
2. Parking structures shall be physically integrated into the overall design and
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functioning of the site, as well as the surrounding area. The exterior treatment of the
parking structure element of a building complex shall be substantially the same in
appearance to that of the main building element, and shall further be designed so
that all architectural and vehicular lighting is shielded or screened from view from
adjacent properties.
3. For storefront frontages, the ground floor shall have a minimum depth of 20 feet to
be occupied by active uses as permitted in the district. Elsewhere and above the first
story, parking structures are encouraged, but not required, to be lined on exterior
elevations by non-parking uses.
4. Access drives shall be permitted on the ground floor, provided they are collectively no
more than 25% of the frontage.
5. New parking structures shall be designed with an upper story minimum clear height
of 9’.
6. The development of parking structures shall be in accordance with safety and
security requirements established by the City.
SEC. 10.6 OFF-STREET LOADING AND UNLOADING
On the same premises with every building, structure, or part thereof, erected and occupied
for manufacturing, storage, warehouse goods, a wholesale store, a market, a hotel, a
hospital, a mortuary, or other uses similarly involving the receipt or distribution of vehicles,
materials or merchandise, there shall be provided and maintained on the lot adequate
space for standing, loading, and unloading services adjacent to the opening used for loading
and unloading in order to avoid interference with public use of the streets and alleys. Such
loading and unloading shall be provided in accordance with the following:
Gross Useable Floor
Area
Loading/Unloading Spaces Required
Up to 20,000 square
feet
One (1) space
20,001 to 100,000
square feet
One (1) space plus one (1) space for each additional 20,000 square feet of
excess over 20,000 square feet.
100,001 to 500,000
square feet
Five (5) spaces plus one (1) space for each 40,000 square feet over 100,000
square feet.
Over 500,000 square
feet
Fifteen (15) spaces plus one (1) space for each 80,000 square feet over
500,000 square feet.
1. All loading or unloading areas shall provide a minimum area of ten (10’) feet by fifty
(50’) feet with a height clearance of fourteen (14’) feet.
2. Loading and unloading areas shall be so located and designed that the vehicles
intended to use them can maneuver safely and conveniently to and from a public
right-of-way and complete loading and unloading operations without obstructing
or interfering with any public right-of-way or any parking space or parking lot
maneuvering lane or aisle. When required, loading and unloading areas shall be
designated and defined.
3. No area allocated to loading and unloading facilities may be used to satisfy the area
requirements for off-street parking, nor shall any portion of any off-street parking
area be used to satisfy the area requirements for loading and unloading facilities,
except as specifically authorized by this Ordinance.
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4. Unless otherwise specified, loading and unloading areas shall be provided only in
rear yards. Side yard loading may be permitted by the Planning Commission when it
is determined that such space and loading facilities would not interfere with parking
and circulation, either vehicular or pedestrian, or with abutting uses.
5. All loading and unloading areas shall be surfaced, drained, and otherwise developed
in accordance with the provisions applicable to off-street parking areas (
Section
10.5
).
6. Loading and unloading in the Central Business Zoning District shall be provided for
on a case by case basis, as determined necessary by the Planning Commission.
7. Overhead doors shall be considered as loading/unloading areas and shall not be
placed on the front of the building.
SEC. 10.7 ACCESS MANAGEMENT
A. DRIVEWAYS FOR RESIDENTIAL USES.
1. For any residential use, no driveway located in the front yard may exceed a width
greater than thirty-three (33%) percent of the entire lot frontage or twenty (20’) feet,
whichever is less. Driveways entering from the rear or side yard shall not be subject to
this requirement.
2. For new construction, no new drive may be constructed at the front yard of any
residential property if the property is currently accessible through the use of a public
alleyway. Such alleyway shall continue to function as the primary access to the site.
3. The new construction of horseshoe shaped driveways shall be prohibited.
B. NON-RESIDENTIAL DRIVEWAYS.
1. Non-residential driveways, entrances and exits shall be subject to approval
by the Road Commission of Macomb County and the Michigan Department of
Transportation, where applicable, and by the Planning Commission for applications
requiring site plan review after considering the effects on surrounding property,
pedestrian and vehicular traffic and the movement of emergency vehicles.
2. All non-residential sites shall be permitted one (1) access drive onto the abutting
public thoroughfare. Additional driveways may be permitted subject to special land
use approval by the Planning Commission.
a. The Planning Commission shall consider the request for special land use approval
after a traffic study has been submitted by the applicant which substantiates the
need for additional access drives.
b. Tapers and bypass lanes shall be required, as determined by the Planning
Commission. In making the determination as to whether or not additional access
drives are necessary, the Planning Commission shall consider the location of
driveways on adjacent sites and across the street, turning movements and traffic
volumes.
c. In the case of a corner lot or double frontage lot, the site shall be allowed the
permitted number of driveways on each roadway frontage.
C. GRATIOT AVENUE CORRIDOR OVERLAY ZONE.
1. INTENT.
a. The intent of the Gratiot Avenue Corridor Overlay Zone is to improve traffic
operations; reduce potential for crashes; improve pedestrian and transit
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environments; and preserve the vehicular carrying capacity of Gratiot Avenue
through regulations on the number, spacing, placement and design of access
points (driveways and intersections). 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.
b. Recognizing the existing built character and downtown land use characteristics
in Mount Clemens relative to those of other communities along the Gratiot
Avenue Corridor, this ordinance 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. The segment of Gratiot Avenue
within Mount Clemens splits into north bound and south bound components
referred to as "one-way pairs" which present unique traffic operations; therefore,
this ordinance places less emphasis on the spacing and offsets of access
from other driveways and greater emphasis on the design and placement of
driveways relative to other nearby access and intersections, especially signalized
intersections.
2. APPLICABILITY. This overlay zone shall apply to all land with frontage along Gratiot
Avenue, except for single-family homes, duplexes or essential service facility
structures. The following applications must comply with the standards in this
section.
a. 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%.
b. Land Division, Subdivision or Site Condominium. Any land division or subdivision
or site condominium development, including residential developments.
c. Change in Use or Intensity of Use. Any intensity of use as defined in Section 13.1.C.
(15.0130.C.), or any increase in vehicle trips generated.
3. ACCESS MANAGEMENT STANDARDS. The following regulations of this Section shall
be considered by the Planning Commission:
a. Compliance with Corridor Plan. Access shall generally be provided as shown in the
Gratiot Avenue Corridor Improvement Plan.
b. Number of Driveways. The number of resulting driveways shall be the fewest
necessary to provide reasonable access to the site. Each lot shall be permitted
one driveway, which may consist of an individual driveway, a shared access with
an adjacent use, or access via a service drive.
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c. Offsets and Spacing from Intersections. Driveways 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.
d. Spacing from Other Driveways on the Same Side of Gratiot. Driveways shall be
spaced/offset as far as practical from other driveways along Gratiot. A minimum
spacing of 150 feet is preferred.
e. Offsets from Driveways on the Opposite Side of Gratiot. Driveways shall be either
aligned with driveways on the opposite side of Gratiot or offset to the greatest
distance practical. Consideration for weaving across travel lanes shall be given,
especially where signalized intersections are present.
f. 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.
g. Shared Driveways. Where direct access consistent with the above regulations
cannot be achieved, access should be provided via a shared driveway or service
drive.
h. Access Design. Where practical given right-of-way constraints, driveways 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.
4. REVIEW PROCEDURE. It is recognized that certain existing site conditions may
prohibit full compliance with this Section. Modifications to the standards herein may
be permitted by the Planning Commission according to the following procedure:
a. Submittal Information. Along with any other required information, developments
subject to review according to this Section shall submit:
i. Detailed information showing nearby intersections; existing driveways on
adjacent sites; proposed driveways; changes to existing access; and any
information requested by the City necessary to review site access.
ii. The Planning Commission may require submittal of a traffic impact report,
prepared by a qualified traffic engineer, to verify the need for additional
driveways or to justify a modification.
b. Allowed Modifications. The Planning Commission may, after considering the
criteria in #3 below, modify the standards of this Section in the following
situations:
i. The modification will allow an existing driveway to remain that does not
meet the standards of this Section but that has, or is expected to have very
low traffic volumes (less than 50 in- and out-bound trips per day) and is not
expected to significantly impact safe traffic operations.
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ii. The use is expected to generate a relatively high number of trips and an
additional driveway will improve overall traffic operations.
iii. Practical difficulties exist on the site that make compliance unreasonable
(sight distance limitations, existing development, topography, unique site
configuration or shape), or existing off-site driveways make it impractical to
fully comply with the standards.
iv. Because of restricted turning movements or presence of a median that
restricts turning movements, the driveway does not contribute to congestion
or an unsafe situation.
c. Modification Criteria. The Planning Commission may waive certain requirements
of this Section upon consideration of the following:
i. The proposed modification is consistent with the general intent of the
standards of this overlay zone, the recommendations of the Gratiot Avenue
Corridor Improvement Plan, and published MDOT guidelines.
ii. MDOT staff endorse the proposed access design.
iii. Driveway geometrics have been improved to the extent practical to reduce
impacts on traffic flow.
iv. Shared access has been provided, or the applicant has demonstrated it is not
practical.
v. 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.
SEC. 10.8 BICYCLE PARKING
A. Intent. The intent of this section is to provide adequate and safe facilities for the
temporary placement and use of bicycles. This section is intended to specify the required
type, number, and location of bicycle parking spaces on a site. The regulations and
requirements are designed to promote and encourage the safety and general welfare of
the community by:
1. Promoting an alternative and energy-efficient mode of transportation.
2. Encouraging a healthy lifestyle by promoting and accommodating the use of bicycles.
3. Providing adequate and safe facilities for the temporary placement of bicycles.
B. Applicability.
1. Bicycle parking shall be provided for any new building constructed after the effective
date of this section. After the effective date of this section, bicycle parking shall also
be provided on all sites when an addition to an existing building is constructed that
results in the need for additional motor vehicle parking spaces or for any change in
the use of a building that results in the need for additional motor vehicle parking
spaces.
2. This section does not prohibit the voluntary installation of bicycle parking that
conforms to the requirements set forth in this section.
3. Except as otherwise required, a bicycle parking area shall be treated in a similar
manner as required motor vehicle parking area.
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C. Exceptions. Bicycle parking shall be required for all uses, with the exception of one- and
two-family residential uses.
D. Location.
1. A bicycle parking area shall be located such that it is visible, safe, and convenient
with adequate lighting provided.
2. Bicycle parking areas shall be located to maximize accessibility to building
entrances.
E. Design criteria and dimensions. Bicycle parking racks and lockers are encouraged to be
unique in design and appearance; however, the bicycle parking area shall be functional,
operational, and shall provide for the following:
1. A bicycle rack, bicycle locker, or functionally equivalent structures shall be used to
secure a bicycle.
2. Bicycle parking areas incorporating the standard inverted "U" shaped bicycle rack, or
functionally equivalent structure, shall have the following dimensions:
a. The minimum height of the bicycle rack shall be thirty-six (36) inches from the
base to the top of the rack.
b. The minimum length for the bicycle rack shall be two feet.
3. A bicycle rack shall accommodate at least two bicycles.
4. The exterior surface of bicycle racks and bicycle lockers shall be non-abrasive, non-
marring, and durable.
5. The bicycle parking area shall be constructed with adequate space to allow operation
of the locking mechanism and each bicycle parking space shall be easily accessible.
A bicycle parking area shall not interfere with any designated pedestrian sidewalk or
pathway, required vehicle parking spaces or vehicle maneuvering lanes, and shall not
eliminate any required landscape area.
6. The bicycle parking rack shall be installed so that the rack supports the bicycle in
an upright position and allows for the bicycle frame and front wheel to be securely
locked.
7. The bicycle parking area shall be hard surfaced with material such as asphalt,
concrete, or a brick paving system and shall be adequately maintained and kept free
of mud, dust, ice, and snow.
8. The bicycle racks, bicycle lockers or functionally equivalent structures must be
securely anchored.
9. Up to one-half (1/2) of the required bicycle parking spaces on the site may be located
inside of a building.
F. Shared bicycle parking facilities. For sites containing multiple uses or tenants, a single
bicycle parking area may be provided as long as the total number of bicycle parking
spaces provided is not less than the sum of all of the separate uses combined.
1. Bicycle parking requirements. Unless otherwise provided, one bicycle parking space
shall be provided for every ten motor vehicle parking spaces required. The minimum
number of bicycle parking spaces provided shall not be less than two. The maximum
number of bicycle parking spaces shall not exceed fifty (50).
2. Reduction of required motor vehicle parking spaces. The number of required motor
vehicle parking spaces on a site may be reduced by one motor vehicle parking
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space for every two bicycle parking spaces installed on a site in compliance with
this section. Motor vehicle parking spaces may not be reduced by more than ten (10)
percent of the total number of required motor vehicle parking spaces.
G. Waiver. An individual may submit a written request to the Community Development
Director, or designee, for a waiver from the requirements of this section. The request shall
state the reason(s) for the waiver and contain any other applicable information related to
the waiver. In making a determination regarding a waiver the Community Development
Director, or designee, may consider characteristics of the site including the type of use,
site layout (accessibility, maneuverability, design, and other related elements), or unique
circumstances
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City of Mount Clemens Zoning Ordinance
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ARTICLE 11
SITE PLAN REVIEW AND APPROVAL
11
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SEC. 11.1 STATEMENT OF PURPOSE
A. Site plan review provides the City with an opportunity to review the proposed use of a site
in relation to all applicable provisions of the Zoning Ordinance and City planning policy.
Site plan review also provides the City with an opportunity to review the relationship of
the plan to surrounding uses, accessibility, pedestrian and vehicular circulation, off-
street parking, public utilities, drainage, natural features, screening, and other relevant
factors which may have an impact on the public health, safety and general welfare.
B. It is further the intent of this Article to require the eventual upgrade of existing sites that
do not conform with current standards of this Article and ensure that the arrangement,
location, design and materials within a site are consistent with the character of the City
and the goals in the City of Mount Clemens Master Plan.
SEC. 11.2 USES REQUIRING SITE PLAN REVIEW
A. Site plan and sketch plan reviews and approvals shall be required for the activities or
uses listed in
Table 11.2.
B. Approvals are obtained from the Planning Commission (PC), City Commission (CC),
Community Development Department (Admin) depending upon the nature of the
proposed construction or use. Certain activities and uses may require review and
approval from the City Engineer as it relates to civil infrastructure, water, sewer, and
utility systems. The Community Development Department reserves the right to refer any
construction or use requiring Administrative Approval to the Planning Commission for
additional review.
C. Where City Commission approval is required, it shall be based upon the recommendation
of the Planning Commission. Where the Ordinance allows the City to grant modifications
or waivers to a specific requirement, the approval authority shall be the body with the
authority to grant the associated modification or waiver, based upon the standards
provided in that section. Variances may only be granted by the Zoning Board of Appeals
(ZBA).
D. Activities and uses that are exempt from site plan/sketch plan approval still require
a building permit. All construction or building modification is subject to City building
permit requirements of the Community Development Department in accordance with
Article 15.
E. Improvements to nonconforming sites, structures and uses are also subject to review
according to
Article 14
, Nonconforming.
