Zoning Ordinance - Article 4 Uses

Section 4.04 R-1, Single-Family Residential District.

Purpose: The R-1 District is composed of those areas of the City where the principal intended use is single-family dwellings and related uses in keeping with the Land Use Plan. Permitted and Special Land Uses in this district are intended to promote residential neighborhoods free of unrelated traffic and other nuisances.

1. Permitted Uses

   1. Single-family detached dwellings.

   2. Home businesses subject to the requirements of Section 5.16.

   3. Other uses that, by law, must be permitted in residential districts.

   4. Public parks and playgrounds.

2. Special Land Uses

   1. Bed and breakfast facilities.

   2. Cemeteries, when developed on a minimum of two (2) acres, after a public hearing.

   3. Essential services and their associated buildings subject to the requirements of Section 5.13.

   4. Family day care homes and group day care homes as defined in this Ordinance and permitted by the State. (No. 1025, 5-1-07)

   5. Institutions for religious worship subject to the requirements of Section 5.17.

   6. One residential apartment above a garage, accessory to a single family residential dwelling.

   7. Public and private nursery schools, kindergartens, elementary, middle, and high schools.

   8. Public buildings such as governmental offices, libraries, police and fire stations and community centers, but not including service or storage yards.

Section 4.05 R-2, Single/Two-Family Residential District.

Purpose: The R-2 District is composed of those areas of the City where the principal intended use is single and two family dwellings and related uses in keeping with the Land Use Plan. Permitted and Special Land Uses in this District are intended to maintain a lower density than is allowed in the R-3. District Areas zoned R-2 are intended to be compatible with areas zoned R-1.

1. Permitted Uses

   1. All permitted uses allowed in the R-1 District.

   2. Two-family dwellings.

2. Special Land Uses

   1. All special land uses allowed in the R-1 District.

   2. Three (3) or more single-family attached dwellings subject to the requirements of Section 4.19.

Section 4.06 R-3, Multiple Family Residential District.

Purpose: The R-3 District is composed of those areas of the City where the principal intended use is multiple family dwellings at a lower density than permitted in R-4 which are compatible with single family residential districts in relation to setbacks and height, and related uses in keeping with the Land Use Plan. These areas should be located near major streets for accessibility and nominal traffic impact on adjacent single‑family areas. The various types and sizes of residential units allowed in this district are intended to provide zones of transition between residential and other districts and to serve the needs of different age and family groups without creating an unreasonable burden to existing community facilities, utilities, or services.

1. Permitted Uses

   1. All permitted uses allowed in the R-1 and R-2 Districts.

   2. Multiple family dwellings and senior housing, including a maintenance building, community buildings, and private swimming pools intended to serve the occupants of the multiple family dwelling complex, subject to requirements of Section 4.19.

2. Special Land Uses

   1. All special land uses allowed in the R-2 District.

   2. Assisted Living Facilities subject to the requirements of Section 5.07.

   3. 3 Day care centers subject to the requirements of Section 5.11.

Section 4.07 R-4, Multiple Family Residential District, High Density.

Purpose: The R-4 District is composed of those areas of the City where the principal intended use is multiple family dwellings at a higher density than R-3, and related uses in keeping with the Land Use Plan. These areas should be located near major streets for accessibility and nominal traffic impact on adjacent single‑family areas. The various types and sizes of residential units allowed in this district are intended to provide zones of transition between residential and other districts and to serve the needs of different age and family groups without creating an unreasonable burden to existing community facilities, utilities, or services.

Prohibited uses: In order to clarify permitted uses, the following uses, among others, are specifically prohibited: boarding houses, motels, hotels, and mobile home developments.

1. Permitted Uses

   1. All permitted uses allowed in the R-3 District.

   2. Multiple residential dwellings at a higher density than R-3. Multiple family dwellings of at least 40 units may have convenience or service establishments located on the ground floor, as long as they are designed and intended primarily for use by residents.