Table 11.2 Plan Review Requirements
Activity/Use Site Plan
Sketch
Plan
Building
Permit
New Construction
Construction of any building or structure for a non-
residential use
PC
--- ---
Multiple-family dwellings, attached single-family
dwellings
PC
--- ---
Public utility or essential service buildings or structures
(see
Section 8.10
)
PC
--- ---
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Table 11.2 Plan Review Requirements
Activity/Use Site Plan
Sketch
Plan
Building
Permit
Establishment of a new special land use (whether in an
existing structure or a new construction) (see
Article 13
)
PC
--- ---
Planned Unit Development (Preliminary see
Article 12
) CC - with PC
recommendation
Planned Unit Development (Final Site Plans see
Article
12
)
PC
Construction, reconstruction, erection and/or expansion
of a single-family or two-family dwelling on a single lot
or parcel
Admin
Wireless communication facility (new or change)
Section 8.13
--- ---
Wind Energy Conversion Systems (WECS)
Section 8.12
Expansion/Modification to Existing Building
Expansion of more than 2,500 sq. ft. or 25% from the
existing square footage of a non-residential building,
whichever is greater
PC
--- ---
Expansion of less than 2,500 sq. ft. or 25% from the
existing square footage of the building, whichever is
greater (see
Section 15.3
)
---
Admin ---
Addition of truck docks, loading or storage areas less
than 3,000 sq ft. or 25% of the existing area, whichever is
greater
---
Admin ---
Construction solely on the building interior that does
not increase UFA
---
--- Admin
Modifications to building façade (see
Section 15.3
) ---
Admin ---
Expansion/intensification of a special land use by more
than 25% (see
Section 13.5
for specific thresholds)
PC
Expansion/intensification of a special land use by less
than 25% (see
Section 13.5
for specific thresholds)
Admin
Expansion to existing long-term parking facility PC
--- ---
Change in Use
Change of land or building to a more intensive use,
as determined by the Zoning Administrator, that may
involve substantial change in parking, traffic flow, hours
of operation, public services, effluent discharge, or
substantial alteration of the physical character of the
site, such as loss of natural features (see
Section 15.3
)
---
Admin ---
Reuse or reoccupancy of an existing building where no
building expansion is proposed only if the Building and
Safety Director determines the new use is similar or
less intense use in terms of parking, traffic generation,
drainage, utility needs, noise, aesthetics and other
external effects (
see Section 15.3
)
--- --- Admin
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Table 11.2 Plan Review Requirements
Activity/Use Site Plan
Sketch
Plan
Building
Permit
Change in use of an existing building to a special land
use (see
Article 13
)
--- PC -Site
Plan
The following uses when requiring a special land use as
accessory to a single-family residence:
-adult foster care small group homes, group child or day
care homes
--- PC -Site
Plan
---
Accessory Structures and Site Improvements
Non-residential accessory structures --- Admin ---
New parking lot, loading area or storage area of more
than 3,000 sq. ft., or improvements or expansion of an
existing area of more than 3,000 sq. ft. or 25% of the
existing area, whichever is greater
PC --- ---
Improvements or expansion to an existing parking lot,
loading area or storage area of less than 3,000 sq. ft. or
25% of the existing area, whichever is greater
--- Admin ---
New driveway for a nonresidential use Admin ---
Residential community buildings and facilities as part
of a development
PC --- ---
Commercial outdoor storage, sales and display PC --- ---
Outdoor storage of trucks, trailers, raw materials,
supplies, equipment and products occupying an area
of more than 3,000 sq. ft., or 25% of the existing area,
whichever is greater
PC --- ---
Outdoor storage of trucks, trailers, raw materials,
supplies, equipment and products occupying an area
of less than 3,000 sq. ft., or 25% of the existing area,
whichever is greater
--- Admin ---
New accessory parking lot/loading area of 10 spaces or
more or addition of more than 3,000 sq. ft. or 25% of the
existing area of pavement to an existing parking lot or
addition of a new driveway for a non-residential use (see
Section 10.3
)
PC --- ---
Improvements or expansion to an existing parking lot
of 10 or fewer new spaces, or less than 3,000 sq. ft. of
pavement
--- Admin ---
Construction, relocation or erection of signs, retaining
walls, fences, walls, waste receptacles, sidewalks,
antennas, lights, poles, cooling/heating or other
mechanical equipment
---
--- Admin
Modifications to comply with accessibility requirements ---
--- Admin
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Table 11.2 Plan Review Requirements
Activity/Use Site Plan
Sketch
Plan
Building
Permit
Buildings and structures accessory to a single-family or
two-family dwelling in any zoning district
---
--- Admin
Stormwater detention/retention ponds ---
Admin ---
Grading, excavation, filling, soil removal or tree clearing
over 1,000 square feet not associated with an approved
site plan or plat
---
Admin ---
Removal or replaced of landscaping
Admin
Temporary Uses
Temporary uses, buildings, structures, and seasonal and
special events ( See
Section 8.14)
--- Admin
SEC. 11.3 SITE PLAN AND SKETCH PLAN REVIEW PROCEDURES
Site plans and sketch plans must be submitted in accordance with the following procedures
and requirements:
A. Optional Conceptual Review. The applicant has the option to meet with the Community
Development Department or Planning Commission at a regularly scheduled meeting to
present a conceptual site plan. The purpose of this meeting is to allow the applicant to
introduce the site plan concept and receive comments or direction from the Planning
Commission on the site plan or the need for additional material to evaluate the impacts
of the use, such as a traffic or environmental studies. No formal action shall be taken.
The applicant shall submit the following information in accordance with the review
schedule and procedures adopted by the Planning Commission:
1. Application form;
2. Conceptual review fee;
3. The name and address of the owner and any designated representative of the owner;
4. Written description of the proposed use;
5. Conceptual site plan, illustrating existing site features, lot dimensions, general
footprints for proposed buildings and parking, and relationship to adjacent land
uses; and,
6. A location map.
B. Application Submittal. The application shall be submitted by the owner of an interest
in the land for which site plan approval is sought, or the designated agent of the owner,
or with a statement signed by the owner granting permission from the property owner
for the application. The Site Plan Review Application shall be furnished in the number of
copies required by the City. The application shall include the following:
1. Proof of ownership;
2. A written use statement;
3. The required fee, as established by the City Commission; and
4. A complete signed and sealed site plan that includes the information required by
Section 11.4
.
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C. Administrative Review
1.
Technical Reviews.
The Community Development Department shall forward the
application and site plan/sketch plan to applicable departments for technical review.
2.
Revised Plan.
Following the technical review, the applicant shall revise the site/
sketch plan as necessary and provide revised plans with a letter describing all
changes for follow-up review.
3.
Administrative Approval
a. Sketch Plans for Administrative Approval. For sketch plans and other types of
applications that require administrative approval under
Table 11.02
, the sketch
plans shall be approved by the Community Development Department once they
are found to be in compliance with the requirements of the Zoning Ordinance
and other applicable ordinances. Once approved by the Community Development
Department, the process shall follow the requirements of subsections below.
b. Site Plans for Planning Commission Review. For applications, site/sketch plans
that require Planning Commission or City Commission approval, once the plans
are in compliance with the requirements of the Zoning Ordinance and other
applicable ordinances, the plans shall be forwarded to the Planning Commission
for consideration under subsection (c) below.
D. Planning Commission Review – Site Plans
1.
Application and Review.
Following the Community Development Department review,
site plans requiring Planning Commission or Commission approval shall be placed
on the agenda of the Planning Commission. The Planning Commission shall review
the application, together with the reports and recommendations from the Community
Development Department and other reviewing departments and agencies, below, as
appropriate.
a. Macomb County Department of Roads or Michigan Department of Transportation.
b. Macomb County Public Works Commissioner.
c. Macomb County Health Department.
d. Fire Department.
e. Community Development Department.
f. Assessor’s Office (Check legal description).
g. City Engineer.
h. City Attorney.
2. Planning Commission Action.
a. The Planning Commission shall make a determination based on the requirements
and standards of this Ordinance.
b. Where existing nonconforming conditions prevent compliance with these
requirements and standards, the Planning Commission may allow reasonable
modifications in accordance with
Article 14, Nonconforming.
c. The Planning Commission may take action to postpone a decision, approve,
approve with conditions, or deny approval of the application.
d. If approved, any conditions shall be made part of the motion to approve and
documented in the Planning Commission’s minutes, a copy of which shall be
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provided to the applicant.
e. Approval of the site plan (as submitted, or with additions, corrections, or
alterations) by the Planning Commission shall satisfy the requirements of this
Zoning Ordinance for the issuance of a zoning compliance permit. It shall not,
however, exempt the petitioner from compliance with other City ordinances.
E. City Commission Approval –PUDs. Certain uses such as PUDs shall require City
Commission approval, as noted in
Table 11.2
. For these uses, the Planning Commission
shall hold a public hearing and forward a recommendation for approval, approval with
conditions, or denial to the City Commission.
F. Final Approval of Conditionally Approved Site Plan. The site plan shall be revised
to reflect any conditions of approval imposed by the Planning Commission or City
Commission and submitted to the Planning Department, accompanied by a letter
describing all changes. The Community Development Department shall review the
revised plans for compliance with conditions of site plan approval. The Community
Development Director may grant final approval if the he/she finds the site plan to
properly address the required revisions and conditions and otherwise complies with
this Ordinance. Copies of the approved site plan will be filed with the Community
Development Department and the Public Services Department and transmitted to
applicant.
G. Agency Approvals. The applicant shall obtain all other necessary agency permits from
the Michigan Department of Environmental Quality, the Macomb County Office of
Public Works, Macomb County Health Department, and all applicable utilities. Copies
of applications for all applicable outside agencies shall accompany submission of
the application and site plan to the City and approvals shall be obtained prior to the
issuance of building permits, and before any substantial development activity takes
place.
H. Engineering Review. Following Planning Commission or administrative approval of a site
plan or sketch plan, the City Engineer shall make a full review of the engineering plans. A
building permit shall not be issued without the approval of the City Engineer.
I. Building Permit. An application for a building permit may be submitted following final
approval of the site plan, or sketch plan and engineering plans by the City Engineer. The
applicant is responsible for obtaining all other applicable City, County, or State permits
before a building permit is received.
J. As-Built Drawings. Digital files submitted to the City shall be compatible with the City’s
geographic information system software (ArcGIS). Acceptable data formats are ESRI
shapefiles (desired), DXF, or DWG. Digital files shall contain information which references
either government corners or existing public right-of-way intersections in distance
and direction from the project area. All digital files will be created at a one to one (1:1)
scale. Feature or element information within the digital files shall be isolated by both
feature groups (files) and layers / levels to meet the City’s level specification. Any other
information provided within the digital files shall be layer isolated from data included
in the City’s specification and shall include a written description of both the layer name
and the information contained on the layer(s). Digital information provided to the City
shall be delivered in a format compatible with the Microsoft Windows operating system.
Acceptable delivery media shall be RW-CD.
K. Expiration of Approved Site Plan. If construction has not commenced within twelve
(12) months of site plan/sketch plan approval, approval becomes null and void and a
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new application for site plan review shall be required. If approval is not extended before
expiration of the twelve (12) month period, then a new application and a new approval
shall be required before a building permit may be issued. An extension may be granted
for up to twenty-four (24) months. No more than one (1) extension shall be granted for
any project. Planning Commission approval shall be required to extend site plans and
Community Development Director approval shall be required to extend sketch plans.
L. Property Maintenance. The owner of a property shall be responsible for maintaining the
property on a continuing basis as required by the approved site plan until the property
is razed, until new zoning regulations supersede the regulations upon which site
approval was based, or until a new site plan approval is sought. Any physical changes
to the site shall require approval of the City under the requirements of this Ordinance.
This maintenance requirement includes healthy landscaping, walls, fences, pavement,
pavement markings, signs, building exterior, drainage facilities and all other elements
of a site. Any property owner who fails to maintain a property in compliance with an
approved site plan shall be deemed in violation of this Ordinance and a nuisance per se.
M. Performance bonds. The Planning Commission may require a cash deposit or irrevocable
bank letter of credit acceptable to the City, covering the estimated cost of improvements
associated with a project for which the site plan approval is sought, be deposited with
the Clerk of the City to ensure faithful completion of the improvements. The performance
guarantee shall be deposited at the time of the issuance of the permit authorizing the
activity or project.
N. Appeals. An applicant for a site plan approval may appeal the decision or absence of a
decision of the Planning Commission to the City Zoning Board of Appeals.
SEC. 11.4 SUBMITTAL REQUIREMENTS
The Site Plan Review Application shall be furnished in the number of copies required by the
City, together with the same number of site plans, building drawings and required review
fees. The following data shall be included with and as part of the site plan(s) or sketch
plan(s) submitted for review unless waived by Community Development Department. Any
and all waivers shall be recorded in the technical review including reasons for such waiver.
If any of the items are missing and have not been waived by the Community Development
Department, the site plan shall list each missing item and the reason(s) why each listed
item is not considered applicable. The Community Development Department may require
that additional data be included with the site plan(s) or sketch plan(s) where determined
necessary by the nature of the proposed use or site conditions. Site plans shall be prepared
by a professional engineer or registered architect licensed to practice in the State of
Michigan.
Table 11.4 Site Plan Requirements
Site Plan Data
Required For
Site
Plan
Sketch
Plan
A. Application Form: The application form provided by the Community Development Department
shall be completed in full with the following information:
Name and address of the applicant and property owner X X
Address, common description of property, complete legal description, and Sidwell
number
X X
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Table 11.4 Site Plan Requirements
Site Plan Data
Required For
Site
Plan
Sketch
Plan
Dimensions of land and total net and gross acreage X X
Zoning on the site X X
Description of proposed project or use, type of building or structures, and name
of proposed development, if applicable
X X
Description of proposed use(s) as permitted or special land use(s), including any
demolition of existing structures
X X
Name and address of firm or individual who prepared site plan X X
Proof of property ownership X X
A cover letter, signed by the owner and prospective developer holding an
equitable interest in the property, including a general description and estimated
timetable of the development.
X X
B. Site Plan Descriptive and Identification Data:
The site plan shall be drawn to a scale of 1 inch = 20 feet. The Planning
Commission may accept other scales based on a large (or small) site area which
can more clearly be presented at an alternative scale.
X X
Sheet size shall be at least 24 x 36 inches, collated according to sheet number
and folded to a size of 9 x 12 inches. If a large development is shown in sections
on multiple sheets, then one overall composite sheet shall be included
Title block with sheet number/title; name, address and telephone number of
the applicant and firm or individual who prepared the plans; and date(s) of
submission and any revisions (month, day, year)
X X
Scale and north arrow X X
Location map drawn to a separate scale with north arrow, showing surrounding
land, property lines, zoning and streets within a mile
X -
Legal and common description of property and acreage X X
Identification and signature over the seal of the architect or engineer who
prepared drawings
X -
Zoning classification of petitioner’s parcel and all abutting parcels X X
Proximity to section corner and major arterials X -
Net acreage (minus rights-of-way) and total acreage X X
Notation that says, çNot to be Used as Construction Drawingç X X
Use statement including the proposed number of employees and hours of
operation
X X
Aerial photograph showing the site and all areas within 150 feet of the site, with
an outline of the site plan overlaid on top to scale
X X
Date and/or revision dates X X
The plan shall include a note indicating that all State and Federal requirements
(including the Americans with Disabilities Act and all State Handicap
Accessibility standards) shall be complied with as part of the development.
X X
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Table 11.4 Site Plan Requirements
Site Plan Data
Required For
Site
Plan
Sketch
Plan
C. Site Data:
Existing lot lines, building lines, structures, parking areas and other
improvements on the site and within 100 feet of the site
X X
Building footprints, floor plans and floor areas X X
Topography at two (2) foot contours or five (5) foot contour intervals in areas of
extreme topography (existing and proposed). Grade shots at building corners,
property lines, and for the parking lot and street may be substituted on small site
plans.
X -
Proposed lot lines, lot dimensions, property lines, setback dimensions,
structures, and other improvements on the site and within 100 feet of the site
X X
Location of existing drainage courses, wetlands, lakes, streams, and floodplains
with elevations
X -
All existing and proposed easements X X
Location of waste receptacle(s) and transformer pad(s) and method of screening X X
Extent of any outdoor sales display or storage area X X
Location, height, and outside dimensions of all storage areas and facilities X X
Location, size, height and method of shielding for all site and building lighting X -
Lighting plan with details for light fixtures on the lighting plans and a
photometric plan showing light intensities on the site
X X
Project phasing, if proposed X -
D. Access and Circulation:
Existing and planned right-of-way for all streets X X
Dimensions, curve radii and centerlines of existing and proposed access points,
roads and road rights-of-way or access easements within 100 feet of the site
X -
Opposing driveways and intersections within 250 feet of site X -
Location and cross section details of proposed roads, driveways, parking lots,
sidewalks and non-motorized paths illustrating materials and thickness
X -
Dimensions of acceleration, deceleration, and passing lanes X -
Dimensions of parking spaces including barrier free, islands, circulation aisles
and loading zones (including loading dock/door orientation and screening)
X X
Dimension and location of all clear vision areas X X
Calculations for required number of parking, stacking and loading spaces X X
Shared parking and access easements, if shared parking or access is proposed X X
Private road maintenance agreement, if a private road is proposed X -
Designation of fire lanes X X
Details of traffic regulatory signs, pavement markings and curbing X -
Truck circulation plan showing turning templates for trucks and emergency
vehicles
X -
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Table 11.4 Site Plan Requirements
Site Plan Data
Required For
Site
Plan
Sketch
Plan
Location of existing and proposed sidewalks/pathways X X
Location, dimension and cross-section of sidewalks X X
E. Landscape Plans:
Existing woodlands being preserved X X
Whenever a tree or group of trees of three (3ç) inch caliper or greater is to be
removed as part of the planned improvements, its or their location shall be
shown on the site plan in dotted outline and noted çto be removed.ç
X X
All landscaping installation and maintenance notes, indicating compliance with
the requirements of
Article 9
X -
Calculations of all landscape requirements, as set forth in
Article 9
X -
Details of the proposed irrigation system X -
Description of methods to preserve existing landscaping, including fence details X -
The location of existing and proposed lawns and landscaped areas X X
Landscape plan, including location and type of all existing and proposed shrubs,
trees, and other live plant material
X X
Location, size, height and material of construction for all obscuring wall(s) or
berm(s) with cross-sections
X X
Vertical and horizontal cross sections at the same scale showing all buffer zones X -
Planting list for proposed landscape materials with caliper size or height of
material, method of installation, botanical and common names, and quantity
X X
Site irrigation (sprinklers). Indicate all areas to be irrigated. X
Approximate dates of plant installation X -
F. Building and Structure Details:
Building elevations for all facades, along with photos or color renderings of the
building; elevation drawings shall indicate the height of building, materials,
colors, architectural quality, including cross-sections and details of any proposed
rooftop equipment and screening
X -
Location, height, and outside dimensions of all proposed buildings or structures X X
Dimensioned building floor plans and total and usable floor area calculations X -
Details on accessory structures and any screening X -
Location, size, height, and lighting of all proposed site and wall signs X X
Description of exterior building materials and colors (samples may be required
by the Community Development Department)
X -
Sign base, location and size X X
G. Information Concerning Existing and Proposed Utilities, Drainage and Related Issues:
Location of sanitary sewers and septic systems X -
Location and size of water mains, well sites, water service, storm sewers loads,
and fire hydrants
X -
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Table 11.4 Site Plan Requirements
Site Plan Data
Required For
Site
Plan
Sketch
Plan
Indication of site grading, drainage patterns and other stormwater management
measures
X X
Soil borings, locations and summary report data shall be shown where soil
quality may be in question.
X X
Stormwater retention and detention ponds, including grading, side slopes, depth,
high water elevation, volume and outfalls with calculations
X X
Location and size of underground storm sewers and drains X X
Location of above and below ground gas, electric and telephone lines X -
Location of transformers and utility boxes X -
Locations, description and quantities of hazardous materials to be stored on the
site and details for best management practices, such as secondary containment
X -
H. Additional information required for Residential Development
The number and location of each type of residential unit (one bedroom units, two
bedroom units, etc.)
X -
Density calculations by type of residential unit (dwelling units per acre) X -
Garage or carport locations and details, if proposed X -
Location and design of mailbox clusters X -
Location, dimensions, floor plans and elevations of common building(s) (e.g.,
recreation, laundry, etc.), if applicable
X -
Swimming pool fencing detail, including height and type of fence, if applicable X -
Location and size of recreation and open space areas X -
Indication of type of recreation facilities proposed for recreation area X -
Description of any performance, site and/or noise impacts X -
I. Additional Information. The City Planning Commission and/or the Community
Development Department may also require additional information where the particular
circumstances reasonably warrant their inclusion; such as flooding data, traffic analysis,
or other similar data.
SEC. 11.5 SITE PLANS REVIEW STANDARDS
A site plan or sketch plan shall be approved if it contains the information required by the
Zoning Ordinance and is in compliance with the conditions imposed under the Zoning
Ordinance, other statutorily authorized and properly adopted City planning documents, other
applicable ordinances, and state and federal statutes, as outlined below:
A. ADEQUACY OF INFORMATION. The site plan shall include all required information in a
sufficiently complete and understandable form to provide an accurate description of the
proposed use(s) and structure(s).
B. RELATIONSHIP TO SURROUNDING PROPERTY. All site development features shall be
arranged to minimize the potential for negatively impacting surrounding property or
may have an effect upon the public health, safety, morals, and general welfare and its
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relationship and harmony with the adopted City Ordinance and Plans. In making this
determination, the Planning Commission shall review the plan for negative conditions
such as, but not limited to:
1. Location of the principal building or buildings and any accessory buildings or uses.
2. Channeling excessive traffic onto local residential streets.
3. The lack of adequate screening of parking or service areas.
4. The impediments to the access of emergency vehicles.
5. Site drainage characteristics
6. The accumulation of litter, production of noise, light, smoke, fumes, or the piling of
snow.
C. BUILDINGS AND SITE
1. Buildings. Buildings and structures shall meet the minimum dimensional
requirements of this Ordinance. Redevelopment of nonconforming structures
shall bring the site into closer conformity to the extent deemed practical by the
City. Expansions to nonconforming buildings shall be as provided for in
Article 14,
Nonconforming.
2. Privacy. The site design shall provide reasonable visual and sound privacy for
dwelling units located adjacent to the site. Walls, berms, barriers and landscaping
shall be used, as appropriate, for the protection and enhancement of property and the
privacy of adjacent uses.
3. Exterior Lighting. Exterior lighting shall be designed so that it is deflected away from
adjacent properties and so that it does not impede the vision of drivers on public
streets.
4. Relationship to natural features. All buildings, driveways, parking lots and site
improvements shall be designed to be compatible with the physical characteristics
of the site, including, but not limited to, woodlands, wetlands, slopes, floodplains
and soil suitability. The proposed development shall not needlessly have an adverse
impact on the natural environment of the site or the surrounding area.
5. Landscaping. The Planning Commission may require further landscaping,
fences, walls and berms pursuant to the objectives of this Ordinance, and such
improvements shall be provided and maintained as a condition of the establishment
and the continued maintenance of any use to which they are appurtenant.
6. Hazardous Materials. Sites that include storage of hazardous materials or waste,
fuels, salt, or chemicals shall be designed to prevent spills and discharges of
polluting materials to the surface of the ground, groundwater, or nearby surface
water bodies. These areas shall be designed to meet all applicable state and federal
regulations and incorporate basic management practices for the handling of
hazardous materials. Uses that involve the storage of large quantities of hazardous
or combustible materials shall be located and designed to ensure no threat to nearby
uses and residents is present.
7. Site development. During development, building, renovating or razing operations,
the developer shall erect and maintain suitable protective barriers around the drip
line of all trees specified to be maintained so as to prevent damage to said trees
and shall not allow storage of equipment, materials, debris or fill to be placed in this
preservation area.
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8. Site Redevelopment. Redevelopment of existing sites shall conform to the site
improvement provisions of this Ordinance to the extent deemed practical by the
Planning Commission. The extent of upgrade to site improvements shall be relative to
and proportionate with the extent of redevelopment or expansion in accordance with
the nonconforming site requirements of
Section 14.4
.
D. INFRASTRUCTURE. The Planning Commission shall consider the City Engineer’s
evaluation of the adequacy of public or private utilities proposed to serve the site,
including water, sanitary sewers and stormwater management.
1. Drainage. Stormwater management systems and facilities shall preserve natural
drainage characteristics and enhance the aesthetics of the site to the maximum
extent possible, and shall not substantially reduce or increase the natural retention
or storage capacity of any wetland, water body, or water course, or cause alterations
which could increase flooding or water pollution on or off the site.
2. Soil Erosion. Measures shall be included to prevent soil erosion and sedimentation.
3. Public Services. The scale and design of the proposed development shall facilitate
the adequate provision of services currently furnished by or that may be required of
the City or other public agency including, but not limited to, fire and police protection,
stormwater management, sanitary sewage removal and treatment, traffic control,
and administrative services.
E. ACCESS AND CIRCULATION
1. Ingress and Egress. Every structure and dwelling unit shall be provided with
adequate means of ingress and egress via public streets and walkways. Access to
the site shall be located and designed to ensure minimal impact on the safety and
efficiency of traffic flow along all adjoining roadways.
2. Emergency Vehicle Access. All buildings and site circulation shall be arranged to
permit emergency vehicle access by practicable means to all buildings and areas
of the site. Vehicle circulation shall meet turning radius requirements set by the
Fire Department. Fire lanes shall be designated on the site and posted with signage
by the developer/property owner at the developer’s/property owner’s expense
prior to occupancy. Fire hydrants, fire suppression systems, fire detection, and fire
extinguishers shall be provided as required by the Fire Department.
3. Vehicular Circulation Layout. The arrangement of public or common ways for
vehicular and pedestrian circulation shall respect the pattern of existing or planned
streets and pedestrian pathways in the area. Public streets adjacent or through
the proposed development shall be required when it is essential to promoting and
protecting public health, safety and general welfare and to provide continuity to the
public road system.
4. Vehicular access. The location and design of driveways providing vehicular access
to the site shall be arranged to promote the safety and convenience of vehicles
and pedestrians and to provide access in a manner that promotes proper internal
circulation. The Planning Commission shall require public streets adjacent or
through a proposed development, when it is necessary for the public health, safety
and welfare, and/or provide continuity to the public road system. In those instances
where the Planning Commission determines that there are an excessive number of
curb-cuts in relation to abutting public roads, thereby diminishing the capacity of the
road or creating excessive points of conflict, a reduction in the number of driveways
shall be required. For a narrow frontage which will require a single outlet, the Planning
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Commission may require that money be placed in escrow with the City so as to
provide for a marginal service drive equal in length to the frontage of the property
involved. Occupancy permits shall not be issued until the improvement is physically
provided or monies have been deposited with the City.
5. Pedestrian Circulation. The site plan shall provide a pedestrian circulation system
which is insulated as completely as is reasonably possible from the vehicular
circulation system.
6. Traffic Impact. The expected volume of traffic to be generated by the proposed use
shall not adversely affect existing roads and traffic patterns. Roadway access shall
minimize excessive vehicle traffic on local residential streets to reduce the possibility
of any adverse effects upon adjacent property. A transportation impact study as
described in
Section 8.15
may be required where the trip thresholds noted in that
section are met to help determine compliance with this standard.
SEC. 11.6 AMENDED PLANS
A. Minor Changes
1. Prior to making any change to an approved site plan/sketch plan the applicant or
property owner shall notify the Community Development Director of any desired
change. The Community Development Director shall review the request and
determine whether the requested change is minor or major. The following shall be
considered minor changes:
a. Movement of a building or buildings by no more than five (5) feet, provided all
setback, parking, landscaping and other site requirements are still met.
b. Plantings approved in the landscape plan may be replaced by similar types and
sizes of landscaping which provides a similar screening effect on an equal or
greater basis.
c. Trees to be preserved that were damaged or lost during construction may be
replaced by trees of a similar species, with two (2) new trees required for each tree
replaced.
d. Improvements to site access or circulation, such as deceleration lanes,
boulevards, curbing, pedestrian/bicycle paths, but not the addition of new
driveways.
e. Changes of building materials to another of higher quality, as determined by the
Building and Safety Director.
f. Changes in interior floor plans which do not alter the character of the use.
g. Slight modification of sign placement or reduction of size.
h. Changes required or requested by the City, County, State or Federal agency for
safety reasons or for compliance with applicable laws.
i. Revisions that do not alter the basic design, compliance with the standards of
approval, nor any specified conditions of the approved site plan.
j. Situations the Building Inspector deems similar to the above.
2. Minor changes to an approved site plan may be approved by the Community
Development Director.
B. Major Changes. All other changes not considered minor shall be considered a major
change requiring a new application for site plan review.
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City of Mount Clemens Zoning Ordinance
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ARTICLE 12
PLANNED UNIT DEVELOPMENTS (PUD)
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SEC. 12.1 PURPOSE AND INTENT
The Planned Unit Development (PUD) concept is intended to provide a greater degree of
flexibility in the regulation of land development and the arrangement of uses. Through this
option, more creative approaches to development can be utilized which take advantage of
the special characteristics of the land, which would otherwise not be possible through the
strict enforcement of the Ordinance. The specific objectives of this article are to:
1. Encourage innovation in land use and creative reuse or redevelopment; variety in
design, layout and type of structures constructed; while preserving the intent and
integrity of the City Master Plan.
2. Achieve economy and efficiency in the use of land, natural resources, energy, and the
provision of public services and utilities.
3. Encourage the provision of useful open space.
4. Permit flexibility in the placement, lot area, uses, and building type regulations, while
assuring the application of sound site planning standards.
Three types of overlay PUDs are provided in this article: General PUD, Railroad PUD, and
Riverfront PUD. Each type is required to meet the Qualifying Conditions in
Section 12.2
and standards of
Section 12.3
, which apply simultaneously, or replace, standards of the
underlying zoning district.
Establishment of a PUD shall be considered a Zoning Ordinance amendment creating a PUD
District overlaying the existing zoning district. Except in the Railroad or Riverfront PUD, if, for
any reason, the General PUD is not built, the underlying or original zoning district prevails.
SEC. 12.2 QUALIFYING CONDITIONS
A. General requirements. The Planned Unit Development (PUD) regulations that follow
shall be applied to the initiation and regulation of all Planned Unit Development projects.
Where there are conflicts between the PUD regulations herein and general zoning,
subdivision, or other regulations or requirements, these regulations shall apply for the
PUD project. Where the City Commission shall find, in the particular case and upon
recommendation of the Planning Commission, that provisions herein do not serve the
public purpose to a degree at least equivalent to such general zoning, subdivision or
other regulations or requirements, the City may apply such standard requirements of the
Zoning Ordinance, Land Division Ordinance or other standard regulations.
B. Single Ownership or Control. The planned unit development site shall be under the
control of one owner or group of owners and shall be capable of being planned and
developed as one integral unit.
C. Initiated by Petition. A PUD zoning classification may be initiated only by a petition or
by the City.
D. Availability and capacity of public services. The proposed type and design of use shall
not result in an unreasonable increase in the use of public services and/or facilities,
and shall not unreasonably diminish utility capacities.
E. Compatibility with the master plan. The proposed PUD shall be compatible with the
overall goals and recommendations of the City of Mount Clemens Master Plan.
F. Compatibility with the PUD purpose. The proposed PUD shall be consistent with the
purpose and intent of this chapter.
G. Development impact. The proposed PUD shall not impede the continued use or
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development of surrounding properties for uses that are permitted in this article.
H. Applicability. A property meeting the conditions of this section may be rezoned to an
appropriate PUD District based on the following locational criteria:
1. Railroad PUD. Properties included in the Railroad PUD Overlay as designated on the
zoning map shall be eligible to develop in accordance with the standards of this
Article. As designated on the zoning map, the industrial, residential, and mixed-use
areas to the east of the Grand Trunk Railroad.
2. Riverfront PUD. As designated on the zoning map, the central business, mixed-use,
industrial, and residential areas adjacent to the Clinton River.
3. General PUD. All other areas of the City not designated for Railroad or Riverfront PUD.
I. Benefits. The PUD site plan shall provide one or more of the following benefits not
possible under the standards of another zoning district, as determined by the Planning
Commission:
1. preservation of significant natural or historic features;
2. a complementary mixture of uses or a variety of housing types;
3. common open space for passive or active recreational use;
4. mitigation to offset impacts; or,
5. redevelopment of a nonconforming site where creative design can address unique
site constraints.
SEC. 12.3 PUD DISTRICTS
Rezoning of property to an appropriate PUD District shall be based on the standards
contained in this Article and appropriate standards contained elsewhere in this ordinance.
The following standards shall be specific to each type of PUD:
A. PUD Uses.
1. All uses permitted on a site under the existing zoning districts for the site shall be
permitted in the PUD project. The uses identified in the table below supplement the
uses permitted in their respective zoning districts. All such uses shall be subject to
site plan approval.
2. All special land uses which may be considered for a site under the existing zoning
district may be considered in the PUD project. All special land uses shall only be
approved as part of a PUD upon a finding that the use or uses are consistent with all
applicable special land use requirements and standards of
Article 13
of the Zoning
Ordinance.
Use Railroad PUD Riverfront
PUD
Add’l
Req’ts
Residential
Single-Family detached dwellings P
Two-Family dwellings P
7.1.A
Attached residential P P
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Human Care Facilities
Group day care home (7 to 12 children less than 24 hours
per day)
SLU
7.2.B
Commercial
Bed and Breakfasts SLU SLU
7.3.B
Commercial recreation P P
Eating and Drinking establishments SLU P
Funeral Homes and Mortuaries SLU
7.3.D
Kennel P
7.3.F
Lodging P
Professional, Medical, and Business Offices P SLU
Retail sales adjunct to a principal use P P
Transportation
Automobile maintenance and repair (minor) SLU
Boat service facilities P
Boat storage (indoor or outdoor) P
Marinas and other docking facilities P
Industrial
Brewery/Distillery P
7.5.A
Research, Development, and Testing Services, including
Laboratories
P
Production of consumer goods, such as food, beverages,
art, or clothing
P
7.5.B
Workshop/Showroom P
Institutional
Colleges and Universities SLU
7.6.B
Municipal or public utility uses P SLU
7.6.C
Parks P
Places of assembly, including places of worship SLU
7.6.D
Public Library, Public Museum P SLU
Schools SLU
7.6.E
Studio, such as art, dance, health, music or other similar
place of instruction
P P
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B. PUD Site Design and Building Standards
All development in PUDs shall provide the following, as applicable:
1. Adequate, safe and convenient arrangement of pedestrian circulation facilities,
roadways, driveways, off-street parking and loading space, facilities for waste
disposal;
2. Arrangement of buildings, vehicular circulation and open spaces so that pedestrians
moving between buildings are not unnecessarily exposed to vehicular traffic;
3. Adequate amount and proper location of pedestrian walks, landscaped areas, and
public transportation loading places to separate from general vehicular circulation
facilities;
4. Arrangement and orientation of buildings and location of off-street parking areas so
as to minimize impacts on adjacent properties;
5. Proper arrangement of signs and lighting devices with respect to traffic control
devices and adjacent residential districts to minimize hazardous distraction, glare,
and reduce visual clutter;
6. Adequate amount and safe location of play areas for children and outdoor green or
gathering spaces that contribute to the city’s network of green infrastructure and
walkable placemaking opportunities;
7. Adequate consideration for the access needs of residents with disabilities;
8. Adequate identification of buildings, particularly in developments where two or
more buildings use one street address or where two or more buildings are located on
private street or drives.