2. Special Land Uses

   1. All special land uses allowed in the R-3 District.

Section 4.08 OS, Office Service District.

Purpose: The OS District is composed of those areas in the City where the principal intended uses are office and technical uses. The District shall be characterized by uses which generally operate during normal business hours; produce a low volume of traffic; may require some service areas along with storage facilities; and are located in buildings which are architecturally compatible with the surrounding area. The Office Service District is intended to provide a zone of transition between commercial and residential areas and between thoroughfares and residential areas.

1. Permitted Uses

   1. Art, music, dance, craft, ceramic, glass, cooking and similar schools and studios.

   2. Banks, credit unions, savings and loan associations and similar uses.

   3. Business service establishments such as printing and photocopying services, mail and packaging services, data processing, and office support services, and similar uses.

   4. Business and technical schools.

   5. Computer service centers and similar uses, including maintenance of electronic equipment.

   6. Libraries, museums and similar uses.

   7. Medical, dental and physical therapy offices, clinics, and medical and dental laboratories and similar uses, provided they do not involve any danger of smoke, fire, or explosion, nor shall they create a nuisance to the surrounding area, but not including any type of medical facility permitting overnight patients.

   8. Office buildings.

   9. Private clubs.

   10. Public buildings such as governmental offices, libraries, police and fire stations, community centers and similar uses, but not including service or storage yards.

   11. Shops of interior decorators, building trades, caterers, blue printers, and similar services.

   12. Sidewalk cafés subject to the requirements of the Sidewalk Café Ordinance.

   13. Standard restaurants, and other places serving food or beverage provided there is no dancing or live entertainment.

2. Special Land Uses

   1. Day care centers subject to the requirements of Section 5.11.

   2. Essential services and their associated buildings, public utility transformer stations and substations, telephone exchanges, public utility offices and similar uses subject to the requirements of Section 5.13.

   3. Hospitals and other medical facilities permitting overnight patients.

   4. Parking structures subject to the requirements of Article 8.

   5. Veterinary offices and hospitals, and groomers, including accessory boarding, but outdoor exercise runs or pens are prohibited. (No. 1017, 12-11-06)

   6. Trade and vocational schools. (No. 1025, 5-1-07)

3. Restrictions

   1. Outdoor storage of goods or materials including, but not limited to, equipment, machinery, trash or recyclable materials, debris, construction materials, tractors or trailers shall be prohibited. However, screened dumpsters are permitted.

Section 4.09 C-1, Local Business District.

Purpose: The C-1 District is designed primarily for the convenience of persons residing in the City by providing office, limited retail and business services to the adjacent neighborhoods. It is the purpose of these regulations to promote such business development while prohibiting uses which are incompatible with adjacent residential areas by, for example, producing heavy truck traffic or having late hours of operation.

Prohibited Uses: In order to clarify the type of permitted uses, the following, among others, are specifically prohibited: showrooms or areas for the sale of new or used motor vehicles and similar items, pawnbrokers, and outdoor storage areas.

1. Permitted Uses

   1. Amusement arcades.

   2. Day care centers subject to the requirements of Section 5.11.

   3. Medical, dental and physical therapy offices, clinics, and medical and dental laboratories and similar uses, provided they do not involve any danger of smoke, fire, or explosion, nor shall they create a nuisance to the surrounding area, but not medical facilities permitting overnight patients.

   4. Service and repair establishments, with or without adjunct retail facilities, including, but not limited to: photographic studios; barber and beauty shops; watch, clothing, and shoe repair shops; dressmaking, catering, interior decorating, lock smith, minor appliances and similar establishments.

   5. Sidewalk cafés subject to the requirements of the Sidewalk Café Ordinance.

   6. Small retail establishments, with no outside display or storage.

   7. Standard restaurants, and other places serving food or beverage.

   8. Veterinary offices and hospitals, and groomers, including accessory boarding, but outdoor exercise runs or pens are prohibited. (No. 1017, 12-11-06)

   9. Video rental and sales establishments provided that no more than 20% of floor space is occupied by adult-related items.