9. Only high-quality, durable building materials, such as brick or stone, shall be used on
facades visible from the street or parking lot. Any other building materials shall be
approved by the Planning Commission.
10. An entrance shall provide a clear, obvious, publicly accessible connection between
the street and the primary use within the building.
11. The site shall be suitable for development in the manner proposed, without hazards
to persons or property, on or off the tract, from probability of flooding, erosion or other
dangers, annoyances, or inconvenience. Condition of soil, ground water level, drainage
and topography shall all be appropriate to both type and pattern of use intended.
12. Where setback criteria is not clearly provided within this subsection, the setbacks
from the zoning district governing the subject use shall apply. In all cases, the
Planning Commission may modify the required perimeter and interior setbacks upon
a finding of one of following:
a. adequate buffering exists between uses.
b. other open space offered on the site will serve the intent of the setback.
c. a mixed-use has been provided and no setbacks are established.
d. layout, scale and architectural design are integrated into a compatible
development scheme.
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C. General PUD
1. Intent. The intent of applying the above standards as a General PUD is to promote
unified redevelopment of shopping centers, and former institutional sites such as
schools and churches.
2. Applicability.
A General PUD can be applied anywhere in the city that is not designated
as a Railroad or Riverfront PUD on the zoning map.
D. Railroad PUD
1. Intent. The intent of the Railroad PUD is to integrate a flexible mixture of uses
into historically industrial areas. The Railroad PUD overlay generally are areas
transitioning from older industrial and auto-oriented uses with pockets of residential
to higher density modern infill and adaptive reuse that respects the adjacent
residential neighborhoods. These areas are characterized by an eclectic mixture
of live/work, office, residential, and lower intensity industrial uses in a warehouse
setting that complement, but do not compete with, the CBD.
2. Dimensional Standards.
a. The City may grant flexibility in underlying zoning dimensional standards where
necessary to allow for innovative design in redeveloping a site and where a clear
public benefit is being derived.
b. Siting, area, and bulk standards shall be flexible based on the underlying zoning,
the intended use, and the context of remaining buildings adjacent to the subject
site to encourage flexibility and creativity consistent with the intent of the PUD.
c. The maximum height in a Railroad PUD shall be 3 stories.
3. Siting and Site Design.
a. Industrial adjacent to single-family residential shall be setback 25’ and screened
according to
Section 9.2
.
b. Site design and landscaping shall diminish the prominence of parking lots as
viewed from public streets.
c. New buildings are encouraged to front the sidewalk to encourage a walkable
neighborhood character.
4. Access and Parking.
a. Limited front yard parking, if so, screened from the sidewalk and street.
b. Garages are preferred to be side or rear-located.
c. To encourage a true integration of mixed uses and improved efficiency in land
use, the Planning Commission may permit the overlap in parking requirements
between uses that have alternating peak-parking demands or where the mixture
of uses on a site would result in multi-purpose trips. Approval for the parking
reduction shall be based upon documentation submitted by the applicant
indicating the types of uses, intensity and characteristics of the parking demands
for such uses.
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E. Riverfront PUD
1. Intent. The Riverfront PUD is intended to provide a safe and vibrant riverfront with a
mixture of uses. The intent of the Riverfront District is to integrate the development of
water-oriented, recreational and boating facilities, accessory retail and service uses
with residential uses that maximize the use and views of the riverfront.
2. Dimensional Standards.
Height
Minimum 1 stories 16 ft.
Maximum 3 stories 45 ft.
Siting
Front Yard Setback (min.) 0 ft.
Water-fronting Setback (min.) 20 ft. from water’s edge
1
Side Setbacks (min.) 0 ft.
Side Setback adjacent to
single-family residential (min.) 10 ft.
1
If buildings on both waterfront lots adjoining the vacant subject waterfront lot are
set back less than 20 but more than ten feet from the water’s edge, the setback may
be reduced to the average setback of those buildings. If one of those lots is vacant
and the other occupied by a building which is set back less than 20 feet from the
water’s edge, the setback may be reduced to the average setback of that dwelling and
20-foot setback required by this section, though in no instance shall the setback be
less than ten feet.
Michigan Department of Environmental Quality (MDEQ) flood plain regulations,
Army Corps of Engineers regulations and standards applicable to the construction
of buildings and establishment of uses in coastal zone management areas
administered by the MDEQ land and water management division and other state and
federal regulations may require greater setbacks than required by this section above.
In such cases, those agencies’ regulations and standards shall apply.
3. Access and Parking. Parking shall not be located between a building and the
riverfront. Any parking fronting a street shall be screened from the sidewalk.
SEC. 12.4 APPLICATION AND REVIEW PROCEDURE FOR PRELIMINARY PUD SITE
PLAN AND FINAL PUD SITE PLAN
The application process for a PUD involves a three (3) step process including review of a
preliminary (conceptual) site plan by both the Planning Commission and City Commission.
Upon approval of the preliminary plan, a final site plan shall be reviewed by the Planning
Commission. The procedures are described below.
A. Prior to filing an application for a Planned Unit Development, a pre-application
conference shall be held with the Community Development Department at which time
consideration of basic site information and sketch plans will be discussed. If the project
is to be developed in phases, the pre-application conference shall include a discussion
of each development phase and an anticipated timetable for development. Following the
pre-application conference, a planned unit development application shall be prepared
and submitted by the applicant.
B. The applicant shall prepare and submit to the City Clerk fifteen (15) copies of a
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preliminary PUD site plan for a PUD, meeting the requirements of
Section 12.5
Preliminary
PUD Site Plan Submittal Requirements, at least thirty (30) days prior to the meeting at
which the Planning Commission shall first review the request; twenty-one (21) days for
an applicant who has had a pre-application workshop on the proposal within sixty (60)
days of the preliminary PUD site plan submittal. The Zoning Administrator shall promptly
transmit this plan to the members of the Planning Commission.
The Planning Commission shall review the preliminary PUD site plan and shall conduct a
public hearing in accordance with State Law. During this review, the Planning Commission
may request additional materials supporting the PUD proposal, or recommend modifications
or conditions based on the standards of
Section 12.6
Preliminary PUD Standards for Approval.
The Planning Commission shall then, within sixty (60) days of the submittal, make a
recommendation on the preliminary PUD site plan to the City Commission. The applicant
shall incorporate these modifications or conditions recommended by Planning Commission
prior to the review by the City Commission.
C. Following receipt of the Planning Commission recommendations, the City Commission
shall conduct a public hearing on the preliminary PUD site plan and petition. Notice and
procedures for public hearings for PUD’s shall be as required under State Law. The City
Commission shall take final action on said plan and petition within ninety (90) days of
the date it receives a report from the Planning Commission or such reasonable extension
of time as may be necessary for adequate review.
D. If any conditions are imposed upon the approval of the preliminary PUD site plan by the
City Commission, a list of those conditions shall be made part of the approval and shall
be reflected in the final PUD site plan.
E. Approval of the preliminary PUD site plan by the City Commission shall confer upon the
owner the right to proceed through the subsequent PUD plan review phases for a period
not to exceed three (3) years from date of approval. This period may be extended by the
City Commission for one (1) additional three (3) year period.
The applicant shall submit fifteen (15) copies of detailed final site plans to the City Clerk,
as described in
Section 12.8
Standards for Approval of Final Site Plan, for all, or any phase
of, the approved preliminary PUD site plan at least thirty (30) days prior to the Planning
Commission meeting at which the Planning Commission shall first review the request.
F. Upon submission of all required materials and fees, the Planning Commission shall
review the final PUD site plan and shall approve, deny, or approve with conditions,
in accordance with the standards and regulations of this Zoning Ordinance and for
consistency with the preliminary PUD site plan.
G. If the final PUD site plan was approved with conditions, the applicant shall submit a
revised site plan to the Zoning Administrator in accordance with Section XX.XX Projects
Eligible for Sketch Plan Review and Administrative Approval for approval prior to the issuance
of any building permits.
H. If the approved preliminary PUD site plan indicated that the proposed development
was to occur in phases, final site plan approval may be granted on each phase of the
development, provided that each phase contains all the necessary components to insure
protection of significant natural, historical, and architectural features, and the health,
safety, and welfare of the users of the PUD and the residents of the surrounding area.
Subsequent phases shall also follow the process for final PUD site plan outlined in this
Article.
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SEC. 12.5 PRELIMINARY PUD SITE PLAN SUBMITTAL REQUIREMENTS
The applicant shall submit the required number of prints of the preliminary PUD site plan
to the Planning Commission. The preliminary PUD site plan shall contain, in addition to the
requirements of
Article 11
, the following:
1. A boundary survey by a registered civil engineer or land surveyor of the exact acreage
being requested for development.
2. A preliminary site plan for the entire parcel carried out in such detail as to indicate
the functional uses being requested (residential, commercial, resort, golf, research,
office, etc.); the densities and dwelling types being proposed; the proposed phases of
development; the traffic circulation plan and street network; pedestrian circulation;
and sites being reserved for parks, open space, public or semi-public land uses;
type, location, height, bulk and capacity of buildings or structures; and, automobile
parking and loading.
3. A written document detailing the community impact statement, suitability of the
site, population densities, parking ratios, traffic generation, traffic impact analysis,
and development schedule of buildings, units and uses supporting the proposed
development or this phase of the development.
4. The preliminary plans for public water, sanitary sewer and water facilities.
SEC. 12.6 PRELIMINARY PUD PLAN STANDARDS FOR APPROVAL
Based upon the following standards, the Planning Commission may recommend denial,
approval, or approval with conditions, and the City Commission may deny, approve, or
approve with conditions the proposed planned unit development.
1. The planned unit development meets the qualification requirements.
2. The uses proposed shall have a beneficial effect, in terms of public health, safety,
welfare, or convenience, on present and future potential surrounding land uses. The
uses proposed will not adversely affect the public utility and circulation system,
surrounding properties, or the environment. The public benefit shall be one which
could not be achieved under the regulations of the underlying district alone, or that of
any other zoning district.
3. The planned unit development is generally consistent with the goals, objectives and
land use map of the Master Plan.
4. Judicious effort has been used to preserve significant natural and historical features,
surface and underground water bodies and the integrity of the land.
5. Public water and sewer facilities are available or shall be provided for by the
developer as part of the site development.
6. Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation
within and to the site is provided. Roads and driveways shall comply with the
Subdivision Ordinance, Macomb County Road Commission standards and the private
road regulations of
Article 10
, as applicable. Drives, streets and other elements shall
be designed to discourage through traffic, while promoting safe and efficient traffic
operations within the site and at its access points. The site shall provide for inter-
connection of roads and the future integration of circulation between adjacent sites.
7. Common open space shall be provided including natural areas, community greens,
plazas and recreation areas. The open space and all other elements shall be in an
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appropriate location, suitably related to each other, the site and surrounding lands.
The common open space may either be centrally located along the road frontage
of the development, located to preserve significant natural features, or located to
connect open spaces throughout the development. Connections with adjacent open
space, public land or existing or planned pedestrian/bike paths may be required
by the City. Grading in the open space shall be minimal, with the intent to preserve
existing significant topographic features, where such resources exist.
8. Building design shall be of a high quality.
9. Any deviations from the applicable zoning regulations are reasonable and meet the
intent of this Article.
SEC. 12.7 FINAL PUD SITE PLAN SUBMITTAL REQUIREMENTS
The final PUD site plan shall include all the following information, unless the Zoning
Administrator determines that some of the required information is not reasonably necessary
for the consideration of the PUD:
A. All information required for site plan submittal in accordance with
Section 11.3
Site Plan
and Sketch Plan Review Procedures.
B. Any additional graphics or written materials requested by the Planning Commission to
assist in determining the impacts of the proposed site plan, including, but not limited
to, economic or market studies; impact on public utilities; traffic impacts; impact on
significant natural, historical, and architectural features and drainage; impact on the
general area and adjacent property; and estimated construction cost.
C. A report identifying all property owners within the area of the proposed district and
giving evidence of unified control of its entire area. The report shall state agreement of all
present property owners and/or their successors in title:
1. To proceed with the proposed development according to the regulations in effect
when the amendment creating the PUD District is passed, with all modifications as
are set by the City Commission in such action;
2. To provide bonds, dedications, guarantees, agreements, contracts and deed
restrictions acceptable to the City Commission for completion of each separate
phase of development according to the approved plan; and for continuing
operation and maintenance of such areas, facilities and services as are not to be
provided, operated or maintained at general public expense; and such dedications,
contributions or guarantees as are required for provision of needed public facilities
and services; and
3. To bind further successors in title to any commitments made above.
D. A proposed written Development Agreement specifying all the terms and understanding
of the PUD development including:
1. A survey of the acreage comprising the proposed PUD.
2. All conditions upon which the PUD approval is based, with reference to the approved
preliminary PUD plan and a description of all deviations from City regulations which
have been requested and approved.
3. The manner of ownership of the developed land.
4. The manner of the ownership and of dedication or mechanism to protect any areas
designated as common areas or open space.
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5. Provisions assuring that those open space areas shown on the plan for use by the
public or residents of the development will be or have been irrevocably committed for
that purpose; the City may require conveyances or other documents to be placed in
escrow to accomplish this.
6. Satisfactory provisions have been made to provide for the future financing of
any improvements shown on the plan for site improvements, open space areas,
and common areas which are to be included within the development and that
maintenance of such improvements is assured by a means satisfactory to the City
Commission.
7. The cost of installing and maintaining all streets and the necessary utilities has been
assured by a means satisfactory to the City Commission.
8. Provisions to ensure adequate protection of natural features and assurance for
replacement of any trees and woodlands.
9. Any other concerns raised by the Planning Commission or City Commission regarding
the construction and maintenance of the PUD.
10. The preliminary PUD plan shall be incorporated by reference and attached as an
exhibit.
E. A written draft of PUD Design Guidelines specific to the PUD. Such document shall
include provisions for site layout, access, vehicular and pedestrian circulation, parking,
screening, building design and architecture, landscaping, open space, lighting, and
signage. The Design Guidelines shall also include any variations to the dimensional
standards of this Ordinance, such as density, lot sizes, setbacks, height limits, required
facilities, buffers, open space, permitted sign area, and other similar dimensional
standards.
SEC. 12.8 STANDARDS FOR APPROVAL OF FINAL SITE PLAN
The Planning Commission shall use the standards for approval of
Section 11.2
, Uses Requiring
Site Plan Review, and any design requirements developed specifically for the PUD by the City
Commission, in reviewing the final PUD site plan.
SEC. 12.9 DEVIATIONS AND AMENDMENTS FROM APPROVED FINAL PUD SITE
PLAN
A. Deviations following approval: Deviations following approval of the Final PUD Site Plan
may occur only when an applicant or property owner who was granted Final PUD Site
Plan approval notifies the Zoning Administrator of the proposed amendment to such
approved site plan in writing, accompanied by a site plan illustrating the proposed
change. The request shall be received prior to initiation of any construction in conflict
with the approved Final PUD Site Plan.
B. Procedure: The Zoning Administrator shall determine whether the change is major,
warranting review by the Planning Commission, or minor, allowing administrative
approval, as noted below.
C. Minor changes: The Zoning Administrator may approve the proposed revision upon
finding the change would not alter the basic design nor any conditions imposed upon
the original plan approval by the Planning Commission. The Zoning Administrator shall
inform the Planning Commission of such approval in writing. The Zoning Administrator
shall consider the following when determining a change to be minor.
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1. For residential buildings, the size of structures may be reduced; or increased by
five percent (5%), provided the overall density of units does not increase and the
minimum square footage requirements are met.
2. Gross floor area of non-residential buildings may be decreased; or increased by up to
five percent (5%) or 10,000 square feet, whichever is smaller.
3. Floor plans may be changed if consistent with the character of the use.
4. Horizontal and/or vertical elevations may be altered by up to five percent (5%).
5. Relocation of a building by up to five (5) feet, if consistent with required setbacks and
other standards.
6. Designated "Areas not to be disturbed" may be increased.
7. Plantings approved in the Final PUD Landscape Plan may be replaced by similar types
of landscaping on a one-to-one or greater basis. Any trees to be preserved which are
lost during construction may be replaced by at least two (2) trees of the same or
similar species.
8. Improvements or slight relocation of site access or circulation, such as inclusion of
deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.
9. Changes of building materials to another of higher quality, as determined by the
Zoning Administrator.
10. Slight modification of sign placement or reduction of size.
11. Internal rearrangement of parking lot which does not affect the number of parking
spaces or alter access locations or design.
12. Changes required or requested by the City, County or state for safety reasons.
D. Major Changes: Where the Zoning Administrator determines the requested amendment
to the approved Final PUD Site Plan is major, resubmittal to the Planning Commission
shall be required. Should the Planning Commission determine that the modifications
to the Final PUD Site Plan significantly alter the intent of the Preliminary PUD Site Plan,
a revised Preliminary PUD Site Plan shall be submitted according to the procedures
outlined in
Section 12.5
Preliminary PUD Site Plan Submittal Requirements illustrating the
modification shall be required.