   10. Banks, credit unions, savings and loan associations and similar uses. (No. 1025, 5-1-07)

   11. Public buildings such as governmental offices, libraries, police and fire stations and community centers, but not including service or storage yards. (No. 1025, 5-1-07)

   12. Health, fitness and exercise clubs, tanning studios. (No. 1025, 5-1-07)

   13. Business service establishments such as printing and photocopying services, mail and packaging services, data processing, and office support services, and similar uses. (No. 1025, 5-1-07)

   14. Computer service centers and similar uses, including maintenance of electronic equipment. (No. 1025, 5-1-07)

   15. Office buildings. (No. 1025, 5-1-07)

   16. Shops of interior decorators, building trades, caterers, blue printers, and similar services. (No. 1025, 5-1-07)

   17. Business and technical schools. (No. 1025, 5-1-07)

2. Special Land Uses

   1. Assisted Living Facilities subject to the requirements of Section 5.07.

   2. Automobile filling and service stations and automobile washes subject to requirements of Section 5.05.

   3. (No. 1025, 5-1-07)

   4. (No. 1025, 5-1-07)

   5. Essential services and their associated buildings, public utility transformer stations and substations, telephone exchanges, public utility offices and similar uses subject to the requirements of Section 5.13.

   6. Funeral homes subject to all State and Federal laws.

   7. Hospitals and other medical facilities permitting overnight patients.

Section 4.10 C-2, General Commercial District.

Purpose: The C-2 District is designed primarily to accommodate office, business service, and retail uses that serve a larger market than the C-1 District, including the City and portions of the surrounding communities. It is the purpose of these regulations to promote such business development in a manner which is compatible with uses in the surrounding area.

Prohibited Uses: In order to clarify the type of permitted uses, the following, among others, are specifically prohibited: Retail businesses having more than twenty percent (20%) of the retail floor area dedicated to the sale of used merchandise that does not possess artistic, cultural or historic value; or which, because of age or custom, is known as antique. Outdoor storage areas.

1. A. Permitted Uses

   1. Automobile Dealerships subject to the requirements of Section 5.31. (No. 1030, 7-12-07)

   2. Banks, credit unions, savings and loan associations and similar uses. (No. 1017, 12-11-06)

   3. Health, fitness and exercise clubs, tanning studios.

   4. Medical, dental and physical therapy offices, clinics, and medical and dental laboratories and similar uses, but not medical facilities permitting overnight patients.

   5. Office buildings.

   6. Radio and television studios.

   7. Research and development centers, with or without related office buildings, provided they do not involve any danger of smoke, fire, or explosion, nor shall they create a nuisance to the surrounding area.

   8. Retail establishments, large or small, with no outside display or storage.

   9. Service and repair establishments, with or without adjunct retail facilities including, but not limited to: photographic studios; barber and beauty shops; watch, clothing, and shoe repair shops; dressmaking, catering, interior decorating, lock smith, major or minor appliances, bicycles, furniture, lawnmowers, office or business machines, and similar uses.

   10. Shops of interior decorators, building trades, caterers, blue printers, and similar services.

   11. Sidewalk cafes subject to the requirements of the Sidewalk Café Ordinance.

   12. Standard restaurants and other places serving food or beverage.

   13. (No. 1025, 5-1-07)

   14. Theaters.

   15. Veterinary offices and hospitals, and groomers, including accessory boarding, but outdoor exercise runs or pens are prohibited. (No. 1017, 12-11-06)

   16. Video rental and sales establishments provided that no more than 20% of floor space is occupied by adult-related items.

   17. Private clubs (No. 1025, 5-1-07)

   18. Public buildings such as governmental offices, libraries, police and fire stations and community centers, but not including service or storage yards. (No. 1025, 5-1-07)

   19. Business service establishments such as printing and photocopying services, mail and packaging services, data processing, and office support services, and similar uses. (No. 1025, 5-1-07)

   20. Computer service centers and similar uses, including maintenance of electronic equipment. (No. 1025, 5-1-07)

   21. Business and technical schools. (No. 1025, 5-1-07)

2. Special Land Uses

   1. Amusement arcades.

   2. Automobile filling and service stations and automobile washes subject to the requirements of Section 5.05.

   3. Drive-through facilities in compliance with Section 5.12. Motor vehicle stacking spaces shall comply with Section 8.09.

   4. Essential services and their associated buildings, public utility transformer stations and substations, telephone exchanges, public utility offices and similar uses subject to the requirements of Section 5.13.

   5. Funeral homes subject to all State and Federal laws.

   6. Lodging facilities.

   7. Minor automobile repair subject to the requirements of Section 5.05.

   8. Open air businesses subject to the requirements of Section 5.21.

   9. Parking structures subject to the requirements of Section 8.06.

   10. Participatory recreation and amusement services including, but not limited to, bowling alleys, swim clubs, court sports, roller and ice skating rinks, billiard halls, and miniature golf, but specifically excluding go-cart tracks and gun ranges or clubs.

   11. Wholesale sales with no outside display or storage.

   12. Banquet halls. (No. 1025, 5-1-07)

Section 4.11 C-3, Extended Business District.

Purpose: The C-3 District is designed primarily to accommodate those businesses and service establishments that may negatively impact the surrounding areas. It is the purpose of these regulations to accommodate such business development in a manner which is compatible with uses in the surrounding area.

Prohibited Uses: In order to clarify the type of permitted uses, the following, among others, are specifically prohibited: Retail businesses having more than twenty percent (20%) of the retail floor area dedicated to the sale of used merchandise that does not possess artistic, cultural or historic value; or which, because of age or custom, is known as antique. Outdoor storage areas.

1. A. Permitted Uses

   1. All uses permitted in C-2 District.

   2. Body decorating salons.

   3. Massage establishments provided that they do not fit within the definition of an adult business.

   4. Pawnbrokers.

2. B. Special Land Uses

   1. All special land uses permitted in C-2 District except Drive-through facilities. (No. 1025, 5-1-07)

   2. Adult businesses subject to the requirements of Section 5.03.

Section 4.12 CBD, Central Business District.

Purpose: The CBD Zoning District is designed to provide for a variety of office, business, service, entertainment and retail uses which occupy prime retail frontage and serve the needs of the City and surrounding communities. The regulations of the CBD District are designed to promote pedestrian traffic and stable development by encouraging a continuous retail frontage.

Prohibited Uses: In order to clarify the type of permitted uses, the following, among others, are specifically prohibited: Drive-through facilities, showrooms or areas for the sale of new or used motor vehicles, machinery or equipment weighing more than 200 pounds, and similar items. Retail businesses shall have no more than twenty percent (20%) of the retail floor area dedicated to the sale of used merchandise that does not qualify as possessing artistic, cultural or historic value and, because of age or custom, is known as antique.

1. A. Permitted Uses

   1. Amusement arcades.

   2. Art, music, dance, craft, ceramic, glass, cooking and similar schools and studios.

   3. Banks, credit unions, savings and loan associations and similar uses.

   4. Body decorating salons and massage establishments provided that they do not fit within the definition of an adult business.

   5. Business service establishments such as printing and photocopying services, mail and packaging services, data processing, and office support services, and similar uses.

   6. Business and technical schools.

   7. Computer centers and similar uses including the servicing and maintenance of electronic equipment.

   8. Day care centers.

   9. Health, fitness and exercise clubs, tanning studios.

   10. 10. Libraries, museums and similar uses.

   11. Medical, dental and physical therapy offices, clinics, and medical and dental laboratories and similar uses, provided they do not involve any danger of smoke, fire, or explosion, nor shall they create a nuisance to the surrounding area, but not medical facilities permitting overnight patients.