City of Mount Clemens Zoning Ordinance
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ARTICLE 13
SPECIAL LAND USES (SLU)
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SEC. 13.1 INTENT
The formulation and enactment of the Zoning Ordinance is based upon the division of the
City into zoning districts, in each of which are permitted specified uses which are considered
to be mutually compatible. In addition to permitted compatible uses there are certain
other uses which may be necessary or desirable to allow in certain locations within certain
districts; but because of their actual or potential impacts on neighboring uses or public
facilities, there is a need to carefully regulate them
with respect to their location, site design, and operations. These uses, due to their peculiar
locational needs or the nature of the service offered, may be established in a district where
they cannot be reasonably allowed as a permitted use, but may be allowed on a case-by-case
basis as special land uses upon a finding that the standards of this Article are met.
A. Special land uses are uses considered to be more intense, or potentially more disruptive,
compared to the various uses permitted by right in a particular zoning district. The
uses classified as special land uses vary by district and are listed in the regulations
of each zoning district. The special land use procedures and standards are intended
to provide a procedure by which special land uses can be evaluated to determine their
potential impacts; ensure impacts can be accommodated within the environmental,
infrastructure, and public services capacities of the area; provide site design and
operational standards to minimize any negative impact on adjoining or nearby
properties; and provide for public input through a public hearing.
SEC. 13.2 AUTHORITY
In all cases, the power to grant special land use approval is vested in the Planning
Commission. All applications for special land use approval shall first be forwarded
by the Community Development Department to the Planning Commission for review
and processing. The application shall be submitted in the number of copies required
and accompanied by the same number of site plans, all prepared and filed to meet the
requirements of
Article 11
.
The Planning Commission shall review the application after proper notice has been given as
required by the Michigan Zoning Enabling Act and approve or deny the application. Approval
may require conditions the Commission may find necessary; disapproval of the application
will be accompanied by reasons in writing. If a public hearing is to be held as provided by
State law, then the Planning Commission, after proper notice, shall hear any person wishing
to express an opinion on the application.
SEC. 13.3 STANDARDS
The Planning Commission shall review each case individually as to its applicability and
must find affirmatively to each of the following standards of the proposed land use if it is to
be approved.
1. The proposed use shall be of such location, size and character that it will be
in harmony with the appropriate and orderly development of the surrounding
neighborhood and applicable regulations of the zoning district in which it is to be
located.
2. The proposed use shall be of a nature that will make vehicular and pedestrian traffic
no more hazardous than is normal for the district involved, taking into consideration
vehicular turning movements in relation to routes of traffic flow, proximity and
relationship to intersections, adequacy of sight distances, location and access of
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off-street parking and provisions for pedestrian traffic, with particular attention to
minimizing pedestrian-vehicle conflicts.
3. The proposed use shall be designed as to the location, size, intensity, site layout and
periods of operation of any such proposed use to eliminate any possible nuisance
emanating therefrom which might be noxious to the occupants of any other nearby
uses permitted, whether by reason of dust, noise, fumes, vibration, smoke or lights.
4. The proposed use shall be such that the proposed location and height of buildings or
structures and location, nature and height of walls, fences and landscaping will not
interfere with or discourage the appropriate development and use of adjacent land
and buildings or unreasonably affect their value.
5. The proposed use shall relate harmoniously with the physical and economic aspects
of adjacent land uses as regards prevailing shopping habits, convenience of access
by prospective patrons, continuity of development, and need for particular services
and facilities in specific areas of the City.
6. The proposed use is necessary for the public convenience at the proposed location.
7. The proposed use is so designated, located, planned and operated so that the public
health, safety and welfare will be protected.
8. The proposed use shall not cause substantial injury to the value of other property in
the vicinity in which it is to be located and will not be detrimental to existing and/or
other permitted land uses in the zoning district.
SEC. 13.4 DECISION
1. Approval. If the Planning Commission determines that the particular special
land use(s) should be allowed, it shall endorse its approval thereof on the written
application and clearly set forth in writing thereon the particular use(s) which shall
be allowed. Thereafter, the enforcing officer may issue a building permit in conformity
with the particular special land use(s) so approved. In all cases where a particular
special land use has been granted as provided herein, application for a building
permit in pursuance thereof must be made and received by the City not later than
one year thereafter, or such approval shall automatically be revoked. The Planning
Commission may grant an extension thereof for good cause shown under such
terms and conditions and for such period of time not exceeding one year as it shall
determine to be necessary and appropriate.
2. Denial. If the Planning Commission shall determine that the particular special land
use(s) requested does not meet the standards of this Ordinance, it shall deny the
application by a written endorsement thereon which clearly sets forth the reason for
such denial.
3. Record. The decision on a special land use shall be incorporated in a statement of
conclusions relative to the special land use under consideration. The decision shall
specify the basis for the decision and any conditions imposed.
4. Hearings. The Planning Commission shall investigate the circumstances of each
such case and give notice of the time and place of any hearing, meeting or review
which may be held relative thereto as required by State law and/or its rules or
procedure.
5. Conditions. The Planning Commission may impose such conditions or limitations
in granting approval as may be permitted by State law and this Ordinance which it
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deems necessary to fulfill the spirit and purpose of this Ordinance. The conditions
may include conditions necessary to ensure that public services and facilities
affected by a proposed land use or activity will be capable of accommodating
increased service and facility loads caused by the land use or activity, to protect
the natural environment and conserve natural resources and energy, to insure
compatibility with adjacent uses of land, and to promote the use of land in a socially
and economically desirable manner. Conditions imposed shall do all of the following:
a. Be designed to protect natural resources, the health, safety and welfare, as well as
the social and economic well-being of those who will use the land use or activity
under consideration, residents and landowners immediately adjacent to the
proposed land use or activity, and the community as a whole.
b. Be related to the valid exercise of the police power and purposes which are
affected by the proposed use or activity.
c. Be necessary to meet the intent and purpose of the zoning regulations; be related
to the standards established in this Ordinance for the land use or activity under
consideration; and be necessary to insure compliance with those standards.
6. Once a Special Land Use has been approved, no Zoning Board of Appeals requests
shall be permitted. Any changes in the development plans must be made in
accordance with revision procedures contained herein.
SEC. 13.5 AMENDMENTS, EXPANSIONS OR CHANGE IN USE
1. Major Amendments: Any person or agency who has been granted a special land use
shall notify the Community Development Department of any proposed amendment. A
major amendment to a special land use shall require submittal of a new application
for special land use and follow the review procedures contained in this Article. The
Community Development Director shall determine whether the proposed amendment
constitutes a minor or major amendment based on the following standards:
a. Changes increase the buildings usable floor area by more than twenty five percent
(25%);
b. Parking lots are expanded by more than twenty five percent (25%);
c. The occupancy, capacity or membership of the use is increased by more than
twenty five percent (25%);
d. The use is expanded to occupy an additional twenty five percent (25%) or more
land area;
e. The expansion will result in a twenty five percent (25%) or more increase in traffic
generation;
f. The expansion will result in a twenty five percent (25%) or more increase in the
demand for public water or sewer; or,
g. Other similar types of changes deemed by the Community Development
Department to be "major".
2. Minor Amendment: Minor amendment to an approved special land use does
not require submittal of a new application for a special land use, but may require
submittal of a site plan following the requirements of Article 11.
3. Change in Use: Change to another special land use shall require submittal of a new
application for special land use and follow the review procedures contained in this
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Article.
4. Separate Approval. A separate special land use approval shall be required for each
use requiring such on a lot.
SEC. 13.6 RESTRICTIONS ON RESUBMITTAL OF A SPECIAL LAND USE REQUEST
No application for a special land use which has been denied wholly or in part shall be
resubmitted for a period of one (1) year from the date of denial, except on the grounds of
new evidence or proof of changed conditions relating to all of the reasons noted for the
denial found to be valid by the Planning Commission. A resubmitted application shall be
considered a new application.
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City of Mount Clemens Zoning Ordinance
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ARTICLE 14
NONCONFORMING
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It is the intent to recognize that the elimination, as expeditiously as is reasonable, of
existing structures and uses that are not in conformity with the provisions of this Ordinance,
is as much a subject of health, safety, and welfare as is the prevention of the establishment
of new structures and uses that would violate the provisions of this Ordinance. It is therefore,
the intent to administer the elimination of nonconforming structures and uses, recognizing
established private property rights, and avoiding any undue hardship. The following
regulations shall apply to all nonconforming buildings and structures, or parts thereof, and
nonconforming uses existing at the effective date of this Ordinance.
SEC. 14.1 NONCONFORMING BUILDINGS AND STRUCTURES
A. CONTINUANCE OF NONCONFORMING BUILDING. Any such nonconforming building
or structure may be continued and maintained, provided there is no physical change
other than necessary maintenance and repair in such building or structure, except as
permitted hereinafter in subsections B, C, and D.
B. MAINTENANCE PERMITTED. Except as otherwise provided in this section, a
nonconforming building or structure may be maintained. The maintenance of such
building or structure shall include necessary repairs and incidental alterations,
which alterations, however, shall not extend to the extent or degree or nonconformity
of such building or structure to this Ordinance, provided that in a building which is
nonconforming as to use regulations, no structural alterations shall be made, except
those required by law or ordinance. Provided further, that the cost of such work shall
not exceed thirty (30) percent of the assessed valuation of such building or structure at
the time such work is done. This requirement shall not be considered as prohibiting the
bringing of a structure into conformity with the regulations of the district in which it is
located.
C. RESTORATION OF DAMAGED BUILDING. A nonconforming building or structure having
been damaged or partially destroyed by fire or other calamity to an extent not exceeding
sixty (60) percent of its assessed valuation, exclusive of foundations, at that time, may
be restored; and its immediately previous occupancy or use existing at the time of such
partial destruction may be continued or be resumed, provided that such reconstruction
is approved by variance as authorized under
Article 14
hereof, and the work of restoration
is commenced within one (1) year of the date of such partial destruction and is diligently
carried on to completion. Whenever a nonconforming building or structure is damaged
in excess of sixty (60) percent of its assessed valuation, exclusive of foundations, at that
time, the repair or reconstruction of such building shall conform to all of the regulations
of the district in which it is located and it shall be treated as a new building.
D. ADDITIONS, ENLARGEMENTS, MOVING.
1. A building or structure, nonconforming as to height regulations, may be added to or
enlarged if such addition or enlargement conforms to the regulations of the district
in which it is located. In such case, such addition or enlargement shall be treated as a
separate building or structure in determining conformity to all of the requirements of
this Ordinance.
2. When a building or structure, or portion thereof, is moved from one district to another
or to another location within the same district, it must conform or be made to
conform to all of the regulations, ordinances and codes of the district to which it is
moved.
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SEC. 14.2 NONCONFORMING USES
A. CONTINUANCE OF NONCONFORMING USE. Any such nonconforming use may be
continued and maintained, provided there is no increase or enlargement of the area,
space or volume occupied by, or devoted to, such nonconforming use within a building or
on site.
B. ABANDONMENT; TERMINATION OF NONCONFORMING USE. Any part of a building,
structure or land occupied by a nonconforming use which hereafter is abandoned
and remains unoccupied for a continuous period of one (1) year shall not thereafter be
occupied, except by a use which conforms to the use regulations of the district in which
it is located.
C. CHANGE OF TENANCY OR OWNERSHIP. There may be a change of tenancy, ownership
or management of an existing nonconforming use, provided there is no change in the
nature or character of such nonconforming use.
D. EXPANSION PROHIBITED. A nonconforming use of a portion of a building or structure,
which building or structure otherwise conforms to the provisions of this Ordinance,
shall not be expanded or extended into any other portion of such conforming building
or structure, nor changed, except to a conforming use. If such nonconforming use, or
portion thereof, is discontinued or changed to a conforming use, any future use of such
building, structure, or portion thereof, shall be in conformity to the regulations of the
district in which such building or structure is located.
E. CHANGE OF USE. The nonconforming use of a building, structure or land may not be
changed to a different use unless one of the following conditions has been met:
1. Such different use is permitted in the Zoning District under which the property is
currently zoned, subject to site plan review and approval as required in the Zoning
Ordinance.
2. Such proposed use, while still nonconforming, is considered less intense than
the previous nonconforming use as determined by the Mount Clemens Planning
Commission, and would bring the site closer into conformance with existing
Ordinance standards. A use may be deemed more intense if the Planning Commission
determines that the proposed use meets any of the following criteria:
a. The proposed use generates more light, noise, air, or other pollution than the
current use;
b. The proposed use generates more traffic and/or turning movements, or negatively
alters the traffic circulation pattern on or off the site;
c. The use generates a greater need for parking on site;
d. The proposed use causes greater negative economic impacts on adjacent
properties than the current use.
e. Where a use change requires submission of a site plan, the applicant shall be
required to comply with all applicable zoning provisions as is deemed reasonably
feasible by the Mount Clemens Planning Commission. Site plan compliance shall
include but not be limited to such items as parking, landscaping, and signage.
F. NONCONFORMING USE OF LAND. Continuation of Use. The nonconforming use of land
(where no building is involved) existing at the date this Ordinance becomes effective,
may be continued, provided that:
1. No such nonconforming use of land shall in any way be expanded or extended either
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on the same or adjoining property.
2. If such nonconforming use of land or any portion thereof is discontinued or changed,
any future use of such land shall be in conformity with the provisions of this
Ordinance.
SEC. 14.3 NONCONFORMING LOTS
G. NONCONFORMING LOT OF RECORD. Division of Nonconforming Lot. Parcels shall not be
divided in a manner that increases nonconformity, causes an existing structure or site
improvement to become nonconforming, or creates one or more nonconforming lots.
H. USE OF A NONCONFORMING LOT OF RECORD. Any nonconforming lot of record shall only
be used as permitted in the district in which it is located. A single nonconforming lot may
be developed or improved with a principal building and permitted accessory structures,
without the need for a variance, provided that the following conditions have been met:
1. The structure and lot shall conform with all applicable yard dimensions, setbacks
and other requirements, other than minimum lot width and lot area, for the district in
which it is located.
2. The lot in question meets seventy-five percent (75) of the minimum lot width and lot
area requirements of the district in which it is located.
3. The lot is not under contiguous single ownership with other lots that could be
combined into one or more conforming lots.
I. CONTIGUOUS NONCONFORMING LOTS UNDER THE SAME OWNERSHIP. Two or more
contiguous, nonconforming lots under the same ownership shall be considered one
parcel. The applicant shall not be permitted to make improvements to the parcel prior to
combining such lots to create one conforming lot of record.
SEC. 14.4 NONCONFORMING SITES
A. Change in use, expansion or reconstruction on part of the site. The Community
Development DirectorZoning Administrator and/or Planning Commission may review the
extent of the non-compliance and may require full or partial compliance, or allow certain
non-conforming features to remain, based on the relationship to the extent of the change
proposed for the lot. In making such a determination, the Community Development
Director and/or Planning CommissionZoning Administrator may require an upgrade to
the site based upon the following standards:
1. Reasonable site improvements to be made in relation to the scale and construction
cost of the improvements
2. Improvements to the site are necessary to address safety-related site issues in
accordance with the building code, fire code and other safety regulations.
3. Existing parking and loading spaces do not meet the current requirements of
Chapter 1254 – Parking
Article 10
. The Community Development Director and/or
Planning CommissionZoning Administrator may allow for continued use of parking
and loading spaces that do not meet the current required dimensions within all or a
portion of the existing parking area if the intensity of the use will not increase. The
Community Development Director and/or Planning CommissionZoning Administrator
may require improvements to the pavement and parking lot striping.
4. The closing, relocating, redesigning or reconfiguring of access points to allow
shared access with an adjacent parcels for the purpose of reducing conflicts with
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traffic and non-motorized travel along the public street. (For example, driveways
closest to signalized intersections or that have a poor offset spacing from
driveways across the street may need to be closed, relocated or restrict certain
turning movements to improve traffic flow and reduce crash potential). The Zoning
AdministratorCommunity Development Director and/or Planning Commission may
defer to the City Transportation Engineer for required changes to access design. See
CHAPTER 1254.01.12 - INGRESS AND EGRESS.
5. Improved landscaping, to the extent practical, is necessary to provide sufficient
buffering from less intensive adjacent uses, to improve the streetscape, mitigate
the impact of non-conforming buildings or structures, and reduce the flowrate and
improve the quality of stormwater runoff.
6. Conformance with the standards of section will result in reduced glare onto adjacent
residential or institutional properties and public rights-of-way.
7. Relocating and screening waste receptacles that are not fully conforming to current
placement and screening standards will reduce conflicts with vehicles, improve views
from the public street, and reduce impacts on adjacent residential property.
SEC. 14.5 COMPLIANCE WITH REGULATIONS FOR NONCONFORMITIES
A. Whenever the owner shall fail to comply with the provisions of this Ordinance relating
to removal or discontinuance of a nonconforming use, the Community Development
Director shall serve notice in writing on such owner or his agent requiring him to comply
therewith within a reasonable time after such notice. If, after such notice, the owner fails
to comply therewith, the Community Development Director shall take such action as may
be necessary, including civil action, to cause compliance with the provisions hereof.