   12. Office buildings.

   13. Public buildings such as governmental offices, libraries, police and fire stations, community centers and similar uses, but not including service or storage yards.

   14. Radio and television studios.

   15. Residential uses subject to the requirements of the Residential Overlay District, Section 4.16.

   16. Retail establishments, large or small, with no outside display or storage.

   17. Service and repair establishments, with or without adjunct retail facilities, including, but not limited to: photographic studios; barber and beauty shops; watch, clothing, and shoe repair shops; dressmaking, catering, interior decorating, lock smith, minor appliances and similar establishments.

   18. Sidewalk cafés subject to the requirements of the Sidewalk Café Ordinance.

   19. Standard restaurants, and other places serving food or beverage.

   20. Theaters.

   21. (No. 1025, 5-1-07)

   22. Video rental and sales establishments provided that no more than 20% of floor space is occupied by adult-related items.

   23. Public parks and playgrounds. (No. 1025, 5-1-07)

2. Special Land Uses

   1. Lodging facilities.

   2. Open air businesses subject to the requirements of Section 5.21.

   3. Parking structures subject to the requirements of Section 8.06. Such structures may have convenience or service establishments located on the ground floor facing the adjacent street or pedestrian walk-way.

   4. Underground parking structures subject to the requirements of Section 8.06. (No. 1025, 5-1-07)

3. Restrictions

   1. Signs shall comply with the Appearance Review Ordinance.

   2. All goods produced on the premises shall be sold at retail on the premises.

   3. Each building abutting a public street for which a street address number is assigned shall be accessible to and from that street by an entrance open and unlocked to the public during business hours. This condition shall be enforced by periodic inspections, not less that annually.

   4. The front façade of the principal building shall be located within six (6) feet of the front property line.

Section 4.13 M-1, Light Industrial District.

Purpose: The M-1 District is designed to accommodate industrial, warehouse, and similar uses that generate a minimum of: noise, glare, odors, dust, vibration, air and water pollution, fire and safety hazards, potentially harmful or obnoxious matter, radiation, or other potential nuisances. The M-1 District is intended to provide for a compatible transition between areas of general industrial use (M-2) and other districts.

Prohibited Uses: In order to clarify the type of permitted uses, the following, among others, are specifically prohibited: incinerators, refineries, junkyards and recycling facilities, fertilizer manufacturing; and storage and processing of construction debris, explosives, or solid, liquid, hazardous or landscape waste, and compost.

1. Permitted Uses

   1. Assembly and machining operations of small-volume, non-mass produced products, including research and development activities occurring in the same location. These shall include, but not be limited to, optical devices, electronics, scientific, technical and mechanical instruments, and similar uses.

   2. Business service establishments such as printing and photocopying services, mail and packaging services, data processing, and office support services, and similar uses.

   3. Bottling of soft drinks and other beverages; food products;

   4. Commercial laundry facilities, but not including dry-cleaning plants.

   5. Computer service centers and similar uses, including maintenance of electronic equipment.

   6. Major and minor automobile repair subject to the requirements of Section 5.05.

   7. Manufacture, processing or packaging of products such as musical instruments, toys, cosmetics, hardware, cutlery, small electrical appliances and similar products.

   8. Manufacturing facilities such as mill work, custom cabinetry, furniture building, sheet metal fabrication; tool and die shops and similar uses.

   9. Participatory recreation and amusement services including, but not limited to, bowling alleys, swim clubs, court sports, roller and ice skating rinks, billiard halls, miniature golf, and similar uses, but specifically excluding go-cart tracks.

   10. Research and development centers, with or without related office buildings, provided they do not involve any danger of smoke, fire, or explosion, nor shall they create a nuisance to the surrounding area.