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City of Mount Clemens Zoning Ordinance
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ARTICLE 15
ADMINISTRATION & ENFORCEMENT
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SEC. 15.1 ENFORCEMENT
The provisions of this Ordinance shall be administered and enforced by the City Commission
through the Community Development Director or any other employees, inspectors and
officials as the City Commission may delegate to enforce the provisions of the Ordinance.
SEC. 15.2 DUTIES OF THE COMMUNITY DEVELOPMENT DIRECTOR
The Community Development Director shall have the power to grant building and occupancy
permits, to make inspections of buildings or premises to carry out his/her duties in the
enforcement of this Ordinance. It shall be unlawful for the Community Development Director
to approve any plans or issue a building permit for any excavation or construction until he/
she has inspected such plans in detail and found the plans/use to be in compliance with
this Ordinance. To this end, the Community Development Director shall require that every
application for a building permit for excavation, construction, moving, alteration, or change
in type of use or the type of occupancy be accompanied by written statement and plans or
plats drawn to scale and showing the following in sufficient detail to enable the Building
Inspector to ascertain whether the proposed work or use is in conformance with this
Ordinance:
1. The actual shape, location and dimensions of the lot.
2. The shape, size and location of all buildings or other structures to be erected, altered
or moved and of any buildings or other structures already on the lot.
3. The existing and intended use of the lot and of all such structures upon it, including,
in residential areas, the number of dwelling units the building is intended to
accommodate.
4. The signature of the fee holder owner of the premises concerned.
5. Such other information concerning the lot or adjoining lots as may be essential for
determining whether the provisions of this Ordinance are being observed.
6. The Community Development Director under no circumstances is permitted to grant
exceptions or vary the terms of this Ordinance.
SEC. 15.3 PROCESS AND APPLICABILITY
The table below summarizes the approval and level of compliance required for development
and re-occupancy applications. The following abbreviations represent the approval
authorities for projects listed in the table:
SPR: Site Plan Review in accordance with
Article 11,
particularly
Section 11.02
SLU: Special Land Use review by Planning Commission or City Council, see
Article 13
Admin: Administrative review and approval in accordance with
Article 11
Type of Project Definition Approval
Required
Level of Compliance
New development New buildings or
principal structure, tear
downs and complete
rebuilds
SPR Application shall show full compliance
with the ordinance and all applicable site
plan standards for the project as detailed
in
Article 11.
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Type of Project Definition Approval
Required
Level of Compliance
Special land use Establishment, change,
or expansion of a special
land use.
SLU Application shall meet the standards
of
Article 13
and applicable site plan
standards for the type of project in
Article 11.
Major expansion Expansion of building
by more than 2,500 sq
ft. or parking, loading
or storage area by more
than 3,000 sq. ft. or 25%
or more from the existing
current area, whichever is
greater.
SPR
Application shall include information on
site and building conditions and changes
as described in
Article 11
. Improvements
needed to ensure public safety and
safe circulation shall be required. See
Article 14
for the extent of site upgrades
required where the building or site do not
meet current standards.
Minor building
and/or parking
expansions
Expansion of building
by less than 2,500 sq.
ft. or parking, loading
or storage area by less
than 3,000 sq. ft. or 25%
or less from the existing
current area, whichever is
greater.
Admin
Facade and site
improvements
beyond typical
building
maintenance and
repair
Building or architecture
changes or site
improvements that do
not involve expansion of
the building or parking
but will alter the physical
character of the site.
Admin Improvements shall be required to
comply with the requirements of this
Ordinance to an extent proportionate
and reasonably related to the specific
request. Improvements needed to ensure
public safety, safe circulation, and
compliance with other city codes shall be
required.
Change in a
permitted use.
Change in use or re-
occupancy of a building.
Admin Site improvements shall be required
particularly those related to impacts
associated with the new use such as the
amount of parking to meet standards
for the new use. If the site or building
does not meet current city standards,
improvements shall be required to bring
the site and building into compliance, or
greater compliance, with this and other
city codes as noted in
Article 14.
Nonconforming
situation
Change in
nonconforming use,
building, structure,
or site (i.e. where the
existing building or site
improvements do not
meet the current zoning
ordinance standard
See
Article 14
Level of compliance and approval body is
dependent upon situation as described
in
Article 14.
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SEC. 15.4 PERMITS
The following shall apply in the issuance of any permit:
A. PERMITS REQUIRED. It shall be unlawful for any person to commence excavation for,
or construction of, any building, fence, shed, sidewalk, driveway or structure (except
concrete work not requiring a foundation or ratwall), structural changes, repairs in any
existing building or structure, or moving of an existing building without first obtaining
a zoning compliance permit and a building permit from the Community Development
Department. No permit shall be issued for construction, alteration or remodeling of
any building, fence or structure until an application has been submitted in accordance
with the provisions of this Ordinance, showing that the construction proposed is in
compliance with the provisions of this Ordinance and the Building Code.
1. No plumbing, electrical, drainage or other permit shall be issued until it has been
determined that the plans and designated use indicate that the structure and
premises, if constructed as planned and proposed, will conform to the provisions of
this Ordinance. "Alteration" or "repair" of an existing building or structure shall not
include any changes in structural members, stairways, basic construction type, kind
of class occupancy, light or ventilation, means of egress and ingress, or any other
changes affecting or regulated by the Building Code, the Housing Law of the State of
Michigan, or this Ordinance, except for minor repairs or changes not involving any of
the aforesaid provisions.
B. PERMITS FOR NEW USE OF BUILDINGS OR STRUCTURES. Where the new use of a
building or structure does not require Planning Commission review under (
Section 3.3
),
The Community Development Director shall issue a permit for the new use if such use
meets all applicable Ordinance requirements.
C. PERMITS FOR MANUFACTURED HOMES AS TEMPORARY USE. The owner of any premises
may move not more than one (1) manufactured/mobile home upon such premises and
utilize the same for residence purposes, which does not include storage, during the
actual construction of a permanent dwelling thereon, but not to exceed six (6) months
beginning with the issuance of a permit for the construction of said dwelling. Application
may be made for one (1) six (6) month extension. The City Commission shall require
said owner to furnish a financial guarantee in a sum equal to the cost of removing said
manufactured home from the premises and completion of the permanent structure.
Such financial guarantee may be in the form of a corporate surety bond, irrevocable bank
letter of credit or cash.
SEC. 15.5 CERTIFICATES OF OCCUPANCY
It shall be unlawful to use or permit the use of any land, building or structure for which
a building permit is required, and to use or permit to be used any building or structure
hereafter altered, extended, erected, repaired or moved until the Community Development
Director shall have issued a certificate of occupancy stating that the provisions of this
Ordinance have been complied with.
A. CERTIFICATE VALIDITY. The certificate of occupancy as required for new construction
of or renovations to existing building and structures in the Building Code shall also
constitute certificates of occupancy as required by this Ordinance.
B. CERTIFICATES FOR EXISTING BUILDINGS. Certificates of occupancy may be issued for a
part of a building or structure prior to the occupation of the entire building or structure,
provided that such certificate of temporary occupancy shall not remain in force more
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than thirty (30) days, nor more than five (5) days after the building or structure is fully
completed and ready for occupancy; and provided, further, that such portions of the
building or structure are in conformity with the provisions of this Ordinance.
C. TEMPORARY CERTIFICATES. Certificates of temporary occupancy may be issued for a
part of a building or structure prior to the occupation of the entire building or structure,
provided that such certificate of temporary occupancy shall not remain in force more
than thirty (30) days (six (6) months for landscape and screening), nor more than five
(5) days after the building or structure is fully completed and ready for occupancy; and
provided, further, that such portions of the building or structure are in conformity with
the provisions of this Ordinance.
D. APPLICATION FOR CERTIFICATES. Certificates of occupancy shall be applied for in writing
to the Building Administrator coincidentally with application for building permits, and
shall be issued within five (5) days after notification of completion of the building, if
it is found that the building or structure, or part thereof, or the use of the land is in
accordance with the provisions of this Ordinance. If such certificate is refused for cause,
the applicant shall be notified of such refusal and the cause thereof within the aforesaid
five (5) day period.
E. APPLICATION FOR CERTIFICATES. Certificates of occupancy shall be applied for in writing
to the Community Development Director coincidentally with application for building
permits, and shall be issued within five (5) days after notification of completion of the
building, if it is found that the building or structure, or part thereof, or the use of the
lands in accordance with the provisions of this Ordinance. If such certificate is refused
for cause, the applicant shall be notified of such refusal and the cause thereof within the
aforesaid five (5) day period.
SEC. 15.6 FINAL INSPECTION
The recipient of site plan approval, or any building permit for the construction, erection,
alteration, repair or moving of any building, structure, or part thereof, shall notify the
Community Development Department immediately upon completion of the work authorized
by such permit for a final inspection.
SEC. 15.7 PLANNING COMMISSION
The City of Mount Clemens Planning Commission, as established under Act 33 of the
Michigan Public Acts of 2008, as amended, shall perform all of the duties of such
commission in accordance with the law in such case made and provided, relating to
amendments of this Ordinance, and such other duties as are established in this Ordinance.
SEC. 15.8 FEES
The City Commission shall establish, by resolution, fees for each of the following:
A. INSPECTION AND CERTIFICATION. Fees for inspections and the issuance of permits or
certificates, or copies thereof, required or issued under the provisions of this Ordinance
shall be collected by the City Treasurer in advance of the issuance of such permits or
certificates.
B. APPEALS. Any person appealing under
Article 14
of this Ordinance in all cases shall pay
the established fixed fee, plus such additional fees as may be deemed reasonable by the
City Commission for expert services necessary to render a proper decision.
C. REVIEWS. Fees for the review of site plans, special approval uses or other matters
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requiring City Commission, Planning Commission or the Zoning Board of Appeals
review, under the terms of this Ordinance, shall be paid to cover the cost of such reviews,
including notice, publication, delivery, administration and professional services.
D. REZONINGS. Any petition for the rezoning of land requiring an amendment of the City
of Mount Clemens Zoning Ordinance shall be accompanied by a fee payable by the
petitioner. Said fee shall be utilized to defray all costs, including necessary expert
opinions in conjunction with the legislative review of the petition.
E. OTHER. Fees for special resolutions pertaining to any matter relevant to this Ordinance
or for the cost of special meetings of the City Commission, Planning Commission or
the Zoning Board of Appeals shall be paid by the recipient or applicant prior to said
resolution or meeting.
F. WAIVERS. The City Commission may waive payment of any fees established by resolution
when it finds that the necessity for an appeal, variance and/or rezoning is the result of an
error or omission by the City Commission in enactment of this Ordinance.
G. APPROVAL DISALLOWED FOR NON-PAYMENT.
1. The City shall not approve any license, permit, variance, rezoning request or take any
other municipal action of approval, unless the person or entity so requesting does not
have any outstanding overdue payments to the City.
2. Overdue payments defined. Overdue payments shall mean monies, whether disputed
or otherwise, which are determined by the City to be overdue and owing, including
by way of illustration only, real and personal property taxes, jeopardy assessments,
permit fees, charges, contract balances, required deposits, required bonds, inspection
fees or any other outstanding financial obligation.
3. City defined. The term City shall mean the City, Zoning Board of Appeals, Planning
Commission, all committees, commissions, boards, departments and employees.
4. Appeal. A person aggrieved by a determination pursuant to this provision may
appeal such claim to the Treasurer of the City in writing. The Treasurer shall make a
determination on such appeal as to whether an issue of non-payment exists within
fourteen (14) days after receipt of such appeal.
SEC. 15.9 VIOLATIONS AND PENALTIES
Any person, persons, firm or corporation, or anyone acting in behalf of said person, persons,
firm or corporation, who shall violate any of the provisions of this Ordinance, or who fail to
comply with any of the regulatory measures or conditions of the Zoning Board of Appeals or
the City Commission, adopted pursuant hereto, shall, upon conviction thereof, be subject to
a fine of not more than Five Hundred ($500.00) Dollars and the costs of prosecution at the
discretion of the Court, or imprisonment for a term not to exceed ninety (90) days, or both.
Each day such violation continues shall be deemed a separate offense. The imposition of
any sentence shall not exempt the offender from compliance with the requirements of this
Ordinance.
Uses of land and dwellings, buildings or structures, including tents, trailer coaches and
manufactured/mobile homes, used, erected, altered, razed or converted in violation of any
provision of this Ordinance, are hereby declared to be a nuisance per se. The Court shall
order such nuisance abated and the owner and/or agent in charge of such dwelling, building,
structure, tent, trailer, coach, manufactured home or land shall be adjudged guilty of
maintaining a nuisance per se.
City of Mount Clemens Zoning Ordinance
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ARTICLE 16
ZONING BOARD OF APPEALS
16
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SEC. 16.1 CREATION AND MEMBERSHIP
There is hereby established a Zoning Board of Appeals, which shall perform its duties and
exercise its powers as provided by Act 207, Public Acts of 1921, as amended, in such a manner
that the objectives of this Ordinance shall be observed, public safety, morals and general
welfare assured, and substantial justice done. The Zoning Board of Appeals shall consist of
seven (7) members as follows:
A. The first member shall be a member of the City Planning Commission.
B. The remaining members shall be selected and appointed by the City Commission, of
which members shall be representative of the population distribution and of the various
interests present in the City. An elected officer of the City shall not serve as Chairman of
the Zoning Board of Appeals. Further, an employee or contractor of the City Commission
may not serve as a member or an employee of the Zoning Board of Appeals.
C. The terms of each member shall be for three (3) years. A successor shall be appointed
not more than one (1) month after the term of the preceding member has expired. All
vacancies for unexpired terms shall be filled for the remainder of the term.
D. The City Commission may appoint two alternate members for the same term as regular
members of the Zoning Board of Appeals. An alternate member may be called to serve in
the place of a regular member if the regular member will be absent or for the purpose of
reaching a decision on a case in which the regular member has abstained for reasons of
conflict of interest. The alternate member having been appointed shall serve in the case
until a final decision has been made. The alternate member shall have the same voting
rights as a regular member of the Zoning Board of Appeals.
E. Members of the Zoning Board of Appeals shall be removable by the City Commission
for non-performance of duty or misconduct in office upon written charges after public
hearing. A member shall disqualify him or herself from a vote in which there exists a
conflict of interest. Failure of a member to disqualify him or herself from a vote in which
there is a conflict of interest shall constitute misconduct in office.
F. The Zoning Board of Appeals shall not conduct business unless a majority of the
members of the Board are present.
G. The members of the Zoning Board of Appeals shall be appointed by the Mayor, with
confirmation from the City Commission, at a regularly called meeting. The Zoning
Board of Appeals may elect one of its members as Chairman, Vice Chairman and
Secretary. The Board of Appeals shall submit an annual report of its proceedings to the
City Commission documenting the case approval/denial rate for the year, as well as a
proposed budget for the Board’s consideration in appropriating necessary monies to the
ZBA.
SEC. 16.2 JURISDICTION
The Board of Appeals shall have the following powers and it shall be its duty:
A. To hear and decide appeals where it is alleged there is error of law in any order,
requirement, decision or determination made by the Community Development
Department or Planning Commission in the administration or enforcement of this
Ordinance.
B. To grant variances from the provisions of this Ordinance as may be in harmony with its
general purpose and intent so that the function of this Ordinance be observed, public
safety and welfare secured, and substantial justice done, including the following:
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1. Interpret the provisions of the Ordinance in such a way as to carry out the intent and
purpose of the plan as shown in the use districts accompanying the Zoning Map.
2. Permit such modification of the height, setback and area regulations as may be
necessary to secure and appropriate improvement of a lot which is of such shape, or
so located with relation to surrounding development or physical characteristics, that
it cannot otherwise be improved without such modification.
3. Permit the phasing of required site plan improvements where the cost of the required
improvements are relatively high in relation to the total cost of the applicants
development or addition. Planning Commission recommendations shall be required,
together with a bond in the amount of the deferred improvements.
4. The Zoning Board of Appeals shall not have the right to review an appeal to a decision
made by the City Planning Commission for cases involving Special Land Use or
Planned Unit Development.
SEC. 16.3 MEETINGS
Meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at
such other times as such Board may determine or specify in its rules of procedure. All
hearings conducted by said Board shall be open to the public. The Zoning Board of Appeals
shall adopt its own rules of procedure and keep a record of its proceedings showing the
vote of each member upon each question, or if absent or failing to vote, indicating said fact;
and shall file a record of its proceedings in the Office of the City Clerk, and shall be a public
record.
SEC. 16.4 APPEALS PROCEDURES
These procedures are instituted to hear and decide appeals from and review an order,
requirement, decision or determination made by an administrative official or commission
charged with the administration or enforcement of the City Zoning Ordinance.
A. An appeal shall be filed with the officer from whom the appeal is taken and with the
Zoning Board of Appeals specifying the ground for the appeal. The applicant shall file
with the Zoning Board of Appeals, in writing or on forms furnished by the Community
Development Department, giving notice of appeal and specifying the grounds thereof.
1. The officer from whom the appeal is taken shall forthwith transmit to the Zoning
Board of Appeals all papers constituting the record upon which the appeal is taken.
2. Such appeal may be taken by any person aggrieved by any officer, department,
commission, board or agency of the City charged with the administration or
enforcement of this Ordinance.
3. The Board shall fix a reasonable time for the hearing of the appeal and give due
notice thereof to the parties and decide the same within a reasonable time. The
Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination as, in its opinion, ought to be made
in the premises, and, to that end, shall have all the power of the officer from whom
the appeal was taken and may issue or direct issuance of a permit. Where there are
practical difficulties or unnecessary hardships in the way of carrying out the strict
letter of such Ordinance, the Board shall have the power in passing upon appeals
to vary or modify any of its rules, regulations or provisions so that the spirit of the
Ordinance shall be observed, public safety secured and substantial justice done. The
decision of such Zoning Board of Appeals shall be final. However, a person having
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an interest affected by the Zoning Ordinance may appeal to the circuit court which
shall review the record prepared by the Zoning Board of Appeals consistent with the
provisions of Section 5 (11) of Act 207, Public Acts of 1921, as amended.
4. The concurring vote of a majority of the members of the Board shall be necessary to
reverse any order, requirement, decision or determination of any such administrative
official or Commission.
5. All actions of the Board shall be stated in writing.
SEC. 16.5 VARIANCE REVIEW PROCEDURES
These variance review procedures are instituted to provide an opportunity for the relaxation
of the terms of the Zoning Ordinance where a literal enforcement of the Ordinance would
result, through no fault of the applicant, in practical difficulties or unnecessary hardship.
Establishment or expansion of a use otherwise prohibited shall not be allowed by variance,
nor shall a variance be granted because of the presence of nonconformities in the zoning
district or uses in adjoining zoning districts.
A. An application for the approval of a variance shall be made by an owner of an interest in
the site to the Community Development Department, accompanied by the necessary fees
and documents, as provided in this Ordinance.
B. The application shall be accompanied by a site plan drawn to the scale of 1" = 20’ and
placed on a standard sheet and containing the following information:
C. Dimensional elements for which a variance is requested.
D. Dimensional relationships of the subject lot to the structure on all adjacent lots.
E. The application shall be accompanied by an affidavit by the applicant explaining:
1. How the strict enforcement of the provisions of the City Zoning Ordinance would
cause practical difficulty and/or unnecessary hardship and deprive the owner of
rights enjoyed by all other property owners owning property within the same zoning
district.
2. The conditions and circumstances unique to the property which are not similarly
applicable to other properties in the same zoning district.
3. The conditions and circumstances unique to the property were not created by the
owner, or his predecessor in title, within the time following the effective date of the
provisions alleged to adversely affect such property.
4. Why the requested variance will not confer special privileges that are denied other
properties similarly situated in the same zoning district.
5. Why the requested variance will not be contrary to the spirit and intent of this Zoning
Ordinance.
F. The Community Development Department shall notify the applicant and all owners
of an interest in lots, as recorded on the City tax roll, and within three hundred (300’)
feet of the subject lot upon which a variance is requested, of the time and place of the
Zoning Board of Appeals meeting at which such application will be considered, provided,
however, such notice shall be given not less than seven (7) days before such meeting.
G. The Board shall consider the application for variance at its next regular meeting, which
provides sufficient time for notice as required heretofore, or within not more than
forty-five (45) days after receipt of the application by the Community Development
Department and hear and question any witness appearing before the Board. Applications
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for ZBA review shall be submitted to the Community Development Department a
minimum of thirty (30) days prior to the date of the meeting to qualify for said meeting’s
agenda.
H. The Board shall approve, with or without conditions, or disapprove the application and
shall communicate its action, in writing, to the Community Development Department
within one (1) week from the time of the meeting at which it considered the application.
1. The Board shall not approve an application for a variance unless it has been found
positively that:
a. The strict enforcement of the Zoning Ordinance would cause practical difficulty
and/or unnecessary hardship and deprive the owner of rights enjoyed by all other
property owners owning property within the same zoning district.
b. The conditions and circumstances are unique to the subject property and are not
similarly applicable to other properties in the same zoning district.
c. The conditions and circumstances unique to the property were not created by the
owner, or his predecessor in title, within the time following the effective date of
the provisions alleged to adversely affect such property.
d. The requested variance will not confer special privileges that are denied other
properties similarly situated and in the same zoning district.
e. The requested variance will not be contrary to the spirit and intent of the City
Zoning Ordinance.
f. The Community Development Department shall, upon receipt of the notice of
approval and upon application by the applicant, collect all required fees and issue
a building permit or such other approval permitting the variance, subject to all
conditions imposed by such approval.
SEC. 16.6 ZONING BOARD OF APPEALS APPROVAL
A. No order of the Zoning Board of Appeals permitting the erection or alteration of a building
shall be valid for a period longer than six (6) months, unless a building permit for such
erection or alteration is obtained within such period, and such erection or alteration is
started and proceeds to completion in accordance with the terms of such permit. The
applicant may file, in writing, a request for an extension of said Zoning Board of Appeals
approval of up to one hundred and eighty (180) days. The request shall be filed at the
Community Development Department. The Community Development Director reserves
the right to deny such request.
B. No order of the Zoning Board of Appeals permitting a use of a building or land shall be
valid for a period longer than six (6) months, unless such use is established within such
period; provided, however, that where such order shall continue in force and effect if a
building permit for said erection or alteration is started and proceeds to completion in
accordance with such permit.
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City of Mount Clemens Zoning Ordinance
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ARTICLE 17
AMENDMENTS
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Amendments to this Ordinance may be made in the manner provided in Act 110 of the
Michigan Public Acts of 2006, as amended, and in accordance with the initiatory procedure
set forth hereinafter. Amendments may be initiated by the City Commission upon written
request to the Planning Commission, or the Planning Commission may initiate amendments
upon its own motion. Any person, firm or corporation affected by the provisions of this
Ordinance may initiate a text amendment hereto by submitting the necessary forms,
obtainable from the City, to the City Clerk. An amendment to the Zoning Map may only be
initiated by a person, firm or corporation with a proprietary interest in the site proposed for
rezoning.
SEC. 17.1 APPLICATION PROCEDURE.
A. An amendment to this Ordinance or the Zoning Map, except those initiated by the City,
shall be initiated by submission of a completed application on a form supplied by
the City, including an application fee, which shall be established from time to time by
resolution of the City Commission.
B. In the case of an amendment to the Official Zoning Map, the following information shall
accompany the application form:
1. A legal description and street address of the subject property, together with a map
identifying the subject property in relation to surrounding properties.
2. The name, signature and address of the owner of the subject property, a statement of
the applicant’s interest in the subject property if not the owner in fee simple title, and
proof of consent from the property owner.
3. The existing and proposed zoning district designation of the subject property.
4. A site analysis site plan or current aerial photograph illustrating existing conditions
on the site and adjacent properties such as woodlands, wetlands, soil conditions,
steep slopes, drainage patterns, views, existing buildings, adjacent land uses, any
sight distance limitations and relationship to other developed sites and access
points in the vicinity.
5. A written description of how the requested rezoning meets
Section 17.3
"Criteria for
Amendment to the Zoning Map."
C. In the case of an amendment to the Zoning Map, the site must be staked to clearly
indicate the location of the requested amendment. Flagged stakes shall be placed at
each parcel corner.
D. In the case of an amendment to this Ordinance, other than an amendment to the Zoning
Map, a general description and indication of the purpose of the proposed amendment
shall accompany the application form.
E. An applicant for a rezoning may voluntarily offer certain conditions and limitations
as part of the rezoning application (hereafter referred to as "conditional rezoning
agreement"). The offer for a conditional rezoning agreement shall be submitted at
the time the rezoning application is filed or in response to comments received at the
Planning Commission public hearing. An election to file a conditional rezoning with a
conditional rezoning agreement shall be in writing and shall be pursuant to the Michigan
Zoning Enabling Act (Public Act 110 of 2006), and
Section 17.4
below. When necessary,
the conditional rezoning agreement shall also include and incorporate, by reference, a
conceptual site plan. This plan shall not replace the requirement for a site plan review
and approval as outlined in
Article 11
, which shall be conducted following the City
Commission’s approval of the conditional rezoning. The City may voluntarily accept the
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17
offer for a conditional rezoning agreement, but shall not be obligated to accept such
offer.
SEC. 17.2 AMENDMENT PROCEDURE; PUBLIC HEARING AND NOTIFICATION.
A. Upon initiation of an amendment, a public hearing on the proposed amendment shall be
scheduled before the Planning Commission. Notice of public hearing shall be provided
for in accordance with the Michigan Zoning Enabling Act.
B. Where the applicant has offered a conditional rezoning, the conditional rezoning
agreement may be offered or amended in response to comments raised during the public
hearing; provided, that any amended or additional agreements are voluntarily offered by
the applicant and they are in direct response to discussion at the public hearing.
C. Following the public hearing, the Planning Commission shall identify and evaluate all
factors relevant to the petition and shall report its findings and recommendation to
the City Commission. In the case of an amendment to the Zoning Map, the Planning
Commission shall consider the criteria contained in Section C below, in making its
finding and recommendation.
D. Where the applicant has offered a conditional rezoning, the conditional rezoning
agreement shall be reviewed by the City attorney prior to the Planning Commission
making a recommendation to the City Commission on the conditional rezoning
application. The City attorney shall determine that the conditional rezoning agreement
conforms to the requirements of Section D below and the Michigan Zoning Enabling Act,
and shall confirm that the conditional rezoning agreement is in a form acceptable for
recording with the County Register of Deeds.
E. Following receipt of the findings and recommendation of the Planning Commission, the
City Commission shall consider the proposed amendment.
1. In the case of an amendment to the text of this Ordinance, the City Commission
may modify or revise the proposed amendment as recommended by the Planning
Commission, prior to adoption.
2. In the case of an amendment to the Zoning Map, the City Commission shall approve
or deny the amendment, based on its consideration of the criteria contained in
Section 17.3
below.
F. If a conditional rezoning has been offered by the applicant and recommended for
approval by the Planning Commission, the City Commission may approve the conditional
rezoning agreement as a condition to the rezoning if it meets all requirements of Section
D below. If an applicant proposes a conditional rezoning agreement after the Planning
Commission has made a recommendation on the rezoning request, the City Commission
shall first remand the application back to the Planning Commission to review the
agreement and resubmit a recommendation to the City Commission. The conditional
rezoning agreement shall be incorporated by attachment or otherwise as an inseparable
part of the ordinance adopted by the City Commission to accomplish the requested
conditional rezoning. All of the following shall apply to a rezoning that was conditionally
approved along with a conditional rezoning agreement:
1. The zoning classification of the rezoned property shall consist of the district to
which the property has been rezoned, plus a reference to the conditional rezoning
agreement. The zoning map shall specify the new district, plus a small letter "a"
followed by a number to indicate that the property is subject to a conditional
rezoning agreement and referencing the agreement number (e.g., "R1-A-a1").
17-4
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
Amendments
17
2. The City shall maintain a listing of all properties subject to conditional rezoning
agreements. The approved conditional rezoning agreement shall be recorded by the
applicant with the County Register of Deeds.
3. Unless extended by the City Commission for good cause, the conditional rezoning
agreement and associated conditional rezoning shall expire two (2) years after
adoption of the conditional rezoning and conditional rezoning agreement, unless
substantial construction on the approved development of the property, pursuant to
building and other required permits issued by the City, commences within the two (2)
year period and proceeds diligently towards completion.
4. In the event that substantial construction on the approved development has not
commenced within two (2) years, the zoning agreement shall be void and of no effect.
5. Notwithstanding the above, if the property owner applies in writing for an extension
of the conditional rezoning agreement at least thirty (30) days prior to the expiration
date, the City Commission may, after recommendation by the Planning Commission,
grant an extension of up to one (1) year.
6. Should the conditional rezoning agreement become void, all development on the
subject property shall cease, and no further development shall be permitted. The City
may withhold or revoke permits and certificates, in addition to or in lieu of any other
lawful action to achieve compliance.
If the conditional rezoning agreement becomes void as outlined above, the conditional
rezoning shall be automatically revoked and the land shall be rezoned back to its original
zoning classification.
SEC. 17.3 CRITERIA FOR AMENDMENT TO THE ZONING MAP.
In considering any petition for an amendment to the Zoning Map, the Planning Commission
and City Commission shall consider the following criteria in making its findings,
recommendations and decision:
A. Consistency with the goals, policies and future land use map of the Master Plan,
including any subarea or corridor studies. If conditions have changed since the Master
Plan was adopted, the consistency with recent development trends in the area.
B. Compatibility of the site’s physical, geological, hydrological and other environmental
features with the host of uses permitted in the proposed zoning district.
C. The ability to the site to be reasonably developed with one (1) of the uses permitted under
the current zoning.
D. The compatibility of all the potential uses allowed in the proposed zoning district with
surrounding uses and zoning in terms of land suitability, impacts on the environment,
density, nature of use, traffic impacts (including a Traffic Impact Analysis per
Section
8.15
, when applicable), aesthetics, infrastructure and potential influence on property
values.
E. The capacity of infrastructure and services sufficient to accommodate the uses
permitted in the requested district without compromising the health, safety and welfare
of the City.
F. The apparent demand for the types of uses permitted in the requested zoning district in
the City in relation to the amount of land in the City currently zoned to accommodate the
demand.
G. Where a rezoning is reasonable given the above criteria, a determination the requested
17-5
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
Amendments
17
zoning district is more appropriate than another district or amending the list of
permitted or Special Land Uses within a district.
H. The request has not previously been submitted within the past one (1) year, unless
conditions have changed or new information has been provided.
SEC. 17.4 AGREEMENTS FOR CONDITIONAL REZONINGS.
A. An applicant for a rezoning may voluntarily offer a conditional rezoning agreement as
a condition for rezoning. An election to file a conditional rezoning with a conditional
rezoning agreement shall be pursuant to the Michigan Zoning Enabling Act and this
article. The conditions set forth in the conditional rezoning agreement must be voluntary
and equally or more restrictive than the regulations that would otherwise apply under
the proposed zoning district. The conditional rezoning agreement shall be a written
agreement that is approved and executed by the applicant and the City and recorded
with the County Register of Deeds. When necessary, the conditional rezoning agreement
shall also include and incorporate, by reference, a site plan. This plan shall not replace
the requirement for a site plan as outlined in
Article 11
. The conditional rezoning
agreement must be voluntarily offered by the applicant and the City shall not have
the authority to require modification to a conditional rezoning agreement without the
consent of the petitioner; provided, the City shall not enter into a conditional rezoning
agreement that is not found acceptable to the City Commission.
B. The conditional rezoning agreement may include limitations on the uses permitted on
the property in question, specification of lower density or less intensity of development
and use, or may impose more restrictive measures on the location, size, height, or other
measure for buildings, structures, improvements, setbacks, landscaping, buffers, design,
architecture and other features. The conditional rezoning agreement may not authorize
uses or developments of greater intensity or density, or which are not permitted in the
proposed zoning district; nor may a conditional rezoning agreement permit variances
from height, area, setback or similar dimensional requirements that are less restrictive
than the proposed zoning district. The conditional rezoning agreement may include
conditions related to the use and development of the property that are necessary to:
1. Serve the intended use of the property, such as improvements, extension, widening,
or realignment of streets, utilities, storm drains, or other infrastructure serving the
site;
2. Minimize the impact of the development on surrounding properties, such as
landscape screening above and beyond minimum requirements or design elements
to create transition to adjoining uses; and
3. Preserve natural features, historic resources, and open space.
C. In addition to any limitations on use or development of the site, preservation of site
features or improvements described in paragraph B above, the conditional rezoning
agreement shall also include the following:
1. Acknowledgement that the conditional rezoning agreement was proposed voluntarily
by the applicant and that the City relied upon the agreement and may not grant the
rezoning but for the conditions offered in the conditional rezoning agreement.
2. Acknowledgement that the conditional rezoning agreement and its terms and
conditions are authorized by all applicable state and federal law and constitution,
and that the conditional rezoning agreement is valid and was entered into on a
voluntary basis.
17-6
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
Amendments
17
3. Agreement and understanding that the property shall only be developed and used in
a manner that is consistent with the conditional rezoning agreement.
4. Agreement and understanding that the rezoning is conditioned upon obtaining site
plan approval under
Article 3
, or subdivision approval under the Subdivision Control
Ordinance and obtaining other necessary approvals required by the City and all
applicable county, and state agencies.
5. Agreement and understanding that no part of the conditional rezoning agreement
shall permit any activity, use, or condition that would otherwise not be permitted in
the new zoning district.
6. Agreement and understanding that the approval of the conditional rezoning and the
conditional rezoning agreement shall be binding upon and inure to the benefit of
the property owner and the City, and also their respective heirs, successors, assigns,
receivers or transferees.
7. Agreement and understanding that, if a rezoning with a conditional rezoning
agreement becomes void in accordance with this section, that no further
development shall take place and the City shall initiate rezoning of the land back to
its original zoning classification.