   11. Shops of interior decorators, building trades, caterers, blue printers, and similar services.

   12. Wireless communication facilities subject to the requirements of the Wireless Communication Facilities Ordinance.

   13. Business and technical schools. (No. 1025, 5-1-07)

   14. Trade and vocational schools. (No. 1025, 5-1-07)

2. Special Land Uses

   1. Contractor’s storage yards subject to the requirements of Section 5.10.

   2. Essential services and their associated buildings, public utility transformer stations and substations, telephone exchanges, public utility offices, and similar uses subject to the requirements of Section 5.13.

   3. Gun ranges and clubs.

   4. Greenhouses and retail landscaping establishments with outside storage and sales.

   5. Indoor storage of any vehicle subject to the requirements of Section 5.28.

   6. Manufacturing, processing or assembling of biochemical, biological, medicinal, cosmetic, and pharmaceutical products.

   7. Material distribution centers; wholesale establishments; warehouses (whether or not refrigerated) and general storage facilities.

   8. Parking structures subject to the requirements of Section 8.06.

   9. Reuse facilities subject to the requirements of Section 5.24.

   10. Self-storage facilities subject to the requirements of Section 5.25.

   11. Banquet halls. (No. 1025, 5-1-07)

Section 4.14 M-2, General Industrial District.

Purpose: The M-2 District is designed to accommodate manufacturing, assembly, industrial, wholesale, industrial warehouses and similar uses. It is the purpose of these regulations to permit the development of certain functions, but to protect the surrounding areas from incompatible industrial activities and to restrict the intrusion of non-related uses such as residential, retail business and commercial establishments.

Prohibited Uses: In order to clarify the type of permitted uses, the following, among others, are specifically prohibited: incinerators, refineries, junkyards and recycling facilities, fertilizer manufacturing; and storage and processing of construction debris, explosives, or solid, liquid, hazardous or landscape waste, and compost.

1. A. Permitted Uses

   1. Commercial laundry facilities, but not including dry cleaning plants.

   2. Essential services and their associated buildings, public utility transformer stations and substations, telephone exchanges, public utility offices, and similar uses subject to the requirements of Section 5.13.

   3. Greenhouses and landscaping establishments, both retail and wholesale, with outside storage and sales.

   4. Indoor storage of any vehicle subject to the requirements of Section 5.28.

   5. Major automobile repair subject to the requirements of Section 5.06.

   6. Manufacturing, machining, processing, packaging and assembling of the following:

      1. Appliances, housewares, furniture and similar uses.

      2. Paper and wood products.

      3. Prefabricated buildings, wood structural members, cabinetry, furniture, and similar uses.

      4. Stone, clay, glass and leather products, and similar uses.

      5. Beverages, food products and similar uses.

      6. Miscellaneous items including, but not limited to, musical instruments, toys, cosmetics, hardware, cutlery, small electrical appliances and similar products.

      7. Optical devices, electronics, scientific, technical and mechanical instruments, and similar uses.

   7. Manufacture and repair of signs, heating, cooling, and ventilating equipment, and similar uses.

   8. Manufacturing, processing, packaging and assembling of plastic products such as laminate, pipe, plumbing products, miscellaneous molded or extruded products, and similar uses.

   9. Material distribution centers, wholesale establishments; warehouses (whether or not refrigerated) and general storage facilities.

   10. Research and development centers, with or without related office buildings, provided they do not involve any danger of smoke, fire, or explosion, nor shall they create a nuisance to the surrounding area.

   11. Sawmills, planing mills and similar lumber operations.

   12. Sheet metal fabrication, pattern making shops, tool and die shops and similar uses.

   13. Wireless communication facilities subject to the requirements of the Wireless Communication Facilities Ordinance.

   14. Shops of interior decorators, building trades, caterers, blue printers, and similar services. (No. 1025, 5-1-07)

   15. Business and technical schools. (No. 1025, 5-1-07)

   16. Trade and vocational schools. (No. 1025, 5-1-07)

2. Special Land Uses

   1. All special land uses allowed in M-1 District, unless listed above as a permitted use.

   2. Dry cleaning plants.

   3. Freight yards and freight buildings.

   4. Outdoor storage facilities for any vehicles subject to the requirements of Section 5.28.

   5. Reuse facilities subject to the requirements of Section 5.24.

   6. Recycling facilities subject to the requirements of Section 5.23.

   7. Solvent recovery centers and facilities handling, manufacturing, blending, refining, using or storing chemicals deemed hazardous by State or Federal regulations.