8. A legal description of the land to which the agreement pertains.
9. Any other provisions as are agreed upon by the parties.
D. Any uses proposed as part of a conditional rezoning agreement that would otherwise
require site plan approval or special land use approval shall be subject to the applicable
review and approval requirements of
Articles 11
and
13
.
E. Nothing in the conditional rezoning agreement, nor any statement or other provision,
shall prohibit the City from later rezoning all or any portion of the land that is the subject
of the conditional rezoning agreement to another zoning classification. Any rezoning
shall be conducted in compliance with this ordinance and the Michigan Zoning Enabling
Act.
F. Failure to comply with the conditional rezoning agreement at any time after approval will
constitute a breach of the agreement and also a violation of this ordinance, and further
use of the property may be subject to legal remedies available to the City.
SEC. 17.5 AMENDMENTS REQUIRED TO CONFORM TO COURT DECREE.
Any amendment for the purpose of conforming to a decree of a court of competent
jurisdiction shall be adopted by the City Commission and published, without necessity of a
public hearing or referral thereof to any other board or agency.
City of Mount Clemens Zoning Ordinance
18-1
ARTICLE 18
ENACTMENT PROVISIONS
18
18-2
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
Enactment Provisions
18
SEC. 18.1 SEVERABILITY
If any section, paragraph, clause or provision of this Ordinance is for any reason held to be
invalid or unconstitutional, the invalidity or unconstitutionality of such section, paragraph,
clause or provision shall not affect any of the remaining provisions of this Ordinance.
SEC. 18.2 REPEAL
Other ordinances and parts of ordinances in conflict with this Ordinance, to the extent of
such conflict and no further, are hereby repealed. The Zoning Ordinance for the City of Mount
Clemens, Macomb County, Michigan, Code Section 15.000, effective April 21, 2003 and as
amended, is specifically repealed in its entirety.
SEC. 18.3 ADOPTION AND EFFECTIVE DATE
This Ordinance shall take effect ten (10) days from and after publication of a Notice of
Adoption of said Ordinance in a newspaper of general circulation within the City of Mount
Clemens, Macomb County, Michigan.
City of Mount Clemens Zoning Ordinance
A-1
APPENDIX
A
A-2
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
A
Use Table
Zoning Map
ROSE
GRATIOT
CASS
MAIN
GROESBECK
RIVER
CHURCH
NORTH
WELTS
HUBBARD
WILSON
CROCKER
MADISON
EUCLID
GRAND
HIGH
SMITH
RIVERSIDE
CLAIR
BEYNE
ROBERTSON
FLORAL
MOROSS
HAMPTON
HURON
AVERY
MILLER
MARY
SCOTT
CREST
HARRINGTON
ELIZABETH
WELLINGTON
MARKET
ESPLANADE
NEW
COURT
DICKINSON
MULBERRY
BALMORAL
GIBBS
CANFIELD
4TH
5TH
EASTMAN
PARK
HIGHLAND
CLINTON
LINCOLN
PINE
3RD
2ND
WASHINGTON
HUNTINGTON
GALLUP
AHRENS
LODEWYCK
INCHES
CLEMENS
ELDREDGE
BELLEVIEW
1ST
DON
WELLESLEY
UNI
ON
DUNHAM
WALNUT
CLARA
SOUTH
MICHIGAN
CHIPPEWA
KIBBEE
JUDGE
LOGAN
BROADWAY
GROVE PARK
MARK
CLINTON RIVER
JONES
ORCHARD
KINGSLEY
ALTER
LESLIE
MACOMB
PARKVIEW
SHARI
FERRIN
KENDRICK
MEADLE
RATHBONE
BURLINGTON
CHERRY
DUBAY
FERNDALE
RIVERVIEW
LAFAYETTE
DIEHL
FESSENDEN
COMET
SHERIDAN
BEULAND
ELLWOOD
BREITMEYER
MALOW
LEONORE
VALLEY
LOIS
YEAMANS
MOSER
MACK
ROSEVIEW
QUEEN
CAMBRIDGE
WARRINGTON
BOEHME
BYRON
LINDSEY
WESTLAWN
HOWARD
GOLD
MULLIGAN
HOLLYWOOD
DOROTHEA
ENGLEWOOD
ROSE PETAL
COLONIAL
MONTEGO BAY
BROOKS
UTE
SHADYSIDE
WOOLWORTH
BARBARA
GREINER
ROSLYN
IROQUOIS
CUMBERLAND
AVON
JOHN
CHRISTINE
WOODSIDE
PARNACOTT
TERRY
CHARLES
LANA
STAPLETON
HARPER
AMVET
ROHNS
BURR
MURDOCK
LAWNDALE
MCCORMICK
WESTENDORF
AHRENS
WILSON
GRATIOT
GALLUP
GALLUP
JONES
HOWARD
WALNUT
SOUTH
RIVER
SOUTH
RIVERVIEW
AVERY
INCHES
JONES
1ST
WALNUT
RIVER
HAMPTON
LAFAYETTE
ZONING MAP
CITY OF MOUNT CLEMENS
I
Required Storefronts
R1-A Single-Family Residential
R1-B Single-Family Residential
RM-1 Mixed Residential
RM-2 Planned Multiple-Family Campus Residential
RMH Multiple-Family High Rise Residential
MHC Manufactured Housing Community
MU Mixed-Use
GC General Commercial
CB Central Business
INST Institutional Campus
I-1 Light Industrial
I-2 Heavy Industrial
Source: City of Mount Clemens, Anderson Eckstein and Westrick, Inc., SmithGroup
0 0.25 0.50.125
Miles
Effective 4/24/2021
ROSE
GRATIOT
CASS
MAIN
GROESBECK
RIVER
CHURCH
NORTH
WELTS
HUBBARD
WILSON
CROCKER
MADISON
EUCLID
GRAND
HIGH
SMITH
RIVERSIDE
CLAIR
BEYNE
ROBERTSON
FLORAL
MOROSS
HAMPTON
HURON
AVERY
MILLER
MARY
SCOTT
CREST
HARRINGTON
ELIZABETH
WELLINGTON
MARKET
ESPLANADE
NEW
COURT
DICKINSON
MULBERRY
BALMORAL
GIBBS
CANFIELD
4TH
5TH
EASTMAN
PARK
HIGHLAND
CLINTON
LINCOLN
PINE
3RD
2ND
WASHINGTON
HUNTINGTON
GALLUP
AHRENS
LODEWYCK
INCHES
CLEMENS
ELDREDGE
BELLEVIEW
1ST
DON
WELLESLEY
UNI
ON
DUNHAM
WALNUT
CLARA
SOUTH
MICHIGAN
CHIPPEWA
KIBBEE
JUDGE
LOGAN
BROADWAY
GROVE PARK
MARK
CLINTON RIVER
JONES
ORCHARD
KINGSLEY
ALTER
LESLIE
MACOMB
PARKVIEW
SHARI
FERRIN
KENDRICK
MEADLE
RATHBONE
BURLINGTON
CHERRY
DUBAY
FERNDALE
RIVERVIEW
LAFAYETTE
DIEHL
FESSENDEN
COMET
SHERIDAN
BEULAND
ELLWOOD
BREITMEYER
MALOW
LEONORE
VALLEY
LOIS
YEAMANS
MOSER
MACK
ROSEVIEW
QUEEN
CAMBRIDGE
WARRINGTON
BOEHME
BYRON
LINDSEY
WESTLAWN
HOWARD
GOLD
MULLIGAN
HOLLYWOOD
DOROTHEA
ENGLEWOOD
ROSE PETAL
COLONIAL
MONTEGO BAY
BROOKS
UTE
SHADYSIDE
WOOLWORTH
BARBARA
GREINER
ROSLYN
IROQUOIS
CUMBERLAND
AVON
JOHN
CHRISTINE
WOODSIDE
PARNACOTT
TERRY
CHARLES
LANA
STAPLETON
HARPER
AMVET
ROHNS
BURR
MURDOCK
LAWNDALE
MCCORMICK
WESTENDORF
AHRENS
WILSON
GRATIOT
GALLUP
GALLUP
JONES
HOWARD
WALNUT
SOUTH
RIVER
SOUTH
RIVERVIEW
AVERY
INCHES
JONES
1ST
WALNUT
RIVER
HAMPTON
LAFAYETTE
ZONING MAP
CITY OF MOUNT CLEME
NS
I
Required Storefronts
R1-A Single-Family Residential
R1-B Single-Family Residential
RM-1 Mixed Residential
RM-2 Planned Multiple-Family Campus Residential
RMH Multiple-Family High Rise Residential
MHC Manufactured Housing Community
MU Mixed-Use
GC General Commercial
CB Central Business
INST Institutional Campus
I-1 Light Industrial
I-2 Heavy Industrial
Source: City of Mount Clemens, Anderso
n Eckstein and Westrick, Inc., SmithGroup
0 0.25 0.50.125
Miles
Effective 4/24/2021
ROSE
GRATIOT
CASS
MAIN
GROESBECK
RIVER
CHURCH
NORTH
WELTS
HUBBARD
WILSON
CROCKER
MADISON
EUCLID
GRAND
HIGH
SMITH
RIVERSIDE
CLAIR
BEYNE
ROBERTSON
FLORAL
MOROSS
HAMPTON
HURON
AVERY
MILLER
MARY
SCOTT
CREST
HARRINGTON
ELIZABETH
WELLINGTON
MARKET
ESPLANADE
NEW
COURT
DICKINSON
MULBERRY
BALMORAL
GIBBS
CANFIELD
4TH
5TH
EASTMAN
PARK
HIGHLAND
CLINTON
LINCOLN
PINE
3RD
2ND
WASHINGTON
HUNTINGTON
GALLUP
AHRENS
LODEWYCK
INCHES
CLEMENS
ELDREDGE
BELLEVIEW
1ST
DON
WELLESLEY
UNI
ON
DUNHAM
WALNUT
CLARA
SOUTH
MICHIGAN
CHIPPEWA
KIBBEE
JUDGE
LOGAN
BROADWAY
GROVE PARK
MARK
CLINTON RIVER
JONES
ORCHARD
KINGSLEY
ALTER
LESLIE
MACOMB
PARKVIEW
SHARI
FERRIN
KENDRICK
MEADLE
RATHBONE
BURLINGTON
CHERRY
DUBAY
FERNDALE
RIVERVIEW
LAFAYETTE
DIEHL
FESSENDEN
COMET
SHERIDAN
BEULAND
ELLWOOD
BREITMEYER
MALOW
LEONORE
VALLEY
LOIS
YEAMANS
MOSER
MACK
ROSEVIEW
QUEEN
CAMBRIDGE
WARRINGTON
BOEHME
BYRON
LINDSEY
WESTLAWN
HOWARD
GOLD
MULLIGAN
HOLLYWOOD
DOROTHEA
ENGLEWOOD
ROSE PETAL
COLONIAL
MONTEGO BAY
BROOKS
UTE
SHADYSIDE
WOOLWORTH
BARBARA
GREINER
ROSLYN
IROQUOIS
CUMBERLAND
AVON
JOHN
CHRISTINE
WOODSIDE
PARNACOTT
TERRY
CHARLES
LANA
STAPLETON
HARPER
AMVET
ROHNS
BURR
MURDOCK
LAWNDALE
MCCORMICK
WESTENDORF
AHRENS
WILSON
GRATIOT
GALLUP
GALLUP
JONES
HOWARD
WALNUT
SOUTH
RIVER
SOUTH
RIVERVIEW
AVERY
INCHES
JONES
1ST
WALNUT
RIVER
HAMPTON
LAFAYETTE
ZONING MAP
CITY OF MOUNT CLEMENS
I
Required Storefronts
R1-A Single-Family Residential
R1-B Single-Family Residential
RM-1 Mixed Residential
RM-2 Planned Multiple-Family Campus Residential
RMH Multiple-Family High Rise Residential
MHC Manufactured Housing Community
MU Mixed-Use
GC General Commercial
CB Central Business
INST Institutional Campus
I-1 Light Industrial
I-2 Heavy Industrial
Source: City of Mount Clemens, Anderson Eckstein and Westrick, Inc., SmithGroup
0 0.25 0.50.125
Miles
Effective 4/24/2021
A-3
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
A
Use Table
The purpose of this combined use table is to provide a snapshot of uses allowed by district. It is not intended to replace the specific use tables in each chapter. Please refer to the specific
article in which that district is found.
Use R1-A R1-B RM-1 RM-2 RMH MHC MU CBD GC INST
Railroad
PUD
Riverfront
PUD I-1 I-2 See also
Residential
Single-Family detached dwellings P P P P P P P P SLU SLU
Two-Family dwellings SLU SLU P P P P P
7.1.A
Aached residenal P P P P P
P (not
ground
floor) P P SLU SLU
4.6.C
Mobile Home Parks P
7.1.B
Human Care Facilities
Adult day care facility
Adult foster care family home (6 or fewer adults) P P P P P P
Adult foster care small group home (12 or fewer adults) SLU SLU SLU SLU SLU SLU
Adult foster care large group home (13 to 20 adults) SLU SLU SLU
Adult Foster Congregate Care Facility SLU SLU SLU
Convalescent, Nursing Homes or Hospices SLU SLU SLU SLU SLU SLU P P
7.2.A
Foster family home (4 or fewer children 24 hours per day) P P P P P P
Foster Family group home (5 or 6 children 24 hours per day) P P P P P P
Family day care home (6 or fewer children less than 24 hours per day) P P P P P P P P
Group day care home (7 to 12 children less than 24 hours per day) SLU SLU SLU SLU SLU SLU SLU SLU SLU
7.2.B
Child care centers, preschools, and commercial day care SLU SLU SLU SLU SLU SLU P P P P
7.2.C
Commercial
Adult Entertainment and Business Uses SLU
7.3.A
Bank P P P
Bed and Breakfasts SLU SLU SLU SLU SLU SLU SLU SLU SLU SLU
7.3.B
Commercial recreation P P P SLU SLU
Drive-through facilities SLU P
7.3.C
Eating and Drinking establishments P P P SLU P
Funeral Homes and Mortuaries SLU SLU SLU SLU SLU SLU SLU SLU SLU
7.3.D
General Hospitals SLU SLU SLU P SLU P P
7.3.E
Kennel P P P P
7.3.F
Lodging P P P
Nurseries and Greenhouses SLU P
7.3.G
Outdoor Retail Sales SLU P P
7.3.H
Professional, Medical, and Business Offices P P P P P SLU P
Medical Marihuana Provisioning Centers P P P
Use table
A-4
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
A
Use Table
Use R1-A R1-B RM-1 RM-2 RMH MHC MU CBD GC INST
Railroad
PUD
Riverfront
PUD I-1 I-2 See also
Retail Sales and Services P P P
Retail sales adjunct to a principal use P P P P
Urgent Care Facilities SLU SLU SLU SLU SLU SLU SLU P P
Transportation
Automobile engine and body repair (major) P P
Automobile maintenance and repair (minor) SLU SLU P P
Boat service facilities P P P
Boat storage (indoor or outdoor) P P P
Car washes SLU
Gasoline Service Stations SLU
Marinas and other docking facilities P
Outdoor Vehicle Sales or Leasing SLU P P
Truck Terminals SLU
Industrial
Brewery/Distillery SLU P P P P P
7.5.A
Research, Development, and Testing Services, including Laboratories SLU SLU P P P
Production of consumer goods, such as food, beverages, art, or clothing P P P P P
7.5.B
Warehousing/distribution and wholesale establishments P P
Mini-warehouse or self-storage facilities P P
Light manufacturing, compounding, processing, assembly, and
packaging of previously prepared raw materials P P
Heavy manufacturing, fabrication, and assembly of raw materials that
may have external physical impacts to surrounding districts P
Junk yards, composting, incinerators, transfer, and recycling stations SLU
Contractor Outdoor Storage Yards SLU P P
Workshop/Showroom P P P P P
Wireless communication towers SLU SLU
Medical Marihuana Grower Facilities P P
Medical Marihuana Safety Compliance Facilities P P
Medical Marihuana Processor Facilities P P
Medical Marihuana Secure Transporter Facilities P P
Institutional
Cemeteries SLU SLU SLU SLU SLU SLU
7.6.A
Colleges and Universities SLU SLU SLU SLU SLU SLU SLU
7.6.B
Municipal or public utility uses SLU SLU SLU SLU SLU SLU P P P SLU P P
7.6.C
Parks P P P P P P P P P P
A-5
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
A
Use Table
Use R1-A R1-B RM-1 RM-2 RMH MHC MU CBD GC INST
Railroad
PUD
Riverfront
PUD I-1 I-2 See also
Places of assembly, including places of worship SLU SLU SLU SLU SLU SLU SLU SLU SLU SLU SLU
7.6.D
Public Library, Public Museum SLU SLU SLU SLU P SLU P P SLU
Schools SLU SLU SLU SLU SLU SLU SLU SLU SLU SLU
7.6.E
Studio, such as art, dance, health, music or other similar place of
instruction P P P P P P P P
A-6
City of Mount Clemens Zoning Ordinance
Effective April 24, 2021
A
Use Table