   8. Banquet halls. (No. 1025, 5-1-07)

Section 4.15 MXD, Mixed Use Development District.

Purpose: The MXD District is intended to permit (but not require) mixed uses which incorporate residential, local business and office uses within a single development or structure. It is the purpose of these regulations to provide a mechanism for mixed-use developments that are compatible with the surrounding environment and characteristics of the site and to ensure that the infrastructure will be adequate to accommodate the needs of the development.

Prohibited uses: In order to clarify the type of permitted uses, the following uses, among others, are specifically prohibited: mobile home developments.

1. Permitted Uses

   1. All single family dwellings in existence at the time of the adoption of this Ordinance.

   2. Multiple family dwellings.

   3. All permitted uses allowed in the OS District.

   4. All permitted uses allowed in the C-1 District, except amusement arcades.

   5. Health, fitness and exercise clubs, tanning studios.

   6. Business and technical schools. (No. 1025, 5-1-07)

2. B. Special Land Uses

   1. Assisted Living Facilities subject to the requirements of Section 5.08.

   2. Day care centers.

   3. Essential services and their associated buildings, public utility transformer stations and substations, telephone exchanges, public utility offices, and similar uses subject to the requirements of Section 5.13.

   4. Outdoor seating associated with standard restaurants, and other places serving food or beverage.

   5. Banquet halls. (No. 1025, 5-1-07)

3. Restrictions

   1. Outdoor storage of goods or materials including, but not limited to, equipment, machinery, trash or recyclable materials, debris, construction materials, tractors or trailers shall be prohibited. However, screened dumpsters are permitted.

Section 4.16 Residential Overlay District.

Purpose: The Residential Overlay District is intended to permit (but not require) mixed uses which incorporate residential, local business and office uses within a single development; to encourage development that will achieve the physical qualities necessary to maintain and enhance the economic vitality of downtown Ferndale; to encourage the renovation of buildings and ensure that new buildings are compatible with the historic context and the desired character of downtown; and to ensure that all uses at street level relate to pedestrian use and are business or commercial in nature.

District Boundaries: The boundaries of the Residential Overlay District include all property fronting Nine Mile Road between the centerline of Pinecrest on the west and the railroad tracks on the east; all property fronting Woodward between Oakridge on the north and Eight Mile Road on the south excluding existing cemetery property; all property fronting Troy Street between the centerline of Allen on the west and Woodward on the east; all property on the north side of East Troy between Woodward and Paxton; the Withington parking lot at Planavon; and all MXD Districts. Questions concerning the exact location of the District boundary lines shall be determined by the Director.

Section 4.17 PUD, Planned Unit Developments.

Purpose: Planned Unit Development (PUD) regulations are intended to allow for flexibility in normal zoning requirements such as use, setbacks and density in a manner that encourages innovation in land use and variety in design, layout, and type of structures constructed; economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; useful open space; and better housing, employment, recreation and shopping opportunities, and brings about a greater compatibility of design and use both within and adjacent to the development.

1. Types of Planned Use Developments

   1. Commercial/industrial PUDs may include any land use permitted in this Ordinance within the OS, C, M and MXD Districts. Commercial/industrial PUDs may be located in the M-1 and M-2 Districts.

   2. Mixed-use PUDs may include any land use permitted in this Ordinance within the R-2, R-3, R-4, OS, C-1 and C-2 Districts. Mixed-use PUDs may only be located in the OS, C-1, C-2, and MXD Districts.

   3. Residential PUDs may include any land use permitted in this Ordinance within the R-1, R-2 and R-3 Districts. Residential PUDs may only be located in an R District.

2. Qualifying Conditions

   1. Planned Unit Developments shall only be permitted on parcels larger than three (3) acres which front a public right-of-way.

   2. PUDs must be under single ownership or be planned and developed as a single integral unit.

3. Review Procedures

   1. All PUDs are special land uses.

   2. A site plan shall be prepared in accordance with the standards of Section 3.04, Special Land Use, except that a preliminary, conceptual site plan of the proposed PUD shall be submitted to the Plan Commission prior to the submittal of a final site plan. This preliminary site plan shall include a general description of land uses, vehicular and pedestrian circulation, layout, and other major elements. Preliminary site plan approval shall not bind the City to grant subsequent approvals.

   3. After preliminary site plan approval and receipt of a completed special land use application, the procedures of Section 3.04 shall be followed. A site plan shall be submitted within six (6) months of preliminary site plan approval.

   4. Decisions made by the Plan Commission and City Council relative to PUDs are not appealable to the Board of Zoning Appeals.

4. Review Standards ____________

   1. The standards for approval of Special Land Uses, set out in Section 3.04, shall also apply to PUDs.

   2. The Plan Commission and City Council shall also consider the protection of the environment, general compatibility with adjacent land uses, availability of public facilities and services, and the protection of the public health, safety, and welfare.

5. Site Development Requirements

   1. Reasonable conditions may be required with the approval of a PUD, to the extent authorized by law, for the purpose of ensuring that affected public services will be capable of accommodating increased loads caused by the development, ensuring compatibility with adjacent land uses and promoting the use of land in a socially and economically desirable manner.

   2. The requirements of the Schedule of Regulations for each zoning district shall be used as a guide for each particular use contained within a PUD. Deviations from the applicable setbacks, density, parking and loading/unloading requirements, general provisions, and other requirements may be granted as part of the overall approval, provided that the applicant demonstrates that the goals of such requirements are satisfied by other features or elements of the PUD.

   3. The Plan Commission and City Council may require a perimeter setback and berming for the purpose of buffering the development in relation to surrounding properties. The size of the berms and the setback distances shall take into consideration the uses adjacent to the development, and need not be uniform at all points on the perimeter of the development.

   4. Ten percent (10%) of the development must be open space, landscaped in accordance with the Vegetation Ordinance. At least half of the required landscaped open space shall be contiguous with a width to length ratio of 1 to 3. Required setbacks shall not be included in the required 10% open space calculation.

   5. All utilities, including electrical, telephone, and cable wires, must be installed underground.

   6. Pedestrian walkways shall be separated from vehicular circulation.

   7. Signage, lighting, landscaping, exterior building materials, and other features of the project shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding developments, and natural features of the area.

   8. Protective screening shall be provided in accordance with the provisions of Section 5.18.

   9. The City Council, upon the recommendation of the Plan Commission shall resolve all ambiguities concerning applicable regulations using the Zoning Ordinance, Land Use Plan, and other City standards and policies as a guide.

Section 4.18 P-1, Vehicular Parking District.

Purpose: The P-1 District is intended primarily to accommodate areas to be used solely for off-street vehicular parking, while affording maximum protection to adjacent residential areas by providing landscaped buffer strips, greenbelts or screening; and acting as a transitional area between business, commercial and industrial areas, and adjacent residential districts.

Prohibited Uses: In order to clarify the type of permitted uses, the following, among others, are specifically prohibited: the repair of vehicles; storage of merchandise, equipment, and wrecked, junk or unlicensed vehicles; and parking of commercial vehicles between the hours of 11:00 p.m. and 6:00 a.m.

1. A. Permitted Uses

   1. Public and private parking lots subject to the requirements of Article 8.

2. Special Land Uses

   1. Multi-story, above ground parking structures subject to the requirements of Section 8.06.

   2. Underground parking structures subject to the requirements of Section 8.06.